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2002-24870 Reso RESOLUTION NO. 2002-24870 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR JUNE 19,2002, TO HEAR PUBLIC COMMENT REGARDING THE APPROPRIATION OF $735,821 IN FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5309 FUNDS, AS REQUIRED BY 49 U.S. CODE CHAPTER 53; THESE FUNDS, EARMARKED IN FISCAL YEAR 1999-2000 FOR THE PURCHASE OF BUS AND BUS-RELATED EQUIPMENT FOR THE ELECTROWAVE SHUTTLE SERVICE, MUST BE APPROPRIATED IN JUNE 2002 TO MEET FTA REQUIREMENTS; AND FURTHER STATING THAT THE REQUIRED TWENTY PERCENT LOCAL MATCH WILL BE PROVIDED, INSTEAD, BY A FLORIDA DEPARTMENT OF TRANSPORTATION "SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS. WHEREAS, the Miami Beach Electrowave Shuttle Project has been the recipient of Federal Transportation Appropriations Budget earmarks, utilizing Federal Transit Administration (FTA) Section 5309 funds, since Fiscal Year 1997-98; and WHEREAS, to date, Miami-Dade Transit (MDT) has been the only "designated recipienf of FTA funds in the entire County; has acted as coordinator/pass-through of funds specifically earmarked for the Electrowave; and has conducted the federally-required Public Hearing on the funds and their intended uses; and WHEREAS, FTA Section 5309 funds have a three-year life span, and are available for the acquisition of buses, bus-related equipment and/or facilities; and WHEREAS, the Fiscal Year 1999-2000 Transportation Appropriations Bill earmarked $735,821 in FT A funds for capital purchases of the Electrowave Shuttle Service; the expiration date for these funds is September 30, 2002; and WHEREAS, with this $735,821 earmark, the City will become a "designated recipienf of FTA funds, independent of MDT; is required to hold a publiC hearing on this and any subsequent FTA allocations and their proposed uses, according to 49 U.S.C (United States Code), Chapter 53; and is also required to file, electronically, an application/fund appropriation packet with the Regional FTA Office, in Atlanta, Georgia; and WHEREAS, a date needs to be set and advertised for the required Public Hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set a Public Hearing for June 19,2002, to hear public comment regarding the appropriation of $735,821 in Federal Transit Administration (FTA) Section 5309 funds, as required by 49 U.S.C., Chapter 53; these funds, earmarked in Fiscal Year 1999-2000 for the Electrowave Shuttle Service, must be appropriated in June 2002 to meet FTA requirements; and further stating that the required twenty percent local match will be provided, instead, by a Florida Department of Transportation "soft" match, utilizing State toll revenue credits. ,2002. PASSED AND APPROVED this the ~LP~ CITY CLERK F:\WORK\$TRA\AMELlA\FT A\FT A$735,821 memo.doc APPROVED AS TO FORM & LANGUAGI! & FOR EXECUTION 1V ~!.-~-+ ~ 0I8t CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 19, 2002, REGARDING THE APPROPRIATION OF $735,821 IN FEDERAL TRANSIT ADMINISTRATION FUNDS EARMARKED FOR CAPITAL PURPOSES OF THE ELECTROWAVE SHUTTLE SERVICE. Issue: Shall the City set a Public Hearing for June 19,2002, and appropriate the FTA funds? Item Summarv/Recommendation: With this $735,821 federal earmark for Electrowave capital purchases, the City will become a "designated recipienf' of FT A Section 5309 funds, independent of Miami-Dade Transit. It is advantageous to the City because the City will be independent of Miami-Dade Transit, City and FTA will deal directly with each other and the City will become eligible to receive operating funds. These funds are due to expire on September 30, 2002. Consequently, the City is required (by 49 U.S. Code Section 53), to hold a public hearing on the appropriation of these FTA funds. There is also a need to set the date for the hearing no later than June 19,2002, to meet FTA requirements. Once the funds are appropriated by the City, our application is electronically filed with FTA, and the funds are "obligated" by FTA for the City-proposed purposes, the City may take one year or more to encumber and expend these funds. Additional information regarding the proposed appropriation will be provided with the Agenda Item for the June 19, 2002 meeting, when the Public Hearing will be held, the Administration recommends approval of the Resolution. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: Source of Funds: Soft match by FDOT utilizing toll rev.credits ~ Finance Dept. $735,831 .,. F:\WORK\$TRA\AMELlA\FT A\FT A$735,821 CIS.doc AGENDA ITEM C 7 P DATE SeJ.,-oJ.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~. ~ City Manager () VV' 0 Date: May 29, 2002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR JUNE 19, 2002, TO HEAR PUBLIC COMMENTS REGARDING THE APPROPRIATION OF $735,821 IN FEDERAL TRANSIT ADMINISTRATION (FT A) SECTION 5309 FUNDS, AS REQUIRED BY 49 U.S.CODE CHAPTER 53; THESE FUNDS, EARMARKED IN FISCAL YEAR 1999-2000 FOR THE PURCHASE OF BUS AND BUS-RELATED EQUIPMENT FOR THE ELECTROWAVE SHUTTLE SERVICE, MUST BE APPROPRIATED IN JUNE 2002 TO MEET FTA REQUIREMENTS; AND FURTHER STATING THAT THE REQUIRED TWENTY PERCENT LOCAL MATCH WILL BE PROVIDED, INSTEAD, BY A FLORIDA DEPARTMENT OF TRANSPORTATION "SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS. ADMINISTRATION RECOMMENDATION Adopt the Resolution that sets the Public Hearing. ANALYSIS Up to this point, Miami-Dade Transit (MDT) has been the only "designated recipient" of Federal Transit Administration (FTA) funds in the entire County, and has acted as coordinator/pass-through of FT A funds that have been specifically earmarked for the Miami Beach Electrowave Shuttle Service, by the U. S. Congress. Consequently, MDT has also conducted the public hearings on the funds, as required by 49 U.S.C (United States Code), Chapter 53. The FY 1999-2000 Transportation Appropriations Bill earmarked $735,821 in FTA Section 5309 (bus and bus-related equipment) funds for capital purchases of the Electrowave Shuttle Service. The expiration date for these funds is September 30, 2002. Beginning with this Congressional earmark, in the amount of $735,821, the City will become a "designated recipient" of FT A funds, independent of MDT. Therefore the City of Miami Beach is required to hold a public hearing on this and any subsequent FTA funding allocations and their proposed uses. The benefits of becoming a "designated recipient" follow: Commission Memorandum FTA funds for Electrowave May 29, 2002 Page 2 o The City will become independent of Miami-Dade Transit, which normally has given low priority to the handling of our FT A funding applications and requests for reimbursement. o The City and FTA will deal directly with each other, thereby expediting all processes. o The City will become eligible to receive additional FT A funds, above and beyond the present Section 5309 funds. o The City will also 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 "designated recipient" of FTA funds, the City must adhere to the following FTA process: 1. City initiates the FT A 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. 4. City files the application/appropriation packet electronically with the FT A 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 (MBTMA) and signed electronically by designated officials (City Attorney and Director of Public Works). 5. FT A Regional Office reviews the paperwork, attaches a number to the funding application (grant number), and submits it to the next level of approval. 6. FTA CentrallWashington D.C. reviews/approves the Regional Office recommendation. 7. U.S. Department of Labor reviews for compliance with labor laws. 8. FT A "obligates" the funds for the Electrowave purchases and issues a notice to proceed to the City, by August-September (in this case). Once FTA obligates the funds they are secured for the intended purposes. 9. At a timeline that is convenient to the City, the City Procurement Division issues requests for proposals (RFPs) to vendors of the capital items approved in the budget for purchase. The entire procurement process has to abide by all federal requirements. Commission Memorandum FTA funds for Electrowave May 29, 2002 Page 3 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. 12. FT A reimburses the City for the approved expenditures made under the obligated FT A funds. Therefore, June 19, 2002 is the last feasible date for the City Commission to hold the required public hearing and appropriate the $735,821 in FT A funds, so that FT A can "obligate" the funds prior to the end of August. Any delay in this process will result in these funds being set aside as an unobligated 3-year old earmark, and included in the "annual rescissions list" prepared by the U.S. Congress, as part of the Transportation Appropriations Bill. When placed on the rescissions list, the funds are no longer available to the City. The Administration proposes that the City hold the public hearing and appropriate (but not yet encumber) the FT A funds for the following Electrowave capital purchases: FT A Section 5309 funds.................................................... $735,821 Two (2) Electric/Hybrid Buses Preventive Maintenance (Tires,controllers, etc.) Three (3) Automatic Bus Voice Systems 14 Automatic Passenger Counting Systems Four (4) Battery Sets (FOB delivered) $280,000 each $ 14,000 per bus $ 3,500 per bus $ 12,500 per set Subtotal: Contingency-10% of Total Funds Administrative - 5% of Total Margin Total Proposed Expenditures: $560,000 $ 23,000 $ 42,000 $ 49,000 $ 50.000 $724,000 $ 7,358 $ 3,679 $ 748 $735,821 The Commission Memorandum for the June 19, 2002 meeting will provide detailed explanation and justification for the above-mentioned capital budget proposal. It will explain the purposes of the proposed capital purchases; the additional operating costs that would be generated by either enhancing the existing route services or creating a new route, i.e. on West Avenue; and what sources would be tapped to help fund the additional costs. Once again, it is important to understand that the urgency here is to have the $735,821 appropriated by the City and "obligated" by FT A, prior to the funds expiration date. However, the City will not encumber these funds until the following is done: CJ FT A obligates the funds and gives a notice to proceed with the purchases. Commission Memorandum FT A funds for Electrowave May 29, 2002 Page 4 o The City has fully expended the previous FT A funds ($744,375 obligated in July 18, 2001) for the authorized purchases. o A FY 2002-03 operating budget is approved and adopted by the City for the Electrowave Shuttle Service; and the City/MBTMA initiate the purchasing process. The Administration recommends approval of the Resolution. JG/RM/FB/JJ/AJ F:\WORK\$TRA\AMELlA\FT A\FT A$735,821 memo.doc