Approval of this item will adopt a resolution that allows the MPO to initiate the governmental conflict procedure as specified in Chapter 164, Florida Statues. This is being done in order to resolve an ongoing dispute with Broward County regarding language in the Interlocal Agreement (ILA) for Transportation Surtax Services which prohibits the MPO from providing services to municipalities and prevents municipalities who enter into a contract with the MPO for services to receive Surtax funds.

In April 2019, the Broward MPO entered into an ILA for Transportation Surtax Services with Broward County providing for the MPO to annually review, rank, and prioritize municipal projects based upon each project’s ability to alleviate traffic congestion and enhance connectivity. Since this contract, the MPO has also entered into ILAs with other municipalities to provide planning services. On August 25, 2020, the County Commission approved an ILA for the County to engage in providing Surtax funds to municipalities. In this ILA, there is language that prohibits the MPO from providing services to the municipalities in Broward County. If the municipality has a contract with the MPO, they will not receive Surtax funds. The MPO has objected to this language.

Outlined in section XI of the initial ILA between Broward County and the MPO, a dispute resolution process is to be followed. The first step is for the MPO Executive Director to meet with the County Administrator to attempt to resolve the dispute. This meeting occurred on July 20, 2020 and no resolution was found as a result of this meeting. The second step in the process is to utilize the governmental conflict procedure as specified in Chapter 164, Florida Statutes. The Resolution, provided in the Attachment, will formally notify Broward County that we wish to resolve our differences through that procedure.

This item originally appeared on the October 8 MPO Board meeting agenda. However, after much discussion at that meeting, the Board voted to defer this item to the December 10, 2020 MPO Board meeting to allow the MPO and Broward County more time to work out a compromise regarding surtax efforts. However, due to the December meeting being canceled, this item moved to the next scheduled MPO Board meeting.

Since that time, Broward County has initiated an attempt to adopt a second global ILA. An earlier version of this ILA provided language that would satisfy our agency with regard to the Chapter 164 Resolution. At the time of publication for this agenda, the final version is still yet not available, as it is awaiting approval from the County Administrator. If we receive the ILA and it is in a form that satisfies the Broward MPO, and is adopted by the Board as an action item, then this item will be withdrawn by MPO General Counsel at the January 28, 2021 Board meeting.

The Executive Committee recommends approval of the Resolution to Initiate the Conflict Resolution Procedures Set Forth in Chapter 164, Florida Statutes.

MPO staff recommends continuation of this item until the next MPO meeting to allow the County to implement language agreed to in the second amendment to the ILA. Questions and comments will be addressed at the meeting.

If you have any questions about this item, please contact Bryan Caletka at (954) 876-0070 or caletkab@browardmpo.org.