Compliance Letter
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(305) 294-4641
Engineering Services
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
305-292-4426otBee
305-295-4321 fax
February 24, 2009
City Manager
City of Layton
PO Box 778
Long Key, FL 33001
RE: Gas Tax Sharing Interlocal Agreement
Dear City Manager:
(-..-- BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern Sylvia J. Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario OJ Gennaro, District 4
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The Gas Tax Sharing Interlocal Agreement, which was effective retroactive to October 1, 2004, states in
Section 7( d) that "Each municipality shall include in its contract with its internal 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 and that the transactions are in
compliance with applicable laws." Those gas tax funds that are detennined to have been spent on a purpose
not contemplated by this agreement must be paid back to the County with interest.
Failure to provide the annual letter of compliance shall be deemed a breach for which this agreement may be
terminated by the County, pursuant to Section 17 "Tennination.. In accordance with Section 17, the County is
providing 90 days written notice of the breach of this agreement for failure to provide the annual compliance
letters for Fiscal Year 2005 and Fiscal Year 2007. The City of Layton has a period of 45 days within which to
cure this breach of the agreement, by providing the aforementioned letters to the Monroe County Clerk's
Office. Failure to do so will result in termination of this agreement in accordance with Section 17.
Compliance letters may be sent to:
Engineering Services
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
305-292-4426 office
305-295-4321 fax
(-- --- BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, Disbict 2
Mayor Pro Tem Sylvia J. Murphy, District 5
Kim Wigington, Disbict 1
Heather Carruthers, Disbict 3
Mario Di Gennaro, District 4
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(305) 294-4641
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February 24, 2009
Mr. Dirk M. Smits, City Attorney
City of Layton
81990 Overseas Highway, 3rd floor
Islamorada, FL 33036
RE: Gas Tax Sharing Interloca1 Agreement
Dear Mr. Smits:
The Gas Tax Sharing Interlocal Agreement, which was effective retroactive to October 1, 2004, states in
Section 7( d) that "Each municipality shall include in its contract with its internal 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 and that the transactions are in
compliance with applicable laws." Those gas tax funds that are determined to have been spent on a purpose
not contemplated by this agreement must be paid back to the County with interest.
Failure to provide the annual letter of compliance shall be deemed a breach for which this agreement may be
terminated by the County, pursuant to Section 17 "Termination." In accordance with Section 17, the County is
providing 90 days written notice of the breach of this agreement for failure to provide the annual compliance
letters for Fiscal Year 2005 and Fiscal Year 2007. The City of Layton has a period of 45 days within which to
cure this breach of the agreement, by providing the aforementioned letters to the Monroe County Clerk's
Office. Failure to do so will result in termination of this agreement in accordance with Section 17.
Compliance letters may be sent to:
Mr. Danny L. Kolhage
Clerk of the Circuit Court
PO Box 1980
Key West, FL 33041
If you have any questions, please feel free to contact our office, or Ms. Suzanne Hutton, County Attorney, at
305-292-3470.
Sin~ U /JJl.~
Ap~ft!!n
Executive Assistant
cc: S. Hutton
D. IColhage
R. Gastesi