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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CIVIbX CITY CLERK DATE: N-2023-180 CITY OF SANTA ANA ARTIST AGREEMENT WITH AZAEL PENALOZA FOR g, � (M(0 NAVIGATION CENTER MURALS This Artist Agreement ("Agreement") is made and entered this 11 day of July, 2023, 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 Azael Penaloza, an individual ("Artist"). City and Artist may herein individually be referred to as co a "Party" and collectively be referred to as the "Parties" to the Agreement. —� RECITALS: A. City issued a Call for Mural Proposal for the Santa Ana Navigation Center by which it sought artists or artist teams for the design, fabrication, and installation of an original indoor artwork/mural/designs ("Artwork") suitable for placement in three (3) areas at the City's 200-bed Homeless Navigation Center ("Site"). A true and correct copy of the Call for Mural Proposal is attached hereto as Exhibit A and incorporated herein for reference. B. Artist submitted a responsive proposal with a scope of work, that included draft Artwork, that was selected by the City. A true and correct copy of Artist's scope of work is attached hereto as Exhibit B and incorporated herein by reference. C. In undertaking the performance pursuant to this Agreement, Artist represents they are skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder 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 the date first written above and expire September 30, 2023, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended, at the option of the City, for four (4) months upon a writing executed by the Artist, City Manager and City Attorney. 2. Compensation. 2.1. Subject to Artist's performance of all required actions under this Agreement, City agrees to pay, and Artist agrees to accept, as detailed below, an amount not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00). 2.2. Artist will be paid in two (2) installments. First payment will be half of the funding amount provided above, or $10,000, and will be provided upon the full execution of the Agreement by the Parties and City's receipt of an invoice from Artist, subject to City accounting procedures. The second and final payment will include the remaining amount of $10,000 and will be issued within thirty (30) days after the Artist completes the Artwork, submits to the City all the proper invoices and final report for the Artwork. Page 1 of 9