PENALOZA, AZAEL (3) - Laserfiche WebLink

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INSURANCE ON FILL WORK MAY PROCEED UNTIL INSURANCE EXPIRES C:�YAf_ N-2023-180-02 CITY CLERK DATE: JAN 2 3 2024 o'. C-Da (0) AMENDMENT TO AGREEMENT WITH C6• Y�I��,,�.d AZAEL PENALOSA FOR NAVIGATION CENTER MURALS THIS AMENDMENT to the above -referenced agreement is entered into on January 8, 2024, by and between Azael Penaloza ("Artist"), 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 No. N-2023-180 ("Agreement") dated July 17, 2023, to retain Artist for the design, fabrication, and installation of indoor artwork/mural/designs ("Artwork") at the City's 200-bed Homeless Navigation Center ("Site"). The initial term of the Agreement continued through September 30, 2023, with an option to extend the term. B. On September 6, 2023, the parties exercised the option to extend the term of the Agreement through January 31, 2024. The Agreement is current and in -effect. C. In Artist's proposal, proposed Artwork to be completed were identified as Proposed Artwork Projects A through E. Over the term of the Agreement, City staff have confirmed that Project D is complete. Projects C and E have begun but remain unfinished. Projects A and B have not begun. D. Due to the pending termination date for the Agreement, the City has determined that the entire project will not be completed in time and seeks to amend the Agreement regarding completion of Projects C and E. E. The parties wish to amend the Agreement to revise the scope of work and amend the compensation. No further terms are contemplated by this Amendment. The Parties therefore agree: Section 2, Compensation, is hereby amended to revise the total amount to expended by the City at an amount not -to -exceed $10,000. The Artist agrees and understands that the City paid the initial installment of $10,000 to Artist and no further amounts are owed to the Artist for services rendered and to be completed per the terms of the Agreement. 2. Section 3, Activities, is amended as follows: 3.1 Artist is hereby retained to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to design, fabricate, transport and install the Artwork ("Services") on the Site, attached hereto and incorporated herein by reference as Exhibit B-1 to this Amendment. Exhibit B-1 recognizes Projects C, D, and E. The parties agree that Project D is complete. Artist agrees and understands that Artwork previously submitted and identified under the Agreement as Projects A and B shall not commence and no work regarding Projects A and B will be accepted or compensated by the City. Page 1 of 2