1st Supplement 07/15/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
August 5, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc(fJ;c.
A TTN:
At the July 15, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Supplemental Gas Tax Sharing Interlocal Agreement
between Monroe County and the City of Key Colony Beach.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please feel free to contact our office.
cc: Finance
File~
SUPPLEMENTAL GAS TAX
INTERLOCAL AGREEMENT
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,T IS INTERLOCAL AGREEMENT is made and entered into on the J ~ <-- day of
~~ , 2009 between Monroe County (MONROE COUNTY), a political subdivision of
the at f 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 CONSIDERA TION 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 inter local 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
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 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 TWEL VE 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. PA YMENT.
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 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 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 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 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.
Supplement Gas Tax - KCB
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SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY:
County Administrator Roman Gastesi
1100 Simonton Street
Key West, FL 33040
&
County Attorney Suzanne Hutton
P. O. Box 1026
Key West, FL 33041
KEY COLONY BEACH:
Thomas D. Wright
City Attorney for Key Colony Beach
9711 Overseas Highway
Marathon, FL 33050
&
Mayor Ron Sutton
PO Box 510141
Key Colony Beach, FL 33051
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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
ThisIl}1.~!local Agreement will take effect on October 1,2009.
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,,,'IN'''~~ WHEREOF, each party has caused this Agreement to be executed by its duly
/~~~~~~sentative.
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BOARD OF COUNTY COMMISSIONERS
OF MO.lROE COUNll', FLO~
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By: IT
Mayor/Chairman
(SEAL)
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By: ...1 f. J.. 't fi_01~,A-..-J
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Supplement Gas Tax - KCB
KEY COLONY BEACH
BY~r f~.f ~
Mayor
COUNTY ATTORNEY
PF1{)VED AS TO
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EXHIBIT A
TQtal.... Cl.lrrellt.l-lll.Js.....~.....Pennies...Prop()sf!d
Municipality
Total Proposed Proposed Proposed
Current Constitutional 3 pennies Total S +/-
3,450,778 491 ,466 659,438 4,601,682 1 , 1 50, 904
560,832 (287,099) 192,112 465,845 (94,987)
448,845 (154,345) 1 32, 1 09 426,609 (22,236)
105,214 (38, 149) 15,837 82, 902 (22,312)
45,406 (11,873) 3,825 37,358 (8,048)
1,223,944 0 455, 129 1,679,073 455, 129
5,835,019 0 1,458,450 7,293,469 1,458,450
Unin. County
Marathon
IslilrnOrada
Key Colony
Beach
Layton
Key West
Total