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25F - AGMT BIKE PARKING
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2018 TITLE: AMEND AGREEMENT WITH ACIRE, INC., FOR MAINTENANCE AND SUPPORT OF THE SECURE BIKE PARKING FACILITIES (PROJECT NO. 18-6904) (STRATEGIC PLAN NO. 6,1G) t MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager, City Attorney, and Clerk of the Council to exercise a one-year renewal period for maintenance and support of the secure bike parking facilities. 2. Amend the compensation for the Agreement with Acire, Inc., in the amount of $7,310 for the remainder of the 2017/18 Fiscal Year. DISCUSSION The City Council approved an Agreement with Acire, Inc., for the design, installation, and support of the secure bike parking facilities (Bike Huts) on June 3, 2013, with grant funding from the Federal Transit Authority (FTA) through the Orange County Transportation Authority (OCTA). The design and installation component was completed on April 7, 2015, which commenced a one- year period for maintenance and support. The agreement authorized up to five one-year renewal periods for maintenance and support. The first and second one-year renewals were exercised on April 7, 2016, and April 7, 2017, respectively. The bike huts were installed in Downtown Santa Ana, the Civic Center, and the Santa Ana Regional Transportation Center. A map of locations has been included as Exhibit 1. Maintenance and support of the Bike Huts includes, but is not limited to, maintaining and servicing the equipment and structure of the Bike Huts, keeping the Bike Huts free of vandalism, ensuring access for users is maintained, assessing and maintaining solar and wireless connections essential to the operation of the bike huts, customer support, collecting reservation fees, and maintaining the reservation software and user database. The Bike Huts charge a small fee for the use of the facilities. The intention behind these fees is to ensure that the Bike Huts are not abused. On average the Bike Huts only generate about $1,300 per year. The ongoing operations and maintenance of the facilities is supported as an eligible use 25F-1 Amend Contract with Acire Inc. for maintenance and support of Bike Huts April 3, 2018 Page 2 of Measure M funds. The approved Fiscal Year 2017/18 Capital Improvement Program allocated funds for the ongoing maintenance and support of the Bike Huts through the end of the fiscal year (Exhibit 2); however, the existing agreement with Acire, Inc., does not authorize expenditure of those funds. The requested action would renew the agreement for a one-year maintenance period and authorize expenditure of the approved funds in the agreement for the remainder of the current fiscal year. OCTA is currently undergoing a pre -audit assessment of FTA -funded projects that is expected to identify requirements to maintain compliance with the grant funding. Following the completion of OCTA's assessment, staff will release a new Request for Proposals for Bike Huts maintenance and support with a new agreement that will incorporate the assessment findings. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 — Community Facilities and Infrastructure, Objective #1 — Establish and Maintain a Community Investment Plan for All City, Strategy G — Develop and Implement the City's Capital Improvement Program in Coordination with Community Investment Plans (e.g. Bicycle Master Plan). FISCAL IMPACT Funds for Fiscal Year 2017/18 in the amount of $7,310 are budgeted and available for expenditure in the Bike Development Project (Account No. 03217662-66220, Project No. 18- 6904). Edwin "William" Galve , P.E. Acting Executive Director Public Works Agency EWG/CW APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. FY 2017/18 CIP Project Summary Sheet 3. Agreement Amendment 25F-2 LO bikehuts SECU REBICYCLEPARKI NG .I. i. �'W Ha eavoitfi St ©. E 1.1 h S_t I C o ,I 1 Z.I n. 3 OOranoe CoheA \ IOlh sl 2 I I n S`-- of e0th m LW]OthSt` '�'^—E.lOth'.St _i rn r I ao \\ \ it �c ,J Trans, y II CE �Civilc�Center Dr WUV��, t Sib St r G �D. �0 a tOpo \\ �� Civic Center -cul _I��� eC1 w �, IvdI�� ESania AnalBlvdr,« MhSt�—_lt ��� - �t l 1--F ' \� V1.51hSt._.W:Sth`Sl� = N --,�0 R81d a Pea an feJaol �U �Z o6EyI ea n cruse_! .. 4th/Spurge6n �y Sa. WOtt C]I l W WWII l 1 3rd/Bush .. L - i Veketourge &rQ E:atast_.�r- Location Map Exhibit 1 25F-3 O CN k w \ B k ( B b � r, § � § § - k\ � \ « ¥ k ( $ ( \ §¢ §z ) \ t: . � Cc C: B k ( B b � r, § � § § - k\ � \ « ¥ SECOND AMENDMENT TO SERVICES AGREEMENT WITH ACIRE, INC. THIS SECOND AMENDMENT to the above -referenced agreement is entered into on April 3, 2018 by and between Acire, Inc. ("Contractor D, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2013-087, dated June 3, 2013 (Agreement'), by which Contractor agreed to design, install, manage, and maintain secure bike parking facilities ("Facilities") at various locations in the City. B. The design and installation component of the Agreement was completed at the time the City accepted the Facilities from Contractor, on or about April 7, 2015, at which time a one-year period for maintenance and support of the Facilities commenced. C. The one-year period for maintenance and support is subject to renewal for up to five successive one-year periods. By letter dated March 7, 2016, the parties renewed the period of maintenance and support for a one-year term beginning April 7, 2016 through April 7, 2017. D. The parties into First Amendment No. A-2017-049, dated March 21, 2017, by which the period of maintenance and support was renewed for another one-year term, from April 8, 2017 through April 7, 2018. E. The parties now wish to renew the period of maintenance and support for an additional one-year term and also amend the Agreement to include additional funds for these services during a portion of this period. The Parties therefore agree: 1. Section IV, Term, is amended to extend the period of maintenance and support for an additional one-year term beginning April 8, 2018 through April 7, 2019. 2. Section V, Compensation, is amended to include an additional $7,310 for maintenance and support services to be performed by Contractor through June 30, 2018. 3. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: 1W. JOH10. FUNK, Assistant City Attorney FOR APPROVAL: RAUL GODINEZ D City Manager CONTRACTOR Name: Title: Edwin "William" Galvez, P.E., Acting Executive Director Exhibit 3 25F-5 25F-6