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Item Q02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15. 2009 - KW Division County Attorney Bulk Item: Yes - No -1L Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of a total of four (4) Supplemental Gas Tax Sharing lnterlocal Agreements: one (1) each between Monroe County and: 1) the City of Key Colony Beach; 2) the City of Layton; 3) the City of Marathon and 4) the City ofIslamorada, Village ofIslands. ITEM BACKGROUND: On May 20, 2009, Monroe County approved an Interlocal Agreement for the distribution of local option gas tax revenues with ,the cities of Key West, Key Colony Beach, Islamorada, Layton and Marathon. Previously, on March 18; 2009, the Board had approved termination of an interlocal agreement which shared a portion of constitutional gas tax with the cities of Key Colony Beach, Islamorada, Layton and Marathon effective September 30, 2009. On May 20,2009, Monroe County also decided to impose an additional three cents local option gas tax and to share a portion of its distribution from the Department of Revenue to compensate those municipalities for their losses of constitutional gas tax. This Supplemental Gas Tax Sharing InterIocal Agreement compensates these municipalities for the funding they lost by terminating the gas tax sharing ILA's we had with them and which is not projected to be made up by their shares ofthe gas tax generated by the extra three cents the Board approved May 20,2009. PREVIOUS RELEVANT BOCC ACTION: 3118/2009 ROCC terminated ILA with Key Colony Beach, Islamorada, Layton and Marathon for sharing of constitutional gas tax effective 9/30/2009 5/20/2009 BOCC approved ILA for distribution oflocal option gas tax revenue with Key West, Key Colony Beach, Islamorada, Layton and Marathon CONTRACT/AGREEMENT CHANGES: Compensates municipalities for funding lost when County terminated constitutional gas tax sharing ILA's and is not projected to be made up by their shares of the extra three cents gas tax - STAFF RECOMMENDATIONS: Approval. TOTAL COST: $147.583 BUDGETED: Yes - No - COST TO COUNTY: $147.583 SOURCE OF FUNDS: local option gas tax revenues REVENUE PRODUCING: Yes...1L No_ AMOUNT PER MONTH_ Year APPROVED BY: 'County Att~ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # , SUPPLEMENTAL GAS TAX INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into on the _ day of ,2009 between Monroe County (MONROE COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and the City of Key Colony Beach (KEY COLONY BEACH), a municipal corporation of the State of Florida and whose address is P. O. Box 510141, 600 West Ocean Drive, Key Colony Beach, Florida 33051; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 20, 2009, MONROE COUNTY entered into an Interlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; WHEREAS, the City of Key West, the most populous municipality in Monroe County, has executed the Interlocal Agreement approved by the County on May 20, 2009, rendering the agreement sufficient for purposes of the Department of Revenue (DOR) making the distributions contained therein; and WHEREAS, the Board of County Commissioners of Monroe County had decided at a meeting on March 18, 2009, to terminate, effective September 30, 2009, an interlocal agreement which shared a portion of 'constitutional gas tax with KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; and WHEREAS, having decided at a meeting of May 20, 2009, to impose an additional three cents local option gas tax, the Board of County Commissioners of Monroe County also decided to share a portion of its distribution from the Department of Revenue to compensate the municipalities for their losses of constitutional gas tax and based on the estimates set forth in a COUNTY OMB chart attached hereto as Exhibit A ; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the- PARTIES agree as follows: SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning October 1, 20 I 0 and continue in force for five years. If this agreement is not earlier terminated or a new agreement has not been adopted by September 30, 2015, the terms of this agreement shall continue to be effective until such time as a new interlocal agreement is in place. , SECTION 2. AGREEMENT SUPPLEMENTAL TO MAY 20, 2009 ILA. This agreement supplements the county-wide interlocal agreement approved by the County on May 20,2009, and is intended to make whole the municipality for the difference the distribution expected Supplement Gas Tax - KCB I 1 . from the May 20,2009 ILA and the amounts which have been previously received pursuant to DOR distributions and the constitutional gas tax sharing. SECTION 3. ANNUAL AMOUNT. The parties agree that MONROE COUNTY shall pay to KEY COLONY BEACH from the gas tax proceeds that the COUNTY receives from the Department of Revenue pursuant to the 5/20/09 ILA the sum of TWENTY -TWO THOUSAND THREE HUNDRED TWELVE DOLLARS ($22,312). SECTION 4. ADJUSTMENT No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. PAYMENT. A. MONROE COUNTY shall make distributions to KEY COLONY BEACH of one-fourth of the agreed amount in 4 quarterly payments per year, commencing with the quarter ending December 31,2009. B. The municipality shall maintain adequate fiscal control and fund accounting procedures that comply with generally accepted government accounting principles in order to assure that the funds are spent for the purposes permitted by state statute. The municipality shall require in its contract with its independent auditor who performs the annual audit a requirement to provide the County Clerk with a letter of compliance, stating that the auditor has examined the transactions involving expenditure of the gas tax proceeds under this agreement and that the transactions are in compliance with applicable laws. Any funds transferred by the COUNTY to the municipality under this agreement and which are determined by the County Clerk, an auditor employed by the COUNTY or employed by the State to have been spent for a purpose not permissible under state law must be paid back to the COUNTY with interest calculated pursuant to S. 55.03(1), FS, from the date the auditor determines the funds were spent for an impermissible purpose. Failure to provide the annual letter of compliance shall be deemed a breach for which this Agreement may be terminated as to the breaching party pursuant to Section 6 of this Agreement. SECTION 6. TERMINAT ION. This Agreement may be terminated prior to the September 30, 2015, date upon agreement in writing by both parties; or, in the event that the municipality fails to - provide adequate documentation of assurances as required in Section S.B. of this Agreement, the COUNTY may terminate upon providing at least thirty days written notice to the municipality. SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, ffild the State of Florida, whether in effect on commencement of this agreement or adopted after that date. SECTION 9. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Supplement Gas Tax - KCB 2 2 . Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: KEY COLONY BEACH: County Administrator Roman Gastesi Thomas D. Wright 1100 Simonton Street City Attorney for Key Colony Beach Key West, FL 33040 9711 Overseas Highway & Marathon, FL 33050 County Attorney Suzanne Hutton & P. O. Box 1026 Mayor Ron Sutton Key West, FL 33041 PO Box 510141 Key Colony Beach, FL 33051 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECrIVE DATE This Interlocal Agreement will take effect on October 1,2010. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA - By: By: Deputy Clerk Mayor/Chairman (SEAL) KEY COLONY BEACH ~;y{UAL~ Jl({tnf~ BY:~ --;t""~04~~ Clerll J Mayor .. Supplement Gas Tax - KCB 3 3 ^ EXHIBIT A I Total Current plus 3.Pennies Proposed. I Total Proposed Proposed Proposed Municipality Current Constitutional 3 pennies Total $ +/~ Unin. County 3,450,778 491 ,466 659,438 4,601,682 1 , 150,904 Marathon 560,832 (287,099) 192,112 465,845 (94,987) Islamorada 448,845 (154,345) 132,109 426,609 (22,236 ) Key Colony Beach 105,214 (38,149) 15,837 82,902 (22,312) Layton 45,406 (11,873) 3,825 37,358 . (8,048) Key West 1,223,944 0 455,129 1,679,073 455,129 Total 5,835,019 0 1,458,450 7,293,469 1,458,450 - 4, SUPPLEMENTAL GAS TAX INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into on the day of , 2009 between Monroe County (MONROE COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and the City of Layton '(LAYTON), a municipal corporation of the State of Florida and whose address is P. O. Box 778, Long Key, Florida 33001; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 20,2009, MONROE COUNTY entered into an Interlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; WHEREAS, the City of Key West, the most populous municipality in Monroe County, has executed the lnterlocal Agreement approved by the County on May 20,2009, rendering the agreement sufficient for purposes of the Department of Revenue (DOR) making the distributions contained therein; and WHEREAS, the Board of County Commissioners of Monroe County had decided at a meeting on March 18, 2009, to terminate, effective September 30, 2009, an interlocal agreement which shared a portion of constitutional gas tax with KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; and WHEREAS, having decided at a meeting of May 20, 2009, to impose an additional three cents local option gas tax, the Board of County Commissioners of Monroe County also decided to share a portion of its distribution from the Department of Revenue to compensate the municipalities for their losses of constitutional gas tax and based on the estimates set forth in a COUNTY OMB chart attached hereto as Exhibit A ; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the ~ PARTIES agree as follows: SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning October 1, 2009, and continue in force for five years. If this agreement is not earlier terminated or a new agreement has not been adopted by September 30, 2014, the terms of this agreement shall continue to be effective until such time as a new interlocal agreement is in place. SECTION 2. AGREEMENT SUPPLEMENTAL TO MAY 20,2009 ILA. This agreement supplements the county-wide interlocal agreement approved by the County on May 20,2009, and is intended to make whole the municipality for the difference the distribution expected Supplement Gas Tax - Layton 1 I " p t from the May 20, 2009 ILA and the amounts which have been previously received pursuant to DOR distributions and the constitutional gas tax: sharing. SECTION 3. ANNUAL AMOUNT. The parties agree. that MONROE COUNTY shall pay annually to LAYTON from the gas tax proceeds that the COUNTY receives from the Department of Revenue pursuant to the 5/20/09 ILA the sum of EIGHT THOUSAND FORTY-EIGHT DOLLARS ($8,048). SECTION 4. ADJUSTMENT No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. PAYMENT. A. MONROE COUNTY shall make distributions to LAYTON of one-fourth of the agreed amount in 4 quarterly payments per year, commencing with the quarter commencing October 1, 2009. B. The municipality shall maintain adequate fiscal control and fund accounting procedures that comply with generally accepted government accounting principles in order to assure that the funds are spent for the purposes permitted by state statute. The municipality shall submit to a copy of the municipality's annual audit report within sixty (60) days after the audit report is issued. Any funds transferred by the COUNTY to the municipality under this agreement and which are determined by the County Clerk, an auditor employed by the COUNTY or employed by the State to have been spent for a purpose not permissibJe under state law must be paid back to the COUNTY with interest calculated pursuant to S. 55.03(1), FS, from the date of any report that the funds were spent for an impermissible purpose. SECTION 6. TERMINATION. This Agreement may be terminated prior to the September 30, 2015, date upon agreement in writing by both parties; or, in the event that the municipality fails to provide adequate documentation of assurances as required in Section 5.B. of this Agreement, the COUNTY may terminate upon providing at least thirty days written notice to the municipality and an opportunity to cure. SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of ~ its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns ofthe all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this agreement or adopted after that date. SECTION 9. GOVERNING LA WSNENUE. This Agreement is governed by the laws ofthe State of Florida and the Upited States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida 1ft the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. Supplement Gas Tax - Layton 2 2 .' " SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: LAYTON: County Administrator Roman Gastesi . Mayor Norman Anderson 1100 Simonton Street PO Box 778 Key West, FL 33040 Long Key, FL 33001 & & County Attorney Suzanne Hutton Mr. Dirk Smits, Esq. P. O. Box 1026 City Attorney for Layton Key West, FL 33041 81990 Overseas Highway, Third Floor lslamorada, FL 33036 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' fmal mutual understanding regarding the, subject matter hereof. It replaces any earlier agreements Of understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an ,original, all of which taken together shall constitute one and the same instrument and any ofthe parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECTIVE DATE This InterIocal Agreement will take effect on October 1,2009. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) LAYTON ATTEST: By: By: Clerk Mayor 4. Supplement Gas Tax - Layton 3 3 , EXHffiIT A I. ......... Totalc:urrent~lllsip~lllliesPr()p()~ed> ... .. ........< I Total Proposed Proposed Proposed Municipality Current Constitutional 3 pennies Total $ +/- unin.county 3,450;778 491,466 659,438 4,601,682 ........1,.1.50,904 .. Marathorlii 560,832 (287,099) 192,112 465,845< (9-4,981) Islam~radai 448,845 (154,345) 132,109 426,609 .... ...(22,236) Key Colony .. . ........................i . ... B~i:l~h... 105,214 (38, 149) 1~,837 82,902 .......(~2,~12)i Layton. 45,406 (11,873) 3,825 37,358 ....(8,048) Key West 1,223,944 0 455,129 1,679,073 455,129 Total 5,835,019 0 1,458,450 7,293,469 1,458,450 4. SUPPLEMENTAL GAS TAX mTERLOCALAGREEMENT THIS mTERLOCAL AGREEMENT is made and entered into on the day of , 2009 between Monroe County (MONROE COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and the City of Marathon (MARATHON), a municipal corporation of the State of Florida and whose address is 9805 Overseas Highway, Marathon, Florida 33050; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 20, 2009, MONROE COUNTY entered into an Interlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; WHEREAS, the City of Key West, the most populous municipality in Monroe County, has executed the Interlocal Agreement approved by the County on May 20,2009, rendering the agreement sufficient for purposes of the Department of Revenue (DOR) making the distributions contained therein; and WHEREAS, the Board of County Conunissioners of Monroe County had decided at a meeting on March 18, 2009, to terminate, effective September 30, 2009, an interlocal agreement which shared a portion of c.onstitutional gas tax with KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; and WHEREAS, having decided at a meeting of May 20, 2009, to impose an additional three cents local option gas tax, the Board of County Commissioners of Monroe County also decided to share a portion of its distribution from the Department of Revenue to compensate the municipalities for their losses of constitutional gas tax and based on the estimates set forth in a COUNTY OMB chart attached hereto as Exhibit A ; now therefore, m CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: - SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning October 1, 2009, and continue in force for five years. If this agreement is not earlier terminated or a new agreement has not been adopted by September 30, 2014, the terms of this agreement shall continue to be effective until such time as a new ioterlocal agreement is in place. SECTION 2. AG~EMENT SUPPLEMENTAL TO MAY 20, 2009 ILA. This agreement supplements the county-wide interlocal agreement approved by the County on May 20,2009, and is intended to make whole the municipality for the difference the distribution expected Supplement Gas Tax - Marathon 1 1 from the May 20, 2009 ILA and the amounts which have been previously received pursuant to DOR distributions and the constitutional gas tax sharing. SECTION 3. ANNUAL AMOUNT. The parties agree"that MONROE COUNTY shall pay annually to MARATHON from the gas tax proceeds that the COUNTY receives from the Department of Revenue pursuant to the 5/20/09 ILA the sum of NINETY-FOUR THOUSAND NINE HUNDRED EIGHTY-SEVEN DOLLARS ($94,987). SECTION 4. ADJUSTMENT No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. PAYMENT. A. MONROE COUNTY shall make distributions to MARATHON of one-fourth of the agreed amount in 4 quarterly payments per year, commencing with the quarter commencing October 1,2009. B. The municipality shall maintain adequate fiscal control and fund accounting procedures that comply with generally accepted government accounting principles in order to assure that the funds are spent for the purposes permitted by state statute. The municipality shall submit to a copy of the municipality's annual audit report within sixty (60) days after the audit report is issued. Any funds transferred by the COUNTY to the municipality under this agreement and which are determined by the County Clerk, an auditor ~mployed by the COUNTY or employed by the State to have been spent for a purpose not permissible under state law must be paid back to the COUNTY with interest calculated pursuant to S. 55.03(1), FS, from the date of any report that SECTION 6. TERMINATION. This Agreement may be terminated prior to the September 30, 2015, date upon agreement in writing by both parties; or, in the event that the municipality fails to provide adequate documentation of assurances as required in Section 5.B. of this Agreement, the COUNTY may terminate upon providing at least thirty days written notice to the municipality and an opportunity to cure. - SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this agreement or adopted after that date. SECTION 9. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the State of Florida and the Upited States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. Supplement Gas Tax - Marathon 2 2 SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: MARATHON: County Administrator Roman Gastesi . Mayor Mike Cinque 1100 Simonton Street 81990 Overseas Highway, 2nd Floor Key West, FL 33040 Marathon, FL 33050 & County Attorney Suzanne Hutton & P. O. Box 1026 City Attorney Jimmy Morales Key West, FL 33041 150 W. Flagler Street, Suite 2200 Miami, FL 33130 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' fmal mutual understanding regarding the, subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an priginal, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECTIVE DATE This lnterlocal Agreement will take effect on October 1, 2009. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman - (SEAL) MARATHON ATTEST: By: By: Clerk Mayor 4- .".-<:< <~" . Supplement Gas Tax - Marathon 3 3 EXHIBIT A I> .. ...Total currentplus3p~~~ie~Pr~JlC>se(l/ ........ .> I Total Proposed Proposed Proposed Municipality Current Constitutional 3 pennies Total S +/~ Unin. County 3,450~778 491,466 659,438 4,6011682 1,150,904 . .'.' - '..'".. .._-.. .. '" " , . .....'.. ' . - --.C- __ .... . ..... ....-...-....... . ... . .. . -. .,-,'.' -' -. . . -' -",,,-'. Mara~~()n\ ... . 560,832 (2871099) 1921112 4651845 ..(94,9.87). . Islamorada..... 448,845 (1541345) 132,109 426,609 ...(22,236) KeyColony .... ... ../ ................ ..i... Beac;h. 105,214 (38, 149) 1~,837 82,902/(22,312) Layton 45,406 (11,873) 3,825 37,358 > (8,048) Key West 1,223,944 0 455,129 1,679,073 455,129 Total 5,835,019 0 1,458,450 7,293,469 1,458,450 i , < SUPPLEMENTAL GAS TAX INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into on the _ day of , 2009 between Monroe County (MONROE COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Islamorada, Village of Islands (lSLAMORADA), a municipal corporation of the State of Florida and whose address is 87000 Overseas Highway, lslamorada, Florida 33036; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 20,2009, MONROE COUNTY entered into an lnterlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; WHEREAS, the City of Key West, the most populous municipality in Monroe County, has executed the Interlocal Agreement approved by the County on May 20, 2009, rendering the agreement sufficient for purposes of the Department of Revenue (DOR) making the distributions contained therein; and WHEREAS, the Board of County Commissioners of Monroe County had decided at a meeting on March 18, 2009, to terminate, effective September 30, 2009, an interlocal agreement which shared a portion of constitutional gas tax with KEY COLONY BEACH, ISLAMORADA, LAYTON, and MARATHON; and WHEREAS, having decided at a meeting of May 20, 2009, to impose an additional three cents local option gas tax, the Board of County Commissioners of Monroe County also decided to share a portion of its distribution from the Department of Revenue to compensate the municipalities for their losses of constitutional gas tax and based on the estimates set forth in a COUNTY OMB chart attached hereto as Exhibit A ; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: - SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning October 1, 2009 and continue in force for five years. If this agreement is not earlier terminated or a new agreement has not been adopted by September 30, 2014, the terms of this agreement shall continue to be effective until such time as a new interlocal agreement is in place. SECTION 2. AGR}!:EMENT SUPPLEMENTAL TO MAY 20, 2009 ILA. This agreement supplements the county-wide interlocal agreement approved by the County on May 20,2009, and is intended to make whole the municipality for the difference the distribution expected Supplement Gas Tax -Islamorada 1 1 , from the May 20, 2009 ILA and the amounts which have been previously received pursuant to DOR distributions and the constitutional gas tax sharing. SECTION 3. ANNUAL AMOUNT. The parties agree that MONROE COUNTY shall pay annually to ISLAMORADA from the gas tax proceeds that the COUNTY receives from the Department of Revenue pursuant to the 5120109 ILA the sum of TWENTY- TWO THOUSAND TWO HUNDREDTIDRTY-SIX DOLLARS ($22,236). SECTION 4. ADJUSTMENT No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. PAYMENT. A. MONROE COUNTY shall make distributions to ISLAMORADA of one-fourth of the agreed amount in 4 quarterly payments per year, commencing with the quarter commencing October 1,2009. B. The municipality shall maintain adequate fiscal control and fund accounting procedures that comply with generally accepted government accounting principles in order to assure that the funds are spent for the purposes permitted by state statute. The municipality shall submit to the County Clerk a copy of the municipality's annual audit report within sixty (60) days after the audit report is issued. Any funds transferred by the COUNTY to the municipality under this agreement and which are determined by the County Clerk, an auditor employed by the COUNTY or employed by the State to have been spent for a purpose not permissible under state law must be paid back to the COUNTY with interest calculated pursuant to S. 55.03(1), FS, from the date of any report that the funds were spent for an impermissible purpose. SECTION 6. TERMINATION. This Agreement may be terminated prior to the September 30, 2015, date upon agreement in writing by both parties; or, in the event that the municipality fails to provide adequate documentation of assurances as required in Section 5.B. of this Agreement, the COUNTY may terminate upon providing at least thirty days written notice to the municipality and an opportunity to cure. SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of - its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns ofthe all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this agreement or adopted after that date. SECTION 9. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the State of Florida and the qnited States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. Supplement Gas Tax -Islamorada 2 2 , SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: ISLAMORADA: County Administrator Roman Gastesi Village Manager ] 100 Simonton Street 81990 Overseas Highway, 2nd Floor Key West, FL 33040 P. O. Box 568 & Islamorada, FL 33036 County Attorney Suzanne Hutton & P. O. Box 1026 Nina Boniske, Village Attorney Key West, FL 3304] 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECTIVE DATE This lnterlocal Agreement will take effect on October], 2009. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman "- (SEAL) ATTEST: By: ....t.u Supplement Gas Tax -Islamorada 3 3 ,,,;~, '..... ~ EXHIBIT A I....... . ",'" :. .. ,.-- ..-_.'..,.-,'."'- .,-"..-.-'-." .-.'-.-- : ,..:.:.,-.......,..-.....,. '-.. I ... .. Total Current plus 3 Pennies ProPosed .. >.. Total Proposed Proposed Proposed Munici pality Current Constitutional 3 pennies Total $ +/- Unin. County 3,450~778 491,466 659,438 4,601,682 1,150,904 .'."'..'. .. .... .--"',',-'.-.",..' ..,-.-, . 465,845 . .(94,981) . -', . .Marathon..........i...... 560,832 (287,099) 192,112 . . '. . Islamorada . 448,845 (154,345) 132,109 426,609 ........(22,236) · . Key Colony .--' -',. Beach . 105,214 (38,149) 1~,837 82,902 ... (22,312) .. , .'.-:,-.:,..,,'..','-,,::.'. ..- . .,:'-"-", ':' --,",-,,-,':_. ., " .-: . ..."-' .'..... . ,".. Layton>..... 45,406 (11,873) 3,825 37,358 (8,048) Key West 1,223,944 0 455,129 1,679,073 455,129 Total 5,835,019 0 1 ,458,450 7,293,469 1,458,450 - .. MUNICIP AL INPUT as of 6/30/09: * Local Option Gas Tax Sharin!! Interlocal Ae:reement (approved by BOCC on 5/20/09): Approved/executed ILA's received from: Key West Marathon Layton Islamorada, Village of Islands Objection/have not received executed ILA from: ' Key Colony Beach * ~lemental Gas Tax Sharing ILA (before the BOCC for consideration 7/15/09): Approved/executed Supplemental ILA's received from Key Colony Beach - received 5/29/09 (Note: KCB has not yet approved/executed combined ILA from 5/20109.) - Islamorada - received 6/22/09 Have not received executed Supplemental ILA from: Marathon Layton 4 . RE[;OLtliTIOI\f [~O c _. O~[lJg: __ l~' RESOLUTION OW 'I'Ellli CITY C011.@-!l:XS:S:rON OF TRIa; CITY OW K~Y WI~ST ~ F'LOR:rrM'!,~ AUTI'{ORIZING THE EXE:ClbV',KlIOR<)) OE~ 'J~BiE ATTP..CHElD U~ERLOC.7AL AG~m..mNT BE~m~~ TH~ CYTY .oW KEY WEST~ MOk~l%OE COU~'TY I! WjQ!iJ.~,ATHON 0 Ll4.:{TON/i KEY COLQN'if BEACH AR\!D :nn:'.AMORA.DAo VILLAGE OF THE rSL~~DS REGARDING DISTRIBUTION OF THlffi LOCAL OP'],JXON FUEL TAX; ~ROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That the attached Interlocal Agreement is hereby approved. Section 2: That this Resolution shall go into effect . ' immediately upon its passage and adoption and aut0entication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 5th day of May 2009. Authenticated by the presiding officer and Clerk of the Commission on 2009 - May 6 , Filed with the Clerk ~ - MORGAN HERSON, MAYOR I LOCAL OPTION GAS TAX SHARING , INTERLOCAL AG~EMENT TffiS INTERLOCAL AGREEMENT is made and entered into on the .l)CJIL day of May . 2009 between Monroe County (MONR~E COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton St eet, Key West, Florida 33040, AND the City of Key West (KEY WEST), a municipal corporation of the State of Florida and whose address is 525 Angela Street, P. O. Box 1409, Key West,-Florida; tbe City of Key Colony Beach (KEY COLONY BEACH), a municipal corporation of the State of Florida and whose address is P. O. Box 510141, 600 West Ocean Drive, Key Colony Beach, Florida 33051; the City of Layton (LAYTON), a municipal corporation of the State of Florida and whose address is P. O. Box 778, Long Key, Florida 33001; the City of Marathon (MARATHON), a municipal corporation of the State of Florida and whose address is 9805 Overseas Highway, Marathon, Florida 33050; and the city of Islamorada~ The Village of Islands (lSLAMORADA), a municipal corporation of the State of Florida and whose address is 87000 Overseas Highway~ Islamorada, Florida 33036; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 24, 1999, MONROE COUNTY renewed the Interlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH and LAYTON to distribute the proceeds of the six cent local option gas tax imposed by COUNTY under Ordinance No. 016-1989, as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025. Rorida Statutes, among the COUNTY and the cities of KEY WEST, KEY COLONY BEACH and LAYTON, according fJo the following percentages: Monroe County - 60.5%, City of Key West ~ 36.5%~ City of Key Colony Beach - 2.0%, aDd City of Layton. 1.0 % ; WHEREAS, on May 16,2006 the parties agreed to extend the Agreement under the same terms, with the present Agreement due to expire June 30, 2009; and WHEREAS, the city of ISLAMORADA, VILLAGE OF ISLANDS, became incorporated on December 31, 1997 and became operational in March, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County; and WHEREAS~ the city of MARAmON became incorporated on November 30, 1999 and became operational on February 24, 2000 and entitled to receive a proportionate share of local ~ option gas tax revenues collected in Monroe County starting July 1,2000; and WHEREAS, pursuant to Sec. 336.025(4)(b), Florida Statutes, the percentage of gas tax revenues payable to a new city is based upon a statutory lane mile formula; and WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of ISLAMORADA, VILLAGE OF ISLANDS for distribution of $294,500 local option gas ~ revenues for each fiscal year during the term of the Agreement; and . WHEREAS. on May 16,2006 the parties agreed ~ extend the Agreement under the same terms, with theprbent Agreement due to expire June 30. 2009; and Page lof5 ] Local Option Gas Tax. ILA 4/14/09 SH I i ! WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of MARATHON for distribution of $273,733.38 local option gas tax revenues for each year during the term of the Agreement; and . . WHEREAS, the parties agreed to extend the Agr~ement under the same terms on May 16, 2006, with the present Agreement due to expire June 30, 2009; WHEREAS, the State of Rorida, Department of Revenue is authorized to distribute directly to the COUNTY and to the named municipalities their statutory share of the gas tax revenues; and WHEREAS, pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these Agreements expire or, if to be extended, to adopt and provide the Department of Revenue with a new Agreement by July 1,2009; and WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreements under the present terms and conditions in each individual Interlocal Agreement under one combined Interloca1 Agreement; and WHEREAS, the COUNTY has scheduled and noticed' for May 20, 2009, a public hearing for an additional five-cent local option gas tax pursuant to the authority of F.S. 336.025(l)(b), and the parties desire to set forth in this agreement their agreement as to the distribution of any proceeds from the proposed additional tax that may result from an ordinance passed at that May 20th meeting; now, therefore IN CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning July 1, 2009 and continue in force for five years. If a new agreement has not been adopted by July I? 2014, the terms of this agreement shall continue to be effective until such time as either: A) a new interlocal agreement is in place; or B) an agreement with respect to the statutory formula specified in Florida Statute section 336.025 is reached, or a determination regarding such formula for distribution is made by the Administration Commission. ~ SECTION 2. DISTRIBUTION OF REVENUES. The State of Florida, Department of Revenue, is authorized to distribute the designated share of the local option gas tax revenues directly to the COUNTY and the named cities in this futerlocal Agreement. SECTION 3. REVENUE SHARE ALLOCATION A. All parties agree the proceeds of the six cent local optio* gas tax, imposed by County Ordinance No. 016-1989. as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025, i . Page 2 of 5 2 Local Option Gas Tax !LA 4114109 SH I I Florida Statutes, shall be distributed among the COUNTY and the named cities based on prior distributions, as set forth below: Distribution City of Key West 36.5 % of the taxes distributed City of Key Colony Beach 2.0% of the taxes distributed City of Layton 1.0 % of the taxes distributed City of Marathon $273,733.38 per annum Islamorada, VOl $294,500.00 per annum Monroe County Remainder B. All parties agree the proceeds of any of the additional five cent local option gas tax currently proposed to be imposed by County Ordinance, as is set for public hearing at the May 20, 2009 County Commission regularly scheduled meeting, and ~s authorized by Sec. 336.025, Florida Statutes, upon approval of an ordinance levying same. shall be distributed among the COUNTY and the named cities based on the percentages set forth below: DISTRIBUTION PijRCENTAGE City of Key West 31.21 % City of Key Colony Beach 1.09% City of Layton 0.26% City of Marathon 13.17% Islamorada, VOl 9.06% Monroe County 45.21 % TOTAL 100.00% SECTION 4. ADJUSTMENT No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. AUTHORIZATION Pursuant to Section 163.02, Florida Statutes, the parties are authorized to enter into this Interlocal Agreement. SECTION 6. TERMINATION. This Agreement may be terminated prior to the June 30. 2014, date only in writing and by agreement of the parties hereto. SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties. SECTION 8. SUBORDINATION. This Agreement is sqbordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on conunencement of this agreement or adopted after that date. 4, Page 3 of 5 3 local Option Gas Tax ILA 4114/09 SH I I SECTION 9. GOVERNING LA WSIVENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: ISLAMORAP...A: County Administrator Roman Gastesi Mayor Don Achenberg 1100 Simonton Street 81990 Overseas Highway, 2nd Floor Key West, FL 33040 P. O. Box 568 & Islamorada, FL 33036 County Attorney Suzanne Hutton & P. O. Box 1026 Nina Boniske" Village Attorney Key West, FL 33041 2665 S. Bayshore Drive, Sutie 420 Miami, FL 33133 KEY COLONY BEACH: LAYTON: Thomas D. Wright Mr. Dirk Smits, Esq City Attorney for Key Colony Beach City Attorney for Layton 9711 Overseas Highway 81990 Overseas Highway, Third Floor Marathon, FL 33050 lslamorada, FL 33036 & & Mayor Ron Sutton Mayor Nonnan Anderson PO Box 510141 PO Box 778 Key Colony Beach, FL 33051 Long Key, FL 33001 MARATHON: KEY WEST: Mayor Mike Cinque City Manager ~im Scholl & 9805 Overseas Highway City Attorney Shawn Smith Marathon,FL 33050 P. O. Box 1409 & Key West, FL 33041 City Attorney Jimmy Morales 150 W. Flagler Street, Suite 2200 Miami, FL 33130 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' final mutual ~ understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shaH be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECflVE DATE This Interlocal Ag):-eement ~iI1 take effect on July 1, 2009. Page 4 of 5 4 Local Option Gas Tax ILA 4/14/09 SH I I ~~:WIIEREOF, each party has caused this Agreement to be executed by its duly au~~~~tive. ...c' ",:f'r' "<\ ". ( c" \ h,.' . l~~~;~~~;iHAGE' CLERK ~~.r~~~~~=~NERS By: li~ By. ~~. 'In.-.l,.q... D puty Clerk Mayor/Chai an (SEAL) ISLAMORADA, VILLAGE OF ISLANDS ATTEST: By By Clerk Mayor (SEAL) CITY OF KEY COLONY BEACH ATTEST: -,.. ~ :5 0 " , .". :t;. ::: - By: By: f1f;~ r- ~ ,." Clerk Mayor -c 0- (-r. ~:: r- t\) -ry Q0~ 0\ 0 ~ :::00 ;:0 ~;. r- ~ ;0 __; .,::r ", (SEAL) CITY OF LAYTON . ':-0.:..- '" ("') -'I Q .. 0 ATTEST: r- ("'''1 (If :0 ~ - Q By: By: Clerk Mayor (SEAL) CITY OF MARATHON ATTEST: By: By: Clerk 4- Page 5 of 5 Local Option Gas Tax ILA 4/14/09 SH I I IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOAlRD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF '~OE COUNTY, FLORIDA BY:C7~~ BY:~~~" lJ~,~ Deputy Clerk Mayor/Chairman (SEAL) ISLAMORADA, VILLAGE OF ISLANDS ATTEST: By By Clerk Mayor (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk Mayor (SEAL) cm OF KEY COLONY BEACH ATTEST: By: By: Clerk Mayor Z 0 ~ "':':I o > 51 - ::;;:::0..".. r- ..... - ~.- :x ", -::.::' Z >0 0 '- ~.< -c CITY OF LAYTON r:1?;? r- N ." /Y7 ~"'~- By: By: / ~ ~=~ M ' C') .. 0 ayor _.1 ...... CJ'I ::::0 A I'" 0 y\oy ~ S. .., d-.e.r'i,.Oy\" - (SEAL) CITY OF MARATHON ATTEST: By: By: Clerk 4, Page 5 of5 5 Local Option Gas Tax ILA 41l4/09 SH ASSiS". Date ( IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized represent~tiv~... t'," "... ,.,<, ,"c 1 l ~~,. {'. '~ .,. IJ l:" , I ~.' '!- ~ ___ I,.. \i.;,l; " " \.... BOARD OF COUNTY COMMISSIONERS i,', . . d . DAN~,_",:f?~H~GE, CLERK OF M01~OE COUNrx, FL. ORID~ ~ ~',,.- . /' ~~I!.~ oJ~'5~J .. By: '~_.- _. By: (7 eputy Clerk' ',~ C\:, Mayor/Chairman ~', ".. ,::. .' ',).'ff..,: '9v'..tt..~,:<\;, , ,..,~ . ., . ..~ H::iTTON ~.~. (SEAL) ~.'lC/" f";E:l' ISLAMORADA, VILLAGE OF ISLANDS ATTEST: {' By By Clerk Mayor (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk Mayor (SEAL) CITY OF KEY COLONY BEACH ATTEST: By: By: 3: r' N .....J --' ~ ~ Clerk Mayor ;',~: C") ~:. ~ r= ;~-:;'5 :;~ iE [;J c-:;. ':'i<r'- _ ~ C::' ~~J~ C - 0 (SEAL) CITY OF LA YTON :T~?F:;: "'t:I ;::0 ATTEST' ,~;-' n.:::: .:J: =0 - . , ':-i" _ rT1 ~l" t:; ~ c-) i-- t"tl 0 By: By: ~ ~ Clerk Mayor ( (SEAL) CITY OF MARATHON " ATTEST: ~ JJw iQ c1av ' /. By:'- ()... . {~/l By: Clerk Page 5 of5 5 Local Option Gas Tax fLA 4/14/09 SH t Sponsored by: Burnett CITY OF MARATHON, FLORIDA RESOLUTION 2009-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MONROE COUNTY FOR RECEIPT OF LOCAL OPTION GAS TAX REVENUES WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; -- and WHEREAS, on May 16, 2006 the parties agreed to ~xtend the Agreement under the same terms, with the present Agreement due to expire June 30,'2009; and WHEREAS, the city of MARATHON became incorporated on November 30, 1999 and became operational on February 24, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County starting July I, 2000; and . WHEREAS, pursuant to Sec. 336.025(4)(b), Florida Statutes, t~e percentage of gas tax revenues payable to a new city is based upon a statutory lane mile formula; and WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of MARATHON for distribution of $273,733.38 local option gas tax revenues for each year during the term of the Agreement; and WHEREAS, the State of Florida, Department of Revenue is authorized to distribute directly to the COUNTY and to the named municipalities their statutory share of the gas tax ~ revenues; and WHEREAS, pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these Agreements expire or, if to be extended, to adopt and provide the Department of Revenue with a new Agreement by July 1,2009; and WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreements under the present terms and conditions in each individual Interlocal Agreement under one combined InterJocal Agreement; and 4, WHEREAS, the COUNTY has scheduled and noticed for May 20, 2009, a public hearing for an additional five-cent local option gas tax pursuant to the authority of F.S. 336.025(1)(b), and the parties desire to set forth in this agreement their agreement as to the distribution of any proceeds from the proposed additional tax that may result from an ordinance passed at that May 20th meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARA THON, FLORIDA~ THAT: Section 1. The Interlocal Agreement between Monroe County and the City (the IlInterlocal Agreement), it}' the form attached as Exhibit itA," is approved. The Mayor is authorized to execute the Agreement. Section 2. This Resolution shall become effective immediately upon its adoption. . PASSED AND APPROVED by the City Council of tIie City of Marathon, Florida, this ]2th day of May, 2009 ' THE CITY OF MARATHON, FLORIDA ..~~. - Mike Cinque~ or AYES: Ramsay, Snead, Vasil, Worthington, Cinque NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ - ~-tL1CLUIVl , iane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: City A~ . ~--.. ,. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. ~ BOARD OF COUNTY COMMISSIONERS OF M~ROE COUN-:Ys FLORIDA By:.;Sk~~.e<1 ~)~?~~ Mayor/Chainnan (SEAL) VILLAGE OF ISLANDS ATTEST: By ~ (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk ~ayor i (SEAL) CITY OF KEY COLONY BEACH ATTEST: By: By: Clerk Mayor .-_ r'::J ~ ." C'j .:;::-, ES r- ::!,:; ~ Z ;x fTl r,::: :-..-. d:~~ >- 0 {;:. ~~~ to.< -< (SEAL) CITY OF LAYTON c'::~; "> d ~ ATTEST: n f~!:::- <To '" ..J ;,. ~?'/~ /:=0 By: By: ~ ::-.;:~:~~ G) .. 0 Mayor ;-='.! r;' c.n ;:0 Y\ov~ s. At1J.~rs.oY\. - 0 (SEAL) CITY OF MARATHON ATTEST: , By: By: d~ M~M : MO'l '01::..' G~~J~k&~\ .,.j- ~ trl" "!"l!\lE/l~f11RM: \ 1.0 I O. G T ILA Page 5 of 5 .i::( -:L ,.).,G . j" ,..._._,'..(t'^!:! ~.. 5 ca . pIlon as ax ---~'--"---"'--'--7' ----..'.~.:,.PG~._-...---'~ 4/14/09SH ,,' AS:';,~, . -,,;,'.'EY'f;,Zt(C c: Dat(; ~._,,_....___.., .~.' ." .___.._ " I I RESOLUTION NO. 09-06-42 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA APPROVING THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND ISLAMORADA, VILLAGE OF ISLANDS, TO PROVIDE LOCAL OPTION GAS TAX SHARING; APPROVING THE SUPPLEMENTAL GAS TAX SHARING INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND ISLAMORADA, VILLAGE OF ISLANDS; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENTS; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interIocal agreement setting forth a distribution formula for dividing the proceeds of local option gas taxes among county government and all eligible municipalities within the county; and WHEREAS, on June 16, 2004, Monroe County entered into an individual Interlocal Agreement with Islamorada, Village of Islands, for the distribution of $294,500 local option gas tax revenues for each fiscal year during the term of the Agreement; and WHEREAS, on May 16, 2006, the parties agreed to extend the Interlocal Agreement - under the same terms, with the present Interlocal Agreement due to expire June 30, 2009; and WHEREAS, on May 20, 2009, Monroe County approved a county-wide Local Option Gas Tax Sharing Interlocal Agreement (the "Local Option Gas Tax Sharing Interlocal Agreement") attached hereto as Exhibit "A" with all municipalities within the County, to extend the local option gas tax revenue sharing through June 30, 2014; and .:- WHEREAs, the iri.tent of the Local Option Gas Tax Sharing lnterlocal Agreement is to provide for revenue share allocation between the County and municipalities for proceeds of the CERTIFIED COpy OF ORIGINAL existing six cent local option gas tax, and proceeds of the additional three cent local option gas tax; and WHEREAS, through the adoption of county ordinance, the Monroe County Commission has agreed to impose an additional three cent local option gas tax, and provide the municipalities with a share of the revenues, as set forth in the Local Option Gas Tax Sharing Interlocal Agreement; and WHEREAS, the Monroe County Commission has agreed to the revenue share allocation as described in the Local Option Gas Tax Sharing Interlocal Agreement; and WHEREAS, the County is also proposing a Supplemental Gas Tax Interlocal Agreement (the "Supplemental InterIocal Agreement") attached as Exhibit "B" hereto, between the County and the Village, providing for an annual supplement or payment to the Village from the gas tax proceeds received by the County, and intended to make whole the Village for the loss of the constitutional fuel tax proceeds and the difference of the distribution expected from the Local Option Gas Tax Sharing Interlocal Agreement; and WHEREAS, the Village Council finds that the approval of the Local Option Gas Tax Sharing Interlocal Agreement attached hereto as Exhibit "A", and the Supplemental Interlocal Agreement attached hereto as Exhibit "B", between Monroe County and the Village, are in the ~ best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this reference. .. 2 Section 2. Approval of Local Option Gas Tax Sharing Interlocal Agreement. The Local Option Gas Tax Sharing lnterlocal Agreement between Monroe County and the Village to provide local option gas tax sharing, a copy of which is attached as Exhibit "A", together with such non-material changes as may be acceptable to the Village Manager and approved as to form and legality by the Village Attorney, is approved. Section 3. Approval of Supplemental Gas Tax Interlocal Agreement. The Supplemental Gas Tax InterIocal Agreement between Monroe County and the Village, providing for an annual supplement payment to the Village from the gas tax proceeds received by the County, a copy of which is attached as Exhibit "B", together with such non-material changes as may be acceptable to the Village Manager and approved as to form and legality by the Village Attorney, is approved. Section 4. Authorization of Village Officials. The Village Manager and/or his designee and the Village Attorney are authorized to take all actions necessary to implement the terms and conditions of the Local Option Gas Tax Sharing Interlocal Agreement and the Supplemental Gas Tax Interlocal Agreement. Section 5. Execution of Interlocal Agreements. The Mayor is authorized to execute the Local Option Gas Tax Sharing lnterlocal Agreement and the Supplemental Gas Tax ~ Interlocal Agreement on behalf of the Village, to execute any required agreements and/or documents to implement the terms and conditions of the Agreements and to execute any extensions and/or amendments to the Agreements, subject to the approval as to form and legality by the Village Attorney. Section 6. Effective Date. This Resolution shall take effect immediately upon 4 3 .' adoption. PASSED AND ADOPTED this 11 th day of June, 2009. Motion to adopt by Vice Mayor Reckwerdt, second by Councilwoman Hill. FINAL VOTE AT ADOPTION Mayor Don Achenberg YES Vice Mayor Michael Reckwerdt YES Councilman Dave Boerner YES Councilwoman Jill Zima Borski YES Councilwoman Cathi Hill YES ATTEST: ?6~~ VILLAGE CLE APPROVED AS TO FORM AN LEGALITY FOR THE USE AND ENEFIT OF IS A ORADA, VILLAGE OF ISLANDS: ~ ~ VILLAGE ATTORNEY 4- 4 OBJECTION FROM KEY COLONY BEACH Combined Local Option Gas Tax Sharing ILA app. by BOCC 5/20/0 Hutton-Suzanne From: Mayor Ron Sutton [mayor@keycolonybeach.net] Sent: Friday, April 17, 2009 9:50 AM To: Hutton-Suzanne Subject: gas tax Suzanne, I"still would like to see the constitutional tax come back, this ILA has been in place and worked for years.lf the county needs the 1 to 5 cent tax they need to do it, but with a 5 cent local option gas tax Key colony Beach comes up $11,754.00 short. I would hope that the county would sign a separate ILA with us to get us equal to where we were with the constitutional tax if dose not happen. Thank You Ron Sutton ** NOTE: On 5/29/09, received executed Supplemental Gas Tax Sharing ILA being considered by BOCC 7/15/09 hut, as of 6/30/09; have ~till not received executed Local Option Gas Tax Sharing ILA approved by BOCC 5/2~/09 - only this objection 4/17/09. - - - .. ....