RESOLUTION NO. 23-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR DESIGN SERVICES FOR THE PATHWAYS FOR HOPE COMMERCE CONNECTIVITY IMPROVEMENT PROJECT AND ALLOCATION OF REIMBURSABLE $80,000 IN APPROVED MEASURE AA FUNDS ALLOCATED FOR THE PROJECT DESIGN PHASE TO COVER AMENDMENT NO. 1 WHEREAS, the California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds is going to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and WHEREAS, on March 8, 2022, staff notified City Council that the City had been awarded a CCLGP Grant in the amount of $4,955,257 to fund the Pathways for Hope Commerce Connectivity Improvements Project; and WHEREAS, the following locations will be improved as part of the CCLGP:
Bandini Park
Bandini Pedestrian Tunnel
Bandini Neighborhood Improvements
Bandini Elementary Parkway
Bristow Park
Rosewood Park
Murals/Artwork and Clean Up at the Bandini Pedestrian Tunnel located on Leonis St at I-710, at the Telegraph Rd at I-710 underpass, and at the Triggs St at I-710 underpass; and WHEREAS, on January 11, 2023, staff requested proposals for Design Services for the Pathways for Hope Commerce Connectivity Improvement Project with a due date of February 2, 2023 and on March 28, 2023, the City Council awarded the Project to RJM Design Group, Inc. for $399,980; and WHEREAS, the project design among other elements includes murals at above listed locations on Caltrans properties; and WHEREAS, as a requirement of the CCLGP funded project, the City will be required to procure and assign certain intellectual property licenses to Caltrans for the use of the mural in various promotional activities, depending on the location of the mural; and WHEREAS, included in RJM Design Group, Inc.’s proposal (and incorporated into the Agreement with City) is an option for the City to acquire intellectual property rights over the mural designs for $80,000, which does not include the actual costs of painting and installation; and WHEREAS, by purchasing the intellectual property rights of the design for $80,000, the City can avoid any issues in the future that might arise if the mural is ever demolished or relocated as mural artists retain certain rights under the Visual Arts Rights Act under federal law and the California Art Preservation Act and acquire the rights necessary to provide Caltrans with the licenses required by the CCLGP; and WHEREAS, staff recommends approval of Amendment No. 1 to the Agreement with RJM Design Group, Inc., attached herein as Exhibit A and allocation of reimbursable funds in the amount of $80,000 from approved and budgeted Measure AA funds for the design phase to acquire the necessary intellectual property rights over the mural.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. Approve Amendment No. 1 to Professional Services Agreement with RJM Design Group, Inc. for design services for the Pathways for Hope Commerce Connectivity Improvement Project and furthermore authorize City Manager to execute Amendment No. 1 in a form approved by City Attorney.
Section 3. Allocate reimbursable funds in the amount of $80,000 from Measure AA funds for to cover the costs of Amendment No. 1.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Commerce.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
Section 6. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 8th day of August 2023.
Hugo A. Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk