2003-25183 ResoRESOLUTION NO. 2003-25183
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR MAY 21, 2003, TO HEAR
PUBLIC COMMENT REGARDING THE APPROPRIATION OF $400,000 IN FEDERAL
TRANSIT ADMINISTRATION (FTA) SECTION 5309 FUNDS, AS REQUIRED BY 49 U.S.
CODE CHAPTER 53; THESE FUNDS, EARMARKED IN FISCAL YEAR 2000-01 FORTHE
PURCHASE OF BUS AND BUS-RELATED EQUIPMENT FOR THE ELECTROWAVE
SHUTTLE SERVICE, MUST BE APPROPRIATED IN MAY 21, 2003, TO MEET FTA
REQUIREMENTS; AND FURTHER STATING THAT THE REQUIRED TWENTY PERCENT
LOCAL MATCH WILL BE PROVIDED BY A FLORIDA DEPARTMENT OF
TRANSPORTATION "SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS.
WHEREAS, beginning Fiscal Year 1997-98, the Miami Beach Electmwave Shuttle Project has
been the recipient of Federal Transportation Appropriations Budget earmarks, utilizing Federal Transit
Administration (FTA) Section 5309 funds; and
WHEREAS, FTA funds have a three-year life span from their earmark date, and are available
for the acquisition of buses/bus equipment, and the construction of bus facilities; and
WHEREAS, the Fiscal Year 2000-01 Transportation Appropriations Bill earmarked $400,000 for
bus capital purchases of the Electrowave Shuttle Service; the expiration date for these funds being
September 30, 2003; and
WHEREAS, according to 49 U.S.C (United States Code), Chapter 53, fund recipients are
required to hold a public hearing for the FTA funds and their proposed uses; and file an application/fund
appropriation packet with the Regional FTA Office, in Atlanta, Georgia; and
WHEREAS, a date for the required Public Hearing needs to be set and advertised.
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 May 21,2003, to hear public comment regarding the appropriation of $400,000 in Federal Transit
Administration (FTA) Section 5309 funds, as required by49 U.S.C~ Chapter 53; these funds, earmarked
in Fiscal Year 2000-01 for the Electrowave Shuttle Service, must be appropriated no later than May
2003 to meet FTA requirements; and further stating that the required twenty percent local match will be
provided by a Florida Department of Transportation "soft" match, utilizing State toll revenue credits.
PASSED AND APPROVED this the 30th day of
ATTEST:
CITY CLERK
F:\WORK~$TRA~AM ELI^\FTA\FTA$400,000memo.doc
,2003.
APPROVED/t3 TO
FORM & LANGUAGE
& FOR EXEP.,UTIOI~
Apr-09-03 OZ:4Tpm From-FTA ATLANTA,GA, .+404562359~ T-O19 P.OZ/OZ F-T55
U.S. Department
of Transportation
Federal Transit
Administration
REGION IV
A~aOama, FIo¢~da. Georgia,
Kentucky, M~$sissippi,
North Carolina, Puerto
Rico, South Carolina,
Tennessee
61 Forsyttt Street, S.W.
Suite 1 ?T50
Atlanta. GA 30303-8917
404-562-3500
404-562-3505 (fax}
April 9, 2003
Mr. Joseph W. Johnson III, AICP
Director, Transportation/Concurrency Management
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
Dea~ Mr. Johnson:
The purpose of this letter is to advise you of the potential lapse of Fiscal Year 2001 unobligated
Section 5309 Bus allocation to the Miami-Hialeah urbanized area in the amount of $400,000. The
Miami-Hialeah urbanized area was suballocated .$4,000,000 under a FY 2001 Congressional
earmark to the State of Florida in the amount of $15,349,848 with 10% 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 projects within the Miarni-Hialeah urbanized area.
I encourage you to develop the Section 5309 bus application in the FTA TEAMWEB 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.
S~ly,
Elizabeth B. Martin
Community Planner
cc: Doug Greist, Office of Public Transportation Management
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
DEPARTMENT OF PUBLIC WORKS
April 1, 2003
Mr. Rene R. Rodriguez, PE
Intermodal Programs Manager
Florida Department of Transportation, District Six
602 South Miami Avenue
Miami, Florida 33130
SUBJECT: Request for FDOT Soft Match to FTA Section 5309 funds-Electrowave
Dear Mr. Rodriguez:
The Transportation Equity Act for the 21st Century (TEA-21), signed into
law by President Clinton on June 9th 1998, (Public Law 105-178), continues
the authorization for State Transportation Departments to make available to
public transit agencies/services the use of toll revenue credits as a soft match
on selected federally-assisted public transit capital projects.
Based on the above policy, we are requesting the use of $100,000 in toll
revenue credits to serve as a soft match for $400,000 in FTA Section 5309
funds to be placed in FM #41361719401. The FTA funds will be used for
the purchase of bus and bus-related equipment for the City's Electrowave
Shuttle Service. The funds will expire September 30, 2003, if not promptly
appropriated by the City. Essential information regarding the FTA funds
follow:
· (49 USC) FTA Section 5309, Discretionary Funds - $400,000, our
10% share of FTA funds earmarked for MDT in FY 2001
· FY 2003 TIP by reference, via TIP Amendment dated 09/26/02. t~a~t/~/~t
· FDOT FM No. 41361719401
· FY 2003 STIP Page 774
· FTA grant number is established when funds are obligated by FTA.
Mr. Rene Rodriguez, FDOT
April 1, 2003
Page 2
The City will hold a Public Hearing to consider the appropriation of the FTA
funds at either the April 30 or the May 21, 2003 Regular Commission
Meeting. However, we will not be able to submit a funding obligation
request to FTA, prior to receiving a written confirmation of soft match
provision by FDOT. Would you please address such written confirmation to
my attention?
On behalf of the City and the Miami Beach Transportation Management
Association (MBTMA), I wish to thank you and Mr. Ed Carson for FDOT's
continued interest, assistance, and funding support to the Electrowave
Shuttle Service.
Sincerely,
Director of Public Works
FB/AJ
Cc:
Ed Carson, Transit Program Administrator, FDOT
Robert Middaugh, Assistant City Manager
Amelia Johnson, Transportation Coordinator
Judy Evans, Executive Director, MBTMA
F:\WORK\$TRA'~AMELIA~FDOT~TRCsoflmatch. FTAfunds.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Set Public Hearing
IA Resolution setting a Public Hearing for May 21, 2003, to hear public comments regarding 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, as required by 49 U.S. Code Chapter
53; the required twenty percent (20%) local match will be provided, by a Florida Department of
Transportation (FDOT) soft match, utilizin~l State toll revenue credits.
Issue:
Shall the City set a public hearing for the appropriation of FTA funds earmarked for Electrowave capital
purchases?
Item Summary/Recommendation:
A~ a "designated recipient" of FTA Section 5309 funds, the City is required to hold a public hearing on both
the appropriation of $400,000 in FTA capital 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 diesel or bio-diesel
buses to replace the existing electric-battery fleet. A budget for the proposed capital purchases will be
included with the Agenda Item for the May 21,2003 Public Hearing. 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 shuffle service. The required 20% local match to the FTA funds will be provided by a soft match by
FDOT, utilizing toll revenue credits. Prior to any actual expenditure of the appropriated funds, Commission
approval for the issuance of bids and vendor selection will be required. At the appropriate time, the Citywill
have to advance City funds for the purchases, for subsequent reimbursement by FTA funds. The
Administration recommends approval of the Resolution.
Advisory Board Recommendation:
N/A
· 'inancial Information:
Amount to be expended:
Source of
Funds: ~;~! i~:~!~ $400,000 (FTA) To be established by City after funds
are appropriated by Resolution.
~i;~ ~~ Soft match by FDOT N/A
.~ utilizing toll fey.credits
Finance Dept. ~ $400,000
Si n-Offs:
F:\WORK~$TRA~AMELIA\FTA\FTA$400,000CIS.doc
AGENDA ITEM
DATE
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: April 30, 2003
Jorge M. Gonzalez ~ , ^ ~
City Manager (I'v~ 0 Set Public Hearing
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR MAY
21, 2003, TO HEAR PUBLIC COMMENTS REGARDING THE
APPROPRIATION OF $400,000 IN FEDERAL TRANSIT ADMINISTRATION
(FTA) SECTION 5309 FUNDS, AS REQUIRED BY 49 U.S.CODE CHAPTER
53; THESE FUNDS, EARMARKED IN FISCAL YEAR 2000-01 FOR THE
PURCHASE OF BUS AND BUS-RELATED EQUIPMENT FOR THE
ELECTROWAVE SHUTTLE SERVICE, MUST BE APPROPRIATED IN
MAY 2002 TO MEET FTA REQUIREMENTS; AND FURTHER STATING
THAT THE REQUIRED TWENTY PERCENT LOCAL MATCH WILL BE
PROVIDED BY A FLORIDA DEPARTMENT OF TRANSPORTATION
"SOFT" MATCH, UTILIZING STATE TOLL REVENUE CREDITS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution that sets the Public Hearing.
ANALYSIS
The FY 2000-01 Transportation Appropriations Bill earmarked $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 expiration date for these funds is
September 30, 2003. Therefore, as a "designated recipient" of FTA funds the City of
Miami Beach is required, by49 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.
The City proposes to utilize the $400,000 in funds to purchase diesel or bio-diesel buses
that will eventually replace the electric battery-operated fleet. A budget for these purchases
will be available for the Public Hearing that must be held on May 21,2003.
April 30, 2003
Commission Memorandum
FTA funds for Electrowave
Page 2
As a designated recipient of FTA funds, the City deals directly with the federal agency; is
eligible to receive additional FTA capital funds, above and beyond the present Section
5309 funds; and, eventually becomes 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. The City must adhere to the following
FTA process:
City initiates the FTA fund application/appropriation process (including a budget for the
proposed expenditu res) 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 FTA funds can be matched either by a 20% "soft" match by FDOT, utilizing state
toll revenue credits; or by a 20% cash match produced by the City.
3. City holds a properly advertised public hearing on the FTA funds, appropriates the
funds and the related expenditure 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
(MBTMA) and signed electronically by designated officials (City Attorney and Director of
Public Works).
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.
· FTA Central in Washington D.C. reviews and approves the Regional Office
recommendation.
· U.S. Department of Labor reviews for compliance with labor laws.
o
FTA "obligates" the funds for the Electrowave purchases and issues a notice to proceed
to the City, by September (in this case). 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 issues
requests for proposals (RFPs) to vendors of the capital items approved in the budget
for purchase. The procurement process has to abide by all federal requirements.
8. City pays the vendor invoices, utilizing City funds advanced for the purpose.
9. City submits invoices/request for reimbursement to the FTA Regional Office.
10. FTA reimburses the City for the approved expenditures made under the obligated FTA
funds.
April 30, 2003
Commission Memorandum
FTA funds for Electrowave
Page 3
Based on the above schedule, May 21,2003 is already a late date for the City to hold the
required public hearing and appropriate the $400,000 in FTA funds, and for FTA to
"obligate" the funds prior to their expiration. Any further delay will result in these funds
being set aside as an unobligated 3-year old earmark and included in the "annual
rescissions list" prepared by U.S. Congress, as part of the Transportation Appropriations
Bill. Once in the rescissions list, the funds are no longer available to the City.
The Commission Memorandum for the May 21, 2003 meeting will provide a detailed
budget and justification for the proposed purchase of diesel or bio-diesel buses for our
local circulator shuttle system. The new diesel buses would replace the old electric buses
and would not add to the cost of operations of the shuttle service.
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 funds expiration date of
September 30, 2003. However, the City will not encumber these funds until the following
has been done:
FTA obligates the $400,000 and gives a notice to proceed to the City; and
The City has fully expended the previous $1,183,367 in FTA funds already appropriated
by the City/obligated by FTA for capital purchases of the Electrowave Shuttle Service.
Pursuant to the attached letter request from the City, dated April 1, 2003, FDOT has
initiated the process for providing a soft match to the $400,000 in FTA funds, as it has
done for all previous FTA earmarks received by the City for our local circulator shuttle
service. FDOT's soft match confirmation letter will be available for the May 21,2003 Public
Hearing. The Administration recommends approval of the Resolution.
JGIRMIFBIJJIAJ
Attachment: City letter-request to FDOT dated 04/01/03
F:\WORK~TRA~AM E LIA\FTA\FTA$400,000 memo.doc