REGENTS UNIVERSITY OF CALIFORNIA, THE

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