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N-2020-207 <br />0 =C9 Q0 ) (T am Le) F11- ARTIST AGREEMENT <br />This Artist Agreement ("Agreement") is made and entered this 3rd of November, 2020, by <br />and between the City of Santa Ana, a charter City and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"), and Larry <br />Gonzalez DBA Coyote Industrial Fabrication ("Artist"). City and Artist may herein <br />individually be referred to as a "Party" and collectively be referred to as the "Parties" to <br />the Agreement. <br />RECITALS: <br />A. City desires to engage Artist to render such public art known as "Aztec Poet King <br />/Coyote" ("Artwork") for the Willits and Sullivan Beautification Project Permanent <br />Display ("Project") located on the city -owned lot on the corner of Willits and Sullivan <br />("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as <br />Exhibit A and incorporated herein by reference. <br />B. On January 16, 2020, the Arts and Culture Commission reviewed the Project and <br />recommended that Artist be selected to install the Artwork on the Site. <br />C. In undertaking the performance pursuant to this Agreement, Artist represents that he <br />is skilled and knowledgeable in the arts and culture arena and that the Artwork <br />created hereunder for the Project will be created in compliance with such standards <br />as may reasonably be expected from an artist. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the 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 <br />expire one (1) year from the date first written above, unless terminated earlier in <br />accordance with this Agreement. The term of this Agreement may be extended upon a <br />writing executed by the City Manager and City Attorney. <br />2. Funding. <br />2.1. Subject to Artist's performance of all required actions under this Agreement, City shall <br />provide funding, as detailed below, of an amount not to exceed Eighteen Thousand <br />Dollars ($18,000.00), pursuant to the Budget attached hereto as Exhibit B and <br />incorporated herein by reference. <br />2.2. Artist will be paid in two (2) installments. First payment will be half of the funding <br />amount provided above, or $9,000, and will be provided within thirty (30) days of the full <br />execution of the Agreement by the parties and City's receipt of an invoice from Artist. The <br />second and final payment will include the remaining amount of $9,000 and will be issued <br />within thirty (30) days after the Artist submits to the City all the proper invoices and final <br />report for the Project. <br />1 <br />