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INSURANCE NOT REQUIRED A-2018-178-05 WORK MAY PROCEED CLERK 111{711\1111. nr:TG. SEP 13 WS CO)AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANN PHONG This Artist Grant Agreement ("Agreement") is made and entered this 171h day of July, 2018, 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 Ann Phong ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunder will be created or performed 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 one year from the date first written above, unless terminated earlier in accordance with this Agreement. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in two disbursements, as detailed below, of an amount not to exceed Two Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,200.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2A, City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City.