Approval of the proposed Second Amendment will update the Interlocal Agreement for Transportation Surtax Services and supercede all other surtax related documents to reflect the changes described below.

In August 2018, the Broward MPO, Broward County and the municipalities of Broward County entered into an Interlocal Agreement (ILA) to establish the rules for the use of Surtax proceeds. In November 2018, the voters of Broward County approved a 1% surtax for the purpose of transportation. The Broward County Government entered into a contractual agreement with the Broward MPO to provide ranking recommendations to the County. This agreement is known as the Interlocal Agreement for Transportation Surtax Services and outlines the scope and terms for payment to the Broward MPO. In June 2019, the Broward MPO, Broward County and Broward's municipalities adopted the First Amendment to the Transportation Surtax Interlocal Agreement. This First Amendment clarified deliverables and the rules for project rankings.

The proposed Second Amendment to the ILA will serve as the successor agreement to be adopted by the Broward County municipalities, Broward County, and the Broward MPO and outlines and establishes the rules for which all parties must agree in order to be able to receive surtax funded projects. The Second Amendment identifies the process the MPO will use to rank the projects for Broward County. The language in the document will supercede all other surtax related documents such as project ILAs between Broward County, Broward MPO and any municipal government. Furthermore, this document deletes a "swap" mechanism as had been stated in previous surtax agreements. The reason that the "swap" was eliminated is because the chances of a project obtaining the same rank as a currently ranked project are around 0.002%, which is basically zero. The Second Amendment also provides detailed definitions and clarifies the process utilized to develop the rankings being submitted to Broward County, provides for a start date of the annual process, allows for Rehabilitation and Maintenance projects to be submitted after the County finishes the 61 projects that have already been submitted, and stipulates that the process for ranking will be the same as in cycle one. Finally, the Second Amendment provides for a five-year plan that is based off of the Minimum Annual Guarantee as outlined in the August 2018 ILA.

For the proposed Second Amendment to the ILA, please see the Attachments.

Broward MPO staff recommends approval of the Second Amendment to and Restatement of the Transportation System Surtax Interlocal Agreement. 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.