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98-22951 RESO RESOLUTION NO. 98-22951 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) NO.2 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF MIAMI BEACH, FOR THE ELECTROW A VE PROJECT; SUCH SUPPLEMENTAL JPA BEING REQUIRED BY FDOT ORDER TO MAKE OFFICIAL A $300,000 INCREASE IN THE STATE SHARE OF THE OVERALL PROJECT FUNDING; SUCH ADDITIONAL STATE CONTRIBUTION BEING ALREADY INCLUDED IN THE FISCAL YEAR 1998-99 ELECTROWAVE OPERATING BUDGET, WHICH WAS APPROVED AND FUNDS APPROPRIATED BY RESOLUTION NO. 98- 22885, OF SEPTEMBER 9, 1998. WHEREAS, on June 20, 1996, Resolution No. 96-22017 approved a Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and the City of Miami Beach, establishing a two-year funding package, in the amount of$3.51 million, for the 1996-97 and 1997-98 capital and operating needs of the City's Electrowave Circulator Shuttle Project; and WHEREAS, this $3.51 million JPA included City Resort Tax, State, and other funds; and WHEREAS, on October 3, 1996, a Supplemental JPA No.1, in the amount of$3,712,254 was issued by FDOT to reflect the inclusion of an additional $202,254 in City Resort Tax funds for the purchase of one additional shuttle vehicle, as ratified by Resolution No. 97-22279; and WHEREAS, a Supplemental JPA No.2, in the amount of $4,382,754, needs to be executed to reflect the inclusion of $670,500 in new funds, $300,000 of which being from FDOT; and WHEREAS, through Resolution No. 98-22885, of September 9, 1998, the City approved the FY 1998-99 Electrowave Operating Budget, which already includes all new funds, above mentioned; and WHEREAS, the JP A and its Supplements are overlapping documentation required by State rules. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the attached Supplemental Joint Participation Agreement (JPA) No.2 between the Florida Department of Transportation (FDOT) and the City of Miami Beach, for the Electrowave Project; such Supplemental JP A being required by FDOT in order to increase the State's share ofthe overall project funding by $300,000; such additional State contribution being already included in the Fiscal Year 1998-99 Electrowave Operating Budget, which was approved and funds appropriated by Resolution No. 98-22885, of September 9, 1998. PASSED AND APPROVED this the 4th day of November , 1998. f~~ MAYOR ATTEST: _{lr;br P ~M~ CITY CLERK APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION aJ ~M1I~ If-{ Attorney lD/2-7/0i I Date ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tp:\\ci.miaml-beach. f1.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM No.l <../ J - 9 ~ Mayor Neisen O. Kasdin and Members of the City Commission ./( Sergio Rodriguez //!-/i .: 1'_ ...-r ' City Manager "~,~i DATE: November 4,1998 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL JOINT P ARTICIP A TION AGREEMENT (JP A) NO.2 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF MIAMI BEACH, FOR THE ELECTROW AVE PROJECT; SUCH SUPPLEMENTAL JP A BEING REQUIRED BY FDOT IN ORDER TO MAKE OFFICIAL A $300,000 INCREASE IN THE STATE SHARE OF THE OVERALL PROJECT FUNDING; SUCH ADDITIONAL STATE CONTRIBUTION BEING ALREADY INCLUDED IN THE FISCAL YEAR 1998-99 ELECTROWAVE OPERATING BUDGET, WmCH WAS APPROVED AND FUNDS APPROPRIATED BY RESOLUTION NO. 98- 22885, OF SEPTEMBER 9, 1998. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. BACKGROUND This item is submitted to satisfy record-keeping requirements of the Florida Department of Transportation (FDOT), which is contributing an additional $300,000 in State funds to the ELECTROWA VE Project. ..N2 further appropriation of Resort Tax funds is being requested from the City, which, by Resolution No. 98-22885, already approved the $1.611 million FY 1998-99 ELECTROWA VE Operating Budget. The budget funding packet includes the new $300,000 State contribution, being ratified by this item. As a requirement of its funding process, FDOT maintains a Joint Participation Agreement (JPA) with the City for the ELECTROWAVE Project, which JPA is supplemented whenever funding for the overall project is increased and/or the reimbursement formula is adjusted, as it did this year. A history of the JPA for the ELECTROWA VE Circulator Shuttle Project follows: 06/20/96 The Original JP A at $3.51 million for capital and operating expenses to be incurred by the shuttle project in 1996-97 and 1997 -98, was approved by City Resolution AGENDA ITEM C 1 ..B DATEJ (-y--~g No. 96-22017. This funding packet included City Resort Tax, State, and grant funds, plus a Florida Power & Light donation of battery charging equipment. 10/03/96 A Supplemental JP A #1 added $200,000 in additional City Resort Tax funds to purchase one additional shuttle vehicle (the 7th). This change brought the total 2-year funding packet up to $3,712,254, as ratified by Resolution No. 97-22279. Presently This Supplemental JPA #2 adds $300,000 in new State funds (as well as $370,500 in new local and grant funds) to the ELECTROWA VE Project, which new funds are already included in the 1998-99 Budget, approved by Resolution No. 98-22885. The revised total 3-year JPA funding packet is now $4,382,754. ANAL YSIS This item is required by FDOT for its records. It is essential that the following be understood: 1. FDOT works within the constraints of a multi-year State funding packet for the ELECTROWA VE Project; and 2. Supplemental JP A #2 officially approves the State's new contribution, in the amount of $300,000, toward the approved 1998-99 Operating Budget, bringing FDOT's total 3-year contribution up to $1.6 million; and 3. On September 9, 1998, Resolution No. 98-22885 approved the ELECTROWAVE Operating Budget, which already includes the new State, City, and grant contributions, as well as carry-over funds needed for the shuttle service to operate during FY 1998-99; and 4. No further action is being required of the City Commission beyond approving this State- required Supplemental JP A #2, which is herein attached. The term of the Supplemental JPA #2 begins November 1, 1998, and ends January 20, 2001. All project-related costs must be incurred by the ending date and billed to FDOT within 120 days. CONCLUSION Approval of the Supplemental JP A #2 is recommended and requested by FDOT for its records. This funding is an essential component of the 1998-99 ELECTROWA VE Operating Budget, and requires approval by the City Commission. SR/c&AJ Attachments (ewsjpa#2)aj STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT # 2 FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 07/94 Page 1 0 f5 Job No: 87098-3841/3844 SAMAS Approp: 088774-99 SAMAS Obj.: 790004 Org. Code: 55062020629 Vendor No.: F596000372005 Fund: 010 Function: 631 Federal No: n/a Contract No: AD 666 WPI No: 6810341 f'C-- THIS AGREEMENT, made and entered into this 2!J:::day of JJ[)tJ~ - 199fY' by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and the CITY OF MIAMI BEACH 1700 Convention Center Drive. Miami Beach. FL 33139 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 20 entered into a Joint Participation Agreement; and of JUNE 1996 WHEREAS,the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $1.600.000 NOW, THEREFORE TIllS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is not amended. FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 07/94 Page 2 of5 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased/decreased by $750.500 bringing the revised total cost of the project to $4.462.754 Paragraph 4.00 of said Agreement is increased/decreased by $300.000 bringing the Department's revised share in the project to $1 600.000 3.00 Amended Exhibits: Exhibit(s) A.B C of said Agreement-rs-(are) amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended. Proiect completion time is extended to January 20. 2001. All proiect related costs must be incurred by the endin~ date and billed to the Department within 120 days. FORM 725-030-07 PUBLIC TRANSP ADMIN OGe - 07/94 Page 3 of 5 WPI NO. 6810341 JOB NO. 87098-3841/3844 Contract No. AD 666 Agreement Date -il- 20 - 'i Y Except as hereby modified, amended or changed, all other terms of said Agreement dated June 20. 1996 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. BY: 1(1/ DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM) AGENCY APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION APPROVED AS TO FORM, LEGALITY Neisen Kasdin .... , L -%00 -frrtJ TITLE: Mayor ~ r fCLLcL-- Robert Parcher, City Clerk ATTEST: Director. Planning & Programs. District Six TITLE ~/$~-L / () /1-{) /1I/ , IDote FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 07/94 Page 4 of5 WPI NO. 6810341 JOB NO. 87098-3841/3844 Contract No. AD 666 Agreement Date NOV 2 0 1998 A TT ACHMENT "A" . SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental J oint Participation Agreement between the State of Florida, Department of Transportation and the CITY OF MIAMI BEACH 1700 Convention Center Drive. Miami Beach, FL 33139 dated June 20. 1996 DESCRIPTION OF SUPPLEMENT (Include justification for cost change): This Agreement increases Department funding by $300.000 to a total of $1.600.000. I. Project Cost: As approved As amended Net Change Capital Acquisition (7 Electric Vehicles) Operating Expenses Marketing Administration Contingency $1,416,497 $1,796,580 $ 60,000 $ 102,492 $ 336,685 $1,408,143 $2,555,434 $ 60,000 $ 102,492 $ 336,685 $ (8,354) $ 758,854 o o o $3,712,254 $ 4,462,754 $ (80,000) $ 750,500 $ (80,000) Less: Advertising Revenue: Total Project Cost $3,712,254 $4,382,754 $ 670,500 II. Fund Participation: Local Cash-CMB (Res. #96-21894(Annual Appropriation) Cash-CMB (One-Time Capital Contribution) Cash-CMB (Res. # 98-22885) Less: Advertising Revenue Subtotal (54.08%) $1,300,000 $ 712,254 $ 438,000 $ (80,000) $2,370,254 Other Florida Power & Light Donation (Charging Unit) Florida Power & Light Donation (Technical Ass!.) Clean Cities Coalition Grant ICLEI Subtotal (9.41 %) $ 150,000 $ 50,000 $ 200,000 $ 12,500 $412,500 Maximum Department Participation Transit Corridor Development (DS) Service Development (DDR) Service Development (DS) Subtotal (36.51 %) $ 650,000 $ 650,000 $ 300,000 $1,600,000 Total Net Project Cost (100%) $4,382,754 <'0 RM 725 -030-07 PUBLIC TRANSP ADMIN OGC - 07/94 Page 5 of5 WPI NO. 6810341 JOB NO. 87098-3841/3844 CONTRACT NO. AD666 Agreement Date MeV 20 1998; EXHIBIT "C" (GENERAL - with Safety Requirements) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and the CITY OF MIAMI BEACH 1700 Convention Center Drive. Miami Beach. FL 33139 dated June 20.1996 Reference statutes as applicable. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341. 061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 14-55. Fixed Guideway System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Exhibit "c" Revision to Project Budget/Department Reimbursement Prior to implementation of a fare collection system, the Agency shall submit a revised Project Budget for approval to the Department. RECYCLED PAPE_ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01 ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 03/98 ------------------------------------------------------------------ ------------------------------------------------------------------ RUSH Reason for RUSH : Advertise Award LOA New Addition Supplemental #2 Contract # AD 666___ Contract Type Vendor Name City of Miami Beach___ Has Written/Verbal Approval from a been received N/A Yes No Fed Agmt Amt_O State Funds$300,000__ Local Funds$300,000 Beginning date of this Agmt: 11/01/98 (Must be after fund approval) Ending date of this Agmt: 01/20/01(Estimate if necessary) Execution date of this Agmt: __/__/__(Only on original agreements) Has work been authorized to begin? Yes X No Have standard financial provisions been altered by contract terms? Yes X No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes X No (Needed by / /____ (date)) (Letting Date) X Supplemental Court Order Termination/Cert of Comp Renewal Correction Overrun AH Method of Procurement Vendor ID F596000372005 Participating Federal Agency G ****************************************************************** Brief Description of Work/Comments: Supplemental # 2 Provide additional operating assistance for Electrowave project. WPI 6810341 ****************************************************************** ORG-CODE *EO * OBJECT * AMOUNT (FISCAL YEAR) *FIN PROJ or JOB # *FCT (FUND) alpha ------------------------------------------------------------------ ------------------------------------------------------------------ 55 062020629 *11 * 790004 * $300,000_____ * 87098384150 (98/99) (ds) *631 55 xxxxxxxxx *xx * xxx xxx * $ (xx/xx) * xxxxxxxxxxx (xxxx) *xxx 55 xxxxxxxxx *xx * xxxxxx * $ (xx/xx) * xxxxxxxxxxx (xxxx) *xxx TOTAL AMOUNT * $300,000 * Originator:_Ed Carson DATE SENT: 09Sept98 PH/SC: 452-5911__ E-mail USERID(s) PT629EC ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ****************************************************************** BUDGET ENTITY 5590 WORK PROGRAM VERIFICATION ALLOTMENT 2,116,836.00 CI S02 6S LINE 0003 FUNDS APPROVED BY JOHN FAIN FOR THOMAS F. BOYD, CPA, COMPTROLLER CATEGORY __N/A YEAR 99 088774-99 DATE CHECKED 9/10/98 DATE: 9/16/98 ******************************************************************