|
3. Grant Aetivities. Grantee agrees:
<br />3.1, To perform the activities described in Grantee's Grant Application and Timeline submitted to
<br />City for consideration dated July 24, 2023, a copy of which is attached as Exhibit A and
<br />incorporated into this Agreement, as If set out in full. City acknowledges that activities related to
<br />the Project began on or after December 1, 2023. The parties will recognize timeline adjustments
<br />for the Project, by mutual written consent, to meet the goals of completing the Project per the term
<br />of the Agreement detailed in Section 1, above.
<br />3.2. To submit all reports (each, a "Report"), which shall include, at a minimum, the items set forth
<br />as required by the Application. No personally identifiable information shall be included in any of
<br />the Reports, except where specifically requested. The Reports shall be in a format that is
<br />reasonably acceptable to City. City may request additional information as City, in Its sole
<br />discretion, determines is necessary to monitor performance of this Agreement. City shall have the
<br />right to use any Reports submitted by Grantee, or any portion thereof, for any reason.
<br />3.3. To maintain all pertinent financial and accounting records pertaining to this Agreement in
<br />accordance with generally accepted accounting principles and other procedures reasonably
<br />specified by City. Upon termination or expiration of this Agreement or request by City. Grantee
<br />shall provide, at its expense, copies of all financial and accounting records produced by Grantee
<br />arising out of this Agreement.
<br />3.4. To allow audits, compliance or special reviews and inspections, including on -site inspection,
<br />with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or
<br />their authorized representatives. Grantee shall provide its full cooperation for any such audit,
<br />review or inspection, including providing timely access, for examination and copying of records
<br />(including computerized records) pertinent books, documents, papers, computer programs and
<br />records and reasonable access to its personnel.
<br />3.5. To ensure that any areas utilized for the Project are maintained and restored to a well -
<br />maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times.
<br />All equipment associated with the installation of the artwork, trash and debris shall be removed
<br />and cleaned up on a daily basis. If applicable to the Project, Grantee shall place a drop cloth or
<br />similar barrier on the ground below the artwork while installation is underway, which barrier shall
<br />be removed each day upon completion of an Installation session.
<br />3.6, The Project may not contain advertising, religious art, sexual content, negative or violent
<br />imagery, convey political partisanship or include any hidden, subliminal, or camouflaged
<br />messages or statements of any kind or nature. Appropriateness of the content of the Project will
<br />be determined by City in its sole discretion.
<br />3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
<br />images of illegal activity, and the Grantee must be the copyright holder for the Project. It is the
<br />sole responsibility of the Grantee to obtain any and all applicable copyrights or trademarks
<br />associated with the artwork for the Project.
<br />3.6. To be responsible for the maintenance of the Project, which includes, but is not limited to,
<br />graffiti removal, touch-up, and restoration, for the duration of the Project's existence. Should
<br />Grantee fail to maintain the Project, the City, in the City's sole discretion, may hire another
<br />artist/vendor to maintain the Project.
<br />
|