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City_Council_Agenda_12-7-2022_Item_No._8

Calexico City Council
December 7, 2022

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City_Council_Agenda_12-7-2022_Item_No._8
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December 7, 2022
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AGENDA
ITEM
8 AGENDA STAFF REPORT

CALEXICO
DATE: December 7, 2022
TO: Mayor and City Council
Esperanza Colo Maren, Cy ManagEr alm
APPROVED BY:

REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: Norma Gerardo, Recreation Manager Norma Gerardo SUBJECT: Community Mural Project Cycle 8:

1. Adopt the Guidelines and Forms for the Community Mural Project Cycle 8 and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the
Project

2. Adopt a Budget Amendment Resolution for Fund No. 223 - Art in Public Places for Community Mural Project Cycle 8 Expenses in the Amount of Up to $6,000.00
================ ======- SE=====
Recommendation:

It is recommended that the City Council of the City of Calexico approve the following:

1. Adopt the Guidelines and Forms for the Community Mural Project Cycle 8 and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the Project.

2. Adopt a Budget Amendment Resolution for Fund No. 223 - Art in Public Places for Community Mural Project Cycle 8 Expenses in the Amount of $6,000.00.

Background:

On November 5, 2013, the City Council of the City of Calexico adopted the guidelines, forms, and funding to commence the first Community Mural Project Cycle 1. The City of Calexico, through the Arts and Historical Commission, has run the Community Mural Project for several years now.

The mission of the program is to create a community mural project that will AGENDA promote the creative expression of local artists and provide an enriching ITEM visual experience to residents and visitors of Calexico. The program encourages artists to participate in various areas of town to produce beautiful works of art, while discouraging graffiti/tagging. The program uses Art in Public Places funds to pay for the project cycle.

Discussion and Analysis:

On November 15, 2022, the Arts and Historical Commission met in a special meeting and approved, by unanimous vote, a recommendation to the City Council for the approval of $6,000.00 from Fund 223 - Art in Public Places to launch the Community Mural Project Cycle 8. Furthermore, the Commission appointed two (2) commission members to serve in the Selection Panel. Chairperson Roxsanna Pacheco and Vice Chairperson Alberto Martinez, with City Staff, will review and score all eligible submittals.

Recommendations from the Selection Panel will be taken to the Arts and Historical Commission for discussion/action at the regular meeting scheduled for February 7, 2023.

Final Arts and Historical Commission recommendation will be taken to the City Council for final discussion/approval.

Up to three (3) artists/projects may be selected for this cycle.

Project Sites:

A) Camarena Memorial Library Storage Container, 850 Encinas Avenue.

B) Crummett Park Public Restrooms, corner of Dool Avenue and Belcher Street.

C) Downton Parking Lot, corner of Heber Avenue and First Street.

There is also an opportunity for artists to propose their own location, which must be easily visible to the public.

Artistic Themes:

A) Stories, fairy tales, books, fantasy, education.

B) Festivals, family, spring, music, dance.

C) Open.

D) Own location: Open
Open themes are deliberately offered to encourage artistic interpretation and produce the widest diversity of ideas and visual impact possible.

Application:

The following materials must be submitted:

1. Completed Checklist (found in Application Packet).

2. Community Mural Project Application.

3. Property Owner Agreement (if applicable).

4. Artist qualifications and examples of previous works.

5. Photographs of proposed mural site and its surroundings (If proposing own location).

6. True-to-color design rendering of proposed mural on a 24x36" display cardboard.

Project Schedule:

Artists have 60 days to complete project after receiving first stipend installment.

Call for Artist Thursday, December 8, 2022
Deadline to Submit Proposals Thursday, January 19, 2023 Selection/Artist Notification Thursday, March 2, 2023
Complete Installation | Thursday, September 14, 2023
Expenses/Budget:

Stipends - considering highest stipends in this cycle. Up to $5,100.00 (Please see below stipend amounts)
Unveiling Ceremonies - $300.00 each x 3 projects $ 900.00 TOTAL $6,000.00
Stipends:

Up to three (3) artists/projects may be selected for this cycle.

Stipend covers for all costs associated with the design and installation of the artwork.

Selected artists will receive their stipend in two equal installments; the first installment will be received prior to the execution of the mural and the final one upon the full completion of the project. Stipend amounts are as follows:

A) Camarena Memorial Library: $1,500.00.

B) Crummett Park: $1,800.00.

C) Parking Lot: $1,800.00.

D) Own Location: Up to $1,000.00, pending location and location size.

There will be up to three projects selected during this cycle. The three highest stipends amounts are:

Camarena Memorial Library $1,500.00
Crummett Park $1,800.00
Parking Lot $1,800.00
TOTAL $5,100.00
If any other project combination is awarded, unused funds will remain in the account for future project cycles.

Fiscal Impact:

REVENUE
Fund No. 223 - Art in Public Places $8,000.00
TOTAL $6,000.00

LEXPENDITURES
223-50-520-53029-000 $5,100.00
223-50-520-53001-000 $ 900.00
TOTAL $6,000.00
Coordinated With:

Finance Department.

Attachments:

1. Call for Artists and Program Guidelines.

2. Program Application Packet.

3. Property Owner Agreement.

4. Artist Agreement.

5. Artist/Assistant Waiver of Liability.

6. Budget Amendment Resolution for Fund No. 223 - Art in Public Places for the Community Mural Project Cycle 8 in the amount of $6,000.00.

7. Arts and Historical Commission Agenda for Special Meeting of November 15, 2022.

The of City of Calexico Presents
Call for Artists
FAIR
CALEXICO™
* Community Mural Project Cycle 8
* Utility Box Art Project Cycle 1
19 JAN Deadline to Submit Proposals
2 Selection / Artists Notifications
MAR
11 Project Completion
MAY Utility Box Art Project Only
14 Project Completion
SEP Community Mural Project Only

FOR MORE INFORMATION
Please contact the Calexico Recreation Department at
(760) 768-2176
2023
Mural Project Guidelines - Cycle 8
HRAE

CALEXICO
Arts and Historical Commission
707 Dool Avenue 760-768-2176
Calexico, CA 92231 [email protected]
The Mission: To create a community mural project that will promote the creative expression of local artists and provide an enriching visual experience to residents and visitors of Calexico.

Sites: You may submit proposals for the following locations (please refer to attached documentation for pictures of the areas:

Camarena Memorial Library Storage Container, 850 Encinas Avenue. Mural area: North, West and South faces. Total Coverage = 792 ft?.
2) Crummett Park Public Restroms, Corner of Dool Ave & Belcher Street. Mural area: South-West, South- East, and North-East faces. Total Coverage = 1,040 ft?. 3) Downtown Parking Lot, Corner of Heber Avenue & First Street. Mural Area: "L" shape wall. Total Coverage = 1,015 ft.
4) You may propose your own location: wall must be visible to the public and Building Owner Authorization must be submitted with proposal.

Artistic Theme: Please see below themes for specific locations:
1) Stories, fairy tales, books, fantasy, education.
2) Festivals, family, spring, music, dance.
3) Open.
4) Open.

Open themes are deliberately offered to encourage artistic interpretation and produce the widest diversity of ideas and visual impact possible.

Stipend: Stipend award covers for materials and supplies. Up to three (3) artists/projects may be selected.

Selected artists will receive half of the award prior to the execution of the mural, and the other half upon the full completion of the project.
1) Camarena Memorial Library: $1,500.
2) Crummett Park: $1,800. Primer needed.
3) Parking Lot: $1,800.
4) Own Location: Up to $1,000. Pending location and location size.

Materials: Each applicant will be required to submit, with their application, a list of the materials they intend to utilize in the execution of the mural. Paint is the only medium accepted for the mural and must be of a quality to withstand weather conditions for a reasonable amount of time. Obtaining all materials and supplies necessary for the design and execution of the mural shall be the responsibility of the selected artist. All projects must have an all-weather and graffiti-resistant protective coat. Some locations may require a primer.

Building Owner Authorization: Prior to approval of the Mural Project Application, and before the applicant begins the mural project, a signed agreement between the City and the property/building owner must be on 2022'
file or provided to the Mural Program Coordinator.

Application: Incomplete applications will be disqualified.

1. Application packet due by 6:00 p.m. on January 19, 2023.

2. Submission must include a rendering of the proposed mural on a 24x36" display cardboard sheet.

3. Complete application packet, along with the artwork rendering, must be submitted at the Calexico Recreation Department: Norma Gerardo
Recreation Manager
707 Dool Avenue
Calexico, CA 92231
Criteria for Artist Selection: The selection panel will review all applications and renderings to determine up to three finalists who will be awarded the opportunity to display their concepts. Artists applying for the project must be 18 years of age or older.

Art will be reviewed for Artistic Merit, Appropriateness to Public Presentation and Originality.

Copyright Restrictions: Murals produced under the City's Community Mural Project will be considered a "Work Made for Hire," and the intellectual property rights of such a work will be shared between the artist/muralist and the City of Calexico. As such, the artist/muralist will waive his or her exclusive rights of reproduction of the mural image, and the city will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the original mural image both during production and after the mural has been created. The building/property owner will not retain any intellectual property rights to the mural image unless a separate agreement between the building/property owner and the artist/muralist is executed, which allows for mutual use of the image.

Panel Meeting and Notification: The selected artists will make themselves available to discuss the project scope and their concept prior to award notification as needed by the selection panel. Artists will be notified of their award and site location by e-mail and/or phone call on March 2, 2023.

Program Schedule: Up to three artists/project may be selected for this cycle.

Call for Artist Thursday, December 8, 2022
Deadline to Submit Proposals Thursday, January 19, 2023 Selection/Artist Notification Thursday, March 2, 2023
Complete Installation Thursday, September 14, 2023
For questions or more information call 760.768.2176 or
e-mail [email protected]
Disclaimer: The City of Calexico reserves the right, at its sole discretion, to reject submissions with inappropriate content, including, but not limited to: profane language, sexual content, potentially libelous or defamatory comments regarding any the safety or security of the public or public systems or infrastructure. All submittals will be property of the City of Calexico 2022' 2
8 FT.
115938.

A0 FT
Library Container
Location 1
Area: 1,008 sq. ft.
850 Encinas Avenue
26 FT.
27 FT. 12 FT.
27 FT.

Crummett Restroom
Location 2
1040 sq. ft.

Corner of Dool Avenue & Belcher Street
138 FT.

Parking lot 1st. and Heber ave.

Location 3
1,015 sq. tt.

Community Mural Project Application
City of Calexico Recreation Department (760) 768-2176
707 Dool Avenue Norma Gerardo

CALEXICO
Calexico, CA 92231 [email protected]
JUDGING GUIDELINES 5. Feasibility. Proposals shall be evaluated relative to their Factors to be considered by the Community Mural Project feasibility and convincing evidence of the artist's ability Selection Panel in recommending approval of public artwork on to successfully complete the work as proposed. Factors City, or other approved public property, shall include, but not be to be considered include, but are not limited to, project, limited to the following:
timeline, artist's experience, and soundness of materials.

1. Artistic quality. The artist's concept, vision and
craftsmanship for the artwork are of strong artistic quality. 6. Duplication. Artists are required to warrant that artwork is unique and an edition of one, or part of a limited

2. Site. The artwork and site are appropriate in scale, edition, and to warrant artwork is not infringing on materials, form and content for the immediate, general, social copyrighted materials. and physical environments with which they are to relate. 7. Please refer to the Programs' Guidelines.

3. Public Safety. Each work shall be evaluated to ensure Completed application and rendering of proposed concept should that it does not present a hazard to public safety. be submitted to: Norma Gerardo, Recreation Manager, 707 Dool Avenue, Calexico, CA 92231

4. Diversity. When soliciting artworks, the selection panel shall seek work from artists of diverse socioeconomic, racial, sexual, and cultural backgrounds. Artists must be 18 years of For more information, call the Recreation Department 760.768.2176 or email [email protected]
Incomplete applications will not be considered.

APPLICANT CONTACT INFORMATION
Name of Applicants) • Organization/Contact Person
Street Address City State Zip
Phone Number Alternate Phone Number Email Address
Art Location Art Design Title
Disclaimer: The City of Calexico reserves the right, at its sole discretion, to reject submissions with inappropriate content, including, I have read and agree with the terms
of the disclaimer Signature
PROPOSING YOUR OWN PUBLIC LOCATION? Y / N
If marked No, please skip this portion and disregard pages 4-5 in this packet.

If marked Yes, please answer information below, add pictures of the specific site and surrounding areas, and use pages 4-5 to get owner's consent.

Proposed Location_
Address/Cross Street
Mural Dimensions _
1 1. PROPOSED PROJECT
Please describe in detail the proposed mural design.

2. PLEASE SHARE THE LIST OF MATERIALS AND PROCESS THAT WILL BE USED TO CREATE THE MURAL.

Make sure to include the anti-graffiti product name and brand that will be used to protect the mural.

3. MURAL ASSISTANTS? Y / N
If marked yes, please list their names and ages below. If your project is selected, you will need to turn in Liability and Hold Harmless Agreements for each person.

4. PLEASE DESCRIBE YOUR TIMELINE FOR COMPLETING YOUR PROJECT 2 Community Mural Project Application - Packet Check List (Required) Artist Name:_ Location:

Art Mural Title: Date:

The following materials must be submitted for your mural application to be eligible.

Please follow this order of items in your submittal.

1. L Completed Checklist.

2. • Community Mural Project Application.

3. • Property Owner Agreement (if applicable).

4. • Artist qualifications and examples of previous works.

5. • If proposing a location different than the ones provided by the City, please add photographs of proposed mural site and its surroundings.

6. • True-to-color design rendering of proposed mural on a 24x36" display cardboard sheet.

Please Note:

Incomplete application packets or poor-quality graphics will note be eligible for review and consideration.

Staff Use Only
Date Application AHC Project Upon cc 1st Final
Received Complete? Selected Completion
Application Review Conditions Ratification Installment Installment By: Y/N Date:

Received: Y/N Date: Y/N Date: Date: Date:

Conditions of Approval: _
3 City of Calexico
Community Mural Project
Property Owner Agreement
This Agreement is made and entered into this day of -, 2023, by and between the City of Calexico (hereinafter referred to as "City") and (hereinafter referred to as "Owner") owner of property/building located at → in the City of Calexico, California.

WHEREAS, the City, through the Arts and Historical Commission, has developed the Community Mural Project. The purpose of which is to display the work of artists of diverse racial, sexual, and cultural identities. The program shall also strive for diversity of style, scale, and numbers of artists, represented in a series of murals on buildings in the City of Calexico; and
WHEREAS, the Owner recognizes that the purpose of the project, which is to enhance the community, promote the arts, and encourage tourism and commerce in the City, is mutually beneficial to the City and the Owner and therefore desires to have a mural painted on the side of his or her building; and WHEREAS, the nature of the Community Mural Project is such that it is necessary and desirable to enter into an Agreement expressly setting forth the respective rights, duties, and obligations of the parties; NOW, THEREFORE, in consideration of the mural covenants hereinafter contained, it is mutually agreed between the parties as follows:

1. The Owner hereby agrees to allow the City to have a mural mounted or painted on the wall of the building located at
dimensions of the mural will be dependent upon the subject and project. The mural shall be allowed to remain on the wall for a period of ten (10) years. This Agreement may be extended for successive five (5) year periods upon the written extension between the Owner and the City prior to the end of the initial ten-year period. During the term, or any extension thereof, at such time as property is being offered for sale or lease, or the building on such property is being demolished or expanded where the mural is located, or the mural otherwise interferes with the Owners use, occupancy, or control of the property, then the Owner has the right to cancel this Agreement upon six (6) months written notice to the City.

2. The City agrees that it shall provide a stipend to each of the selected artists to pay for materials necessary for the execution and completion of the mural. The murals will be applied directly to the wall on a pre- primed surface provided by the artist. The Owner agrees to provide the City with reasonable access to the site for such work so as not to interfere with the Owner's business operations. The mural shall at all times be properly maintained in appropriate condition by the City at its cost, and the mural's condition shall not be allowed to deteriorate. The City agrees to keep Owner's property lien-free in connection with such work or project.

The Owner understands and agrees that the placement of the copyrighted artwork (mural) on the site in no way entitles the Owner to use, at its discretion, the artwork for advertising/profit making purposes, or any other publicity, except under conditions in which the artwork has been released by both the City and the artist.

4. The Owner agrees to indemnify and hold the City and its commissions, including the Calexico Arts and Historical Commission, its appointed officials, elected officials, departments, boards, officers, agents, 4 employees, representatives, contractors or subcontractors, or their employees harmless from all liabilities, third party claims, causes of action, judgments, damages, losses and expenses (including reasonable attorney's fees) arising out of any breach of Owner's representations and promises and performance of obligations under the Agreement.

The subject matter for the mural and the selection of the artist shall be the sole responsibility of the City and a Community Mural Project Committee. Composition of the Community Mural Project Committee is at the discretion of the Arts and Historical Commission.

6. Any dispute hereunder between the parties shall be submitted to non-binding mediation in accordance with the standards and procedures of the American Arbitration Association prior to the commencement of any legal or administrative proceeding against each other for any alleged violation of the Agreement.

7. This Agreement shall be subject to and governed by the laws of the State of California.

8. Any notices required pursuant to this Agreement shall be served at the following addresses:

City/Community Mural Project: Owner:

Attn: Recreation Manager
608 Heber Avenue
Calexico, CA 92231

9. This Agreement represents the complete understanding between the parties with respect to the matters set forth herein. No amendment or modification of the Agreement shall be valid unless evidenced in writing and executed by the parties thereto. In witness whereof, the City and the Owner have executed this Agreement on the date and year first hereinabove set forth.

Signatures:

City/Community Mural Project
Property Owner/Authorized Signatory
City of Calexico
Community Mural Project
Artist Agreement
THIS AGREEMENT is entered into on this day of. → 2023 by and between the City of Calexico (hereinafter referred to as "City") and _("Artist") residing at
WHEREAS, the City wishes to engage Artist to prepare the following artwork ("Artwork"):

Description: Painted mural on outdoor wall(s)
Title, Date:

Dimensions:

Address/Location(s) ("Site"):

WHEREAS, Artist is willing to be so engaged upon the terms and conditions described in this Agreement.

ACCORDINGLY, the City and Artist agree to be legally bound by the following terms and conditions:

1. Designs. Artist will prepare and submit to City sketches and/or artistic designs (hereinafter "Designs") for the creation of the Artwork. The artistic themes of this Artwork are specified in the Community Mural Project Guidelines.

2. Copyright. Artist agrees that the Artwork will be considered a "Work Made for Hire," as that term is defined in 17 U.S.C.A. §201, and the intellectual property rights of such a work shall be shared between the City and the Artist. As such, Artist hereby waives his or her exclusive rights of reproduction of the Artwork, and the City will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the Artwork and the City will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the Artwork both during production and after the Artwork has been created. The property owner of the Site will not retain any intellectual property rights to the mural image unless a separate agreement between the property owner and both the City and the Artist is executed, which agreement allows for the use of the image by the property owner.

3. Moral Rights. Due to the nature of the Artwork and the public interest of the City, Artist and Artist's agents, heirs, successors and assigns hereby waive any and all rights and claims they may have against the City, and its employees, and its agents, under the Visual Artists Rights Act of 1990, 17 U.S.C. §5 106A and 113(d) ("VARA"), the California Art Preservation Act, Cal. Civ. Code, §§ 987, 989 ("CAPA"), and any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights ("Moral Rights Laws"), with respect to the Artwork, its display, removal from display, exhibition, installation, conservation, storage, study, alteration, and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building without physical defacement, mutilation, alternation, distortion, destruction, or other modification (collectively, "Modification") of the Artwork, artist waives any and all such claims under any Moral Rights Laws arising out of or against any current or future property owners of the Site, and its agents, officers and employees, for Modification of the Artwork. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part, in City's sole discretion. The City has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the City's authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Artwork if the work has been modified without the City's authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City's efforts to prosecute such claims. If the City modifies the Artwork without the Artist's consent in a manner that is prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with 17 U.S.C. § 106A (a)(2).

4. Review of Designs. Artist understands that Designs submitted by Artist will be reviewed by the Arts and Historical Commission selection panel ("selection panel") and by the City Council prior to the work commencing. Artist understands that City or the selection panel will notify Artist whether they approve or disapprove of Artist's Design on Thursday, March 2, 2023. City or the selection panel will have sole discretion to approve or disapprove of any designs. Artist agrees to make him or herself available to discuss the project scope and concept prior to award notification as needed by the selection panel.

5. Stipend. Artist understands that he or she will be physically and financially responsible for obtaining all materials needed to execute the project. Artist agrees he or she will receive a stipend according to the Community Mural Project Guidelines. Artist will receive half of the award prior to the execution of the mural, and the final installment upon the full completion of the artist's project. Total stipend award is

6. Property Owner Authorization. Artist understands that prior to approval of the Mural Project application, and before the applicant begins work on the Artwork, a signed agreement between the City and the property owner must be on file or provided to the Mural Program Coordinator.

7. Reasonable Assurances. The City and Artist agrees to execute any additional documents that may be reasonably required to carry out any of the provisions of this Agreement.

8. Indemnity. Artist agrees to indemnify and hold the City and its commissions, including the Arts and Historical Commission, its appointed officials, elected officials, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees harmless from all liabilities, third party claims, causes of action, judgments, damages, losses and expenses (including reason-able attorney's fees) arising out of any breach of my representations and promises and performance of obligations under this Agreement. Artist also agrees to execute, and cause to have any of his or her workers/assistants, whether paid or unpaid, who are on the project site, execute, the attached Artist Waiver of Liability and Hold Harmless Agreement.

9. Disputes. Any dispute hereunder between the parties shall be submitted to non-binding mediation in accordance with the standards and procedures of the American Arbitration Association prior to the commencement of any legal or administrative proceeding against each other for any alleged violation of the Agreement.

IN WITNESS OF this Agreement, we have signed and delivered this Agreement on the date indicated above.

City of Calexico
Community Mural Project
By:

Authorized Signatory Artist
City of Calexico
Community Mural Project
Artist/Assistant Waiver of Liability and Hold Harmless Agreement (One per person working on the mural)
In consideration of being granted permission to create a mural for the above-referenced Community Mural Project ("Artwork") for the City of Calexico (hereinafter referred to as "City"), I, the undersigned, agree for myself and for my personal representatives, heirs, and next of kin:

1. To exercise due care and diligence while executing the mural Artwork, and to follow the explicit instructions given to me with regard to safety and procedure.

2. To release, waive and discharge the City and its commissions, including the Calexico Arts and Historical Commission, its appointed officials, elected officials, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorney s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, or injury, death or damage that is sustained by me or any of my property, that arises out of or is in any way connected directly or indirectly to my participation in the Community Mural Project and/or work on the Artwork, whether caused by the City's active or passive negligence or otherwise.

3. To assume full responsibility for and risk of bodily injury or property damage incurred by me arising either directly or indirectly from participation in the Community Mural Project, from any cause whatsoever, whether caused by City's active or passive negligence or otherwise. I understand that work on a project mural may include activities that may be hazardous to me, including, but not limited to scraping, sanding, painting, falling from ladders and scaffolding. In connection thereto, I recognize and understand that the activities may in some situations, involve inherently dangerous activities. I hereby express and specifically assume the risk of injury, death, or property damage resulting from the activities as an artist/assistant on the Community Mural Project and/or work on the Artwork.

4. To provide evidence of insurance of the type and in the amounts approved by the City's Risk Manager prior to commencing any work on the Artwork.

I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release, and I hereby waive the protections of California Civil Code Section 1542.

This release is to be executed by all workers and/or assistants, whether paid or unpaid, working on the mural at the mural site, as well as being executed by the artist. [Signature provision on following page]
In signing this release, I acknowledge and represent that I have read the forgoing waiver of Liability and Hold Harmless Agreement, understand it, and sign it voluntary as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.

Signed this day
Name of Artist/Assistant
Signature
Address City
State _Zip Code
BUDGET AMENDMENT RESOLUTION NO.

BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
CALEXICO TO THE FINAL BUDGET FOR FISCAL YEAR 2022-23

CEELETRELE
WHEREAS, the Final Budget for Fiscal Year 2022-23 was adopted by Resolution No. 2022-48 of the City Council on August 10, 2022; and
WHEREAS , the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s) AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total
2) Record Appropiation(s)
Fund No. Department Division Account Sub-Account Amount 223 50 520 53029 000 5,100.00
223 50 520 53001 000 $ 900.00
Total $ 6,000.00
3) Record Transfer of Funds:

FROM:

Fund No. Department Division Account Sub-Account Amount Total
TO:

Fund No. Department Division Account Sub-Account Amount Total
5)Purpose of Budget Amendment:

Covering expenses related to the Community Mural Project Cycle 8. cc: Finance Department
FORM FIN003(Revised 07/2016)
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 7th day of December, 2022.

Javier Moreno, Mayor
ATTEST:

GABRIELA T. GARCIA, City Clerk
APPROVED AS TO FORM:

CARLOS CAMPOS, City Attorney

STATE OF CALIFORNIA)
CITY OF CALEXICO ) sS.

COUNTY OF IMPERIAL)
I, Gabriela T. Garcia, City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2022- → was duly adopted by the City Council at a meeting of said City Council held on the 7th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

GABRIELA T. GARCIA, City Clerk
City of Calexico
cc: Finance Department
FORM FIN003(Revised 07/2016)

CORRECTED AGENDA

CITY OF CALEXICO

ARTS AND HISTORICAL COMMISSION

SPECIAL MEETING AGENDA
TUESDAY, NOVEMBER 15, 2022
5:30 P.M.

Fernando "Nene" Torres Council Chambers
608 Heber Avenue
Calexico, CA 92231

COMMISSIONERS
Roxanna Pacheco, Chairperson
Alberto Martinez, Vice Chairperson
Carlos Fitch, Member
Jimmy Dorantes, Member
Carmen Durazo, Member
Esperanza Colio-Warren, City Manager
Norma Gerardo, Recreation Manager
**AGENDA**

CALL TO ORDER
Due to the Declaration of Emergency, this meeting is being held pursuant to AB 361 approved by Governor of California on September 16, 2021, and some or all of the Arts and Historical Commission Members may participate in this meeting by teleconference.

Pursuant to Imperial County Public Health Department guidelines, City Council meetings are now open to public attendance at 100% of capacity of the council chambers.

Members of the public will be able to make public comments in the following ways:
a) In-person comments.
b) Submit public comments via email by 1:00 p.m. on Tuesday, November 15, 2022, to [email protected].
c) You may make public comments via Zoom from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join the webinar:
https://us06web.zoom.us/j/89910654610?pwd=a1N2YXRSRzRGZnV2ZW90NjBIYVRVdz09 Passcode: 444949
Or Telephone Dial US: +1 669 444 9171 Webinar ID: 899 1065 4610 Passcode: 444949

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PUBLIC COMMENTS AND PUBLIC APPEARANCES
NOTES: (Not to Exceed 3 Minutes) This is the time for the public to address the Commission on any item not appearing on the agenda that is vithin the subject matter jurisdiction of the Commission. The Chair will recognize you and when you come to the microphone, please state you name and place of residence for the record. While members of the public are encouraged to participate, it is unlawful to disturb or delay the Commission meeting with personal or slanderous remarks. If the item you wish to comment on is a closed session or consent item, pleas omment now. The Commission is prohibited by State law from taking action or discussing items not included on the printed agenda. If the iten you wish to comment on is on the public portion of the agenda, we will take your comment when we get to the item on the agenda. Please direct your questions and comments to the Commission.

RECREATION MANAGER REPORT

COMMISSIONER COMMENTS AND REPORTS OF MEETINGS/EVENTS ATTENDED

CONSENT AGENDA
All matters listed under the Consent Calendar are to be considered routine by the Commission and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the Commission.

1. Approval of Arts and Historical Commission Minutes for Regular Meeting of July 5, 2022.

DISCUSSION AND POTENTIAL ACTION ITEMS:

2. Recommend to City Council the Approval of $6,000.00 from Fund 223 - Art in Public Places to Launch the Community Mural Project Cycle 8.

3. Recommend to City Council the Approval of $1,950.00 from Fund 223 - Art in Public Places to Initiate the Utility Box Project Cycle 1.

INFORMATIONAL ITEMS:

4. Recreation Department Fall 2022 - Spring Program Brochure.

5. Attendance Report.

ADJOURNMENT:

Next meeting: Next regular commission meeting is Tuesday, February 7, 2023. Deadline for submitting items for next agenda is Monday, January 23, 2023.

It is the intention of the City of Calexico to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please reguest such modifications or accommodation from the City Clerk at 760-768-2102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of the City Clerk, 608 Heber Avenue, from 8:30 a.m. until 5:30 p.m., Monday through Thursday, except legal holidays. Telephone inquiries may be made at 760-768-2102. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Calexico at, or prior to, the public meeting.

This notice of the agenda is hereby certified to have been posted on or before 6:00 p.m. on November 10, 2022. 6:00 p.m. | 11/10/22
Norma Gerardo/Recreation Manager Time/Date

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