HomeMy WebLinkAboutOIG No. 25-23 Waste Connections AgreementTO:
FROM:
DATE:
PROJECT:
PERIOD:
•TOR6'
Joseph M.Centorino,Inspector General
Honorable Mayor and Members of the City Commission
Joseph Centorino,Inspector General
December 29,2025
Waste Connections Agreement (Non-Exclusive Franchise Contractor)Audit
Report
January 1,2022,through December 31,2024
OIG No.:25-23
This report presents the findings of an audit conducted by the City of Miami Beach Office of the
Inspector General (OIG)regarding the Non-Exclusive Franchise Waste Contractor Agreement
between the City of Miami Beach and Waste Connections of Florida,Inc.(formerly known as
Progressive Waste Solutions of Florida,Inc.).The audit also encompasses the associated Service
Agreement,intended to operate concurrently with the franchise agreement.
BACKGROUND
Chapter 90,Article IV,Private Waste Contractors,of the City Code allows the City to have Non-
Exclusive Franchise Waste Contractor Agreements and Service Agreements with multiple waste
contractors.These contractors provide waste collection and recycling services for Commercial
establishments,industrial uses,hotels,rooming houses,and multi-family residences of nine (9)
dwelling units or more in the City of Miami Beach.According to the Non-Exclusive Franchise
Waste Contractor Agreement,the waste contractor is granted the franchise and must undertake
and perform each obligation outlined in the Agreement.The "Service Agreement"covers
additional solid waste collection,disposal,and recycling services at certain City-owned facilities
and properties.The Service Agreement is intended to have a term that runs concurrently with the
terms of the Non-Exclusive Franchise Waste Contractor Agreement.
The City of Miami Beach currently has two waste haulers:Waste Connections of Florida,Inc.
(formerly Progressive Waste Solutions of FL,Inc.)and Waste Management Inc.of Florida.The
initial contract commenced on October 1,2019,with a three-year renewal term set to terminate
on September 30,2022.The contractors and the City have also agreed to the terms outlined in
the concurrent Service Agreements.
On July 20,2022,the City Commission accepted a recommendation from the City Finance and
Economic Resiliency Committee,as stated in Resolution 2022-32228,to extend the contract on
a month-to-month basis for a period not to exceed twelve (12)months,from September 30,2022,
to September 30,2023.Additionally,as approved by Resolution 2023-32617,the agreement term
was extended on a month-to-month basis until the solicitation process for the new Request for
Qualification (RFQ)is completed and a new contract is executed.
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Section 90-221 of the City Code requires that each franchise waste contractor pay the City a
franchise fee consisting of a percentage of the contractor's total monthly gross receipts
established by resolution of the City Commission.Currently,the franchise fee paid to the City by
its franchise waste contractors is 20%of said gross receipts.Additionally,a 2%Public Right-of-
Way fee and a 2%Sustainability Fee are applicable for a total fee assessment of 24%of gross
receipts.Gross receipts reported and fees paid by the contractor during the audit period were as
follows:
2022 2023 2024 TotalGrossReceipts:
Waste Collection $10,201,442.32 $11,154,511.22 $11,621,167.04 $32,977,120.58
Fees Paid:
Sanitation Franchise Fees $2,040,288.46 $2,230,902.24 $2,324,233.41 $6,595,424.12
Sustainability Initiatives $221,366.36 $241,801.68 $253,730.72 $716,898.75Fees
Right-of-way Fees $204,028.85 $223,090.22 $232,420.56 $659,539.63
Total Fees Paid $2,465,683.67 $2,695,794.14 $2,810,384.69 $7,971,862.50
SUMMARY
The OIG auditor examined all payments recorded during the audit period to determine whether
the franchise fee transactions were correctly calculated,timely,and completely remitted to the
City.
SCOPE,OBJECTIVES,AND METHODOLOGY
The primary scope of this audit was to determine whether the Franchisee adhered to specific
terms of the Non-Exclusive Franchise Waste Contractor Agreement and the Service Agreement
for additional solid waste collection services.Additionally,it aimed to verify that Waste
Connections accurately calculated and paid the City 24%of all gross receipts collected by the
contractor for solid waste collection and disposal within the City,pursuant to those agreements,
which do not include taxes paid and gross receipts from Construction &Demolition (C&D)fees
collected from servicing Roll-off or other portable containers that collect construction and
demolition debris from customers in the City.
Objectives
The objectives of this audit were to identify:
•Whether the franchisee transactions were accurately calculated and remitted to the City.
•Whether the waste hauler contractor maintains a compliant Certificate of Insurance.
•Whether proper controls are in place to ensure the integrity,reliability,and accuracy of
franchise fee calculations,records,and data.
•Whether all applicable franchise fees have been collected and paid to the City promptly
and sufficiently.
•Whether the Finance Department bills any late fees,if applicable.
•Whether there has been adequate documentation to support the franchisee's calculations
of exempt revenue.
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•Other audit procedures as deemed necessary.
Methodology
•Reviewed applicable sections of the Non-Exclusive Franchise Waste Contractor
Agreement and the Service Agreement for additional Solid Waste Collection Services.
•Interviewed and made inquiries of City staff to gain an understanding of internal controls,
assess control risk,and plan audit procedures;
•Performed substantive testing consistent with the audit objectives,including,but not
limited to,examination of applicable transactions and records.
•Drew conclusions based on the results of testing with corresponding recommendations
and obtained auditee responses and corrective action plans;and
•Performed other audit procedures as deemed necessary.
Findings,Recommendations,and Management Responses
1.UNCOLLECTED LATE FEES
The Auditor reviewed all payments recorded in Munis,the current city's enterprise
resource planning system,to ensure that franchise fees were paid on time and by
established deadlines.The test included a review of the monthly 20%franchise fee and
the 2%sustainable initiative fee,both of which are due monthly.
Condition:
The auditor identified five late franchise fee payments during the audit period,with delays
ranging from 2 to 6 days.This resulted in total uncollected fees,interest,and penalties of
$70,128.32,which includes $68,857.37 in delinquency fees (10%penalty)and $1,270.95
in interest.One payment related to the Sustainable Initiative was also late,resulting in an
additional $2,243.66,which included $2,199.57 in delinquency fees (a 10%penalty)and
$44.09 in interest.
Criteria
According to Section 5 (Franchise Consideration)of the nonexclusive agreement,the
franchise fee must be paid monthly per Section 90-223 of the City Code.This section
states that the franchise fee is due to the City on or before the last day of each month,
covering gross receipts from the previous month.
Section 90-225 outlines the penalties for failing to pay the franchise fee.If a contractor
does not pay the full fee by the last day of the month,the following penalties·will apply:
a.Original Delinquency:A penalty of 10%of the delinquent fee.
b.Continued Delinquency:If the contractor does not remit the franchise fee within
30 days of the initial delinquency,an additional penalty of 10%will be applied for
each subsequent 30-day period,up to a maximum of 50%.
c.Interest:The contractor will also incur interest on the unpaid franchise fee at the
highest legal rate permitted by law.
Cause
Neither the Finance Department nor the Sanitation Division billed franchisee (contractor)
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for late payments,yet the franchise contractor did not submit monthly payments on time.
Effect
This pattern affects the City of Miami Beach's cash flow and may raise concerns about the
adequacy of the Sanitation Division in enforcing contractual obligations.
Recommendations
The Sanitation Division team should calculate applicable late fees and issue contractor
bills for any deficiencies.For the future,it is recommended that the Sanitation Division
implement stricter billing practices or establish a clear policy regarding late payments to
ensure compliance and accountability among contractors.
Waste Connections of Florida Response
The Report's first finding identifies $72,371.98 in potential uncollected late fees,interest,
and penalties stemming from five allegedly late franchise fee payments and one late
Sustainable Initiative fee payment during the audit period.While the Report cites Section
90-223 of the City Code,which establishes a payment deadline of the last day of the
month,it omits the critical fact of the City's own billing and invoicing practices.
Waste Connections remits payments for franchise fees upon receipt of an invoice from the
City's staff.Our administrative staff,responsible for processing these payments,relies on
the due date explicitly stated on the invoices provided by the City.Our records indicate
that each and every payment was made on or before the due date specified on the City's
own invoices.The City cannot penalize Waste Connections for relying on the payment
deadlines its own staff provides.If the City's invoices list due dates that fall after the
deadline prescribed in the City Code,that is an internal administrative matter for the City
to resolve,not a delinquency on our part.The Report does not provide specific invoice
numbers or payment dates for the six instances it claims were late.We request that the
OIG provide a detailed list of these transactions so we can cross-reference them with our
payment records and the corresponding City invoices.We are confident this data will
confirm our timely payment in accordance with the City's directives.
OIG Reply
Throughout the audit,the OIG auditor communicated regularly with the Franchisee and
explained and demonstrated the specific dates when the payments were received after
the due date.The City Code and the agreement outline the penalties for failing to pay the
franchise fee;the Franchisee,which is well aware of the due dates of its payments,is
expected to abide by them.
Additionally,Section 90-223 of the City Code states that the Franchise waste contractor
shall deliver the monthly report for the previous month,along with the payment,on or
before the last day of each month.
The scope of this audit did not include a review of the City's invoicing practices and makes
no finding regarding that issue.If,however,there is a deficiency in that process,the City
Administration should now be aware of it and is positioned to take appropriate action.
Sanitation Division Response
We agree with the audit recommendations provided by the OIG.The Sanitation Division
will meet with the Finance Department to discuss implementation of late fees being
added based on the contractual agreement.
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Implementation Date
June 30,2026
2.SUSTAINABLE INITIATIVES FEES OVERCHARGED
The auditor compared the annual statement of gross receipts certified by an independent
certified public accountant (CPA)with the monthly reports (Returns)remitted to the City
to identify any discrepancies and validate compliance with Section 5 of the Franchise
Consideration for the Non-exclusive Franchise Waste Contractor.
Condition
The auditor found a $2,867,816.93 difference between the CPA report and the reported
returns.Further analysis showed that this difference is related to the inclusion of roll-off'
gross receipts,which are not covered under the franchise agreement.
Criteria
Section 5 of the Non-exclusive Franchise Waste Contractor Agreement states that the
gross receipts from servicing roll-off containers are not included under the franchise fee
due to the City.Roll-offs are Construction and Demolition debris (C&D)containers subject
to different requirements and fees,as set forth in Section 90-278 of the City Code,which
does not include sustainable initiatives fees.
Cause
Waste Connections was unaware of the requirements of the Agreement and of the City
Code related to gross receipts.The Sanitation Division did not validate that the amount
collected was accurate and remitted in compliance with Section 5 of the Agreement.
Effect
Waste Connections roll-off clients were incorrectly billed 2%for Sustainable Initiative fees,
resulting in a total overpayment to the City of $57,356.34.
Recommendation
The Sanitation Division should review the monthly and annual gross receipts reports for
accuracy and compliance with the terms of the agreement.Also,the Sanitation Division
should communicate and educate all Sanitation Waste Hauler contractors if errors are
noted.
Waste Connections of Florida Response
The Report's second finding asserts that Waste Connections incorrectly billed its roll-off
clients and remitted to the City $57,356.34 in 2%sustainable initiative fees.The Report
correctly notes that gross receipts from roll-off containers are not subject to this fee under
Section 5 of the Agreement or the City Code.
We are currently performing a thorough audit of our billing data for all roll-off clients for the
entire audit period to validate this finding.The Report attributes this discrepancy to an
unawareness of the specific requirements of the Agreement and a failure by the Sanitation
1 As per Sec.90-2,Roi/offcontainer means a metal container,compacted or open,approved by the city manager,that
is designed and used by C&D haulers for the collection and disposal of construction and demolition debris;large
quantities of trash,and/or bulky waste;but not garbage or commercial refuse.
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Division to validate the amounts remitted.While we endeavor to ensure our billing systems
are always in full compliance,we acknowledge the possibility of an error in the application
of this specific fee.
Should our internal review confirm the overpayment,we will work directly with the
Sanitation and Finance Departments to find an equitable solution for this matter.We are
committed to ensuring our billing practices are precise and fully aligned with our
contractual obligations.
Sanitation Division Response
We agree with the audit recommendations provided by the OIG.The Sanitation Division
will have discussions with Finance Department over current procedures and develop a
streamlined process.
Implementation Date
June 30,2026
3.QUESTIONABLE EXEMPT AMOUNTS
The auditor examined the Miami Beach Franchise report provided by Waste Connections
and identified all exempt transactions,categorizing them by description to identify those
related to recycling,which has been exempted from payment of collection fees.In addition,
the auditor evaluated a sample of invoices to determine the recycling charges and
compared them to the report.
Condition
The auditor noted that $6,066,253.16 was claimed as exempt without supporting
documentation to validate that the amounts are related to recycling fees collected by the
contractor.This includes $1,742,394.37 for 2022,$2,143,605.68 for 2023,and
$2,180,253.11 for 2024.
Additionally,it was noted that the invoices issued to customers specified quantities and
monetary amounts;however,the transaction is not identified as recycling activities.
Criteria
Section 11 of the Non-Exclusive Franchise Waste Contractor Agreement states,
"Franchisee shall keep an accurate set of books and records in accordance with general
accounting principles,reflecting the Gross Receipts derived under and pursuant to the
franchise rights granted herein..."Although the auditor could not identify any section in the
State Statute,City Code,or the Agreement that explicitly states that recycling is exempt,
it is standard industry practice for recycling revenues to be exempted from Franchise
Fees,which the City follows.
Cause
The Sanitation Division team has not reviewed the contractor invoices to ensure that they
separately account for the quantity and dollar amounts of recycling activities.Also,the
Sanitation Division team did not review the total recycling activities to validate the accuracy
of the quantities exempted.
Effect
The audit reveals a $6,066,253.16 amount that lacks sufficient documentation to
substantiate its connection to legitimate,exempt recycling activities.This lack of sufficient
documentation may imply the existence of underreported revenues subject to franchise
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fees.
Recommendation
The Sanitation Division team should request Waste Connections to adequately document
its recycling activities on customer invoices to ensure that recycling activities are clearly
reflected.The Sanitation Division team should review invoices,supporting documentation,
and the Contamination Audit to ensure that all exemptions are valid and accurate.
Waste Connections of Florida Response
The Report's third finding questions $6,066,253.16 in revenue that Waste Connections
correctly classified as exempt from franchise fees.The Report states that "the auditor was
unable to identify any section in the State Statute,the City Code,or the Agreement that
explicitly states that recycling is exempt"suggesting our position is based merely on
"common industry practice."This conclusion is incorrect and overlooks controlling Florida
law,the City's Code (Section 90-221 ),and the City's Franchise Agreement with Waste
Connections.In relevant part,the City's definition of "Gross Receipts"in both instances is
not inclusive of recycling revenue,only that from Solid Waste,as that term is defined in
Chapter 90.
The exemption for revenue derived from the collection of "recovered materials"(i.e.,
recycling)is not a matter of practice but of state preemption.Waste Connections operates
as a certified recovered materials dealer,and as such,our recycling operations are
governed by Florida Statute §403.7046.This statute expressly limits the fees a local
government may impose on such activities.Specifically,Florida Statute §403.7046(2)(b)
provides that a municipality may only charge a recovered materials dealer a "registration
fee commensurate with and no greater than the cost incurred by the local government in
operating its registration program."
By creating this specific and limited fee structure,the Florida Legislature has preempted
municipalities from levying other,revenue generating fees such as the City's 20%
franchise fee on recycling revenue.Imposing the franchise fee on our recycling operations
would be a direct violation of state law.Therefore,our classification of this revenue as
exempt is legally required.We will,however,work with the Sanitation Division to enhance
our customer invoices to more clearly substantiate all exempt recycling activities and
ensure our documentation practices fully align with Section 11 of the Agreement.
The items the OIG notes in no way "imply"underreported revenues.Waste Connections
meticulously categorizes the waste streams it hauls and properly delivers the materials it
hauls to the appropriate post-collection facility.
This appears to be a new position for the City.In the over 20 years that Waste Connections
and its predecessor companies have been providing commercial services in the City,the
City has never taken this position.
The Company will address the Contamination Reports and how they relate to Finding #3
in the discussion below of Finding #4.
OIG Reply
Given the City's longstanding practice of not taxing recycling receipts,there is no dispute
raised in this audit about the taxability of recycling income.However,the volume of
recycled material and the amount of recycling income both need to be adequately
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identified in the contractor's financial system.This provides adequate evidence of the
amounts considered to be excluded from reported waste collection income.In this
instance,the OIG feels the customer's financial system did not adequately identify
recycling income by volume,dollar amount,and customer,as evidenced by the company's
invoices.
Sanitation Division Response
The Sanitation Division met with Waste Connections Mgmt.team on 12/18/2025 and
discussed with them to clearly reflect on their invoices items which are solid waste
materials and recycling materials.Waste Connections has agreed to do the changes as
discussed in meeting.
Implementation Date
June 30,2026
4.NON-COMPLIANT CONTAMINATION AUDITS
A Contamination Audit is required to be performed by the contractor to measure the
amount of unrecyclable waste that is contained in the overall amounts of recycled material
collected by the franchisee.The auditor requested the 2022,2023,and 2024
Contamination Audits for its review and to determine if they are in compliance with the
Service Agreement.
Condition
The Franchisee provided the auditor with emails referencing the submission of the 2022
and 2023 Contamination Audits to the Sanitation Department;however,the 2024 email
was not included.Although the emails indicated that Excel files were attached,none of
the emails actually contained the referenced spreadsheets.As a result,the auditor
requested that Waste Connections submit the Contamination Audits for 2022,2023,and
2024.
The Franchisee submitted three Excel spreadsheets,claiming they represented the
required Contamination Audits per the service agreement.The spreadsheets lack
signatures and supporting documentation,and do not quantify contamination rates,
thereby failing to comply with the requirements outlined in Exhibit A #15 of the Service
Agreement.Furthermore,the auditor was unable to verify whether the contractor issued
notices to customers with excessive contamination rates.The list of non-compliant
accounts was not sent to the City,nor provided to the auditor for evaluation.
Criteria
Exhibit A #15 of the Service Agreement states,"Each Contractor shall carry out a waste
contamination audit ("Contamination Audit")once a year for their recycling accounts,using
vehicles designated only for collection within the limits of the City of Miami Beach.Each
Contamination Audit shall quantify the amount of recycling generated,as well as
contamination rates.Each contractor shall provide written notices to customers that have
excess amounts of contamination and provide a list of non-compliant accounts to the City
on a monthly basis."
Cause
The Sanitation Division team does not have a formalized process to review the
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Contamination Audits to ensure compliance with the terms of the agreement.
Effect
The absence of complete and verifiable Contamination Audit reports impairs the City's
ability to monitor contractor compliance and enforce recycling standards.Since recycling
services do not generate franchise fees,failure to identify and address contamination may
undermine the Sanitation Department's financial integrity.
Recommendation
The Sanitation Division should implement a formal review and validation process for
annual Contamination Audits submitted by contractors.This process should include
verifying that audits meet all contractual requirements such as quantifying contamination
rates,including supporting documentation,and listing non-compliant accounts.
Waste Connections of Florida Response
The fourth finding asserts that the annual Contamination Audits submitted for 2022,2023,
and 2024 were non-compliant with the requirements of Exhibit A #15 of the Service
Agreement.The Report notes the submissions lacked signatures,supporting
documentation,and quantification of contamination rates.The OIG should note there is
no prescribed form and the reports have been accepted as submitted for many years.
Further the submitted reports do,in fact include contamination rates by way of the
identification of "residual"percentages.
Waste Connections submitted these reports with the understanding that they met the
City's expectations,particularly as the Report itself notes that the "Sanitation Division does
not have a formalized review process to verify the completeness and accuracy"of such
submissions.The lack of a defined reporting standard or feedback on the submitted form
from the City contributed to this issue.This is not a "formal audit"in the traditional financial
sense of that term.This cannot in any way be compared to a GAAP financial audit.The
measurement of recycling is very different and without analogy to a financial audit.The
City must establish the standard and methodology.
To remedy this,Waste Connections is fully committed to providing reports that meet all
contractual standards.We will work directly with the Sanitation Division to agree upon a
formal template and a clear set of requirements for all future Contamination Audit
submissions.Further,we will immediately implement a process to provide the City with
documentation of any written notices to customers with excessive contamination and the
required monthly list of non-compliant accounts,if any,as provided for in Exhibit A#15.
OIG Reply
The Contamination Audit is a valuable source for evaluating the reasonableness of the
recycling amounts excluded by the contractor each reporting period.The contamination
audit should include the annual volume of contaminated recyclable materials received,
compared to the overall volume of recycled materials collected,as well as other
compliance requirements stated above related to recycling waste contamination by
customers.In this instance,the OIG has determined that the data provided by the
contractor was not in compliance with the existing agreement between the City and the
contractor.
Sanitation Division Response
We agree with the audit recommendations provided by the OIG.The Sanitation Division
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will ensure that waste haulers will provide the annual contamination audit report.The
Sanitation department is in discussions with the Finance and Legal Departments to
address situations where recycling loads are contaminated with trash,and what additional
charges or fees may apply in those situations.
Implementation Date
June 30,2026
OIG Final Remarks:
Throughout the audit,OIG communicated regularly with the contractor and repeatedly
suggested a meeting to discuss the findings.Waste Connections declined to meet with the OIG.
The interests of both the auditee and the City would be better served by a more cooperative
attitude on the part of the auditee.
/2/94bys
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Date
cc:Eric Carpenter,City Manager
John Norris,Public Works Director
David Martinez,Assistant City Manager
Jason Greene,Chief Financial Officer
Ryan Dudley,Waste Connections District Controller
OFFICE OF THE INSPECTOR GENERAL,City of Miami Beach
1130 Washington Avenue,6"Floor,Miami Beach,FL 33139
Tel:305.673.7020 •Fax:305.675.0420 •Hotline:786.897.1111
Email:CityofMiamiBeachOIG@miamibeachfl.gov
Website:www.mbinspectorgeneral.com
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