HomeMy WebLinkAboutPENALOZA, AZAEL (3)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
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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
3.9 Artist agrees and understands that any portion of the Artwork identified as Projects
C and E, not completed by January 31, 2024, is subject to completion by another artist
chosen at the sole discretion of the City.
Except as modified by this Amendment, all terms and conditions of the Agreement, as
amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on
the date and year first written above.
ATTEST
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
r
By.
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL
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Michael Garia
Executive Director
Community Development Agency
CITY OF SANTA ANA
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Interim City Manager
ARTIST
Page 2 of 2
EXHIBIT B-1
REVISED SCOPE OF WORK
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