05/01/2009 Audit h
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AUDIT REPORT OF MONROE COUNTY •
BETWEEN THE COUNTY AND
VANGUARD CAR RENTAL USA, INC. FOR
OFFSITE CAR RENTAL FEES DUE TO
THE KEY WEST INTERNATIONAL
AIRPORT
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May 1; 2009
GOUNTy 14
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Prepared by:
Internal Audit Department
Clerk of the Circuit Court
Danny L. Kolhage, Clerk
Monroe County, Florida
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AUDIT REPORT OF MONROE COUNTY
BETWEEN THE COUNTY AND VANGUARD CAR
RENTAL USA, INC. FOR OFFSITE CAR RENTAL
FEES DUE TO THE KEY WEST
INTERNATIONAL AIRPORT
r TABLE OF CONTENTS
Page
I. OBJECTIVES AND SCOPE 1
II. METHODOLOGY 1-2
III. BACKGROUND INFORMATION 2
IV. AUDIT CONCLUSIONS 3
V. AUDIT FINDINGS
1. The Alamo branch excluded certain charges from the formula used to calculate the
( amount due to KWIA. 4-5
2. The National branch excluded charges from the formula used to calculate the
amount due to KWIA. 6-7
3. Internal Audit was unable to verify completeness of the information Vanguard Car
Rental USA, Inc. provided. 8-9
4. The County should amend Resolution No. 109-2008. 10
VI. SUMMARY 11
VII. EXHIBITS
A. Resolution No. 109-2008
B. Dept. of Revenue, Imposition and Payment of the surcharge
C. Estimated Underpayment
VIII. AUDITEE RESPONSES— Vanguard Car Rental USA, Inc.
IX. AUDITEE RESPONSES—County Administrator's
AUDIT REPORT OF MONROE COUNTY
BETWEEN THE COUNTY AND VANGUARD CAR
RENTAL USA, INC. FOR OFFSITE CAR RENTAL
FEES DUE TO THE KEY WEST
INTERNATIONAL AIRPORT
I. OBJECTIVES AND SCOPE
At the request of the Monroe County Clerk of the Circuit Court, the Internal Audit Department
has completed an audit between the County and Vanguard Car Rental USA, Inc. Resolution
No. 109-2008, by the Board of County Commissioners of Monroe County, Florida,provides for
a Ground Transportation System for the Key West International Airport (KWIA). Exhibit A— -
Resolution No. 109-2008. The audit objectives were to assess adherence to Resolution No. 109-
2008 Section 4 Permitting and fees, sub-section c) Courtesy vehicles 2(ii).
II. METHODOLOGY
A. We interviewed the following personnel to obtain information about the Resolution and
Vanguard Car Rental USA, Inc.
1. Peter Horton,Director of Airports
2. Bevette Moore,Airport Business Office Manager
3. The Clerk's Finance Department personnel
•4. Pedro Mercado,Assistant County Attorney
5. Hector Guerrero, Operations Manager,Alamo and National
6. Mindy Molhoek,Vanguard Car Rental USA, Inc. Airport Accounting.
B. Internal Audit Department examined the following documents:
1. Resolution No. 109-2008, dated April 16,2008. Exhibit A—Resolution No. 109-2008.
2. Vanguard Car Rental USA, Inc.'s rental agreements, invoices, and general ledger for their
Alamo and National branches for the following time period:
a. January 2007
b. April2007
c. December 2007
d. February 2008
e. May 2008
3. Vanguard Car Rental USA, Inc.'s payments and supporting documentation for the sampled
months for both Alamo and National.
4. Vanguard Car Rental USA, Inc.'s "Revenue Account Definitions".
5. Monroe County's Cash Receipts Reports for 2007 and 2008.
6. Florida Department of Revenue, Rule 12A-16.002 Imposition and Payment of the
Surcharge. Exhibit B—Dept. of Revenue, Imposition and Payment of the Surcharge.
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C. Internal Audit reviewed Resolution 109-2008 to ensure that the offsite car rental fees paid by
Vanguard Car Rental USA, Inc. to the Key West International Airport were calculated as
outlined in the Resolution.
III. BACKGROUND INFORMATION
This audit is based on the definition of gross revenues and offsite permitting fees for car rental
agencies as outlined in the Resolution. The scope of the audit was to verify that Vanguard Car
Rental USA, Inc. is properly calculating the fees due to the Key West Airport for visitors that flew
into Key West and rented a car from Vanguard Car Rental USA, Inc.
Vanguard Car Rental USA, Inc operates two (2) of the three (3) offsite car rental agencies from
which visitors flying into Key West can rent cars. These two (2) companies or branches are Alamo
and National car rental. Internal Audit took a judgmental sample of five (5) months to verify
whether the offsite car rental fees, being paid by Vanguard Car Rental USA, Inc. met the
Resolution's definition and the County's intent.
Vanguard Car Rental USA, Inc. is supposed to pay the Key West Airport eight percent (8%) of the
money collected from car rentals to customers that flew into the Key West Airport. If the customer
did not fly into the airport, Vanguard Car Rental USA, Inc.'s Alamo branch rental agreements state
that "By signing the contract below I affirm I did not arrive at the airport within the past 24 hours"
and they have the customer sign below this. According to Vanguard Car Rental USA, Inc.'s
National branch, they charge the eight percent (8%) airport fee on all rentals.
Internal Audit recalculated each of the sampled rental agreements and identified which of the
charges were excluded from the eight percent (8%) airport fee calculation. We then compared the
excluded charges to the Resolution to identify which of the charges were incorrectly excluded.
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IV. AUDIT CONCLUSIONS
1. The Alamo branch excluded certain charges from the formula used to calculate the amount due
to KWIA. The effect of excluding these charges from the KWIA monthly-fee calculation
resulted in a total underpayment of $5,204.34 by Vanguard Car Rental USA, Inc.'s Alamo
branch for the five (5) sampled months.
2. The National branch excluded certain charges from the formula used to calculate the amount
due to KWIA. The effect of excluding these charges from the KWIA monthly fee calculation
resulted in a total underpayment of $1,491.64 by Vanguard Car Rental USA, Inc.'s National
branch for the five (5) sampled months.
3. Internal Audit was unable to verify the completeness of the information Vanguard Car Rental
USA, Inc. provided.
4. The County should amend Resolution No. 109-2008 to include various charges in the definition
of gross revenue.
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V. AUDIT FINDINGS
1. The Alamo branch excluded certain charges from the formula used to calculate the amount due to
KWIA.
Finding:
According to Resolution No. 109-2008, Section 2 Definitions, sub-section h) "Gross revenues mean
the total charges for time, mileage and personal accident insurance, received or receivable, whether
- by cash or credit, before any federal, state or local tax and after any discount specifically shown on
the car rental agreement for the rental of all motor vehicles by the operator to customers picked up
at the airport for and in connection with the rental of a motor vehicle regardless of where the
payment is made or where the vehicle is returned." Exhibit A-Resolution No. 109-2008.
Internal Audit discovered that Vanguard Car Rental USA, Inc.'s Alamo branch has excluded the
following charges from the monthly airport fee calculation.
• 216300 - State Surcharge 300170 -Roadside Service Plan
• 274210 - Carbon Fee 300200 - Fuel Service Option
• 300120 -Extended Protection 300205 - Fuel Recharge
• 300140 - Carefree Insurance 300630 -Roadside Service Fees
• 300150 -Protection Plus 515011 -Vehicle Registration Recoup
Internal Audit's interpretation of the intent of Resolution No. 109-2008,is.that these charges should
be included in the monthly airport fee calculation.
Account Calculated
number/Name Jan 07 April 07 Dec 07 Feb 08 May 08 (8%)
216.300 -State $3,646.84 $3,657.20 $3,128.98 $4,031.92 $3,016.56 $1,398.52
Surcharge
274210-Carbon Fee 0.00 0.00 0.00 3.75 1.25 0.40
300120 - Extended 1,928.02 3,852.47 1,681.46 889.98 2,787.00 891.11
Protection
300140-Carefree 333.90 437.25 461.54 222.80 716.26 173.74
Insurance
300150 -Protection 3,649.29 2,869.83 1,381.77 1,062.90 460.59 753.95
Plus
300170 -Roadside 14.97 728.54 404.19 843.31 648.70 211.18
Service Plan
300200 - Fuel Service 1,387.41 2,462.31 2,236.50 2,713.49 2,775.97 926.05
Option
300205-Fuel 1,229.79 1,771.88 1,164.72 1,262.67 1,058.49 519.00
Recharge
300630 -Roadside Service Fees 48.00 48.00 0.00 250.00 48.00 31.52
515011 -Vehicle 700.44 708.24 712.54 927.36 687.24 298.87
Registration Recoup
Total amount excluded for the 5 sampled months @ 8% $5,204.34
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The effect of excluding these charges from the sampled month's fee calculation is a $5,204.34
underpayment by Vanguard Car Rental USA, Inc.'s Alamo branch for the five (5) sampled months.
(Please refer to the summary section on page 11.)
Recommendation(s):
1. Vanguard Car Rental USA, Inc.'s Alamo branch should include these charges in the monthly
airport fee calculation.
Response(s):
Vanguard Car Rental USA, Inc.:
1. I disagree with this finding. Section 2 (Definitions), Sub-section (h) (Gross Revenues) of
Resolution 109-2008 clearly states, as you have noted, the definition of Gross Revenues as:
"...total charges for time, mileage and personal accident insurance, received or receivable, whether by cash or credit,
before any federal, state or local tax and after any discount specifically shown on the car rental agreement for the rental
of all motor vehicles by the operator to customers picked up at the airport for and in connection with the rental of a
motor vehicle regardless of where the payment is made or where the vehicle is returned"
As you can see, time and mileage (T&M) and personal accident insurance (PAI), net of taxes and
allowed discounts, are the only gross revenue items to be included in the calculation of the 8% fee.
The additional 10 accounts you have listed are clearly not applicable to the 8% fee. Therefore,
Vanguard has correctly remitted to KWIA.
County Administrator's:
1. Working with legal staff, the airport will put Alamo on notice that they have been excluding
certain charges from their monthly airport fee calculation, and we will demand from them
$19,391.02, the amount of underpayment for the calendar years 2007 and 2008 as estimated in
Exhibit C.
Auditor's Comment:
1. Regarding Vanguard Car Rental USA, Inc.'s disagreement of the definition of gross revenue,
Section 2 (Definitions), sub-section (h) (Gross Revenues) of Resolution 109-2008, it is our
recommendation that Vanguard Car Rental USA, Inc. consult with the County Attorney concerning
a possible agreement on this issue.
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2. The National branch excluded charges from the formula used to calculate the amount due to
KWIA.
Finding:
According to Resolution No. 109-2008, Section 2 Definitions, sub-section h) "Gross revenues mean
the total charges for time, mileage and personal accident insurance, received or receivable, whether
by cash or credit, before any federal, state or local tax and after any discount specifically shown on
the car rental agreement for the rental of all motor vehicles by the operator to customers picked up
at the airport for and in connection with the rental of a motor vehicle regardless of where the
payment is made or where the vehicle is returned." Exhibit A-Resolution No. 109-2008.
_, Internal Audit discovered that Vanguard Car Rental USA, Inc.'s National branch has excluded the
following charges from the monthly airport fee calculation.
• 216300 - State Surcharge 300150-Protection Plus
■ 274210-Carbon Fee 300170-Roadside Service Plan
■ 300110-Personal Accident Insurance 300200-Fuel Service Option
■ 300120 - Extended Protection 300205 - Fuel Recharge
■ 300140-Carefree Insurance 515011 -Vehicle Registration Recoup
Internal Audit's interpretation of the intent of Resolution No. 109-2008,is that these charges should
be included in the monthly airport fee calculation.
Account Calculated
_ Number/Name Jan 07 April 07 Dec 07 Feb 08. May 08 (8%)
216300 -State $1,529.79 $1,863.45 $967.58 $2,666.40 $1,619.45 $691.73
Surcharge
274210-Carbon Fee 0.00 0.00 0.00 2.50 3.75 0.50
300110-Personal 0.00 0.00 28.00 11.98 5.99 3.68
Accident Insurance
300120 -Extended 293.77 115.53 64.75 490.57 320.18 102.78
Protection
300140-Carefree 0.00 0.00 0.00 0.00 111.30 8.90
Insurance
300150-Protection 0.00 0.00 35.43 248.01 141.72 34.01
Plus
300170-Roadside 0.00 19.96 99.80 199.60 254.49 45.91
Service Plan
300200-Fuel Service 334.70 529.17 462.14 1,211.21 933.17 277.63
Option
300205-Fuel 436.73 469.34 299.65 555.43 405.32 173.32
-7 Recharge
515011 -Vehicle 295.23 355.29 226.32 648.14 389.62 153.17
Registration Recoup
Total amount excluded for the 5 sampled months @ 8% $1,491.64
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The effect of excluding these charges from the sampled month's fee calculation totals is a $1,491.64
underpayment by Vanguard Car Rental. USA, Inc.'s National branch for the five (5) sampled
months. (Please refer to the summary section on page 11.)
Recommendation(s):
1. Vanguard Car Rental USA, Inc.'s National branch should include these charges in the monthly
airport fee calculation.
Response(s):
Vanguard Car Rental USA, Inc.:
1. I disagree with this finding. Due to operating under the same resolution, the response for
National is the same as that for Alamo in Audit Conclusion/Finding#1, above.
County Administrator's:
1. Working with legal staff, the airport will put National on notice that they have been excluding
certain charges from their monthly airport fee calculation, and we will demand from them$5,332.30,
the amount of underpayment for the calendar years 2007 and 2008 as estimated in Exhibit C.
Auditor's Comment:
1. Regarding Vanguard Car Rental USA, Inc.'s disagreement of the definition of gross revenue,
Section 2 (Definitions), sub-section (h) (Gross Revenues) of Resolution 109-2008, it is our
recommendation that Vanguard Car Rental USA, Inc. consult with the County Attorney concerning
a possible agreement on this issue.
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^li 3. Internal Audit was unable to verify the completeness of the information Vanguard Car Rental
USA, Inc. provided.
Finding:
For the sampled months, Vanguard Car Rental USA, Inc.'s home office informed Internal Audit
that the branch offices were responsible for reconciliations of rental agreement numbers. Internal
Audit spoke with Vanguard Car Rental USA, Inc.'s branch office in Key West and they said that
they weren't able to account for rental agreement numbers. They couldn't reconcile the rental
agreement numbers since the numbering system is shared with branch offices throughout Florida.
Vanguard Car Rental USA, Inc.'s branch office has manual rental agreements that are pre-numbered
and that they can track, but they are only used in emergencies. These manual rental agreements are
then entered into the system and anew electronically created rental agreement number is assigned to
it.
Internal Audit was unable to confirm that we reviewed all of the rental agreements that occurred
within the sampled months and therefore we are unable to accurately estimate the impact on the
airport fee due to KWIA.
Recommendation(s):
1. The Board of County Commissioners should amend Resolution No. 109-2008 and any
agreements to require that rental car vendors prepare and maintain a complete listing of monthly
rental agreements.
Response(s):
Vanguard Car Rental USA, Inc.:
1. I disagree with this finding. As previously explained, Vanguard's rental agreement numbers are
assigned on a regional basis and a "series" of numbers are not specific to a certain location. I am
not aware of any additional questions or testing performed during the audit to obtain comfort as to
the completeness of the rental agreements.
County Administrator's:
1. Working with legal staff, the airport will present to the Board of County Commissioners for their
approval, an amended Resolution No. 109-2008, requiring that rental car vendors prepare and
maintain a complete listing of monthly rental agreements. Any other future rental car agreements
will contain the same requirement.
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Auditor's Comment:
1. Upon examination of Vanguard Car Rental USA, Inc.'s records Internal Audit was unable to
confirm that we reviewed all rental agreements that occurred within the sampled months. Internal
Audit made several attempts to receive either a complete listing of rental agreement numbers issued
for the Key West branch during the sampled months or a month end reconciliation of outstanding
rental agreement numbers. Neither of these were made available to Internal Audit.
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4. The County should amend Resolution No. 109-2008.
Finding:
According to Resolution No. 109-2008, Section 2 Definitions, sub-section h) "Gross revenues mean
the total charges for time, mileage and personal accident insurance, received or receivable, whether
by cash or credit, before any federal, state or local tax and after any discount specifically shown on
the car rental agreement for the rental of all motor vehicles by the operator to customers picked up
at the airport for and in connection with the rental of a motor vehicle regardless of where the
payment is made or where the vehicle is returned." Exhibit A—Resolution No. 109-2008.
In communications with the County Attorney's office, in regards to which insurances should be
included in the definition of gross revenue, they feel the County needs to amend the resolution and
our agreements at the earliest opportunity to include all of the insurances under the definition of
gross revenue.
Internal Audit did not include Alamo's or National's charges for account number 300030 - Collision
Damage Waiver and account number 300100 - Collision Damage Waiver fees in the airport fee
calculation.
Recommendation(s):
1. The Board of County Commissioners should amend Resolution No. 109-2008 and any
agreements to include all insurances and fees in the definition of"gross revenue".
Response(s):
Vanguard Car Rental USA, Inc.:
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1. As noted in the response to Audit Conclusion/Finding #1, above, the resolution clearly states
the definition of gross revenue that is applicable to the 8% fee. Vanguard has operated under the
definition noted in the current resolution. Therefore, any amendments to the resolution based on
the recommendation of this audit would only apply to operators on a go-forward basis from the
effective date of the resolution.
County Administrator's:
1. Working with legal staff, the airport will present to the Board of CountyCommissioners for their
approval, an amended Resolution No. 109-2008, including all insurance and fees in the definition of
"gross revenue." Any other future rental car agreements will contain the same language.
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VI. SUMMARY
reviewed Internal Audit and the overall results of the audit, we
Based upon the informationby
computed an average underpayment by Vanguard Car Rental USA, Inc. The tables below outline
the net results of the computed average underpayment for the Alamo Key West branch of 121.5%
and 112.3% for the National Key West branch.
ALAMO Branch Net results:
Alamo
Sample
Jan 07 April 07 Dec 07 Feb 08 May 08 Average
Alamo payment $5,109.89 $4,690.88 $4,244.66 $6,852.18 $3,308.21 $4,841.16
Audit findings, net 1.035.09 1,322.86 893.74 976.65 976.00 1.040.87
Internal Audit computed
correct airport fee $6,144.98 $6,013.74 $5,138.40 $7,828.83 $4,284.21 $5,882.03
payment
Percentage Enterprise 120.3% 128.2% 121.1% 114.3% 129.5% 121.5%
Monthly underpayment
NATIONAL Branch Net results:
National
Sample
Jan 07 April 07 Dec 07 Feb 08 May 08 Average
National payment $2,522.40 $2,267.30 $1,918.07 $3,507.28 $1,924.87 $2,427.98
Audit findings, net 231.22 268.22 174.69 482.71 334.80 298.33
- Internal Audit computed
correct airport fee $2,753.62 $2,535.52 $2,092.76 $3,989.99 $2,259.67 $2,726.31
payment
Percentage Enterprise 109.2% 111.8% 109.1% 113.8% 117.4% 112.3%
Monthly underpayment
Internal Audit used the sampled average underpayment and multiplied it against the actual payments
for calendar year 2007 and 2008. This resulted in a $19,391.02 underpayment by Vanguard Car
Rental USA, Inc. for the Alamo Key West branch and a $5,332.30 underpayment by Vanguard Car
Rental USA, Inc. for the National Key West branch. Exhibit C—Estimated Underpayment.
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VII. EXHIBITS
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EXHIBIT A
RESOLUTION NO. 109-2008
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County Attorney
RESOLUTION NO. 109 -2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 157-
j 2000, ATTACHED HERETO, WHICH PROVIDED A GROUND
TRANSPORTATION SYSTEM FOR THE KEY WEST INTERNATIONAL
AIRPORT; AMENDING SECTIONS 1,2,4,6,7,8,9,10 AND 11 TO PROVIDE
NEW REGULATIONS FOR THE STANDING AND PARKING OF
TAXICABS, COURTESY VEHICLES AND OTHER MOTOR VEHICLES
AT THE AIRPORT TERMINALS; ADDING A NEW SECTION 12 TO
PROVIDE FOR AIRPORT DIRECTOR AUTHORITY TO MAKE
ADJUSTMENTS TO THE GROUND TRANSPORTATION PLAN;
PROVIDING FOR A REVISED MAP IN EXHIBIT"A"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2008, the Key West International Airport intends to open a new
Terminal and to change the uses of the existing Terminal; and
WHEREAS, the Airport Director, in consultation with local transportation entities, has
developed a revised plan for the parking, standing and circulation of vehicles at the Airport; and
WHEREAS, the Airport Director intends to implement the new ground transportation
plan to coincide with the opening of the Airport's new Terminal; and
WHEREAS, the County Commission finds that the new ground transportation plan,
embodied in this Resolution, is a fair and well-designed system for the several transportation
entities that serve the Airport;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA THAT:
Section 1. The foregoing recitals are incorporated herein by reference.
Section 2. Definitions.
a)Airport means the Key West International Airport.
b) Airport Director or Director means the County employee charged with
managing the Airport or his designee.
c) Charter bus means a motor vehicle that is operated on a regular scheduled route or is
chartered for a specific prearranged purpose and is designed to transport more than fifteen
persons, including the driver.
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d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel,
motel, resort facility, marina, off-site rental company, or local attraction, without a fee charged
to the passenger and is owned or leased by the hotel, motel, resort facility, marina, off-site
rental company or local attraction.
A courtesy vehicle shall not mean a vehicle owned by a transportation or tour company which
itself is retained by the hotel, motel, resort facility, marina, off-site rental company or local
attraction to perform a courtesy vehicle function.
e) Commercial activity shall mean the exchange, trading, buying, hiring, or selling
of commodities, goods, information, services, or property of any kind, or any revenue
producing activity on the Airport.
f) Contract Vehicle For Hire (CVH) means a vehicle engaged in the transportation of
persons for compensation, rented or hired by prearranged contractual arrangement for specific
passengers on an itinerary list, not capable of carrying more than fifteen passengers, including
the driver. The definition of a CVH shall remain consistent with the definition contained within
the City of Key West Code of Ordinances, as amended.
g) Delivery vehicle means a vehicle delivering goods or services to County
personnel or tenants at the airport.
h) Gross revenues mean the total charges for time, mileage and personal accident
insurance, received or receivable, whether by cash or credit, before any federal, state or local
tax and after any discount specifically shown on the car rental agreement for the rental of all
motor vehicles by the operator to customers picked up at the airport for and in connection with
the rental of a motor vehicle regardless of where the payment is made or where the vehicle is
returned.
i) License Holder shall mean the individual, partnership, LLC or corporation that holds
an occupational license that is properly licensed by the State and County and the City of Key
West if passengers and/or baggage are to be delivered within the city of Key West, for the
provision of transportation services as a Charter Bus, Passenger Vehicle for Hire, Contract
Vehicle for Hire, or Courtesy Vehicle.
j)Motor vehicle or vehicle shall mean any and all motor driven vehicles.
k) Operator means that person actually driving a bus, courtesy vehicle, vehicle for hire,
contract vehicle for hire, or delivery vehicle conducting commercial business at the Airport.
1)Passenger vehicle for hire shall mean a Taxi cab.
m)Person shall mean any individual, partnership,LLC or corporation.
n) Queuing area means that area of the Airport designated as the standing area for
taxicabs. As set forth in Exhibit"A,"the queuing area shall include both the area incorporating
allotted spaces 1-11 and the area incorporating allotted spaces 12-17.
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o) Permit decal shall mean a decal that is affixed to a License Holder's vehicle showing
evidence that the License Holder is in compliance with all State, County and City of Key West
(if applicable)regulations, and has paid the appropriate fees.
p) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by
mere physical presence, if a potential customer desires transportation.
q) Standing (or stand) shall mean temporary parking during which the driver remains
with the vehicle.
r) The owner of a beneficial interest means an individual, corporation, LLC or
partnership that does not have title to a vehicle but has a right or rights in the vehicle that are
normally considered an incident of ownership.
Section 3.Exhibits. Exhibit A is a map depicting the various parking and standing areas
at the Airport.Exhibit B contains the insurance requirements for the types of vehicles operating
at the Airport under the terms of this Resolution. Exhibits A and B are attached to this
Resolution and made part of it.
Section 4. Permitting;and fees.
a) A License Holder wishing to obtain an Airport Vehicle Permit or permit renewal
must complete an Airport Vehicle Permit application form for their appropriate service which
provides evidence that the applicant is in compliance with State, County and City laws,
ordinances and resolutions that apply to the applicant's operation; provide proof of the
insurance for each vehicle required by this Resolution; and pay the fee described in the
following subsections. However, no City permit or license is required for license holders who
deliver passengers and/or baggage to destinations outside the City of Key West. The applicant
must disclose on the application form the ownership of the vehicle for which the permit is
sought. If the legal owner and the owner of a beneficial interest in the vehicle are different
individuals, corporations, LLCs or partnerships, the applicant must list the legal owner(s) and
the owner(s) of any beneficial interests. An owner that is a privately held corporation or LLC
must list the officers and directors; an owner that is a partnership must list the general
partner(s); an owner who is an individual must disclose his or her legal name; an applicant
doing business as(d.b.a.)must disclose the entity that is using the d.b.a.name.
b) Airport permits shall be issued on a month to month basis. However, permits may be
issued on a one, two or three month basis, payable in advance, providing that all insurance
requirements are in effect for the period of time involved.
c)Courtesy vehicles
(1) Courtesy vehicle operators who wish to stop, stand, park, load, or pick up
passengers at the Airport must possess an Airport Courtesy Vehicle permit from the Airport
Director for that privilege.
(2)The courtesy vehicle permit fees are:
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(i) Except for off-site rental car courtesy vehicles, $400.00 per month per
vehicle due the first of each month. If the permit fee is not paid by the fifth day of each month or
if the vehicle fails to comply with any other applicable requirement of this Resolution, then the
offending vehicle shall not provide any service at the airport until the permit fee has been paid
and, if applicable, any other violation of this Resolution has been corrected.
(ii) Off-site rental car courtesy vehicles, any number, shall pay a vehicle
permit fee based on a percentage of annual gross revenues at a rate of 8% for all rental contracts
generated from customers picked up at the airport.
(iii)The courtesy vehicle permit decal must be affixed to the vehicle in the
right rear window. Expired permit decals will be removed from the vehicle.
d) Charter buses
(1) Charter bus operators who wish to stop, stand, park, load, or pick up
passengers at the Airport must possess an Airport Charter Bus permit from the Airport Director
for that privilege.
(2) The charter bus permit fees are$200.00 per vehicle per month due the first of
each month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to
comply with any other applicable requirement of this Resolution, then the offending vehicle shall
not provide any service at the airport until the permit fee has been paid and, if applicable, any
other violation of this resolution has been corrected.
(3) The charter bus permit decal must be affixed to the vehicle in the right rear
window. Expired permit decals will be removed from the vehicle.
e)Passenger Vehicles For Hire and Contract Vehicles For Hire.
(1)Passenger vehicle for hire and contract vehicle for hire operators who wish to
stop, stand, park, load and pick up passengers at the Airport must possess an Airport Vehicle for
Hire permit from the Airport Director.
i (2)Passenger vehicle for hire and contract vehicle for hire permit fees are$200.00
per vehicle per month due the first of each month. If the permit fee is not paid by the fifth day of
each month or if the vehicle fails to comply with any other applicable requirement of this
Resolution, then the offending vehicle shall not provide any service at the Airport until the
permit fee has been paid and, if applicable, any other violation of this Resolution has been
corrected.
(3) The Passenger Vehicle for Hire permit decal or Contract Vehicle for Hire
permit decal must be affixed to the vehicle in the right rear window. Expired permit decals will
be removed from the vehicle.
(f) Temporary permits may be issued on a daily basis at a cost of$10.00 per day per
vehicle. An applicant for a temporary permit must fill out the appropriate permit form required
by the Airport Director; which provides evidence that the applicant is in compliance with State,
County and City laws, ordinances and resolutions that apply to the applicant's operation;provide
4
proof of the insurance required by this Resolution; and pay the fee described. A vehicle is only
eligible for a temporary permit for eight days per calendar year. Any vehicle furnishing: Airport
service in excess of eight days per calendar year must have a monthly permit as appropriate to
the airport service provided by the vehicle. The vehicle will not be eligible fora temporary
permit again until the beginning of the next calendar year.
Section 5. Unpermitted operators. The operators of vehicles for hire, contract vehicles
for hire, courtesy vehicles and chartered buses without an Airport permit may unload passengers
at the Airport area designated for general unloading. Unpermitted operators are prohibited from
loading, picking up,or soliciting passengers anywhere at the Airport.
Section 6. Parking and standing of vehicles.
a) General. Members of the public may load, pickup and unload passengers at the
Airport only in areas reserved for general loading and unloading as shown on
Exhibit A. Anyone may use the general loading and unloading area to unload
passengers.
b)Designated parking areas.
(1) Exhibit "A" describes different areas on the Airport grounds for the
parking and standing of vehicles. In addition to the public parking lot, there shall be seven
spaces allotted to the public; 16 spaces allotted to taxicabs (in two separate queuing areas); and
nine spaces allotted to a combination of courtesy vehicles, CVH vehicles, limousines, and other
vehicles with intermittent use of the Airport transportation system (e.g. sightseeing vehicles and
trolleys). The Airport Director shall authorize an area for use by commercial delivery vehicles
and Charter Buses.
(2) A taxicab that is not a CVH, but whose driver has a manifest for a
particular pickup may park or stand in the area allotted to the public. A driver of a taxicab
bearing a manifest shall be subject to the rules governing courtesy vehicle operators set forth in
sections 7 b) and c). In such instance, a manifest may be in the form of a sign with the
passenger's name on it.
Section 7. Courtesy vehicle operations.
--
a) Operators of courtesy vehicles shall use the parking areas designated for courtesy
vehicles as shown on Exhibit "A". Except as provided herein, the use of the area reserved for
courtesy vehicles by anyone other than a courtesy vehicle is prohibited.
b) Operators of courtesy vehicles may enter the terminal arrivals area to meet their
passengers. These operators shall display signs identifying themselves or identifying the
passengers they are seeking.
c) Operators of courtesy vehicles or their agents, employees, or accompanying personnel
or other person, shall not solicit business in any manner whatsoever anywhere at the Airport and
shall not accept for transport any individual without a reservation or a reservation request at the
hotel, motel, resort facility or car rental agency for which the courtesy vehicle provides
5
transportation. Upon request of the Airport Director, or his designee, the operator of a courtesy
vehicle, or accompanying personnel, shall furnish the Director or his designee with the names of
its customers as may be necessary to determine compliance with this subsection.
d) Courtesy vehicles shall display the name of the hotel, motel, resort facility,
marina, off-site rental company, or local attraction, and their logo. The display shall be
permanently affixed to the vehicle in a professional business graphic design.
Section 8.Charter Bus and delivery vehicle operations.
a)Only the operators of buses or delivery vehicles may stop, stand, park, load,unload or
pick up passengers at the Airport areas reserved for buses or delivery vehicles. The use of the
area reserved for buses or delivery vehicles by anyone other than bus or delivery vehicle
operators is prohibited.
b) Operators of Charter Buses or their agents, employees, accompanying personnel or
other person shall not solicit business in any manner whatsoever anywhere at the Airport and
shall not accept for transport any individual without a reservation. Upon request of the Airport
Director, or his designee, the operator of a Charter Bus, or accompanying personnel, shall
furnish the Director or designee with the names of its customers as may be necessary to
determine compliance with this subsection.
Section 9. Contract vehicles for hire, trolleys, sightseeing vehicles and limousine
operations.
a) In waiting for, and in loading of passengers and luggage, contract vehicles for
hire, trolleys, sightseeing vehicles and limousine operators shall use the courtesy vehicle area as
specified in Section 7 above.
b) Contract vehicles for hire, trolleys, sightseeing vehicles, and limousine operators and
or their agents, employees, accompanying personnel or other person may enter the terminal
arrivals area to meet their passengers. They shall display signs identifying themselves or
identifying the passengers they are seeking.
c) These operators shall not at any time solicit customers in the terminal area, shall not
have a taximeter installed or engage in any transportation "on demand".
Section 10. Taxicab operations. The following shall constitute the standards governing
the conduct of operations for taxicabs operating at the Airport:
a) The Airport Director shall establish a first-in, first-out system for taxicabs (passenger
vehicles for hire). There shall be two waiting areas outside the arrivals terminal, together known
as the Queuing Area, designated exclusively for taxicabs. The Queuing Area is specifically
described in Exhibit"A." All drivers in line in Queuing Area spaces 1 through 11 (as shown on
exhibit A) shall remain with their vehicles unless the driver is actively engaged in assisting a
passenger. If a driver leaves his or her vehicle for any reason at the time a fare is available, then
the driver forfeits his or her right to the fare. A driver in line in Queuing area spaces 12 through
17 may leave his or her vehicle only in order to use the bathroom or attend to an emergency.
6
,_i
b) When the first driver in line in the Queuing Area obtains a fare, the next drivers shall
move up to the preceding spots. Jumping the waiting line or taking fares out of turn is not
allowed.
c)If a driver loads a fare and seeks additional fares, the driver must move to the last
available space in the Queuing Area.
d) A driver may not refuse a fare. Selective screening of potential passengers is not
allowed.
e)Taxicabs picking up lost baggage by previous arrangement with an airline may
park in the area in Exhibit "A" allotted to the public. In this circumstance, no soliciting or
acceptance of other fares is allowed.
f) If a group request for transportation to the first driver in line exceeds the capability
of that vehicle, the request shall be referred to the next driver in line that can accommodate
the group, or the group may be broken into smaller groups with the permission of the
passengers.
g) There shall be no shouting to or soliciting of passengers inside the terminal
buildings.
h)No obscene language or rowdy or boisterous behavior by drivers shall be allowed.
i) When unloading passengers, a driver shall park the vehicles at the curb. No double
parking shall be allowed.
j) No double parking is allowed for cabs waiting to move into a taxicab parking spot.-
-
k)If a driver discovers or witnesses an alleged or suspected rule violation, he or she shall
forward it to Airport Security in written form within 24 hours.
1) While drivers are expected to make best efforts to police themselves, they are subject
to the direction of any on-site representative of the Monroe County Sheriff's Department.
Section 11. Violations.
a) All operators of vehicles engaged in commercial activity at the Airport shall
comply with this Resolution.
b) First offense for any violation of the Resolution by an operator shall result in a
written warning to the operator. Said warning shall be in the form of a Monroe County Sheriffs
Office field contact. A copy of the warning shall be forwarded to the License Holder of the
vehicle and to the Airport Director for review and archiving.
c) A driver who commits a second offense within a 12 month period shall result in the
offending driver being banned from operating a courtesy vehicle, a passenger vehicle for hire, or
a contract vehicle for hire on Airport property for a period of up to 14 consecutive calendar days.
An operator so banned shall not be allowed to drop off passengers. The ban shall not apply to the
7
operator's use of the airport for the operator's personal travel. The Monroe County Sheriffs
Office shall prepare a report which shall be provided to the Airport Director detailing the date,
time and place of the offense as well as all previous offenses. The Airport Director shall issue
written notification to the offending driver informing the driver that his privilege to operate at the
Airport has been suspended and the effective dates of the suspension. A copy of the written
notification shall be provided to the License Holder of the vehicle by certified mail at the address
provided on the license application.
d) A driver who commits 3 or more offenses within a 12 month period shall be subject to
having his privileges to operate at the airport revoked immediately. The Airport Director shall
issue a written notice to the offending driver informing the offending driver of the immediate
revocation of operating privileges at the Airport. An operator so banned shall not be allowed to
conduct commercial activity of any kind including pick up or drop off of passengers. The ban
shall not apply to the operator's use of the airport for the operator's personal travel. The
offending driver can petition, in the form of a letter, for reinstatement of his privileges to operate
at the Airport upon the expiration of 90 calendar days from the effective date of revocation of
operating privileges. A copy of the written notification shall be provided to the License Holder of
the vehicle by certified mail at the address provided on the license application.
e) The Airport Director may request the Monroe County Sheriffs Office issue a trespass
warning to any driver whose privileges to operate at the Airport has been suspended. Any Driver
who has been issued a trespass warning by the Monroe County Sheriffs Office and returns to the
Airport property during the term of the suspension will be subject to arrest Under F.S. 810.09.
f) A driver cited under subsection c) or d) above may appeal in writing to the Airport
Director within 7 calendar days of the written notification of the penalty. The Airport Director or
his designee shall hold a hearing on the appeal within 7 days (holidays and weekends excluded)
of receipt of the appeal. Any penalty imposed pursuant to subsection c) or d) above shall remain
in force during the pendency of the appeal. All appeals shall be informal in nature and strict rules
of evidence shall not apply.
Section 12. The Airport Director shall have the authority to make adjustments to the
ground transportation system without obtaining an amendment to this Resolution. This authority
is delegated in consideration of the harmonious operation of the Airport. The Airport Director
shall consult with those entities that provide transportation services at the Airport before
implementing changes to the plan. Any such changes shall be in writing and affixed to this
Resolution in the files of the County Clerk.
Section 13. Severability. If any section, subsection, sentence, clause, item, or provision of
this Resolution is held invalid, the remainder of this Resolution shall not be affected by such
invalidity.
Section 14. Inconsistency. All Resolutions or parts of a Resolution in conflict herewith
are hereby repealed to the extent of such conflict.
Section 15. Effective date.
This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b),
Fla. Stat.
8
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 16th day of April, 2008.
Mayor McCoy Yes
Mayor Pro Tem Di Gennaro Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
(Sr3u ; . `
A' 'rl S:T.'4 . L.KOLHAGE, CLERK
B • By:
Clerk Mayo /Chairman
M ReE 6OUN ATTO NEY aca
PR Ep 0 F M: t- rrrl
ISTANT C NTY ATTORNEY r r &s
Date /
9
CAB PARKING(17 Spas) EXHIBIT "A"
I. I COURTESY PARKING(10 Spaces)
hig,:.,,,:r.-.,_:,. CURBSIDE PICKUP(7+)
a .... . BUS&DELIVERY
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10
EXHIBIT B
INSURANCE REOUIREMENTS
The insurance requirements for vehicles providing ground transportation at Key West
International Airport shall be as set forth in this Exhibit. Applicants applying for a permit
discussed in Section 4 of this Resolution must provide proof of insurance at least once every six
(6) months or as requested by Airport Management. This proof of insurance should be in a form
of a Certificate of Insurance issued by a licensed agent for the State of Florida. This certificate
should be an original. In the description of operations section, it should clearly state that this is a
public livery policy where the insured charges a fee. If the vehicle were a courtesy vehicle, this
would not apply. Additionally, at least once per year, applicants will be required to execute the
"Indemnification and Hold Harmless" form contained in this Exhibit.
Insurance requirements for all vehicles providing service at the airport shall be as described in
Exhibit B-1.
II
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EXHIBIT B-I
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
* Owned,Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements
Administration Instruction VL2
12
CLERK'S CERTIFICATE OF POSTING
I DANNY L. KOLHAGE, Clerk of the Circuit Court in and for Monroe County, State of
Florida,DO HEREBY CERTIFY that Resolution No. 109 -2008 amending Resolution No. 157-
2000, which provided a ground transportation system for the Key West International Airport;
amending Section 1, 2, 4, 6, 7, 8, 9, 10 and 11 to provide new regulations for the standing and
parking of taxicabs, courtesy vehicles and other motor vehicles and to provide for penalties for
violations of the regulations at the new Airport Terminal; adding a new Section 12 to provide for
Airport Director authority to make adjustments to the ground transportation plan; providing for a
revised map in Exhibit "A" which was passed and adopted by the Board of County
Commissioners of Monroe County, Florida at a regular meeting held on April 16
2008.
That on Z/ , 2008, I did post a copy of said Resolution pursuant to
Section 332.08 (2) (b), Florida Statute by posting for four (4) consecutive weeks a copy at the
front door of the County Courthouse of Monroe County, at Key West, State of Florida, it being
the place where Court is held in said County.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Court, this
2� =oil,; ,A.D., 2008.
k•V.
r i '� l,1: i'• •
DANNY L.KOLHAGE
Clerk of the Circuit Court
Monroe County,Florida
y: L.
Clerk
1 13
EXHIBIT B
DEPT. OF REVENUE, IMPOSITION AND
PAYMENT OF THE SURCHARGE
I-`
Ir�
+I i
��I
-1
_ Rental Car Surcharge.
12A-16.002 Imposition and Payment of the Surcharge.
(1)(a)The lease or rental in Florida of a for hire passenger motor vehicle is subject to a surcharge of$2.00 per day, or any part of
a day,regardless whether the vehicle is licensed in Florida.
(b)Each person engaged in the business of leasing or renting for hire passenger motor vehicles is required to collect the rental car
-- surcharge when the lease or rental payments are to be paid under the terms of the lease or rental agreement.
(2)For the purposes of this rule chapter,the following definitions will apply:
(a)The term"day"means 24 consecutive hours.
(b) The term "for hire passenger motor vehicle" means any automobile designed to carry fewer than nine (9) passengers let or
rented to another for consideration; offered for lease or rent as a means of transportation for compensation; advertised; or generally
held out as being for lease or rent. The term"for hire passenger motor vehicle" does not include any motorcycle,moped,truck,truck
trailer,travel trailer,camping trailer,recreational vehicle with living facilities,or van conversion.
(3)The surcharge applies to each lease or rental of a for hire passenger motor vehicle, specified in the lease or rental agreement,
on the first thirty(30)days the vehicle is continuously leased or rented to one lessee or renter.
(a) If a for hire passenger motor vehicle is leased or rented to one lessee or renter under an agreement for thirty(30) continuous
days or fewer, or for an unspecified continuous duration, the surcharge is due on the lease or rental payments for the first thirty(30)
days of the lease or rental period.
(b) When the terms of a lease or rental agreement authorize the lessee to extend the lease or rental beyond the initial lease term
without executing an additional lease or agreement and without any action on the part of the lessor,the extension period will not be
considered a new lease or rental.
(c) When the terms of a lease or rental agreement require the lessee to execute an additional lease or agreement or require any
action on the part of the lessor,the additional days during the extension period will be considered a new lease or rental.
(4)(a)Motor Vehicle Leased or Rented for Less Than 12 Months.
1. When a for hire passenger motor vehicle is leased or rented in Florida,the lease or rental is subject to the rental car surcharge,
even though the vehicle may be driven to another state or the lease or rental payment may be made outside Florida.
2. When a for hire passenger motor vehicle is leased or rented outside Florida, the lease or rental is not subject to the rental car
surcharge,even though the vehicle may be driven into Florida or the lease or rental payment may be made in Florida.
(b)Motor Vehicle Leased or Rented for 12 Months or Longer.
1. When a for hire passenger motor vehicle is leased or rented in Florida for a term of 12 months or longer, the rental car
surcharge is due.
2. When a for hire passenger motor vehicle is leased or rented outside Florida for a term of 12 months or longer and the vehicle is
registered, licensed, or titled in Florida, it is presumed subject to the rental car surcharge. This presumption may be rebutted only by
documentary evidence that the vehicle was used outside Florida continuously for the first thirty (30) days before being brought into
Florida.
(5)(a)A person engaged in the business of leasing or renting for hire passenger motor vehicles shall not advertise or hold out to
the public in any manner,directly or indirectly, that the dealer will absorb all or any part of the rental car surcharge,relieve the lessee
— or renter of the payment of all or any part of the surcharge, or that, when added to the lease or rental price,the surcharge or any part
thereof will be refunded either directly or indirectly by any method whatsoever.
(b) The amount of the rental car surcharge is required to be separately stated on any charge ticket, invoice, or other tangible
evidence of lease or rental,and will be a debt from the lessee or renter to the dealer until paid.
(c)The rental car surcharge is subject to sales and use tax.
(6) Any person who has leased or rented a for hire passenger motor vehicle and cannot prove that the rental car surcharge has
_ been paid to the lessor or other person will be directly liable to the state for any surcharge,interest,or penalty due on such transaction.
Specific Authority 212.17(6), 212.18(2), 213.06(1)FS. Law Implemented 212.05(1)(c), 212.06(1)(a), 212.0606, 212.07(2), (4), (8)FS. History—New
11-14-89,Amended 7-7-91,5-19-93, 3-20-96, 9-28-04.
rl
EXHIBIT C
ESTIMATED UNDERPAYMENT
f '
I _�
JII
_J
2007 Calendar year - Key West (Alamo)
Jan '07 Feb'07 Mar'07 Apr'07 May'07 June'07 July '07 Aug '07 Sep'07 Oct'07 Nov'07 Dec'07 Total
Alamo payment $5,109.89 5,289.05 $5,445.11 $4,690.88 $2,719.44 $2,810.15 $2,965.31 $2,506.60 $1,479.57 $2,101.75 $3,484.92 $4,244.66 $42,847.33
Interpolated
monthly payment $6,208.52 $6,426.20 $6,615.81 $5,699.42 $3,304.12 $3,414.33 $3,602.85 $3,045.52 $1,797.68 $2,553.63 $4,234.18 $5,157.26 $52,059.51
@ 121.5%
estimated short $1,098.63 $1,137.15 $1,170.70 $1,008.54 $584.68 $604.18 $637.54 $538.92 $318.11 $451.88 $749.26 $912.60 $9,212.18
payment
2008 Calendar year - Key West (Alamo)
Jan '08 Feb'08 Mar'08 Apr'08 May '08 June'08 July '08 Aug '08 Sep'08 Oct'08 Nov'08 Dec'08 Total
Alamo payment $5,423.04 $6,852.18 $5,682.30 $4,488.27 $3,308.21 $3,547.11 $4,438.74 $3,686.10 $1,813.26 $2,355.82 $3,266.70 $2,481.74 $47,343.47
Interpolated
monthly payment $6,588.99 $8,325.40 $6,903.99 $5,453.25 $4,019.48 $4,309.74 $5,393.07 $4,478.61 $2,203.11 $2,862.32 $3,969.04 $3,015.31 $57,522.32
@ 121.5%
estimated short $1,165.95 $1,473.22 $1,221.69 $964.98 $711.27 $762.63 $954.33 $792.51 $389.85 $506.50 $702.34 $533.57 $10,178.85
payment
Alamo'07 estimated short payment $9,212.18
Alamo '08 estimated short payment $10,178.85
Alamo total estimated shortage $19,391.02
- - -
2007 Calendar year - Key West (National)
Jan '07 Feb'07 Mar'07 Apr'07 May '07 June'07 July '07 Aug '07 Sep'07 Oct'07 Nov '07 Dec'07 Total
National payment $2,522.40 2,042.05 $2,085.05 $2,267.30 $1,831.93 $1,317.03 $1,114.22 $1,436.14 $634.89 $884.58 $1,134.55 $1,918.07 $19,188.21
Interpolated monthly $2,832.66 $2,293.22 $2,341.51 $2,546.18 $2,057.26 $1,479.02 $1,251.27 $1,612.79 $712.98 $993.38 $1,274.10 $2,153.99 $21,548.36
payment @ 112.3%
estimated short $310.26 $251.17 $256.46 $278.88 $225.33 $161.99 $137.05 $176.65 $78.09 $108.80 $139.55 $235.92 $2,360.15
payment
•
2008 Calendar year - Key West (National)
Jan '08 Feb'08 Mar'08 Apr'08 May '08 June'08 July '08 Aug '08 Sep'08 Oct'08 Nov'08 Dec'08 Total
National payment $3,448.11 $3,507.28 $3,499.34 $2,220.56 $1,924.87 $1,500.58 $1,893.93 $1,233.10 $861.26 $1,107.39 $2,046.55 $920.84 $24,163.81
Interpolated monthly $3,872.23 $3,938.68 $3,929.76 $2,493.69 $2,161.63 $1,685.15 $2,126.88 $1,384.77 $967.19 $1,243.60 $2,298.28 $1,034.10 $27,135.96
payment @ 112.3%
estimated short $424.12 $431.40 $430.42 $273.13 $236.76 $184.57 $232.95 $151.67 $105.93 $136.21 $251.73 $113.26 $2,972.15
payment
National '07 estimated short payment $2,360.15
National '08 estimated short payment $2,972.15
National total estimated shortage $5,332.30
VIII. AUDITEE RESPONSES -
Vanguard Car Rental USA,
Inc.
s '
- rI Na Vanguard Car Rental USA Inc.
•
1 ‘1,. 1,...
/ilarrlo�i I ii.:l. lb. Ili'
l
June 15,2009
Mark Albury
Director of Internal Audit
Clerk of the Circuit Court,Monroe County
500 Whitehead Street, Suite 101
Key West, FL 33040
Sent via email to malbuty(lmonroc-clerk.com
Dear Mr.Albury:
I am in receipt of the Audit Report of Monroe County Between the County and Vanguard Car Rental
USA Inc. for Offsite Car Rental Fees Due to the Key West International Airport, dated May 1, 2009.
Although not noted on the report or the audit notification letter, I believe the audit is for the period
beginning January 2007 and ending December 2008. The report outlines four Audit Conclusions
(Section IV, page 3 of the report), then again in the Audit Findings (Section V, pages 4-9), that
address concerns. This serves as Vanguard's response to these conclusions/findings.
Audit Conclusion/Finding#1: "The Alamo branch excluded certain charges from the formula
used to calculate the amount due to KWIA. The effect of excluding these charges from KWIA
monthly fee calculation resulted in a total underpayment of S5,204.34 (extrapolated to $19,391.02
for the 2-year audit period) by Vanguard Car Rental USA Inc. 's Alamo branch for the five (5)
sampled months."
➢ I disagree with this finding. Section 2 (Definitions), Sub-section (h) (Gross Revenues)of
Resolution 109-2008 clearly states, as you have noted, the definition of Gross Revenues as:
"...total charges for time, mileage and personal accident insurance, received or
receivable, whether by cash or credit, before any federal, state or local tax and after any
discount specifically shown on the car rental agreement for the rental of all motor vehicles
by the operator to customers picked up at the airport for and in connection with the rental
of a motor vehicle regardless of where the payment is made or where the vehicle is
returned."
As you can see, time and mileage(T&M) and personal accident insurance(PAI), net of
taxes and allowed discounts, are the only gross revenue items to be included in the
calculation of the 8% fee. The additional 10 accounts you have listed are clearly not
applicable to the 8% fee. Therefore, Vanguard has correctly remitted to KWIA.
` ' + Vanguard Car Rental USA Inc.
•
/� �uac
larnci
Audit Conclusion/Finding#2: "The National branch excluded certain charges from the formula
used to calculate the amount due to KWIA. The effect of excluding these charges from KWIA
monthly fee calculation resulted in a total underpayment of$1,491.64(extrapolated to $5,332.30
for the 2-year audit period) by Vanguard Car Rental USA Inc. 's National branch for the five (5)
sampled months."
➢ I disagree with this finding. Due to operating under the same resolution, the response for
National is the same as that for Alamo in Audit Conclusion/Finding#1, above.
Audit Conclusion/Finding#3: "Internal Audit was unable to verify the completeness of the
information Vanguard Car Rental USA Inc.provided."
➢ I disagree with this finding. As previously explained, Vanguard's rental agreement
numbers are assigned on a regional basis and a"series"of numbers are not specific to a
certain location. I am not aware of any additional questions or testing performed during
the audit to obtain comfort as to the completeness of the rental agreements.
Audit Conclusion/Finding#4: "The County should amend Resolution No. 109-2008 to include
various charges in the definition of gross revenue."
> As noted in the response to Audit Conclusion/Finding#1, above, the resolution clearly
states the definition of gross revenue that is applicable to the 8% fee. Vanguard has
operated under the definition noted in the current resolution. Therefore, any amendments
to the resolution based on the recommendation of this audit would only apply to operators
on a go-forward basis from the effective date of the resolution.
I believe this letter addresses all of the concerns and audit conclusions/findings noted in the report
referenced above. I appreciate the extension of the deadline for this response to June 15, 2009. If you
have any questions,please do not hesitate to contact me at 918.401.6463.
Sincerely,
4)/e r'aSS
Rodney P. Huss
Manager,Airport Accounting
H ussR(Fevanguardcar.cotn
cc: Mark Ezell,Controller,Airport& Licensee Accounting,Accounts Payable
Bert Sheppard,Director of Properties and Airport Relations
It '
IX. AUDITEE RESPONSES —
Count Administrator's
strator's
I �
F' BOARD OF COUNTY COMMISSIONERS
— Mayor George Neugent, District 2
- �'•:� Mayor Pro Tern Sylvia 3. Murphy, District 5
�. _, Kim Wigington, District 1
C
UNTY o fMONROE �t _
•'� ;��r...`, Heather Caruthers, District 3
KEY WEST FLORIDA 33040 14,: Mario Di Gennaro,District 4
(305)294-4641 (i tb{ t ,
r. +
Monroe County !flr+ •
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305)292-4441 -Phone °
(305)292-4544-Fax
June 4, 2009
Mark Albury
Director of Internal Audit
Monroe County Clerk's Office
500 Whitehead St.
Key West, Fl. 33040
RE: Draft Preliminary Audit Report—Vanguard Car Rental USA, Inc.
Dear Mr. Albury:
I have reviewed the audit report and worked with staff toprovide a response to the recentlycompleted
P P P
draft audit report prepared by the Internal Audit Department of the Clerk of the Circuit Court.
Some months ago, Airport and Finance Department staff noticed what appeared to be disparity in off
airport rental car revenues. Ms. Marva Green and Peter Horton approached Mr. Kohlage,presented their
preliminary findings, and asked that his staff perform an internal audit of Enterprise Rental Car payments
to the airport. Mr. Kohlage agreed, and has apparently expanded the audit to include Vanguard as well as
Enterprise.
The Vanguard audit has resulted in four audit findings. Those findings and my recommended responses
are as follows:
Finding1. The Alamo branch excluded certain charges from the formula used to calculate the amount due
KWIA.
Response: Working with legal staff, the airport will put Alamo on notice that they have been
excluding certain charges from their monthly airport fee calculation, and we will demand from
them $19,391.02, the amount of underpayment for calendar years 2007 and 2008 as estimated in
Exhibit C.
Finding 2. The National branch excluded charges from the formula used to calculate the amount due
KWIA.
Response: Working with legal staff,the airport will put National on notice that they have been
excluding charges from their monthly airport fee calculation, and we will demand from them
$5,332.30, the amount of underpayment for calendar years 2007 and 2008 as estimated in Exhibit C.
Finding 3. Internal Audit was unable to verify completeness of the information Vanguard Car rental USA,
Inc. provided.
Response: Working with legal staff, the airport will present to the Board of County Commissioners
for their approval, an amended Resolution No. 109-2008, requiring that rental car vendors prepare
and maintain a complete listing of monthly rental agreements. Any other future rental car
agreements will contain the same requirement.
Finding 4. The county should amend Resolution No.109-2008.
Response: Working with legal staff,the airport will present to the Board of County Commissioners
for their approval,an amended Resolution No. 109-2008,including all insurances and fees in the
definition of"gross revenue." Any other future rental car agreements will contain the same
language.
I look forward to reading your final report and will take up the issues with staff at that time. Accordingly,
please copy Peter Horton on the final report, so that he can work with staff to take corrective actions.
Sincerely,
Roman Gastesi
County Administrator
Cc:
Peter Horton