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2003-25219 ResoRESOLUTION NO. 2003-25219 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING ON MAY 21, 2003, AUTHORIZING THE APPROPRIATION OF $400,000 IN FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5309 FUNDS, EARMARKED IN FISCAL YEAR 2000- 01 FOR THE PURCHASE OF BUS AND BUS-RELATED EQUIPMENT FOR THE ELECTROWAVE SHUTTLE SERVICE; THE REQUIRED TVVENTY PERCENT LOCAL MATCH WILL BE PROVIDED BY A FLORIDA DEPARTMENT OF TRANSPORTATION "SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS; AND FURTHER AUTHORIZING THE ADVANCEMENT OF $400,000 IN CITY FUNDS FOR THE PURCHASES, FOR SUBSEQUENT REIMBURSEMENT BY THE FTA FUNDS. WHEREAS, beginning Fiscal Year 1997-98, the Miami Beach Electrowave Shuffle Project has received Transportation Appropriations Budget earmarks, utilizing Federal Transit Administration (FTA) Section 5309 funds; and WHEREAS, as a sub-designated recipient of FTA funds, the City is required to hold a public hearing on this and any subsequent FTA allocations and their proposed uses, according to 49 U.S.C, Chapter 53; and is also required to file, electronically, an application/fund appropriation packet with the Regional FTA Office, in Atlanta, Georgia; and WHEREAS, FTA Section 5309 funds have a three-year life span, and are available for the acquisition of buses, and bus-related equipment and/or facilities; and WHEREAS, the Fiscal Year 2000-01 Transportation Appropriations Bill earmarked $400,000 in FTA funds for capital purchases of the Electrowave Shuttle Service; the expiration date for these funds being September 30, 2003; and WHEREAS, the proposed budget for the $400,000 in FTA Section 5309 funds, is attached hereto, and made part of this Resolution as Exhibit "A;" and WHEREAS, on April 30, 2003, the Mayor and City Commission authorized and set a Public Hearing for May 21,2003, as required by 49 U.S.C., Chapter 53. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed Public Hearing on May 21,2003, hereby authorize the appropriation of $400,000 in Federal Transit Administration (FTA) Section 5309 funds for the purchase of bus and bus-related equipment for the Electrowave Shuttle Service; the required twenty percent local match will be provided by a Florida Department of Transportation "soft" match, utilizing State toll revenue credits; and further authorize the advancement of $400,000 in City funds for the purchases, for subsequent reimbursement by the FTA funds. PASSED AND APPROVED this the 21st ATTEST: CITY CLERK F:\WORK~$TRA~,M E LIA\FTA\FTA$400,000PublicHearing.doc ,2003. APPROVED AS TO FORM & LANGUAGE & FOR EXE~ON City Attomey~/~ Date EXHIBIT "A " CITY OF MIAMI BEACH, FLORIDA PROPOSED BUDGET FOR THE UTILIZATION OF FTA SECTION 5309 FUNDS FOR BUS AND BUS-RELATED EQUIPMENT PURCHASES OF THE ELECTROWAVE SHUTTLE SERVICE FY 2000-01 FTA Section 5309 funds for Electrowave at $400,000 Two (2) Diesel Buses (at $195,000 each) $390,000 Balance/Contingency $ 10,000 Total Proposed Expenditures: $400,000 F:\WO RK~TRA~AM ELIA\FTA\FTA$400,000PublicH earing.d oc Apr-08-0~ O2:4Tpm From-FTA ATLAnTA,GA, +4045523505 T-01g P 02/0Z F-T55 U.S, Department of Trar~sporta~ion Federal Transit Administration REGION IV AZaD~ma, Flodda, Georgia, KentuCky, ~ssiss~ppi, North Carolina. Pue~ R~co. Sau[h Cat, ina. Tenness~ 61 Forsyt~ Street. $.W. Suite 17T50 Atlanta, GA 30303-8917 404-562.'~500 404-562-3505 (faxJ April 9, 2003 Mr. J'oseph W. Johnson rtl, AICP Director, Transportation/Concurrency Management City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr..lohnson: The purpose of this letter is to advise you of the potential lapse of Fiscal Year 2001 unobligared Section 5309 Bus allocation to the Miami-Hialeah urbanized area in the amount of $400,000. The Miarai-Hialeah urbanized area was suballocated $4,000,000 under a FY 2001 Congressional · earmark to the State of Florida in the amount o£$15,349,848 with 10°,4 of that amount allocated for the City of Miami Beach. As of September 30, 2003, therefore, these funds would no longer be available for bus transit projeets within the Miami-Hialeah urbarfized area. I encourage you to develop the Section 5309 bus application in the FTA TEAM3,VEB system as soon as possible (submitted to FTA no later than 4-30-2003) to ensure timely review and award of the grant application so that these funds do not lapse. Please feel free to contact me at 404/562- 3509 for assistance in development of this grant application. Elizabeth B. Martin Communky Planner ' cc: Doug Oreist, Office of Public Transportation Management EXHIBIT "A " CITY OF MIAMI BEACH, FLORIDA PROPOSED BUDGET FOR THE UTILIZATION OF FTA SECTION 5309 FUNDS FOR BUS AND BUS-RELATED EQUIPMENT PURCHASES OF THE ELECTROWAVE SHUTTLE SERVICE FY 2000-01 FTA Section 5309 funds for Electrowave at $400,000 Two (2) Diesel Buses (at $195,000 each) $390,000 Balance/Contingency $ 10,000 Total Proposed Expenditures: $400,000 F:\W ORK~$TRA~AM ELIA\FTA\FTA$400,000PublicH earing.d oc 'FY OF MIAMI BEACH NOT, CE OF A PUBLIC HEARING CORRECTED NO ICC ~/[ NOTICE IS HEREBY given that · . '1' /I ~ee~lCnh,~:n.,t~e..C°mmission Cha~bPerU.bl'c~-h-,e.a,r'ng _will be heid b the -....,~y, May 21 2.... o[u ~toor ~it Ha Y M_~. aHU ~lTy L;om ' ' I~ Fec~',ralTrensit~.,_:_~.O?3atll:OOa.m to~.^,y. _:.1700ConventiOnce., .... m?s~onoftheCitVofM~.,~ to meet FTA renui.~:-'. ~.,vu-ul for he Electrow~.'.'~.oJ ~ required by 49 U S ~ ,:..".?'?,up_r~at~on of $400 000 of Transr~or,o~ .~,.,.~,,~ms; and further stat n th --~ o.u?~e Project, must be ' "r~'~prer .~3; these capital' fun ........ or[ match, utilizinn St~'~ ?-', at the required local match ,,,,,, ~a_p~ P~,ated no later than May ~dns~ ---,.,,n,~=~ may be directed to the Trans,~ortati- ~ ~. un ~.Oncurrency Management Division at (305) 673-7514. ALL INTERESTED PARITIES are invited to appear at th s hearm nHc~lil~eMij¢~idBeach, Florida 33139. This meeting may be continued and under such circumstances additional legal Robert E. Percher, City Clerk City of Miami Beach ~ursuant to Section 286.0105. Fla. Stat., the City hereby advises decision made by the City Commission with respect to any matt the pubhc that· ~f a person dec~d person must ensure that a verbs ~V~dence upon which ~h~ -_ !lin reCOrd of the nrn,-~.,:-- · er considered at/ts ~.,-- les to appeal an ...... ne, othe..,se al,owed bV~;;~ 'naom,sa,bla or ~rrale~n,~;.~°.'~°nst't~te consent b~ ....... nor does ,t authoi:iz. in accordance with the American P~icipate in this prOcaedin .... s with Disabilities Act of 1~,~ -- ~3u0D~i~c~a~a°L'p. accessible for~,~.ro'r°tr~e~..u_e.~t '.nfo. rmation on ac~' f.-rsons need,ng.special acco . h,, ~,..~.,..~-,..e, 1, no later than fo[~r ~o[~..,_-~u.e.s.~ ~lgn language inter r or persons w~th d sub ities, or mmodatlon !o ...... ,Jua Helay Service ..~.-. "?Z~ ~or ~0 tne proceedinn - ~- p e. ters., should contact th~, r.:. ~.t,o r_e, quest this ..... u~s, [uu0) 955-8771 cr-r~, i'~'2' .earing ~mpaired contact t'~,~ ~"~,~erks office at (Ad #I 77) ~,, ~) or (au0) 955-8770 (VO/~E) ...... i~y ~erk's office via CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: Public ~ IA Resolution authorizing the appropriation of $400 000 In Federal Transit Administration (FTA) Section 5309 funds for the purchase of two diesel buses for the Electrowave Shuttle Service, as required by 49 U S Code Chapter 53; the required twenty percent (20%) local match being provided by a Florida Department of Transportation (FDOT) soft match, utilizing State toll revenue credits; and further authorizing the appropriation of City funds for the purchases, for subsequent reimbursement by the FTA funds. Issue: Shall the City appropriate the FTA funds earmarked in FY 2000-01 for Electrowave capital purchases? Item Summary/Recommendation: As a sub-designated recipient of FTA capital funds, the City is required to hold a public hearing on both the appropriation of $400,000 in FTA Section 5309 funds and the proposed budget for the intended purchases. These funds will expire September 30, 2003, if not appropriated by the City and "obligated" by FTA prior to the funds expiration date. The Administration proposes to utilize the funds to purchase two (2) diesel buses to begin replacement of the existing electric-battery fleet. Once appropriated by the City, these new funds will not be encumbered until a previous $1.183 million in FTA funds (already appropriated and obligated for the purpose) are properly expended. Replacement of capital will not add to the operating cost of the shuttle service. The required 20% local match will be provided by FDQT as a "soft" match, utilizing toll revenue credits. At the appropriate time, the City will have to advance City funds for the purchases, for subsequent reimbursement by the FTA funds. The Administration recommends approval of the Resolution. Advisory Board Recommendation: IN/A Financial Imorma[,on; Amount to be expended: Source of F u n d s: $400,000 (FTA) To be established by City after funds are appropriated by Resolution. ~ ~ match by FDOT N/A ~ Soft !~ ~;, ~, ~'i~utilizing toll rev.credits Finance Dept. !½~ $400,000 F:\W ORK~$TRA~AM ELIA\FTA\FTA$400.000CIS.doc AGENDAITEM ~?F DATE ,~--~/- 42~..~ ... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~ www,ci.miami-beach .fl .us ~ To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: May 21,2003 Gonzalez Jorge M. ~ City Manager Public Hearing A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $400,000 IN FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5309 FUNDS, EARMARKED IN FISCAL YEAR 2000-01 FOR THE PURCHASE OF TWO DIESEL BUSES FORTHE ELECTROWAVE SHUTTLE SERVICE; THE REQUIRED TWENTY PERCENT LOCAL MATCH WILL BE PROVIDED BY A FLORIDA DEPARTMENT OF TRANSPORTATION "SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS; AND FURTHER AUTHORIZING THE ADVANCEMENT OF $400,000 IN CITY FUNDS FOR THE PURCHASES, FOR SUBSEQUENT REIMBURSEMENT BY THE FTA FUNDS. ADMINISTRATION RECOMMENDATION Hold the Public Hearing on the federal funds, as required by 49 U.S.C (United States Code), Chapter 53, and adopt the Resolution. ANALYSIS The FY 2000-01 Transportation Appropriations Bill earmarked $400,000 in Federal Transit Administration (FTA) Section 5309 funds for the purchase of two (2) diesel buses for the Electrowave Shuttle Service. The expiration date for these funds is September 30, 2003. Therefore, as a sub-designated recipient of FTA funds, the City of Miami Beach is required, by 49 U.S. Code Chapter 53, to hold a public hearing on this and any subsequent FTA funding allocations and their proposed uses, prior to appropriating the funds for the intended purposes. The $400,000 in FTA Section 5309 funds have been officially recorded as follows: FY 2002-03 M-D County Transportation Improvement Programs (TIP), Page 149 · FDOT Work Program, FM # 41361719401 · State TIP (STIP) Page 774 Please refer to the attached letter from FTA, dated April 9, 2003, alerting the City to the upcoming expiration date of the funds. May 21, 2003 Commission Memorandum FTA funds for Electrowave Page 2 The proposed budget for the recommended capital purchases is as follows: Two (2) diesel buses: Unit cost: $195,000 Contingency (balance) $390,000 $ 10,000 Total Proposed Expenditures: $400,000 Once again, it is important to understand that the urgency here is to have the $400,000 appropriated by the City and "obligated" by FTA, prior to the fund expiration date. The City will not encumber these new funds until the existing funds (over $1 million already appropriated for bus/bus equipment purchases) are fully expended. No additional operating costs will be generated, since the diesel buses will begin the scheduled replacement of the six (6) electric-battery operated buses purchased in 1996-97, and, subsequently of the additional four (4) electric buses purchased in 1998-99. The benefits of being a sub-designated recipient of FTA funds follow: The City and FTA deal directly with each other, not via Miami-Dade Transit (MDT) as in the past. In October 2004, the City will become eligible to receive operating funds (Supplemental Urbanized Area Formula Funds) due to the fact that the Electrowave-generated ridership will be included in the National Transit Data Base. As a sub-recipient of FTA funds, the City must adhere to the following FTA process: 1. City initiates the FTA fund application/appropriation process (including a budget for the proposed expenditures) at any time during the 3-year life span of the funds, but no later than eight (8) months prior to the September 30 fund expiration date. 2. The City either requests that FDOT produce a 20% "soft" match to the earmarked FTA funds, utilizing state toll revenue credits; or the City produces a 20% cash match. 3. City holds a properly advertised public hearing on the FTA funds, appropriates the funds and the related expenditures budget. City files the application/appropriation packet electronically with the FTA Regional Office in Atlanta, Georgia, no later than April 1st of any given year. The City submission is prepared electronically by the Miami Beach Transportation Management Association (M BTMA) and signed electronically by designated officials (City Attorney and Director of Public Works). May 21, 2003 Commission Memorandum FTA funds for Electrowave Page 3 FTA Regional Office reviews the paperwork, attaches a number to the funding application (FTA "grant" number), and submits it to the next level of approval. 6. FTA Central/Washington D.C. reviews/approves the Regional Office recommendation. = U.S. Department of Labor reviews for compliance with labor laws. FTA "obligates" the funds for the Electrowave purchases and issues a notice to proceed to the City. Once FTA obligates the funds they are secured for the intended purposes. At a timeline that is convenient to the City, the City Procurement Division either issues requests for proposals (RFPs) to vendors of the capital items approved in the budget; or utilizes on-going state, county, or municipal contracts for the purchases. The entire procurement process has to abide by all federal requirements. 10. City pays the vendor invoices, utilizing City funds advanced for the purpose. 11. City submits invoices/request for reimbursement to the FTA Regional Office; and 12. FTA reimburses the City for approved expenditures under the obligated funds. Due to the fact that the $400,000 in FTA funds will be lost to the City if not "obligated" by FTA by August-September 2003, the Administration recommends approval of the Resolution. J a~ch/mFeB/JJ/AJ nts: Letter from FTA dated April 9, 2003 Listing of FTA funds for the Electrowave Shuttle Project F:\WORK~TRA~AM E LIA\FTA\FTA$400,000PublicHearing.doc