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Compliance Letter - aicv SMITH, ORTIZ, GOMEZ AND BUZZI,P.A. CERTIFIED PUBLIC ACCOUNTANTS 132 MINORCA AVENUE CORAL GABLES, FLORIDA 33134 TEL. (305) 441-1012 FAX(305) 442-1138 JULIO M.BUZZI,C.P.A. MEMBERS: ANTONIO E.GOMEZ,C.P.A. AMERICAN INSTITUTE OF FERNANDO L.ORTIZ,C.P.A CERTIFIED PUBLIC ACCOUNTANTS JOSE E.SMITH FLORIDA INSTITUTE OF RODOLFO L.ORTIZ,CONSULTANT CERTIFIED PUBLIC ACCOUNTANTS May 20, 2008 Dany L. Kolhage, Clerk Clerk of the Circuit Court • P.O. Box 1980 Key West, FL 33041 Re: City of Key Colony Beach Gas Tax Sharing Interlocal Agreement • Dear Sir: We have audited the general purpose financial statements of the City of Key Colony Beach (the "City") for the year ended September 30, 2007, and have issued our reports thereon.. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance with Gas Tax Sharing Interlocal Agreement As part of obtaining reasonable assurance about whether the City's general purpose financial statements are free of material misstatement and the provisions of their Gas Tax Sharing Interlocal Agreement with Monroe County, we examined the transactions involving expenditures of the gas tax proceeds of the City and the transactions are in compliance with applicable laws. • This correspondence is intended solely for the purpose of compliance with the terms of the Gas Tax Sharing Interlocal Agreement with Monroe County and is not intended to be and should not be used by anyone other than these specified parties. Sincerely, SMITH, ORTIZ, GOMEZ and BUZZI, P.A. Cc: City Clerk, City of Key Colony Beach 1 $OARD OF COUNTY COMMISSIONERS --e. ;i ��_ Mayor George Neugent,District 2 C UNTYfMON ROE WiMayor Pro Tern Sylvia J.Murphy,District 5 -� � IGm gington,District 1 KEY WEST FLORIDA 33040 ;�� `'� - ¶ Heather Carruthers,District 3 (305)294-4647 Y+ F •V'�' `�'; _ Mario Di Gennaro,District 4 itf+,1- 1{� J' 7 Engineering Services The Historic Gato Cigar Factory 110o Simonton Street,Suite 2-216 Key West, Florida 33o4o 305-292-4426 office 305-295-4321 fax February 24, 2009 Thomas D.Wright, City Attorney City of Key Colony Beach 9711 Overseas Highway Marathon,FL 33050 RE: Gas Tax Sharing Interlocal Agreement Dear Mr.Wright: 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 2007 and for Fiscal Year 2008. The City of Key Colony Beach 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 maybe sent to: Mr. Danny L. Kolhage Clerk of the Circuit Court PO Box 198o Key West, FL 33o41 If you have any questions,please feel free to contact our office,or Ms.Suzanne Hutton, County Attorney, at 305-292-3470. Sincerely, A ' . Pearson Executive Assistant cc: S.Hutton Kolhaged R.Gastesi * BOARD OF COUNTY COMMISSIONERS Mayor George Neugent,District 2 C . COUNTYMON ROE Mayor Pro Tern Sylvia J. Murphy,District 5 - , -�__�—�'" IGm wgington, District 1 KEY WEST FLORIDA 33040 �':� .`'�. `"' Heather Carruthers,District 3 (30S)294-4641 La, .` 'V"� ^ '+'F ^7� Mario Di Gennaro,District 4 r 1 LVA1 la l Engineering Services The Historic Gato Cigar Factory ,n 1100 Simonton Street,Suite 2-216 Key West, Florida 3304o 1 - ' 3o5-29z-4426 office 305-295-4321 fax February 24, 2009 City Manager City of Key Colony Beach PO Box 510141 Key Colony Beach, FL 33051 RE: Gas Tax Sharing Interlocal Agreement Dear City Manager: 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 2007 and for Fiscal Year 2008. The City of Key Colony Beach 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. Sincerely, A M. Pearson Executive Assistant cc: S. Hutton AD;Kolfiage- R Gastesi