2nd Amendment 07/20/2022 GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: August 5, 2022
TO: Judith Clarke, PE, Director
Engineering/Roads &Bridges
ATTN: Nicole Twyrnan
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 20th BOCC Meeting
The following item has been executed and added to the record:
C9 2nd Amendment to the Gas Tax Sharing Interlocal Agreement(ILA) to update the
percentage distributions for the 5-cent local option gas tax to include the 2020 Census Data and for
the 6-cent Local Option Gas Tax to include the transportation expenditures for the last five Fiscal
Years. The population and transportation expenditures methodology were previously agreed upon
the by the County and Cities.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AMENDMENT TWO TO LOCAL OPTION GAS TAX SHARING INTERLOCAL
AGREEMENT
THIS AMENDMENT TWO TO THE LOCAL OPTION GAS TAX SHARING
INTERLOCAL AGREEMENT is made and entered into as of this 20th day of July 2022, between
Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and
the City of Key West, a municipal corporation organized and existing under the laws of the State
of Florida, (hereinafter Key West) and the City of Key Colony Beach, a municipal corporation
organized and existing under the laws of the State of Florida, (hereinafter Key Colony Beach); and
the City of Layton, a municipal corporation organized and existing under the laws of the State of
Florida, (hereinafter Layton); and the City of Marathon, a municipal corporation organized and
existing under the laws of the State of Florida, (hereinafter Marathon), and the City of Islamorada,
The Village of Islands, a municipal corporation organized and existing under the laws of the State
of Florida, (hereinafter Islamorada) or collectively referred to as CITIES.
WHEREAS, the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing
Interlocal Agreement (herein after referred to as "ILA") dated May 20, 2009 in accordance with
F.S. 336.025 setting forth a distribution formula for dividing the 6-cents and 5-cents proceeds of
the gas tax among the County and all eligible municipalities within Monroe County; and
WHEREAS, in accordance with F.S. 336.025(1)(d), the ILA was amended August 19,
2020 to add a provision for periodic review whereby the local government entities will meet every
two years to review and evaluate the method of distribution in accordance with the Statute; and
WHEREAS, the County and Cities representatives have met and agreed to update the
distribution formula for the 5-cent local option gas tax distribution that is based upon population
to include the 2020 census data and to incorporate the transportation expenditures for each local
government for the last five fiscal years for the 6-cent local option gas tax distribution; and
WHEREAS, Section 10. NOTICES of the ILA will be amended and updated to reflect the
individuals currently holding COUNTY and CITY positions;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree to amend the ILA as follows:
1. Section 3. Revenue Share Allocation shall be amended to read as follows:
SECTION 3. REVENUE SHARE ALLOCATION
All parties agree that the distribution of the 6-cent local option gas tax,imposed by County
Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as extended by
Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a),Florida Statute shall be
distributed based upon the transportation expenditures for the last five fiscal year among
the COUNTY and CITIES as follows:
Distribution
City of Key West 28.3%
City of Key Colony Beach 0.5%
Page 1 of 8
Amendment Two to ILA-Local Option Gas Tax Sharing
City of Layton 0.12%
City of Marathon 5.3%
The Village of Islamorada 9.2%
Monroe County 56.5%
B. All the parties agree that the 5-cent local option gas tax, imposed by County Ordinance
No. 016-2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b),
Florida Statute shall be distributed based upon population (current 2020 census data)
among the COUNTY and CITIES as follows:
Distribution
City of Key West 31.91%
City of Key Colony Beach 0.95%
City of Layton 0.25%
City of Marathon 11.69%
The Village of Islamorada 8.58%
Monroe County 46.62%
2. Section 10 of the ILA shall be amended as follows:
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 Robert B. Shillinger
P. O. Box 1026
Key West, FL 33041
KEY COLONY BEACH:
City Manager Dave Turner
P.O. Box 510141
Key Colony Beach, FL 33051
Mr. Dirk Smits, Esq
City Attorney for Key Colony Beach
81990 Overseas Highway, Third Floor
Islamorada, FL 33036
MARATHON:
George Garrett, City Manager&
City Attorney Steve Williams
9805 Overseas Highway
Marathon, FL 33050
Page 2 of 8
Amendment Two to ILA-Local Option Gas Tax Sharing
ISLAMORADA:
City Manager&
Roget V. Bryan, Village Attorney
86800 Overseas Highway
Islamorada, FL 33036
LAYTON:
Mayor Bruce Halle
PO Box 778
Long Key, FL 33001
Mr. Dirk Smits, Esq
City Attorney for Layton
81990 Overseas Highway, Third Floor
Islamorada, FL 33036
KEY WEST:
City Manager-Patti McLauchlin&
City Attorney Shawn Smith
P. O. Box 1409
Key West, FL 33041
3. All other terms and conditions of the ILA dated May 20, 2009, as amended, remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL) (0� BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLER�'t OF MONROE OUN y,FLORIDA
18 23 e9,
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By A N•IJ i�11 /�= }}"'z1e. f rl .
As Pe.uty Cl j k7. ) 4 Mayor/Chairpe on
.a.. P9. y0
,M
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Gn
MONROE COUNTY ATTORNEY
„ `11i��r 1717/1?E A.1
CHRISTINEilMTEERTEARROWS;
ASSISTANT COUNTY ATTORNEY
DATE: " 6/22/22
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Amendment Two to ILA-Local Option Gas Tax Sharing
ll�l IR7. xW
(SEAL) CITY OF KEY WEST
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(SEAL) CITY CAE KEY COLONY LEACH
ATTE "
By y:
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Amendment Two to ILA- Local Cation Cray Tax Sharing
(SEAL) CITY OF LAYTON
A� S . ..
Clem ) �, „m, Mayor
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Amendment Two to ILA- Loral Option Gas Tax Sharing
(SEAL) CITY OF MARATHON
ATTEST:
Uoxu AD
Clerk Mayor
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Amendment Two to ILA- Local Option Gas Tax Sharing
(SEAL) CITY OF ISLAMORADA, VILLAGE
ISLANDS
ATTEST:
_. By: '
Clerk Mayor
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Amendment Two to ILA®Leal Option Gas Tax Sharing