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Back-Up - MOU
1 MEMORANDUM OF UNDERSTANDING 2 3 Between 4 5 PALM BEACH METROPOLITAN PLANNING ORGANIZATION, 6 BROWARD METROPOLITAN PLANNING ORGANIZATION, 7 MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION, 8 SOUTHEAST FLORIDA TRANSPORTATION COUNCIL, 9 SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, 10 FLORIDA DEPARTMENT OF TRANSPORTATION, 11 SOUTH FLORIDA REGIONAL PLANNING COUNCIL, AND 12 TREASURE COAST REGIONAL PLANNING COUNCIL 13 14 For 15 16 TRI-RAIL COASTAL LINK SERVICE 17 18 PRELIMINARY PROJECT DEVELOPMENT, PROJECT DEVELOPMENT, 19 ENGINEERING AND CONSTRUCTION PHASES; FUNDING; 20 PUBLIC OUTREACH; PROJECT SPONSORSHIP; AND OPERATING AGENCY 21 22 23 This Memorandum of Understanding (MOU) is entered into by and among the Palm Beach 24 Metropolitan Planning Organization (Palm Beach MPO), Broward Metropolitan Planning 25 Organization (Broward MPO), Miami -Dade Metropolitan Planning Organization (Miami -Dade 26 MPO), Southeast Florida Transportation Council (SEFTC), Florida Department of 27 Transportation (FDOT), South Florida Regional Transportation Authority (SFRTA), South 28 Florida Regional Planning Council (SFRPC), and Treasure Coast Regional Planning Council 29 (TCRPC). Hereinafter, these agencies are referred collectively as the "Parties." 30 31 The Parties wish to continue the efforts already underway to improve mobility in the region 32 which have involved unprecedented state, regional and local stakeholder collaboration and 33 coordination, including the Parties' ongoing efforts to identify optimum multimodal alternatives 34 for a balanced transportation system and to support local and regional land use plans. 35 36 The development of a multimodal transportation system within the southeast Florida region 37 involves numerous transportation agencies and stakeholders and is a complex undertaking. Each 38 of the Parties brings unique knowledge, skills, and abilities which are necessary for successful 39 completion and ultimate implementation of the Project. 40 The Parties acknowledge the potential transportation, economic, social, and environmental 41 benefits of the reintroduction of passenger service along an 85-mile section of the Florida East Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 1 of 14 42 Coast ("FEC") Railway corridor between downtown Miami and Jupiter. The proposed premium 43 transit service generally described by the on -going South Florida East Coast Corridor ("SFECC") 44 Study has been named, by agreement of the parties, the Tri-Rail Coastal Link Service (the 45 "Project"). 46 The Project will connect the urban core of 28 densely -populated municipalities in eastern Miami- 47 Dade, Broward, and Palm Beach Counties. It will improve north -south mobility, encourage 48 stronger east -west connections, promote redevelopment and revitalization, enhance and integrate 49 existing Tri-Rail service, and enhance freight movement. Reintroducing passenger service in the 50 FEC corridor will provide an efficient option to driving on congested streets and highways and a 51 much -needed integrated transportation link. 52 The Palm Beach MPO, Broward MPO, and Miami -Dade MPO (collectively referred to herein as 53 the "MPOs") have allocated funding towards the Project. It is acknowledged the Project will 54 require certain approvals consistent with the Federal planning role of MPOs, including the 55 Project's placement into the local and regional fiscally -constrained Long Range Transportation 56 Plans (LRTPs) and the determination of a "Locally Preferred Alternative" (LPA). 57 58 Exhibit "A" of this MOU identifies the roles and responsibilities of the major items, work tasks, 59 and project phases associated with implementation of the "Project," which will include the 60 following: Preliminary Project Development; Project Development; Engineering; Construction; 61 Funding; Public Outreach; Project Sponsorship (with the Federal Transit Administration (FTA), 62 which is anticipated to be the lead federal agency); and Operations. 63 64 The purpose of this MOU is to develop a multi -agency partnership for undertaking the Project. 65 This includes, but is not limited to: 66 67 • Establishing an Executive Steering Committee and Sub -Committees with specific responsibilities 68 and regularly scheduled meetings, 69 • Clarifying the roles and responsibilities of the Parties relative to the Project, 70 • Clarifying the involvement of the Parties relative to the Project, 71 • Improving the efficiency by which Project activities are conducted, 72 • Scheduling regular Project updates to the involved Boards and agencies as deemed necessary by 73 the Executive Steering Committee, 74 • Presenting and advancing the Project with a unified voice, 75 • Coordinating technical studies and evaluations, 76 • Coordinating outreach to the public, municipalities, and other involved stakeholders, 77 • Collaborating on innovative approaches to a Funding Framework for the Project, 78 • Maximizing the Region's competitiveness in securing potential Federal funding for the project, 79 • Clarifying communication/coordination with the involved privately owned railroads, and 80 • Managing the funding and administration relating to the Project. Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 2 of 14 81 The Parties hereby mutually agree and express their understanding of the following components: 82 1. Executive Steering Committee: Prior to the beginning of the Project Development 83 Phase, the Parties shall establish an Executive Steering Committee to provide guidance 84 and direction for the Project and to serve as a liaison to their respective agencies. The 85 Parties shall select up to two senior level representatives to serve as members of the 86 Committee, and all Parties shall participate fully in this Committee, including providing 87 staff and technical support to the Committee as deemed necessary. The Executive 88 Steering Committee is intended to include additional representation from the three county 89 transit agencies to provide strategic input on regional and local transportation issues. The 90 Executive Steering Committee should meet no less than bi-monthly to discuss Project 91 status, issues facing the Project and to develop strategies for resolving Project -related 92 challenges. 93 94 2. Project Roles and Responsibilities: The roles and responsibilities of the Parties in 95 conducting the Project shall be as follows: 96 97 A. All Parties shall ensure that the Project is coordinated and consistent with all local, 98 regional, and state transportation plans. 99 100 B. All Parties shall seek to reach consensus on key project issues and work cooperatively 101 towards resolving any conflicts that may arise. 102 103 C. All Parties shall ensure that the overall Project Development milestone schedule (two 104 year required timeline by FTA) is maintained throughout the project. A schedule with 105 key milestones (FTA documentation, public meetings, etc.) will be developed by 106 FDOT and reviewed by the Executive Steering Committee. The Sub -Committees will 107 ensure project development activities are consistent with the overall Project 108 Development schedule. 109 110 D. SFRTA will coordinate with FDOT on the rail operations planning and engineering to 111 support the analysis of alternatives, particularly as it affects existing commuter rail 112 services. 113 114 E. FDOT and SFRTA will jointly present regular Project updates quarterly to the MPOs, 115 SEFTC, and SFRTA boards and semi-annually to the SFRPC and TCRPC boards. 116 117 F. Executive Steering Committee: FDOT will coordinate the Executive Steering 118 Committee as described above, in collaboration with SFRTA, through the Project 119 Development Phase. SFRTA will coordinate the Executive Steering Committee, in Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 3 of 14 120 collaboration with FDOT, through the Engineering and Construction Phases. 121 Additional technical input as appropriate will be coordinated with Florida East Coast 122 Industries (FECI). The Executive Steering Committee will report back to the MPOs 123 and SEFTC for local and regional direction. 124 125 G. Project Sub -Committees: Three Sub -Committees will serve under the Executive 126 Steering Committee to facilitate more detailed discussions about certain aspects of the 127 project as follows: 128 129 a. The Financial Sub -Committee, to be coordinated by the SFRTA, will develop 130 a financial and funding plan for the Project, including local contributions. 131 b. The Technical Sub -Committee, to be coordinated by the FDOT, will review 132 and discuss the numerous technical details of the project. 133 c. The Public Outreach Sub -Committee, to be coordinated by the Regional 134 Planning Councils (RPCs), will craft and disseminate materials for general 135 public outreach efforts. 136 137 All Sub -Committees shall utilize the technical resources of the Project team to ensure 138 information and data consistency. 139 140 All Sub -Committees shall report back to the Executive Steering Committee. 141 142 All Sub -Committees shall include representation by the three MPOs. 143 144 H. Preliminary Project Development Phase: FDOT shall have the primary 145 responsibility to lead and complete the Preliminary Project Development Phase, 146 including the completion of the "South Florida East Coast Corridor Study." This 147 study, which represents "preliminary project development" (formerly known as an 148 "alternatives analysis"), includes the traditional steering of the planning activities 149 leading to a formal request to Federal Transit Administration (FTA) for the project to 150 enter the "project development" phase (which includes the NEPA process). SFRTA, 151 in conjunction with FDOT and the MPOs, will transmit a letter to FTA on behalf of 152 the Parties requesting entry into the Project Development Phase and indicating the 153 SFRTA will be the future Project Sponsor. Concurrence from the MPOs shall be 154 secured for the Project prior to this request to FTA. 155 156 During the Preliminary Project Development and Project Development Phases, FDOT 157 shall serve as contract manager for the Project, administer Project funds, oversee all 158 technical and environmental components, and insure that the Project's procurement 159 process is consistent with applicable federal, state and local regulations and that Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 4 of 14 160 appropriate billing procedures are implemented. FDOT will coordinate directly with 161 SFRTA for technical support, as well as Project presentations, workshops, and 162 hearings. General oversight for the Project will be provided by SEFTC. 163 164 I. Project Development Phase: FDOT shall have the primary responsibility for 165 completing all activities associated with the Project Development Phase, including 166 the National Environmental Policy Act (NEPA) process. FDOT will coordinate this 167 effort directly with the SFRTA, including technical support and all presentations, 168 workshops, and hearings. Following approval of an LPA by the Palm Beach MPO, 169 Broward MPO, and Miami -Dade MPO, FDOT shall submit final NEPA 170 documentation to FTA. Upon approval of the NEPA document, SFRTA, on behalf of 171 the Parties, shall submit a request to FTA to enter the Engineering Phase. 172 173 FDOT and the SFRTA will coordinate with the Executive Steering Committee 174 regarding coordination with local governments addressing station locations, land use, 175 future transit oriented development opportunities, and related matters. Additional 176 technical input as appropriate will be coordinated with FECI. 177 178 J. Design, Engineering and Construction Phases: SFRTA shall have the primary 179 responsibility to lead the Engineering and Construction Process. SFRTA will 180 coordinate this effort directly with FDOT. Oversight for this Process will be provided 181 by the Executive Steering Committee. Prior to the submittal of an FTA request to 182 advance the Project into the Engineering Phase, the Project shall be endorsed by the 183 MPOs, and it shall be included in the "Cost Feasible" plans of the MPOs and SEFTC 184 (referred to as "fiscally constrained plans" in the MAP-21 legislation). 185 186 K. Public Outreach Process: 187 188 a. General Public Outreach: SFRPC and TCRPC shall have the primary 189 responsibility for the coordination and implementation of a general public 190 outreach and education program. This shall include development and 191 facilitation of a "Corridor Coalition" to assist with identification of project 192 leaders, provide project advocacy, and secure public input. The RPCs will 193 provide all public materials to FDOT for review to ensure NEPA compliance. 194 A public involvement schedule for NEPA requirements (public meetings, 195 advertising deadlines, etc.) will be developed by FDOT and coordinated with 196 the RPCs. FDOT will retain responsibility for responding to and maintaining 197 records for all public comments during the NEPA process. The public 198 outreach effort will be supported by and coordinated with FDOT, SFRTA, 199 SEFTC, and the MPOs. Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 5 of 14 200 201 b. Procedural Public Outreach: The lead coordinating agency responsible for 202 a particular phase of the Project (e.g., FDOT for the Project Development 203 Phase; SFRTA for the Engineering and Construction Phases) will facilitate the 204 required procedural public outreach for said phase (e.g., NEPA public 205 hearings, notices mailed to affected property owners). The RPCs will provide 206 assistance for this specific public outreach as appropriate. All public outreach 207 activities will be coordinated with the Executive Steering Committee. 208 209 L. Negotiations with Florida East Coast Industries (FECI): Speaking with a "unified 210 voice" for the Region, FDOT and SFRTA shall be equally responsible for 211 negotiations with Florida East Coast Industries (FECI) regarding all aspects of the 212 Tri-Rail Coastal Link service. Both FDOT and SFRTA will provide legal and 213 technical support as necessary for completion of negotiations. 214 215 M. Project Finance Plan: Through the Executive Steering Committee, FDOT shall 216 have the primary responsibility to develop a general funding framework which will 217 include anticipated federal, state, and local shares. Through the Financial Sub- 218 Committee, SFRTA shall have the primary responsibility for project financing, 219 including the development of a conceptual project finance plan that addresses capital 220 costs, access fees, operations/maintenance costs, and local contributions. FDOT and 221 SFRTA will collaborate upon these efforts, which will occur simultaneously 222 throughout the course of the Project. The Project Finance Plan will be coordinated 223 with and integrated into ongoing MPO finance planning and be presented to the 224 MPOs for approval. Approval will be sought by the Executive Steering Committee 225 and all affected funding parties at the federal, state, county, and municipal levels, as 226 well as other sources that may be identified, and ultimately brought to the MPOs for 227 inclusion in their Cost Feasible Plans and Transportation Improvement Plans (TIPs) 228 per federal law. 229 230 N. Project Funding: Funding for the Project Development Phase of the Project is 231 included in the FDOT five-year work program. The Executive Steering Committee 232 shall pursue all sources of capital money to fund the remaining phases of Engineering 233 and Construction. Operations and maintenance costs shall be a local and regional 234 responsibility. FDOT shall have no obligations to fund operations and maintenance 235 costs for the Project. 236 237 O. Federal Funding Application Process: SFRTA shall have the primary 238 responsibility for negotiating and acquiring a Full Funding Grant Agreement (FFGA) 239 with the FTA, should the project require New Starts/Small Starts or capital funding Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 6 of 14 240 through the FTA. SFRTA will be identified as the Project Sponsor and "Designated 241 Recipient" for the award of any Federal funds for the Project. FDOT will be 242 responsible for assembling the project information and producing all technical 243 documentation for entry into the Project Development and Engineering Phases, 244 including New Starts technical worksheets and data. SFRTA will review all project- 245 related documentation prior to its submittal to FTA. 246 247 Once the Project is approved to enter the Project Development Phase, FDOT, in 248 coordination with SFRTA, will lead all technical discussions with FTA through the 249 Project Development Phase. Once the Project is approved to enter the Engineering 250 Phase, SFRTA, in coordination with FDOT, will lead all technical discussions with 251 FTA once the Project is approved for the Engineering Phase. 252 253 Additional technical input as appropriate will be coordinated with FECI. General 254 oversight for all Federal funding applications will be provided by the Executive 255 Steering Committee. 256 257 P. Operations Phase. The Project is anticipated to result in expanded and integrated 258 commuter rail passenger service on the South Florida Rail Corridor (Tri-Rail) as well 259 as new service on the FEC rail corridor (Tri-Rail Coastal Link) and that these services 260 would become an important part of the regional transportation system. Accordingly, 261 it is the intent of all Parties that SFRTA be the Operating Agency of the Tri-Rail 262 Coastal Link commuter rail passenger service in South Florida and that it have the 263 primary responsibility for the service. 264 265 The various components of the SFECC Project Process, as identified above, are 266 illustrated in the graphic contained in Exhibit A. 267 268 3. Involvement by the Parties in the Project: The Project shall be conducted with the 269 involvement of, and in cooperation with, the Parties at each stage of the Project. 270 Approval from the Executive Steering Committee must be obtained at each of the major 271 Project milestones. The major milestones for the purposes of the MOU on this Project 272 include: 273 274 A. Board Meeting Presentations 275 B. FTA Presentations 276 C. Strategy and schedule for the Project Development and related environmental analysis 277 for the Project under NEPA 278 D. Submission of the Project Development letter and supporting documentation to FTA 279 for the Project Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page7of14 280 E. Development and refinement of the Build Alternatives for the NEPA process 281 F. Preliminary funding plan with the regional stakeholders 282 G. Endorsement from MPOs prior to requesting FTA approval to enter Project 283 Development and/or Engineering Phases 284 H. Public Workshop and Hearing materials for the NEPA process 285 I. Executive Steering Committee recommendation of an LPA to the MPOs 286 J. Submission of the draft NEPA document to the FTA 287 K. Schedule for the Next Phase of the Project Process, Engineering, in compliance with 288 FTA requirements including the preliminary funding plan for the Project 289 290 4. Through this MOU, the Parties express their mutual intent to move in a diligent, efficient, 291 and thorough manner to develop the Project, but understand that this MOU is, by its 292 nature, an understanding outlining commitments to be made in this process and the 293 Parties understand and agree that notwithstanding anything to the contrary contained in 294 this MOU, this MOU shall impose no legally enforceable contractual obligations or other 295 obligations on any of the Parties. Each of the parties agrees to pursue maximum 296 cooperation and communication to ensure that the planning, design, financing, and 297 implementation of passenger rail service fully complies with applicable federal and state 298 requirements and results in a minimum duplication of effort. 299 300 5. This MOU shall take effect when approved by all Parties on the last date shown below, 301 and shall expire upon Project Implementation or upon sixty (60) days notice of 302 termination by any Party. The Understanding may be extended in writing by the Parties. 303 304 305 Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 8of14 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 By: 332 333 334 335 336 APPROVED AND ADOPTED by each Party on the date shown below: FOR THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION The foregoing Memorandum of Understanding was offered by vi re. ehi r ei th James who moved its adoption. The motion was seconded by comm Paulette Burdick , and upon being put to a vote, the motion passed. The Chair thereupon declared the Memorandum of Understanding duly adopted this 1 6th day of May 2013. PALM BEACH METROPOLITAN PLANNING ORGANIZATION By: AT 1ST: By: APPROVE AS TO FORM AND LEGAL SUFFICIENCY Executive Secretary Assistant ounty Attorney Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 9 of 14 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 By: 353 354 355 356 This 357 358 359 360 361 362 363 364 365 366 367 368 FOR THE BROWARD METROPOLITAN PLANNING ORGANIZATION AGREEMENT BETWEEN THE BIVIPO AND OTHER REGIONAL PARTIES FOR A MEMORANDUM OF UNDERSTANDING FOR THE TRI-RAIL COASTAL LINK PARTNERSHIP IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: MPO, signing by and through its Chair and Executive Director, attested to and duly authorized to execute same. Richard Blattner, Chair day of Li MP B titiV 1/4 OLITAN ZATION xecutive Director , 2013. This q day of (V) 4-y 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF AND RELIANCE BY THE MPO ONLY: MPO General Counsel Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 10 of 14 369 FOR THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION 370 371 AGREEMENT BETWEEN THE MIAMI-DADE MPO AND OTHER REGIONAL PARTIES 372 FOR A MEMORANDUM OF UNDERSTANDING FOR THE TRI-RAIL COASTAL LINK 373 PARTNERSHIP 374 375 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the 376 respective dates under each signature: MPO, signing by and through its Chairwoman and Executive 377 Director, attested to and duly authorized to execute same. 378 379 380 381 382 383 384 385 By: By: 386 Rebeca Sosa, Ch trwoman Irm"'Sa4-.Roma.n, Interim Director 387 388 389 This 23rd day of 390 391 392 APPROVED AS TO FORM AND LEGAL 393 394 395 396 397 398 399 400 401 402 403 FOR THE SOUTHEAST FLORIDA TRANSPORTATION COUNCIL 404 405 The Chair thereupon declared the Memorandum of Understanding duly adopted this 22°d day of 406 Apri12013. 407 408 409 410 411 412 By: 413 414 415 416 SUFFICIENCY: Assistant County Attorney May , 2013. MPO MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION This 23rd day of May , 2013. SOUTHEAST FLORIDA TRANSPORTATION COUNCIL Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 11 of 14 417 FOR THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY 418 419 SOUTH FLORIDA •REGIONAL TRANSPORTATION AUTHORITY, through its 420 GOVERNING BOARD, signing by and through its Chair, authorized to execute same by Board 421 action on the 26th day of April, 2013 422 423 SFRTA: 424 425 By: 426 427 428 Giu, 'ern ExetWe Director 439 5 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 APPROVED AS TO FORM: FOR THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Fred Wise, Executive Director, Florida Rail Enterprise Legal Review: Date Tri-Rail Coastal Link Partnership Memorandum ofUnderstanding - Roles & Responsibilities FINAL Page 12 of 14 456 FOR THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL 457 458 459 460 461 462 463 464 Paul 'Wallace, Esq. 465 466 467 468 469 FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL 470 471 472 473 474 475 476 477 478 479 480 481 ,40,411 DU ADOPTED by the South Florida Regional Planning Council this oifo day of 2013. Chairman DULY ADOPTED by the Treasure Coast Regional Planning Council this 2013. Peter O'Bryan Chaimian Michael J. Bsha Executive Director day of TH-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 13 of 14 482 483 484 485 486 487 488 489 490 491 492 493 494 EXHIBIT A Graphic Illustration of the Roles, Process & Timeline for the "Tri-Rail Coastal Link" Service AP© Attiai sfon of PN) t FeasthIe `F Tri-Rail Coastal Link Partnership Memorandum of Understanding - Roles & Responsibilities FINAL Page 14of14