07/01/2009 to 06/30/2014 1st Supplement 07/15/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 27, 2009
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy M Peters
Executive Assistant
Pamela G. Hancr{jJ;;c.
FROM:
At the July 15, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Supplemental Gas Tax lnterlocal Agreement between
Monroe County and the City of Marathon.
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
IS INTERLOCAL AGREEMENT is made and entered into on the ) 5fh day of
, 2009 between Monroe County (MONROE COUNTY), a political subdivision of
the at fFlorida, 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 Momoe 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 Momoe 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 Momoe 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 - Marathon
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 S. 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 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. SUBORDINA TION. 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 WS/VENUE. 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 - Marathon
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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
MARATHON:
Mayor Mike Cinque
81990 Overseas Highway, 2nd Floor
Marathon, FL 33050
&
City Attorney Jimmy Morales
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 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
~~~a1 Agreement will take effect on October 1, 2009.
,.e;~~!~~~,:-
.;fi 1 ~~~HEREOF, each party has caused this Agreement to be executed by its duly
f~. 0 ';\i~~n.: tative.
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Supplement Gas Tax - Marathon
BOARD OF COUNTY COMMISSIONERS
OF MOIROE COUNTY, FLORIDA
By: ,s.-;,- L:.. 'rJoI.A4., e.Q-..
Mayor/Chairman
By:
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EXHmIT A
TetalQIt1eM'" ",.....,,:...'.....
Municipality
Total
Current
Proposed
Constitutional
Proposed
3 pennies
Proposed
Total
S +/-
Unin. County
MIlraIhon
1s~.11Im
*"~
.....
Layten
Key West
Total
3,450,n8 491,466 659,438 4,601,682 1,150,904
560,832 (287,099) 192, 112 465,845 (''',987)
448,845 (154,345) 132,109 426,609 (22,23'6)
105,214 (38, 149) 15,837 82,902 (2.2,312)
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