Independent Transportation Surtax Oversight Board

Meeting January 29, 2021 AGENDA Friday, January 29, 2021 9:30AM 115 South Andrews Avenue, Room 422, Commission Chambers Fort Lauderdale, FL 33301

Presentations

I. Office of Economic and Small Business Development: County Business Enterprise (CBE) Goals Update and Progress Report (Exhibit 1 to January 29, 2021 Oversight Board Meeting Material Presentation)

II. Mobility Advancement Program Branding and Logo Survey Results and Recommendations (Exhibit 2 to January 29, 2021 Oversight Board Meeting Material Presentation)

1 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENTEXHIBIT 1 to January 29, 2021 Oversight Board Presentations

Transportation Surtax Oversight Board Presentation

I. Office of Economic and Small Business Development (OESBD) Accomplishment Highlights and Updates

January 29, 2021

2 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT I. County Business Enterprise (CBE) Goals Updates As of January 8, 2021: • 30 County Projects Reviewed for Goals

o Total Estimate: $209,821,271.08 • 51 Municipal Projects Reviewed for Goals

o Total Estimate: $94,649,903.24

• Average CBE Goal (For Eligible Projects):

o County: 33%

o Municipality: 33%

o CBE Attainment on 1 Project with Reported Payments: 64%

• Projected Payments to CBEs (For Eligible Projects)

o County: $27,826,997.20

o Municipal: $30,918,985.30

3 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT County Business Enterprise (CBE) Goals Updates Number of Municipality Projects Reviewed Coconut Creek 1 Dania Beach 1 Davie 5 Deerfield Beach 1 As of January 8, 2021: Fort Lauderdale 2 Hallandale Beach 2 • Hollywood 5 51 Municipal Goal Reviews Miramar 7 North Lauderdale 3 Oakland Park 5 Plantation 1 Pompano Beach 4 Southwest Ranches 3 Tamarac 2 West Park 4 Weston 3 Wilton Manors 2 4 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT Economic Impact - Analysis Planned

• Each analysis will contain multiple projected elements of the economic impact of spending and labor output on the economy: o Direct – impact of activity directly associated with the activity (i.e.: people working directly for the contractors on the projects) o Indirect – includes impacts created through busines-to-business transactions required to support the activity (i.e.: purchases of supplies, inventory, etc. required to complete the work) o Induced – impacts created through the household spending of Labor Income, after removal of taxes, savings, and commuter income.

• The impact analysis will project the following for each class of impacts (direct, indirect, induced): o Employment - the number of jobs supported by the activity o Labor Income - the sum of wages, benefits and payroll taxes of employees in the respective classes (direct, indirect, induced) o Value Added – the increase/difference in the value of final output of the activity and the intermediate costs incurred to produce it o Output – total value of all inputs plus the value-added

5 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT Outreach Efforts Planned

Surtax Outreach Events Completed in FY20

o Over 8 Hosted/Partnered Surtax Business Information Sessions

o Over 25 Municipal Training Sessions

o Over 47 Events where Surtax was Featured

Surtax Information Sessions Planned in FY21

o 4 Surtax Sessions with Municipalities to present proposed projects

o 3 Surtax sessions with County Agencies to present proposed projects

Targeted Outreach Plans

o Targeted Outreach for CBEs and non-certified small businesses

o Virtual Meet and Greet Events for Primes and CBEs based on Municipal/County Projects

Regional Outreach Plans (Counties: Miami, Palm Beach, Monroe)

o 2 outreach events for neighboring small business authorities

o 2 outreach events for neighboring prime contractors *This process will repeat Statewide in FY22-FY23, Nationwide in FY23-25. 6 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT Future Advertising Planned Local, Region, State

o Local (Broward) – Started FY20

o Region (Local + Miami-Dade / Palm Beach / Monroe) – FY21-FY22

o State (Region + Tampa / Orlando/ Jacksonville) – FY22

• Surtax Advertising Channels

o Newspaper - Print / Digital Media

o Radio

o Trade Magazines

o Interviews

o Television *National Advertising Planned for FY23-25

7 OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT

Thank You

Office of Economic and Small Business Development 115 S. Andrews Avenue, Room A-680 Fort Lauderdale, FL 33301 954-357-6400 | Broward.org/EconDev

BCOESBD Broward County OESBD 8 Mobility Advancement Program

II. Mobility Advancement Program Branding and Logo Survey Results and Recommendations

9 Branding and Marketing the Surtax Program

What’s 2019 2020 2020 2020 2021 July - Dec. Next? Jan. - Sept. Sept. - Nov. December Jan. - March March 2021

Oversight Board established surtax Consultant Work authorizations marketing as a selected; contract created for “Segue” Surveyed residents, Presenting survey Full Surtax negotiated. Public Program Branding priority; $62,500 Branding/Logo businesses, visitors, results & logo budgeted for Engagement & development by recommendations to Implementation Community users of transit, (websites, emails, Branding/Logo Consultant; requested Program Oversight Board, Awareness Plan broad public input. 3 Core Surtax Exec taglines, projects, Services (Consultant) stakeholders & & PIO (Staff) hired developed and versions of a logo were Team, Commission, assets, social media, presented developed and gathered feedback Municipalities ads, videos, etc.) presented to the Oversight Board in Nov. 10 Public Input on Logo & Branding: The survey was conducted in 4 languages What we did and how we did it! Survey Excerpt Example, below

Between the months of November 2020 and January 2021 the MAP Broward PIO office worked with Consultant to:

• Create survey questionnaires establishing baseline understanding of who was being surveyed (ensuring targeted diversity and statistical significance) • Understand impressions of the proposed logos and determine preferences (and why) • Assure stakeholder and community input into the branding process • Allows MAP Admin to make recommendations for implementation based on public perception, accessibility, connection to existing brand (“segue”), flexibility of logo, and other important branding considerations

11 What we did, where, and how we did it! (Cont.) A combination of Email and onsite surveys were offered to thousands (via various methods of in-person and online tools) • initially wanted to use focus groups • timing made it necessary to employ more technology to employ public engagement techniques during a pandemic • 12 onsite surveys at physical locations were scheduled during holiday shopping weekends (eCanvasser) • 25 e-mails with survey links were sent to key groups which resulted in approximately 2,000 individual surveys distributed (SurveyMonkey)

12 Who we targeted for input • Existing fixed route & community shuttle users • Older adults (defined as 60+) • Paratransit commuters • Students at local colleges and universities • General Public (representative of Broward demographics: age, race, ethnicity, language spoken at home, etc.) • Vulnerable and hard-to-reach populations (defined by 2020 Census) • K-12 students • Tourists and visitors • Local Government Stakeholders • Business Professionals/Professional Associations

13 In-Person Survey Results Age breakdown

Email Survey Results

14 In-Person Survey Results Ethnic breakdown (self reported)

Email Survey Results

15 Which logo is your favorite?

In-Person Survey Results Email Survey Results

16 17 What’s next?

• Municipality marketing kits and city project maps are being finalized

• A MAP Broward marketing training day for municipal communications professionals is scheduled (allows municipal public information and surtax project managers to understand expectations and learn what will be provided by MAP to assist in consistent branding and messaging)

• Branding/Messaging Budget for MAP Program constantly reevaluated and updated

• Website and social media updates reflecting branding package underway

• The Surtax Project Dashboard (FY2019-2025) will roll-out to public with NEW branding

• Execution of public relations efforts to promote MAP Broward Branding package

18 REGULAR AGENDA-Oversight Board January 29, 2021

Item 1. Note for The Record the approval of an agreement to contribute to the full funding of. . . a northbound interchange (at Pat Salerno Drive) from the Sawgrass Expressway (SR 869) using $3,000,000 of FY 2021 surtax funds reserved for this purpose; as described in the August 13, 2020 Budget Presentation to the Oversight Board.

19 Item 1, Exhibit 1 (12/1/2020 Regular Commission Meeting, Agenda Item #45)

Broward County Commission Regular Meeting Director's Name: Bertha Henry Department: County Administration Division: Real Property

Information Requested Action title MOTION TO ADOPT Resolution authorizing a Locally Funded Agreement with the Department of Transportation (“FDOT”), where Broward County (“County”) will provide three million dollars ($3,000,000) to move forward for approximately one year with the design work and funding negotiations pertaining to the construction of a full interchange at the Sawgrass Expressway and Pat Salerno Drive, so that a final Locally Funded Agreement may be executed between County, City of Sunrise (“City”) and FDOT for the construction of a full interchange at the Sawgrass Expressway and Pat Salerno Drive; and authorizing the County Administrator to execute the Locally Funded Agreement on behalf of County. This Agreement will terminate on December 31, 2021. body Why Action is Necessary Board of County Commissioners’ approval is required to execute a Locally Funded Agreement with FDOT.

What Action Accomplishes This Agreement between the County and FDOT will allow for the County to better understand the financial commitment the County and City (“Local Community”) will be asked to commit to in a final Locally Funded Agreement to allow for the design, acquisition of property for drainage, mitigation, conservation and right-of-way easements, and construction of a full interchange at the Sawgrass Expressway and Pat Salerno Drive.

Is this Action Goal Related No

Previous Action Taken None

Summary Explanation/Background In May 2020, FDOT proposed a Locally Funded Agreement, which the Local Community would be required to fund a portion of the overall costs that were based on early conceptual design and engineering plans and documents for a full interchange at the Sawgrass Expressway and Pat Salerno Drive. Due to where the conceptual design and costs were at that time, the FDOT realized the Local Community would not be able to agree to the May 2020 proposed Locally Funded Agreement because the conceptual design still had too many unknowns and therefore the cost estimate carried large contingencies until further design work could be completed. By entering into this Agreement with FDOT, it will give the County approximately one year to move the design work forward in order to obtain more accurate costs and to reduce the dollars carried in contingencies so a final Locally Funded Agreement may be executed. By the end of this Agreement’s term, this Agreement will either be superseded by a final Locally Funded

20 Agreement between the Local Community and FDOT for the full funding for the design, acquisition of property for drainage, mitigation and right-of-way and construction of a full Sawgrass Expressway and Pat Salerno Drive interchange or, if a final Locally Funded Agreement cannot be reached and executed by December 31, 2021, then this Agreement will terminate and the Sawgrass Expressway and Pat Salerno Drive interchange will remain generally as it is currently planned.

The Locally Funded Agreement is currently in final negotiations and will be provided as additional material prior to Board consideration of this item.

Source of Additional Information None.

Fiscal Impact Fiscal Impact/Cost Summary $3 million from Broward County.

21 REGULAR AGENDA-Oversight Board January 29, 2021

Item 2. Note for The Record the approval of a Memorandum of Understanding (MOU) between Florida Department of Transportation, District 4 (FDOT, 4) and Broward County, for the purpose of... the Project Development and Environmental (PD&E) Study of the Florida East Coast Railway (FEC) tracks (from Aventura to Deerfield) for the suitability of .(see also Broward County Commission Meeting January 12, 2021 Agenda Item 42 and FDOT, 4 Presentation attached as Exhibits 1 and 2 to this item)

22 Item 2, Exhibit 1 (1/12/2021 Regular Commission Meeting, Agenda Item #42)

Broward County Commission Regular Meeting Director's Name: Bertha Henry Department: County Administration

Information Requested Action title MOTION TO APPROVE Memorandum of Understanding (MOU) between Florida Department of Transportation, District 4 (FDOT, 4) and Broward County, for the purpose of articulating the roles and responsibilities of the Parties during and after the Project Development and Environmental (PD&E) Study of the Florida East Coast Railway (FEC) tracks from the planned Aventura Station to a proposed Deerfield Beach Station (Broward County’s portion) for the suitability of commuter rail; said Study is fully-funded and managed by FDOT, 4, with Broward County bearing responsibility for stakeholder engagement, development of a financial plan, and potentially acting as project sponsor for subsequent phases, including but not limited to, applying for federal and state funds. body Why Action is Necessary While the Memorandum of Understanding (MOU) does not obligate the County to fund the Study, nor does it obligate the County to future action, this Study is a critical component of a significant regional project that should be acted upon by the County Commission.

What Action Accomplishes It identifies the roles and responsibilities of the Parties (Broward County and FDOT, 4) during the PD&E Study.

Is this Action Goal Related Yes

Previous Action Taken None.

Summary Explanation/Background The Mobility Advancement Program and its various agencies funded by the Transportation Surtax recommend approval.

This item is in furtherance of the County Commissions’ Value of “Cooperatively delivering an efficient and accessible regional intermodal network” and its attendant Goal to “Support the development, design, and construction of sustainable, multi-modal transportation facilities that meet the needs of residents, travelers, and businesses.”

Plans, studies, discussions, working groups, and multi-stakeholder symposia have occurred for approximately 17 years regarding the implementation of tri-County commuter rail service on the FEC tracks. The Project Development and Environmental (PD&E) Study of the Florida East Coast Railway (FEC) tracks from the planned Aventura Station to a proposed Deerfield Beach Station (Broward County’s portion) for the suitability of

23 commuter rail builds off of the recently completed New River Crossing Feasibility Study, completed in 2019 for the Florida Legislature.

The MOU describes certain assumptions and responsibilities of the Parties. Broward County’s PD&E responsibilities include: obtaining and maintaining stakeholder support; developing a financial plan, including for local shares of the actual construction, as well as ongoing operations and maintenance (O&M); developing agreements for track access, construction, and O&M. While the PD&E study does articulate roles and responsibilities for the current phase of the Project, it does not obligate either Party to participate in, or provide funding for, future Project phases.

Source of Additional Information Gretchen Cassini, Mobility Advancement Program Administrator, (954) 357- 7579, [email protected]

Fiscal Impact Fiscal Impact/Cost Summary The PD&E Study is fully-funded by FDOT, 4. No funds are being requested from the County as part of this action.

24 Item 2, Exhibit 2 (Presentation from FDOT, District 4) Broward County Board of County Commissioners Broward Commuter Rail Update FDOT District 4

January 12, 2021

25 Today’s Agenda

» Importance of Commuter Rail and History of the Corridor » Miami-Dade Northeast Corridor » New River Crossing Feasibility Study » Eligibility for Federal Funding » Broward Commuter Rail - Project Development & Environment (PD&E) Study » MOU and Next Steps

26 Broward County Board of County Commissioners JAN 12, 2021 2 Why Commuter Rail is Important

» FEC is Florida’s densest urban corridor with Broward at the center – 2 million people in the corridor from Miami to Jupiter – Density will exceed 13,000 people per square mile by 2040 – Sustainability, regional connectivity, economic development

» The region’s economic core – Over 1 million jobs in the corridor – 3 CBDs, 3 international airports, 3 seaports and 27 downtowns – Extensive rail, truck, and marine freight

» The region’s transportation core – 3 million daily auto trips in the corridor comprise 1/5th of region’s travel – Highways are beyond capacity

27 Broward County Board of County Commissioners JAN 12, 2021 3 History of the Corridor

» 2004 - 2010: – MPOs and FEC request regional Transit Study by FDOT – FDOT held over 400 public meetings to develop System Master Plan – Resolutions of support from Broward MPO, Palm Beach MPO and cities » 2012: – Refined Master Plan for 85-mile commuter rail service from Miami to Jupiter – Integrated extension of Tri-Rail on shared tracks with FEC freight – All Aboard Florida (AAF) announced from Miami to Orlando » 2013: – MPOs authorize request for Entry into FTA New Starts Project Development (PD) – 25 stations identified for further evaluation in PD&E » 2014: – FDOT & SFRTA formally request Entry into PD from FTA – FTA and FRA later agree to put PD request on hold to avoid confusion with AAF

28 Broward County Board of County Commissioners JAN 12, 2021 4 History of the Corridor "' Boca Raton •0 Downtown Boca Raton » 2018: Boca Town Center •0 , ~ – starts revenue service from Miami to West Palm Beach Deerfield Beach 0 Downtown Deerfield Beach – Miami-Dade begins negotiating track access Pompano Beach •f I – Broward passes penny surtax -M®lrrm cc Downtown Pompano Beach ::l:l – Phased project implementation based on local funding share by county 0 0 Cmess Creek ~ t Oakland Park > ::l:l » 2019: 8Wilton Manors C Fort Lauderdale C') t 0 Downtown Fort Lauderdale 0 – FDOT conducts New River Crossing Feasibility Study . C: z ~ Fort Lauderdale/Hollywood Intl. Airport O~ Fort Lauderdale Airport/ I, -4 Station at Dania Beach 1 ~ Port Ever~ades -< » 2020: 0 ~ Dania Beach Sheridan Street l .."' – Miami-Dade County Resolutions for ongoing track access negotiations Hollywood I 0 Downtown Hollywood ~m~ – Broward continues dialogue with Brightline and FDOT , Hallandale Beach Golden Glades I Aventura – Broward and FDOT draft MOU to advance commuter rail project '- '-lll'lllU D- 3i: Opa-locka I h . 0 > North Miami Tri-RailjMetrorailTransfer ~ 0 3i: 79th St/Upper Eastside -' 1 C "-""."""""" iiiii'III ~ > Hialeah Market I 'aim!\ Midtown/Design District C .., .... 11"1 ~ Miami Airport. ... C') iro Downtown Miami ~ 0 C:

29 Broward County Board of County Commissioners JAN 12, 2021 5 Strategic Tl,e Vi/luge at Gulstremn Park Miami Area Aventura

Rapid Transit NW20SST (SMARTI Plan Miami-Dade Northeast Corridor NWl92ST NW186ST Sunny Isles Beach

LEGEND =Eidr'g~ 826 » Commuter rail on FEC tracks from Miami to Aventura NWl635T Q Term ,nal RAPIDTAANSIT CORIUDOflS – Downtown jointly funded as public-private partnership D 8each Conidor 11Nort~ais1C01Jidof FIU – Negotiating track access as a 90-year lease with annual payments for 30 years 0 •~NDI.DrawnloSc.ie Bif-cny11e Revised April 20 18 – Operator to be determined Bal Harbour – Construction and O&M agreements pending 96ST Surfside

> » Project development ongoing < NW 103 ST < Non11n1uly – Selection of stations with cities and stakeholders’ participation and funding 71 ST – ½ cent surtax available for local capital match and O&M funding NW7' ST .K>HN f. KENNEO'V CSWY Little Hniti Mid Bencl1

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Virgi11in Key 30 Broward County Board of County Commissioners JAN 12, 2021 6 New River Crossing Feasibility Study

New River Crossing Feasibility Study completed in 2019 for Florida Legislature » Stakeholder and Agency Coordination – Broward County and Broward MPO – Marine Industry Association – Marine Advisory Board – City of Fort Lauderdale and DDA – US Coast Guard, Brightline, FECR » Constraints – Maintain maritime, passenger and freight rail operations – Existing bascule bridge and tracks to remain in service – Accommodate east-west premium transit at second level – Connect to Brightline station downtown

» Identified 4 alternatives for consideration in PD&E, potential funding sources and next steps

31 Broward County Board of County Commissioners JAN 12, 2021 7 New River Crossing Feasibility Study

One alternative to be selected during upcoming PD&E

21-foot low-level bascule 56-foot mid-level bascule

80-foot high-level fixed bridge 32 Tunnel beneath New River Broward County Board of County Commissioners JAN 12, 2021 8 New River Crossing Feasibility Study

HIGH-LEVEL FIXED

MID-LEVEL BASCULE

/Existing Track Grade LOW-LEVEL BASCULE --r ~------.;:::----w::::::::=~======:S - PLoroposedw-Leve lTrack Bascule Grades Bridge I I I -- Mid-Level Bascule Bridge I Proposed Track Grades I I I - High-Level Fixed Bndge I Proposed Track Grades I I - Tunnel Proposed Track I I Grades •i*WWII I I I -- Existing Track Grade 1.1 mi I ~ MHW (Mean High Water) .. i:: I 2.Smi l'!°---~4;"'-:-::::-:::------....;_----:---+----==---~+-..!....~~!:!.::!!!..... ______...,;..--ll,_- ...!'. ___:;:::;-:==, ~.AJ►~I~~-+---- ..

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NW A ~ 33 Broward County Board of County Commissioners JAN 12, 2021 9 Maintain eligibility for Federal Funds

» Apply for federal grants and loans for design, construction and O&M – Must follow all NEPA and federal rules to remain eligible – Shorter process but each grant must be secured independently – Grants are typically smaller than FTA capital improvements grants – Loans are also available

» Enter the FTA Capital Improvement Grant (CIG) process New Starts and Core Capacity Process – New Starts has 3 phases – Project Development, Engineering and

Full Funding Grant Agreement • Complete environmental review • Gain commitments of process 1ndudmg developing all non-New Starts and reviewing alternatives, funding • Longer process with stringent requirements; projects above $300 million selecting locally preferred • Complete sufficient alternative (LPA), and adopting eng1neenng and design 1t into the fiscally constrcuned • Must complete Project Development within 2 years of entry long range transportation plan Small Starts Process – Small Starts has 2 phases - Project Development and Small Starts

Grant Agreement • Construction For projects less than $300 million and requesting a grant less • Legend ◊ = FTA approval than $100 million ~ = FTA evaluation, rating, L..../ and approval

34 Broward County Board of County Commissioners JAN 12, 2021 10 Broward Commuter Rail PD&E Milestones

- Project Scope, study limits and logical termini (FDOT/County) - Stakeholder Support - Letters and/or Resolutions of Support (County) - FTA and USCG Meetings & Determination of NEPA Class of Action (FDOT/County) - PD&E Study Schedule, Agency & Public Kickoff Meetings (FDOT/County) - MPO Board, Stakeholder Meetings and Presentations (County/FDOT) - Track Access Agreement to construct, operate and maintain commuter rail service (County/FDOT) - Draft and Final Financial Analysis and Funding Plan (County/FDOT) - Alternatives Public Workshop (FDOT/County) - Submittal of draft environmental document to the FTA and distribution to the public (FDOT) - Public Hearing on the draft environmental document (FDOT/County) - Issuance of the final environmental action (FDOT)

35 Broward County Board of County Commissioners JAN 12, 2021 11 Broward Commuter Rail PD&E Schedule

» PD&E will be conducted by FDOT – Assumes Categorical Exclusion Type 2 – Requires advance coordination with FTA and USCG – FDOT will streamline the approximately 18-month schedule wherever possible – Timeframe includes federal reviews and public hearing – Elevated class of action or entry into FTA CIG process may result in a longer schedule

Data Collection/Existing Conditions Public Kickoff Meeting Alternatives Analys is Environmental Impacts Analysis Alternatives Public Workshop Preferred Alternative Refinements Draft Preliminary Engineering Repo rt Draft Environmental Documents Public Hearing Fina lize Documentation Location Design Concept Acceptance

36 Broward County Board of County Commissioners JAN 12, 2021 12 Broward Commuter Rail PD&E Study

» Broward County has been an active participant from the start – County coordinating with Brightline and FDOT – Downtown Brightline station was in service prior to COVID-19 – Broward County and FDOT to execute MOU for PD&E in Broward • Includes FLL Airport station; other stations to be evaluated with local participation • Penny surtax funds available as local match to obtain state and federal funds

» FDOT has funds and consultant under contract for PD&E Study – Environmental Analysis of Commuter Rail on FEC railroad – Aventura to Deerfield Beach including Pompano Crossover – Includes continued evaluation of the crossing at the New River

» Broward County responsibilities for PD&E – Stakeholder support – Financial plan – Identify local share of capital costs and annual O&M funds – Track access, construction and O&M agreements 37 Broward County Board of County Commissioners JAN 12, 2021 13 MOU and Next Steps

B ~RD » Broward County COUNTY – Execute MOU and establish Project Executive Committee .i...... – Responsibilities per MOU • Coordination with FDOT, SFRTA, Brightline, Grupo Mexico, FECR, cities and other stakeholders to gain stakeholder support • Financial plan including local match for capital cost and O&M • Agreements for track access, construction and O&M

» FDOT – Execute MOU and establish Project Executive Committee – Responsibilities per MOU • Coordination with Broward County, FTA and USCG • PD&E from Aventura to Deerfield Beach including New River Crossing Foon) • Public Involvement during PD&E • Coordinate with other transit initiatives • Establish project delivery method in coordination with Broward County

38 Broward County Board of County Commissioners JAN 12, 2021 14 Questions?

See Tracks? THINK TRAIN"

39 Broward County Board of County Commissioners JAN 12, 2021 15 Item 2, Exhibit 3 (Memorandum of Understanding)

MEMORANDUM OF UNDERSTANDING

Between BROWARD COUNTY and

FLORIDA DEPARTMENT OF TRANSPORTATION

This Memorandum of Understanding (MOU) is entered into this of , 2021 between the State of Florida Department of Transportation (FDOT), an agency of the State of Florida, and Broward County (County), a political subdivision of the State of Florida, collectively hereinafter the “Parties.”

A. The development of a multimodal transportation system within the region is a complex undertaking that involves various transportation agencies. Each of the Parties has unique skills and abilities which are necessary for successful completion of an environmental document (National Environmental Policy Act or NEPA), with the Federal Transit Administration (FTA) as the Lead Agency, for proposed commuter rail service in Broward County, generally described as the Broward County Commuter Rail Study (the Project). Miami-Dade County is pursuing a commuter rail project, known as the Northeast Corridor, as one of six corridors that comprise the SMART (Strategic Miami Area Rapid Transit) Plan. It is assumed that any commuter rail service in Broward County along the Florida East Coast (FEC) rail corridor will connect to and integrate with the service that is currently proposed in Miami-Dade County in the Northeast Corridor and with any potential future commuter rail service that may be extended into Palm Beach County.

B. The Parties wish to continue the efforts already underway to improve mobility in the region. These past and current efforts, including the previous Tri-Rail Coastal Link Study, have involved unprecedented state, regional, and local stakeholder collaboration and coordination. This Project reflects the Parties' ongoing efforts to refine the previous commuter rail studies to meet the needs of the County, and to provide relief, parallel capacity, and access to the State’s Strategic Intermodal System (SIS) facilities. In addition, the Project will aid in providing a balanced transportation system that supports local and regional land use plans.

40 C. The purpose of this MOU is to formalize a partnership between the Parties for the undertaking of the Project.

D. The Project is defined as: Implementation of a commuter rail service in the FEC rail corridor between the proposed Aventura Station in Miami-Dade County and Deerfield Beach in Broward County. This commuter rail service will include the necessary rail, signaling, safety and communications improvements, and passenger amenities and stations. The commuter rail service will include a new rail crossing at the New River and a new rail connection between the FEC rail corridor to the South Florida Rail Corridor (SFRC) near NW 13th Street in Pompano Beach, known as the Pompano Crossover.

E. The current limits of the Project study area are the proposed Aventura Station in Miami-Dade County (Northeast Corridor northern terminus) to the south (approximately 1.4 miles south of the Broward/Miami-Dade County line), Deerfield Beach to the north, I-95 to the west and the Intracoastal Waterway to the east. The Project is consistent with the Broward Metropolitan Planning Organization's (MPO) 2045 Metropolitan Transportation Plan (MTP), which identifies the Project on the Transit Needs list. All previous technical work and analyses completed to date in studies including the Tri-Rail Coastal Link Study shall be utilized for the Project.

F. The FDOT shall conduct a Project Development and Environment (PD&E) Study for the Project, which includes an environmental analysis and public review and comment of the potential impacts and benefits that would result from the implementation of commuter rail service in the above defined study area, consistent with federal NEPA regulations, State requirements, and other requirements of a PD&E Study. The comparison and evaluation of alternatives to best balance meeting the project purpose and need with addressing stakeholder input along with engineering and environmental considerations will occur as part of the PD&E phase of the project.

G. Upon completion of this PD&E work, the next phases of the project delivery process are expected to be Final Design and Construction. It is anticipated that the County will be responsible for these next phases and that local, state, and federal funds may be pursued to pay for the design and construction. However, prior to the completion of the PD&E, the Parties will work together to determine the appropriate Project delivery method. The Parties will then

41 collaborate on a schedule for proceeding, as well as identify what assistance, if any, is required of FDOT in the future phases for design and construction of the Project. NOW, THEREFORE, the Parties hereby mutually agree and express their understanding that: I. Generally

a. Each Party agrees to take the necessary steps and perform the required activities to complete the Project. These steps include, but are not limited to: public and stakeholder outreach and consensus-building; technical studies and evaluations, including the refinement of the planned commuter rail service operations plan; subsequent environmental surveys, reviews, and evaluations within the study area; development of a funding framework and financial plan for each phase of the project including operations and maintenance; obtaining access to the FEC railroad corridor for the purpose of constructing, operating, and maintaining the commuter rail service; design and construction of the Project through an agreed upon Project delivery method; operating or securing an operator for the Project; and the administrative tasks relating to the Project.

II. Project Roles - The roles of the Parties in conducting the Project shall be as follows: a. Both Parties shall ensure that the Project is coordinated and consistent with all local, regional, and state transportation plans. b. Each Party shall seek to reach consensus on key project issues prior to conducting their respective roles and responsibilities. c. FDOT will conduct the preliminary engineering and environmental analysis via a PD&E Study and coordinate with County on the operations planning for the commuter rail service, particularly as it affects services, freight service, and intercity passenger rail; coordinate with private entities such as Grupo México Transportes/Florida East Coast Railroad (GMXT/FEC) and Brightline as necessary to complete the technical analysis; as well as coordinate with the FTA, U.S. Coast Guard (USCG), and other federal, state and local agencies as may be necessary.

42 d. FDOT will be responsible for the meetings and public outreach required of the PD&E/NEPA process. The County, with FDOT technical support, will be responsible for all Stakeholder and MPO meetings as well as non-PD&E public outreach events. e. County will be responsible for all consensus-building activity with the Stakeholders, including GMXT/FEC, Brightline, and the municipalities within the County to support selection of the station locations.

III. Project Generally

FDOT has a Corridor Management Oversight Consultant (CMOC) and a PD&E Consultant under contract that will work on the Project. FDOT shall serve as the contract manager for the PD&E Study and shall administer funds related thereto, to ensure that the NEPA process is consistent with applicable federal, state, and local laws and regulations and that appropriate reviews are conducted. FDOT has programmed the funds necessary to complete the PD&E Study subject to the following conditions as agreed to between the Parties:

a. Logical Termini:

The Study will have to demonstrate independent utility and logical termini for the proposed commuter service. The logical terminus for this Study is anticipated to be Deerfield Beach to the proposed Aventura Station in Miami-Dade County and includes a potential new crossing over the New River in downtown Ft. Lauderdale and the Pompano Crossover, which allows access to the South Florida Rail Corridor.

IV. Stakeholder Support: It is anticipated that there will be various stakeholders involved in the new commuter rail service in the County, as well as for utilization of the FEC rail corridor, passenger rail stations, the New River Bridge crossing, and the Pompano Crossover. County shall seek to obtain assurances, letters, and/or resolutions early in the Study process demonstrating support of the Project from the stakeholders. In addition, County shall seek to obtain assurances, letters, and/or resolutions of stakeholder support on the recommended alternative, prior to the Public Hearing for the PD&E.

43 V. Financial Plan: A viable financial plan is one of the major components necessary for successful completion of this Study and to move the project into the design and construction phase. County shall be responsible for developing and approving the necessary draft and final financial plan, with the technical support from FDOT, prior to moving into the Final Design and Construction phase of the FTA Project Development process, or into the agreed upon Project delivery method.

VI. Track Access: Agreements will be required to access the FEC rail right-of- way to construct commuter rail infrastructure and to operate and maintain commuter rail service. County shall lead the negotiations and seek to secure the necessary agreements regarding commuter rail access on the FEC Corridor, with FDOT technical assistance. In addition, the County shall seek to secure the non-State funding required to obtain passenger rail access to the FEC rail corridor prior to signing such agreements.

VII. PD&E Study (Class of Action) FDOT estimates that the time necessary to complete the Study is approximately 12 to 18 months based on the Parties’ mutual understanding and resolution of the issues identified above. This timeframe has been developed based on a NEPA Class of Action (COA) of Categorical Exclusion Type 2 (CE2). However, if the USCG, FTA, or any other agency requires an Environmental Assessment (EA) class of action, the review timeframes and other requirements may result in up to an additional 6 months of time added to the schedule. FDOT and the County will meet with USCG and FTA to make a final determination of the COA before commencing work. To the greatest extent possible, FDOT will implement environmental streamlining best practices when developing and managing the project schedule.

VIII. Party Involvement in the Project – The Project shall be conducted with the involvement of, and in cooperation with, each Party at each stage of the Project. Approval from each Party must be obtained upon completion of each Project milestone. The major milestones for the Study the purposes of this MOU, with the primary/secondary responsibility noted, include: a. Project Scope – Study limits and logical termini (FDOT/County); b. Stakeholder Support - Letters and/or Resolutions of Support (County); c. FTA and USCG Meetings (FDOT/County);

44 d. Determination of NEPA Class of Action (FDOT/County); e. Schedule for Study (FDOT/County); f. Agency and Public Kickoff Meetings (FDOT/County); g. MPO Board & Stakeholder Meetings and Presentations (County/FDOT); h. Draft Financial Analysis and Funding Plan (County/FDOT); i. Track Access Agreement to construct, operate and maintain commuter rail service (County/FDOT); j. Alternatives Public Workshop (FDOT/County); k. Final Financial Analysis and Funding Plan (County/FDOT); l. Submittal of a draft environmental document to the FTA (FDOT); m. Distribution of a draft environmental document to the Public (FDOT); n. Public Hearing on the draft environmental document (FDOT/County); and o. Issuance of the Final environmental action (FDOT).

IX. Upon completion of this PD&E work, the next phase of the project development process is projected to be Final Design and Construction. It is anticipated that the County will be responsible for this next phase(s). However, prior to the completion of the PD&E, the Parties will work together to determine the appropriate Project delivery method. The Parties will then collaborate on a schedule for proceeding, as well as identify what assistance, if any, is required of FDOT in the future phases for design and construction of the Project.

X. Project Executive Committee - The Parties shall establish a Project Executive Committee to provide guidance for the Project and to serve as a liaison to their respective agencies. County and FDOT shall each select up to two senior level representatives to serve as members of the Committee, and all Parties shall participate fully in this committee, including providing staff and technical support to the committee as deemed necessary. The Project Executive Committee will organize and meet within one month of the MOU’s effective date and meet at least monthly until the Project’s formal closeout. Initially, the Committee will define Project goals, objectives, deliverables, and how Project success will be quantified, measured, and reported. The Committee will have the ongoing responsibility to discuss Project status, issues facing the Project, and to develop strategies for resolving Project-related challenges. Meeting Agendas and Minutes will be maintained to facilitate tracking and reporting of Project status, issues, and the effectiveness of various strategies in resolving challenges.

45 XI. By virtue of this MOU, the Parties express their mutual intent to work in good faith and in a diligent, thorough manner to complete the Project.

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IN WITNESS WHEREOF, the Parties hereto have made and executed this MOU: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the day of , 20 , and , signing by and through its , duly authorized to execute same.

BROWARD COUNTY, by and through its STATE OF FLORIDA

County Administrator DEPARTMENT OF TRANSPORTATION

BY: BY: Bertha Henry, County Administrator NAME: Steven C. Braun, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT

WITNESS: DATE:

Print Name:

46 LEGAL REVIEW:

Print Name: BY:

day of , 20 OFFICE OF THE GENERAL COUNSEL

Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone (954) 357-7600 Telecopier (954) 357-7641

BY: Angela J. Wallace (Date) Transportation Surtax General Counsel

47 REGULAR AGENDA-Oversight Board January 29, 2021

Item 3. Approval of the Minutes from October 29, 2020 Meeting and November 19, 2020 Retreat (provided separately)

48 REGULAR AGENDA-Oversight Board January 29, 2021

Item 4. Motion to Approve request for $90,000 in FY 2021 surtax revenues by Broward County Public Works, for the design of multi-use paths on Cypress Creek Road in Fort Lauderdale, to replace bicycle lanes, as part of a larger construction project to be funded by Florida Department of Transportation, District 4, with the City of Fort Lauderdale contributing $10,000. (Presentation follows)

49 NEW Project - Cypress Creek Road Multi-Use Path • FDOT’s I-95 projects will also improve mobility/access at Cypress Creek Road from Powerline Road to NE 9th Avenue • Current Design includes: Turn Lane Bike Lanes Sidewalks Resurfacing . City of Ft. Lauderdale Request – construct multi-use paths in place of bike lanes . Preliminary Analysis – Needed Right of Way (RoW) is available to develop requested multi-use paths

50 Project Location

51 FY 2021 Surtax Proposed Expenditures

• Multi-Use Path Design not in existing FDOT Scope or Project Budget will cost $100,000 • Requesting Surtax Funding of $90,000 (will be appropriated through FY2021 Supplemental Budget Process in April)  Ft. Lauderdale will contribute $10,000 through an ILA between City + County • Once City contribution is received and recognized, FDOT will contract with County for the full $100,000 (via a Local Funding Agreement or “LFA”) • Construction Cost – expected to be included in future FDOT Project Funding (not borne by surtax revenues)

52 Motion to Approve . . . as an eligible surtax proposed project and expenditure, the Design of the Cypress Creek Road (62nd Street) Multi-Use Paths (from Powerline Road to Northeast 9th Avenue), using $90,000 of FY 2021 surtax revenues and $10,000 of City of Fort Lauderdale funds, for a total of $100,000.

A transmittal memorandum to the County Administrator indicating Oversight Board approval of the proposed project and expenditure as eligible under Sec. 212.055(1)(d)(4), Florida Statutes, will be prepared for the Chair’s signature. County Commission will consider and approve requested Design costs as part of FY 2021 Supplemental Budget in April

53 REGULAR AGENDA-Oversight Board January 29, 2021 (cont.) Discussion Item(s) 5. Setting 2021 Oversight Board Meeting Dates NON-AGENDA • Member Reports

• General Counsel Report

• Board Coordinator Report

- ADJOURN JANUARY 29, 2021 MEETING-

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