Memorandum of Understanding with CM, MDC, and FDOT as/( - 29 SO S
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 PROJECT
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 New Starts Project Limits are from Midtown Miami (at or near NE
415 Street and NE 2nd Avenue) to Transit Hub Connector located in the vicinity of
5th Street and Alton Road; Non-Federal 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-of-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 efficient option to
driving on congested streets and highways and a much-needed integrated transportation
link.
The purpose of this MOU is to develop a multi-agency partnership, especially as to the
National Environmental Policy Act (NEPA) process and development activities. This
includes, but is not limited 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
and regularly 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 innovative approaches to a funding framework,
a Maximizing the Region's competitiveness in securing 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. Roles. The role of the Parties shall be as follows:
a. The Parties agree to pursue the following: Federal New Starts Project
Limits are from Midtown Miami (at or near NE 4l5` Street and NE 2"d 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; Non-Federal 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, under a State Environmental process to be
initiated and 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 seek 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 FDOT on operations, planning and
engineering to support the advancement of the projects, particularly as it
affects the municipal and FDOT 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 use, 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:
a. FDOT shall contribute $5,000,000, or 50% of the initial Project funding.
b. Beach shall contribute $417,000, 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, Miami-Dade County shall provide detailed information as
to the need for additional funding, and will request funding from the
Parties according to the above percentages.
3. Party 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. All Parties shall provide staff and technical support to the PAC. The PAC may
appoint advisory subcommittees as deemed necessary.
5. 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 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 projects. The 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.
6. 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 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 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 future 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 (June 2015), as well as direction from the study's Policy Executive Committee,
the Supplemental Draft Environmental Impact Statement Miami-Miami Beach
Transportation Corridor (BayLink) (October 2002)and the Phase 2 Bay Link 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.
9. 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
enforceable contractual obligations on any party, other than the obligations set forth in
Paragraph 2(a)through (f) herein.
10. Effective Date. This MOU shall take effect when executed by all Parties, on 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
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City of Miami City of M' e•• �`
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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.
9. 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
enforceable contractual obligations on any party, other than the obligations set forth in
Paragraph 2(a) through (f) herein.
10. Effective Date. This MOU shall take effect when executed by all Parties, on 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
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