Broward County Commission Regular Meeting
Director's Name: Coree Cuff Lonergan
Department: Transportation
Information
Requested Action
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A. MOTION TO APPROVE Amendment No. 1 to Agreement VW301 between Florida Department of Environmental Protection (FDEP) and Broward County (“Grant Agreement”) extending the expiration date from June 30, 2025, to June 30, 2027, to allow sufficient time to utilize funds for the purchase of electric buses to replace diesel buses, reducing the grant amount by $1,200,000 to a total of $6,600,000, reducing the required County match by $4,000,000 to a total of $22,000,000, and reducing the total number of electric buses to be purchased by the County from 26 to 22; authorizing the County Administrator or written designee to approve and execute future amendments to the Grant Agreement that do not pose additional cost or material risk to the County, subject to review and approval of such amendments for legal sufficiency by the County Attorney’s Office; authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the grant, as amended; and authorizing the Mayor and Clerk to execute Amendment No. 1 to the Grant Agreement.
B. MOTION TO ADOPT budget Resolution within the Fiscal Year 2025 Transit Capital Grant Fund to reduce the fund by $1,200,000.
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Why Action is Necessary
A. Board approval is required to amend the terms of the Grant Agreement.
B. Board adoption of a budget resolution is required to reduce the amount in the Fiscal Year 2025 Transit Capital Grant Fund.
What Action Accomplishes
MOTION A
Approves Amendment No. 1 to the Grant Agreement, extending the term, modifying the grant and local match amounts, and reducing the total number of vehicles to be acquired; authorizes the County Administrator to execute future amendments to the Grant Agreement; authorizes the County Administrator to take necessary administrative and budgetary actions to implement the Grant Agreement, as amended; and authorize the Mayor and Clerk to execute Amendment No. 1.
MOTION B
Adopts a budget Resolution decreasing the capital funding allocation to the Transportation Department for the Florida Department of Environmental Protection (FDEP) Electric Bus Program Grant award by $1,200,000 for a total grant award of $6,600,000.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
May 2, 2023, Item 10.
Summary Explanation/Background
THE TRANSPORTATION DEPARTMENT RECOMMENDS THE APPROVAL OF THE ABOVE MOTION.
On Feb. 25, 2022, FDEP announced its Electric Transit Bus Grant program through a Notice of Funding Announcement (NOFA) to support purchasing electric transit buses to replace eligible diesel transit buses. FDEP’s Electric Transit Bus Program utilizes funds from Florida’s portion of the 2016 Volkswagen (VW) Settlement over claims the company violated the Clean Air Act and EPA's Diesel Emissions Reduction Act (DERA). The program reduces mobile air pollution caused by diesel emissions by replacing diesel buses with cleaner electric buses. The Transportation Department (BCT) submitted a proposal and was one of 13 Counties statewide to be approved for a portion of the $68 million in funding available under the program.
On May 2, 2023 (Item 10), the Board approved the Electric Transit Bus program grant agreement with the FDEP whereby the state would provide $7,800,000 in grant funding to support the County’s purchase of 26 new electric transit buses to replace older diesel buses, with the County contributing $26,000,000 in local matching funds (which could be obtained through funding from the FTA, local general fund revenue, or funding from the Transportation Surtax).
FDEP awarded $7.8 million to BCT towards the purchase of 26 new electric transit buses to replace older diesel transit buses. This amendment extends the grant through June 30, 2027, and decreases the total number of buses that will be purchased from 26 to 22, decreases the FDEP funding from $7,8000,000 to $6,000,000, and reduces the required local match from $26,000,000 to $22,000,000.
Amendment No. 1 to the Grant Agreement has been reviewed and approved for legal sufficiency by the Office of the County Attorney. Both the Grant Agreement and Amendment No. 1 do not include the County's standard provisions, as FDEP requires the County to use a state form agreement and amendment template. The grant agreement states that FDEP may terminate the grant agreement for convenience at its sole discretion upon 30 days’ notice to the County. The term of this amendment is effective upon execution through June 30, 2027.
Source of Additional Information
Coree Cuff Lonergan, Director, Transportation Department, (954) 357-8360
Fiscal Impact
Fiscal Impact/Cost Summary
Reduces the FDEP grant award from $7,800,000 to $6,600,000, decreasing funding by $1,200,000 and the number of electric buses from 26 to 22.