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3.1. To perform the activities described in Grantee's Grant Application and Timeline submitted to
<br /> City for consideration dated October 21, 2024, a copy of which is attached as Exhibit A and
<br /> incorporated into this Agreement as if set out in full.
<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 /> 3.8. 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.
<br /> 3.9. If the artwork is a mural, it must be covered in an anti-graffiti coating at the Grantee's expense.
<br /> 3.10. The City holds all rights to public art on City property, and as such the Project artwork may
<br /> be removed at the sole discretion of the City. Should the Project artwork be defaced and/or not
<br /> repaired, maintained, preserved and/or conserved, the City has the authority to repair, maintain,
<br /> preserve, and/or conserve the Project artwork, or alternatively, the City has the sole authority to
<br /> remove, alter, or destroy the Project artwork. Grantee will have first right of refusal to restore said
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