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fWU ON ":i4OORKAM YE PROCEED N-2021-167 UNTILINSURANCE EXPIRES CLERKOF000NCIL MURAL AGREEMENT DATE: ('.CA0140U This Mural Agr ment ("Agreement") is made and entered this 12 day of July, 2021, by and between 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"), and Brian Peterson ("Artist"). City and Artist may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. City desires to engage Artist to paint one (1) interior mural that consists of two (2) walls ("Artwork") for the new Homeless Navigation Center ("Project') located at 1815 Carnegie Avenue in Santa Ana ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Artist represents that he is skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder for the Project will be created in compliance with such standards as may reasonably be expected from an artist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Term. This Agreement shall be effective upon signature by both Parties and shall expire on December 31, 2021, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended or the schedule of performance in Exhibit A may be revised upon a writing executed by the City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Thirteen Thousand Dollars ($13,000.00). 2.2. Artist will be paid in two (2) installments. The first non-refundable payment will be half of the funding amount provided above, or $6,500, and will be provided after full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $6,500 and will be issued within thirty (30) days after the Artist submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above if Artist's performance is determined to be insufficient or unacceptable in the City's sole discretion. 1