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F%:;i'!11IR,? D A-2018-178-01 <br />l;l_f: ti{ vi= COUNCIL <br />DEC 1 8 MS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN <br />p`, Cp pV THE CITY OF SANTA ANA AND MARINA C. AGUILERA <br />This Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, by <br />and between the City of Santa Ana, a charter City and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"), and Marina C. Aguilera <br />("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant <br />Program. City and Grantee may herein individually be referred to as a "Party" and collectively be <br />referred to as the "Parties" to the Agreement. <br />RECITALS: <br />A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and <br />recommended that Grantee be awarded an artist grant based on its Application for its <br />artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as <br />Exhibit A and incorporated herein by reference. <br />B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized <br />the execution of this Agreement. <br />C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is <br />skilled and knowledgeable in the arts and culture arena and that the Project created or <br />performed hereunder will be created or performed in compliance with such standards as may <br />reasonably be expected from an artist. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. Term, This Agreement shall be effective upon signature by both Parties and shall expire one <br />year from the date first written above, unless terminated earlier in accordance with this <br />Agreement. <br />2. Funding. <br />2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall <br />provide funding, in two disbursements, as detailed below, of an amount not to exceed Three <br />Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant"). <br />2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding <br />amount provided above or $1,800.00 and will be provided within thirty (30) days of the full <br />execution of the Agreement by the parties. The second and final payment will include the <br />remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits <br />to the City all the proper receipts, invoices and final report for the Project. <br />2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City <br />reserves the right to cease funding after the first disbursement detailed above, and to be <br />reimbursed the initial payment, if Grantee's performance is determined to be insufficient or <br />unacceptable in the City's sole discretion. <br />2.4. City represents that there is no correlation or connection between its selection of individuals <br />for grant awards and an individual's business relationship or potential business relationship with <br />City. <br />