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INSURANCE ON FILE N-2023-315 <br />WORK MAY PROCEED <br />UNTIL CEEXPIRES <br />-- - ---- <br />CI7Y CLERK <br />DATE: 1 Q� <br />ARTS AND CULTURE ARTIST AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND THE UNIVERSITY OF <br />1 CALIFORNIA, IRVINE, SCHOOL OF EDUCATION <br />This Artist Agreement ("Agreement") is made and entered this aEtd-ay of November, 2023, 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 The Regents of the <br />University of California, on behalf of its Irvine Campus School of Education ("Artist") selected to <br />participate in the South Main Street Corridor Art Initiative. City and Artist may herein individually <br />be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. <br />RECITALS <br />A. The City's Public Works Agency and Community Development Agency managed a 2022 <br />South Main Street Corridor Public Art Initiative to invite local artists to participate in the <br />implementation of arton Main Street from 15t Street to Warner Avenue. On June 17, 2022, <br />the Arts and Culture Commission reviewed all applicants and recommended that Artist be <br />awarded an artist grant based on its Application for its art project ("Project"). A true and <br />correct copy of Artist's Application is attached hereto as Exhibit A and incorporated herein <br />by reference. <br />B. Artist submitted a responsive proposal that was selected by the City. Artist represents <br />that it is able and willing to provide the services described in the scope of work that was <br />included in the South Main Art Initiative. <br />C. In undertaking the performance pursuant to this Agreement, Artist represents that it is skilled <br />and knowledgeable in the arts and culture arena and that the Project created or performed <br />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 commence on the date first written above for a two (2) year term, <br />unless terminated earlier in accordance with Section 4, below. The term of this agreement may <br />be extended for two (2) one (1) year periods upon a writing executed by the City Manager and <br />City Attorney. <br />2. Comoensation <br />2.1. City agrees to pay, and Artist agrees to accept as total payment for its services for City, the <br />rates and charges identified in Exhibit B. The total amount to be expended under this Agreement <br />shall npt exceed thirty-three thousand dollars and zero cents ($33,000) during the term of this <br />Agreement, including any extension periods. The sum is comprised of (1) the base amount of <br />$30,000 and (2) approximate 10% contingency in the amount of $3,000 for additional services at <br />the City's sole discretion. <br />2.2. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accordance procedures. Payment need not <br />be made for work which fails to meet the standard of performance set forth in the Recitals which <br />may be reasonably be expected by City. <br />