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Compliance Letter O~~~2~!!2E (305) 294-<4641 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 February 24, 2009 Mr. Clyde Burnett, City Manager City of Marathon 9805 Overseas Highway Marathon, FL 33050 RE: Gas Tax Sharing Interlocal Agreement Dear Mr. Burnett: r~"-- BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern Sylvia J. Murphy, Disbict 5 Kim Wigington, District 1 Heather Carruthers, Disbict 3 Mario Di Gennaro, Disbict 4 i) -, T._., "- f) r- ~ The Gas Tax Sharing Interloca1 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 sha11 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 letter for Fiscal Year 2008. The City of Marathon 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. SinC;rely, I'm {Q(i/~ ffff!l~n Executive Assistant cc: S. Hutton D. KoJhage R. Gastesi KEEFE, McCULLOUGH & CO., LLP CERTIFIED PUBLIC ACCOUNTANTS a a JOHN R. KEEFE, C.P.A. CYNTHIA L. CALVERT, C.P.A. 6550 NORTH FEDERAL HIGHWAY STEVEN H. WOODS, C.P.A. ISRAEL J. GOMEZ, C.P.A. SUITE 410 DAVID T. WILLIAMS, C.P.A. JAMES R. LARAWAY, C.P.A. JOSEPH D. LEO, C.P.A. JOHN E. McCULLOUGH, C.P.A. (RETIRED) FORT LAUDERDALE, FLORIDA 33308 WILLIAM G. BENSON, C.P.A. THOMAS T. CARPENTER, C.P.A.(RETIRED) (954) 771 -0896 KENNETH G. SMITH, C.P.A. PAUL B. SNEIDER, C.P.A. (RETIRED) LOUIS R. PROBETFO, C.P.A. BRIAN D. PINNELL, C.P.A. (RETIRED) FAX: (954) 938 -9353 ROSS S. GorrxoFFER, C.P.A. E -MAIL: lane @kmccpa.com INDEPENDENT ACCOUNTANTS' REPORT To the Honorable Mayor, and City Council City of Marathon, Florida Marathon, Florida We have examined City of Marathon, Florida's (the "City ") compliance with Section 206.47(7), Florida Statutes, governing the distribution of the Constitutional Gas Tax for the year ended September 30, 2009. Management is responsible for the City's compliance with those requirements. Our responsibility is to express an opinion on the City's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the City 's compliance with specified requirements. In our opinion, the City has complied, in all material respects, with the aforementioned requirements for the year ended September 30, 2009. This report is intended solely for the information and use of the City Council, Monroe County Board of County Commissioners and the Florida State Board of Administration and is not intended to be and should not be used by anyone other than these specified parties. /4 , 4'. - � L LA /KEEFE, McCULLOUGH & CO., LLP Fort Lauderdale, Florida April 27, 2010 CITY OF MARATHON, FLORIDA t V 10045 -55 Overseas Highway, Marathon, Florida 33050 Phone: (305) 743 -0033 Fax (305) 743 -3667 ‹a;,;,; ' ' 7. www.marathonflorida.org April 29, 2010 Mr. Danny L. Kolhage Monroe County, Florida Clerk of the Circuit Court P.O. Box 1980 Key West, Florida 33041 Dear Mr. Kolhage: Pursuant to the Gas Tax Sharing Interlocal Agreement, the City of Marathon is submitting its annual letter of compliance stating that the external auditors have examined the transactions involving the expenditure of the gas tax proceeds and that the transactions are in compliance with the applicable laws. Thank you for your assistance. Respectfully, Lfew Peter Rosasco, CPA Finance Director cc: Roger Hernstadt, City Manager Enc.