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HomeMy WebLinkAboutExhibit - MOUMEMORANDUM OF UNDERSTANDING Between CITE' OF MIAMI BEACH, FLORIDA, CITE' OF MIAMI, FLORIDA, MIAMI -DARE COUNTY, FLORIDA And FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 46 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 blown as the "Parties." WHEREAS, the Parties wish to continue the efforts already widerway 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 nniltiniodal alternatives for a balanced regional transportation systena, 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 systema 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 inxplennenta.tion of the Beach. Corridor Direct Connection Project (formerly known as BayLink), a :fixed guideway corridor project between downtown Miami near the Government Center, to the Mianai 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 1 WHEREAS, the project is identified in the Mianai-Dad:e 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 tiae Beach, City, and County transportation plans and programs; and WHEREAS, the Project will improve east -west mobility, promote redevolopment and revitalization, enhance and integrate existing Miami -D ado. '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 bighways; NOW THEREFORE, in consideration of the rnu.tual 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 11 TERM OF THE MOU Effective. Date. This MOU shall tape effect when executed by all Parties, on the last date shown below, and shall expire upon Project completion, unless extended in writing by the Parties. 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 I 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 Hinds, 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 Bearings. Following approval of a Locally Preferred .Alternative by the Miami -Dade MPO, FDOT shall submit fYnal 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, fixture transit oriented development opportunities, and related matters. 2. Initial Project Funding. The Parties agree to fiend the NEPA and Project Development activities up to the total amount of telt 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 banding, as further indicated below: a. FDOT shall contribute five million dollars ($5,000,000,00), or 50% of the initial Project fielding. b. Beach shall contribute four hundred seventeen thousand dollars ($417,000,00), or 4.17% of the initial Project ftinding. 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 hind:ing commitment of tl?e Citizens Independent Transportation Trust (CITT), in the amount of three million seven hundred thousand dollars ($3,750,000.00), or 37.5%0 of the initial Project fiinding. £ 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 pleases, input and approval must be obtained from each party to define the appropriate project milestones. 5. Project Advisory Cominittee (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 deonied 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 shalt 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 :Give (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 fiend 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 FDOT 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 stoles 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 Mlami-Meanie Beach Transportation Corridor (BayLink) Study (April 2004), shall serve as the basis for the Project, and the analysis and tectmical 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 nianner 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 Stant 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 dater than ninety (90) from the date of the subndttal 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 111micipal corporation of the State of Florida ATTEST: By: Todd B. Hannon City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: By: Ater -Marie Sharpe, Director Risk Management Department Florida Department of Transportation (FDOT) By:_ Name: Title: Legal review: By: - City of Miami Beach (Beach) By: Name: Title: By: City Attorney By: Daniel 7. Alfonso City Manager APPROVED AS TO LEGAL FORM & CORRECTNESS: By: Victoria M6ndez City Attorney Miami -Dade Coutity (County) By:_ Nam( Title: Legal Review: By:__ County Attorney By:_ Nanic; Title: