HomeMy WebLinkAboutExhibit - MOUMEMORANDUM OF UNDERSTANDING
Betvveeu
CITY OF MIAMI BEACH, FLORIDA,
CITY OF MIAMI, FLORIDA,
MIAMI-DADE COUNTY, FLORIDA
And
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT #6
For
BEACH CORRIDOR DIRECT CONNECTION PROJECT
NEPA ENVIRONMENTAL STUDIES, PROJECT DEVELOPMENT, ENGINEERING
AND CONSTRUCTION PHASES; FUNDING; PROJECT SPONSORSHIP; AND
OPERATING AGENCY
This Memorandum of Understanding ("MOU") is made and entered into this day of
2016 by and between the City of Miami Beach, Florida ("Beach"), the City
of Miami, Florida ("City"), Miami -Dade County, Florida ("County"), and the Florida
Department of Transportation, District 6 ("FDOT"), collectively known as the "Parties."
WHEREAS, the Parties wish to continue the efforts already underway to improve
regional mobility which has involved local, regional, and state stakeholder collaboration
and coordination; and
WHEREAS, such efforts include the Parties' ongoing identification of optimum
multimodal alternatives for a balanced regional transportation system, and the defining of
regional and local projects that support transit -oriented development through effective
transportation and land use planning; and
WHEREAS, the development of a multimodal transportation system within the
southeast Florida region involves numerous transportation agencies and `stakeholders and
is a complex undertaking; and
WHEREAS, each of the Parties has unique skills and abilities which are
necessary for the successful implementation of the Beach Corridor Direct Connection
Project (formerly known as BayLink), a fixed guideway corridor project between
downtown Miami near the Goveriuuent Center, to the Miami Beach Convention Center
via the MacArthur Causeway (the "Project"); and
WHEREAS, the Parties acknowledge the potential transportation, economic,
social, and environmental benefits of the introduction of a passenger rail service linking
downtown Miami with the Convention Center in Miami Beach; and
WHEREAS, the project is identified in the Miami -Dade 2040 Long Range
Transportation Plan (LRTP) as a Priority III partially funded project for Preliminary
Engineering and Right -of -Way phases, and portions of the Project are included in the
Beach, City, and County transportation plans and programs; and
WHEREAS, the Project will improve east -west mobility, promote redevelopment
and revitalization, enhance and integrate existing Miami -Dade Transit services, and
improve circulation in the two downtown areas by introducing passenger service in the
Project corridor as an efficient alternative to driving on congested streets and highways;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the Parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this MOU is to develop a multi -agency partnership for undertaking
the Project, especially as to the National Environmental Policy Act (NEPA) process and
Project Development activities. This includes, but is not limited to:
• Clarifying the roles and responsibilities of the Parties relative to the Project;
• Clarifying the involvement of the Parties relative to the Project;
• Identifying Project funding;
• Improving the efficiency by which Project activities. are conducted;
• Establishing a Project Advisory Committee ("PAC") with specific responsibilities
and regularly scheduled meetings;
• .Scheduling regular Project updates to the involved Boards and agencies as
deemed necessary by the PAC ;
• Presenting and advancing the Project with a unified voice;
• Coordinating technical studies and evaluations;
• Coordinating outreach to the public, municipalities, and other involved
stakeholders;
• Collaborating on innovative approaches to a funding framework for the Project,
• Maximizing the region's competitiveness in securing potential federal funding for
the Project;
• Managing the funding and administration relating to the Project; and
• Determining the Project delivery method and the responsible parties.
The Parties hereby mutually agree and express their understanding of the following
components:
ARTICLE II
TERM OF THE MOU
Effective Date. This MOU shall take effect when executed by all Parties, on the last date
shown below, and shall expire upon Project completion, unless extended in writing by the
P arties.
ARTICLE III
ROLES OF THE PARTIES
1. Project Roles. The role of the Parties in conducting the Project shall be as
follows:
a. The Parties agree to pursue the Project under one NEPA document, under
FDOT management.
b, The Parties shall ensure that the Project is coordinated and consistent with
all local, regional, and state transportation plans.
c. All Parties shall seek to reach consensus on key project issues and work
cooperatively towards resolving any conflicts that may arise.
d, All Parties shall ensure that the overall Project Development milestone
schedule (two year required timeline by Federal Transit Administration
"FTA") is maintained throughout the Project, for the entire Project. A
schedule with key milestones (FTA documentation, public meetings, etc.)
will be developed by FDOT and reviewed by the PAC.
e. Upon prioritization of this project as a Metropolitan Planning
Organization ("MPO") Priority 1 funded project for Planning and
Preliminary Engineering phases in the MPO 2040 Long Range
Transportation Plan, FDOT shall coordinate with the Beach, the City and
the County on operations, planning and engineering to support the
advancement of the Project, particularly as it affects the Beach, the City
and the County transportation network and local infrastructure,
f, FDOT, with support from the Beach, the City and the County, will present
regular Project updates quarterly to the MPO, and the Parties' boards.
g, FDOT shall serve as the contract manager for the Project and shall
administer Project funds, and ensure that the Project's procurement
process is consistent with Federal, state, and local regulation and that
appropriate billing procedures are implemented.
h, FDOT shall have the primary responsibility for completing all activities
associated with the Project Development Phase and the NEPA process.
FDOT will coordinate this effort directly with the Parties, including
technical support and all presentations, workshops; and hearings.
Following approval of a Locally Preferred Alternative by the Miami -Dade
MPO, FDOT shall submit final NEPA documentation to FTA. Upon
approval of the NEPA document, FDOT on behalf of the Parties shall
submit a request to FTA to enter the Engineering Phase,
i. FDOT will coordinate with the PAC regarding coordination with local
governments addressing station locations, land use, future transit oriented
development opportunities, and related matters.
2. Initial Project Funding. The Parties agree to field the NEPA and Project
Development activities up to the total amount of ten million dollars ($10,000,000.00),
Upon approval and execution of this MOU by all Parties, the Beach, the City and the
County shall each enter into a Locally Funded Agreement ("LFA") for purposes of
contributing its portion of Project funding, as further indicated below:
a. FDOT shall contribute five million dollars (S5,000,000,00), or 50% of the
initial Project fielding.
b. Beach shall contribute four hundred seventeen thousand dollars
(S417,000,00), or 4.17% of the initial Project funding.
c. City shall contribute four hundred seventeen thousand dollars
($417,000.00), or 4,17% of the initial Project funding.
d. County shall contribute four hundred seventeen thousand dollars
($417,000.00), or 4.17% of the initial Project funding.
e. The Parties shall further pursue the binding commitment of the Citizens
Independent Transportation Trust (CITY), in the amount of three million
seven hundred thousand dollars ($3,750,000.00), or 37.5%0 of the initial
Project finding.
£ In the event that the entire amount is not expended, the funds will be
returned to the respective party based on the above percentages.
g. In the event that the entire amount is not enough to cover the initial Project
activities cost, FDOT shall provide to the Parties detailed information as to
the need for additional funding, and will request funding from the Parties
according to the above percentages.
3. Additional Project Funding. In the event that system extensions to the
maintenance and storage facility are needed, FDOT shall provide detailed information as
to the need for additional funding to cover any cost associated with the analysis of the
required alignment extensions including stations to the maintenance and storage facility,
and will request funding from the Parties according to the above percentages.
4. Party involvement in the Project. Each stage of the Project shall be conducted
with the involvement and cooperation of each party. During Project Development, and
subsequent phases, input and approval must be obtained from each party to define the
appropriate project milestones,
5. Project Advisory Committee (PAC): The Parties shall establish a Project
Advisory Committee to provide guidance for the Project, and to serve as a liaison to their
respective agencies. The Beach, the City, and the County shall each select two
representatives to serve on the PAC, and FDOT shall select one representative to serve as
an ex-officio member. All Parties shall provide staff and technical support to the PAC.
The PAC may appoint advisory subcommittees as deemed necessary.
6. Project Finance Plan. FDOT shall have the primary responsibility to develop a
general funding framework which will include anticipated federal, state, and local shares,
The Parties shall have the primary responsibility for project financing, as herein stated,
and shall further be responsible for the development of a conceptual project finance plan
that addresses capital costs, operations/maintenance costs, and local contributions. These
efforts will occur simultaneously throughout the course of the Project, The Project
Finance Plan will be coordinated with and integrated into ongoing MPO finance planning
and be presented to the MPO for approval. Approval will be sought by the PAC and all
affected funding parties at the federal, state, county, and municipal levels, as well as other
sources that may be identified, and ultimately brought to the MPO for inclusion in their
Cost Feasible Plans and Transportation Improvement Plans (TIPs), per federal law.
7. Future Project Funding. Funding for the NEPA and Project Development
Phase of the Project will be included in the FDOT five (5) year work program. The PAC
shall pursue all sources of capital money to fund the remaining phases of Engineering and
Construction. Operations and maintenance costs shall be a local and regional
responsibility. FDOT shall have no obligations to fund operations and maintenance costs
for the Project, It is the intent of all Parties that the Operating Agency of the Project rail
passenger service will be the Beach, the City, the County, or their agents, and that the
selected entity shall have the primary responsibility for the service. Under no
circumstances will FOOT become the Operating Agency, or fund future operations.
8. Determining the Project Delivery Method and the Responsible Parties, Up to
and near the completion of the NEPA and Project Development work, the Parties will
determine collectively how to proceed into the next phases of the capital program
development process, and may reconsider the Project process as well as Project roles at
that time. The Parties will collaborate on a schedule for proceeding, as well as agree on a
funding plan for the next stage of the capital program development process, engineering
and design. At that time, the Parties will explore and agree upon the preferred Project
Delivery Method, and the associated roles and responsibilities of each party.
9. Basis and Foundation for the Project. It is the intent of the Parties that the
previous work completed for the Project, most notably the Beach Corridor Transit
Connection Study Report (June 2015) and the Please 2 Miami -Miami Beach
Transportation Corridor (BayLink) Study (April 2004), shall serve as the basis for the
Project, and the analysis and technical work that went into developing the Direct Connect
alternative shall be used as the foundation for the NEPA and Project Development work.
10. Obligations. Through this MOU, the Parties express their mutual intent to move
in a diligent and thorough manner to develop the Project during the NEPA and Project
Development phase, but understands this MOU is by its nature a preliminary agreement
outlining commitments to be made in this process, and imposes no legally enforceable
contractual obligations on any party, other than the obligations set forth in Paragraph 2
herein.
11. Counterparts. This MOU may be executed in counterparts, and when taken
together, the same shall constitute a binding agreement on all Parties.
12. Right to Terminate. The Parties agree that if the New Start Project Development
Application is not submitted to the Federal Transit Administration by August 15, 2016,
any party may unilaterally choose to terminate this MOU, upon written notice to each
other party, and proceed independently. If the New Start Project Development
Application is submitted by August 15, 2016, then any party may terminate this MOU no
sooner than forty five (45) days, and no later than ninety (90) from the date of the
submittal of the New Start Project Development Application
Signatures on following page
WHEREFORE, the Parties have each executed this MOU on the date first written above.
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Daniel J, Alfonso
City Manager
ATTEST:
By:
Todd B. Hannon
City Clerk
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM &
REQUIREMENTS:
CORRECTNESS:
By: By:
Ana -Marie Sharpe, Director
Risk Management Department
Victoria, Mendez
City Attorney
Florida Department of Transportation (FDOT) Miami -Dade County (County)
By: By:
Name: Name;
Title: Title:
Legal review: Legal Review:
By: • By:
County Attorney
City of Miami Beach (Beach)
By: By:
Name: Name;
Title: Title:
By:
City Attorney