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N-2020-042 ARTIST AGREEMENT (du ' This Artist Agreement ("Agreement") is made and entered this 27th day of February, 2020, by and between the City of Santa Ana, a charter City and municipal N corporation organized and existing under the Constitution and laws of the State of o California ("City"), and Carlie Stracka ("Artist"). City and Artist may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. 0 RECITALS: A. City desires to engage Artist to render such public art known as "Monarch Miracle" ("Artwork") for the Willits and Sullivan Beautification Project Permanent Display ("Project") located on the city -owned lot on the corner of Willits and Sullivan ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. On January 16, 2020, the Arts and Culture Commission reviewed the Project and recommended that Artist be selected to install the Artwork on the Site. C. In undertaking the performance pursuant to this Agreement, Artist represents that she is skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder for the Project will be created 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 (1) year from the date first written above, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Eighteen Thousand Dollars ($18,000.00). 2.2. Artist will be paid in two (2) installments. First payment will be half of the funding amount provided above, or $9,000, and will be provided within thirty (30) days of the full execution of the Agreement by the parties and City's receipt of an invoice from Artist. The second and final payment will include the remaining amount of $9,000 and will be issued within thirty (30) days after the Artist submits to the City all the proper invoices and final report for the Project. 2.3. Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed