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HomeMy WebLinkAboutExhibit AEXHIBIT A MEMORANDUM OF UNDERSTANDING Between 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 PROTECT NEPA ENVIRONMENTAL, STUDIES, PROJECT DEVELOPMENT, ENGINEERING AND CONSTRUCTION PHASES; FUNDING; PROJECT SPONSORSHIP, AND OPERATING AGENCY This Memorandum of Understanding (MOU) is entered into between the City of Miami Beach, Florida (Beach), City of Miami, Florida (City), Miami -Dade County, Florida (County), and the Florida Department of Transportation District 6 (FDOT), collectively known as the "Parties," The Parties wish to continue the efforts already underway to improve regional mobility which has involved local, regional and state stakeholder collaboration and coordination, including the Parties' ongoing efforts to identify optimum multimodal alternatives for a balanced regional transportation system and to define regional and local projects that support continued economic transit oriented development through effective transportation and land use planning and subsequent decisions, 1. The development of a multimodal transportation system within the southeast Florida region involves numerous transportation agencies and stakeholders and is a complex undertaking, Each of the Parties has unique skills and abilities which are necessary for successful implementation of the Beach Corridor Direct Connection (formerly known as BayLink), For purposes of this agreement, it is understood that the two distinct and independent projects, each with independent utility, will be advanced as follows; Federal Now Starts Prgjcot Limits are from Midtown Miami (at or dear NE 415 Street and NE 2"d Avenue) to Transit Hub Connoctor located in the vicinity of 5th Street and Alton Road; Non-Fecleral New Starts/Locally funded Project limits are.from Transit Hub Connector located in the vicinity of 5th Street and Alton Road to the Miami Beach Convention Center with proposed transit loop system to enhance connectivity, The Parties acknowledge the potential transportation, economic, social, and environmental benefits of the introduction of passenger rail service linking the City of Miami's urban core including the Midtown, Wynwood, Omni West and downtown Miami districts to Miami Beach via the MacArthur Causeway The two projects are identified in part within the Miami -Dade 2040 Long Range Transportation Plan (LRTP) as a Priority III partially funded project for Preliminary Engineering and Right-oC Way phases, In addition, portions of the two projects are included in the Beach, City and County transportation plans and programs, These projects will improve mobility, promote redevelopment and revitalization, enhance and integrate existing Miami -Dade Transit service, and improve circulation in these highly urbanized areas, Introducing passenger service to these areas will provide an efficienC option to driving on congestedstreets and highways and a much-needed integrated transportation link. The purpose of this MOC7 is to develop a multi -agency partnership, especially as to the �1__PQJicy_Act_(NL-PA)... process -anti-.d.evelopment-activities, This- -- includes, but is not llnnited to; • Clarifying the roles and responsibilities of the Parties ; + Clarifying the involvement of the Parties ; • identifying potential funding; • Improving the efficiency by which activities are conducted; • Establishing a Project Advisory Committee ("PAC") with specific responsibilities andregularly scheduled meetings; + Scheduling regular 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 int-iovative approaches to a handing framework, • Maximizing the Region's competitiveness in scouring potential federal funding; Managing the funding and administration; and • Determining the Delivery method and the responsible parties, The Parties hereby mutually agree and express their understanding of the following components: 1. Rales. The role of the Parties shall be as follows; Ell The Parties agree to pursue the following; Federal New Starts Project Limits are from Midtown .Miami (at or near NB 41'r Street and NE 2"11 Avenue) to Transit Hub Connector located in the vicinity of 5th Street and Alton Road in Miami Beach under one NEPA document, under Miami -Dade County management; Noon -Federal New Stuts/Locally Funded Project Limits are from Transit Hub Connector located in the vicinity o.L 5th Street and Alton Road to tine Miami Beach Convention Center with proposed transit loop system to erihance connectivity, under a State Envirolnilental process to be initiatedand led by the City of Miami Beach,. b, The Parties shall ensure that the development of the projects are coordinated and consistent with all local, regional, and state transportation plans, c, All Parties shall sock to reach consensus on key 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, A schedule with key milestones (FTA documentation, public meetings, etc,) will be developed by Miami -Dade County and reviewed by the PAC. e, Upon prioritization of these projects as a MPO Priority I funded project for Planning and Preliminary Engineering phases in the MPO 2040 Long Range Transportation Plan, Miami -Dade County shall coordinate with the effected municipalities and the MOT on operations, planning and engineering to support the advancement of the projects, particularly as it affects the municipal and FDOI' transportation network and local infrastructure. f. Miami -Dade County will present updates quarterly to the MPO, and the Parties' boards. g, Miami -Dade County shall serve as the contract manager for the Federal New Starts Project and shall administer funds, and ensure that the procurement process is consistent with Federal, state and local regulation and that appropriate billing procedures are implemented, h. Miami -Dade County shall have the primary responsibility for completing all activities associated with the Federal New Starts Project Development Phase and the NEPA process, Miami -Dade County 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, Miami -Dade County shall submit final NEPA documentation to FTA. Upon approval of the NEPA document, Miami -Dade County on behalf of the Parties, shall submit a request to FTA to enter the .Engineering Phase, i. Miami -Dade County will coordinate with the PAC regarding coordination with local governments addressing station locations, land vise, future transit oriented development opportunities, and related matters, 2, Initial Funding. The Parties agree to fund the Federal New Starts NEPA and Project Development activities up to the total amount of $10,000,000, Upon approval and execution of this MOU by all Parties, the Beach, the City and the County shall each enter into Locally Funded. Agreement ("LFA") for purposes of contributing its portion of Project funding, as further indicated below: aI FDOT shall contribute $5,000,000, or 50% of the initial Project funding. b. Beach shall contribute $4,17,000, or 4.17% of the initial Project funding. C. City shall contribute $417,000, or 4,17% of the initial Project funding. d.. County shall contribute $417,000, or 4.17% of the initial Project :funding, e. The Parties shall further pursue the Funding commitment of the Citizens Independent Transportation Trust (CITT), in the amount of $3,750,000, or 37.5% of the initial Project funding. f. 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, Mianli-Dade, County shall provide detailed information as to the need for additional funding, andwill request funding :from the Parties according to the above percentages. 3. Warty Involvement. Each stage 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 milestones, 4, Project Advisory Committee (PAC): The Parties shall establish a Project Advisory Committee to provide guidance 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, A11 Parties shall provide staff' -,ntechrl c 1. Ltp-per :t _tQ.the...PAC_,_.Thc PAC. Olay _ ._. appoint advisory subcommittees as deemed necessary. S, Finance Plan. Miami -Dade County shall have the primary responsibility to develop a general funding framework for the federal New Starts process which will include anticipated federal, state, and local shaves, 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 projects, The finance Plan will be coordinated with and integratedinto 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 Improvoment Plans (T IPs), per federal law, G. Future Funding. Funding for the NEPA and Project Development Phase will be included in the .County's work program, The PAC shall pursue all sources of capital money to fiend 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 either of the two projects, It is the intent of all Parties that: the Operating Agency of the future rail passenger services 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 fixture operations,. 7. 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 processes, and may reconsider the processes as well as respective 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. 8. Basis and Foundation for Proceeding, It is the intent of the Parties that the previous work performed, most notably the .Beach Corridor Transit Connection Study Report (,lune 2015), as well as direction from the study's Policy Executive Committee, the Suppleinental Draft Environmental Ini,pact Statement Mlanil-Alllainl Beach Transportation Corridor (Bay.Linle) (October 2002)and the Phase 2 Bay .Lime Study (April 2004), shall serve as the basis for proceeding, 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, 91 Obligations, Through this MOU, the Parties express their mutual intent to move in a diligent and thorough manner to develop the two projects during the NEPA and Project Development phase, but understand this MOU is by its nature a preliminary agreement outlining commitments to be made in this process, and imposes no legally enfQ.rceable than. -the- obligations_ set forth- in - Paragraph 2(a) throtirgh (f) herein, 10, Effective Date, This MOU shall take effect when executed by all Parties, ort the last date shown below, and shall expire upon completion of the two projects, unless extended in writing by the Parties, 11, Counterparts. This MOU may be executed in counterparts, and when taken together, the same shall constitute a binding agreement on all Parties, WHEREFORE, the Parties have each executed this MOU on the dates below written, Florida Department of Transportation Miami -Dade County By: _ By:_ Name:- � Nam( Tittle; Title: Date: Date: Legal review: Legal Review: By: By: City of Miami City of Mianii Beach By: By;_ Narne: Name; Title: Title; Date; Date:- Legal review; Legal Review By: _ By: