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HomeMy WebLinkAboutAGUILERA, MARINA (9)N-2023-058-02 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: JAN 2 3 2024 D. cOACd) CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 wwwaanta-ana.oro Marina Aguilera 75 Via Cuidado Rancho Santa Margarita, CA 42688 January 2, 2024 INTERIM CITY MANAGER Thomas R. Hatch CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall RE: Letter Agreement — Completion of Services for Agreement #N-2023-058 Dear Ms. Aguilera, On August 10, 2022, the City entered into an Artist Grant Agreement No. N-2023-058 ("Grant Agreement") with Marina Aguilera ("Grantee") to provide services for an arts project detailed in said Grant Agreement. The Grant Agreement was accompanied by a letter dated August 30, 2022, regarding compliance with the American Rescue Plan Act (#N-2023-058-01) for services rendered by the Grant Agreement. Copies of the aforementioned documents are attached here. The Grant Agreement terminated on August 10, 2023; however, Grantee continued to provide services related to the Grant Agreement with the City's permission. City acknowledges that said services are now completed and monies owed to the Grantee under the terms of the Grant Agreement. By operation of this Letter Agreement, City and Grantee understand and agree that compensation in the amount of $6,000.00 shall be made payable to the Grantee. Compensation paid herein will be considered rendered in full and no further amounts will be owed stemming from the Grant Agreement. [signature page to follow] SANTA ANA CITY COUNCIL Va:ene Am 1 a laSS'e.oeer T a Nei P+an Beniamm Vazauer onn Bn..a 1P11aPan Ryan rkmenper Oand Pena.ore Abydr MayP Pm tern, Wa.dl 'NaNI Wsd? Vlarin WaN5 Wa,dB vemema'@santa.ana wv oezitsanla�rZwy yt_n �Bnq.ana3�9 oral Aueraifanta-ana�r3 P_b]W�awtp:2io Qla QBCnd!gl3�yinp-dn4 B5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANAA Thi3mas R. Hatch Interim City Manager APPROVED AS TO FORM cj"�ZA2IG A drea Garci-a-11ifler Assistant City Attorney RECOMMENDED FOR APPROVAL: is iael Garcia Executive Director, Community Development Agency ATTEST GRANTEE Mari a Aguilera SANTA ANA CITY COUNCIL .,. nexcaa JM,e Lanes rdal vie, P,., sedlanm Vazdeez P,aJ Btte^a Jalmadtae Ryan Dar9 P'o.1 a May, Nay, Pro ten Wanda 'Nardi Ward3 'Nardi Wa,d5 Warde 'ramgzwa a:1li oq 94aFe^_3f$3�a9 J.'.' "'k to-mp_erp N-2023-058 CIA- (Nr, :,_ I_ryt.?I QF' i ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN 0 04(fMo'L)XS� G' THE CITY OF SANTA ANA AND MARINA AGUILERA This Artist Grant Agreement ("Agreement") is made and entered this 10ih day of August, 2022, 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 Marina Agutlera ("Grantee") for the purpose of providing grant funding pursuant to the Investing In the Artist Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement, RECITALS: A, On June 17, 2022, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its art project ("Project"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. in undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled end knowledgeable in the arts and culture arena and that the Project created or performed hereunderwlll 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 be effective upon signature by both Parties and shell expire one year from the date first written above, unless terminated earlier in accordance with this Agreement. 2. Funding. 2.1. Subject to Grantee's performance of all required actions under this Agreement. City shall provide funding, in three disbursements, as detailed below, of an amount not to exceed Nine Thousand Dollars ($9,000) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in three (3) installments. First payment will be one-third of the funding amount provided above or ($3,000) and will be provided within thirty (30) days of the full execution of the Agreement by the Parties along with a complete Invoice submitted by Grantee. The second payment will be the second one-third of the funding amount provided above or ($3,000) and will be provided within thirty (30) days after the Grantee submits to the City all the proper receipts and Invoices up to the mid -point of the Project. The third and final payment will include the remaining amount of ($3,000) and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices, and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first or second disbursement detailed above, and to be reimbursed the Initial paynnent(s), if Grantee's performance is determined to be insufficient or unacceptable In the City's sole discretion. 2.3, City represents that there Is no correlation or connection between its selection of Individuals for grant awards and an Individual's business relationship or potential business relationship with City. 3.,3�r nt Actiyjtg. Grantee agrees: V. To perform the activities described In Grantee's GrantApplioation and Timeline submitted to City for consideration dated May 9, 2022, a copy of which is attached as Exhibit A and Incorporated Into this Agreement ns If sot out In full 3.2. To submit all reports (each, a "Report"), which shall Include, at a minimum, tho Rams set forth as required by the Application. No personally identifiable Information shall be Included In any of the Reports, except where specifically requested. The Reports shall be In a format that is reasonably acceptable to City. City may request additional information as City, In Its sole discretion, determines Is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 33. To maintain all pertinent financial and accounting records pertaining to this Agreement In accordance with generally accepted accounting principles and other procedures reasonably specified by City, Upon termination or expiration of this Agreement or request by City, Grantee shall provide, at Its expense, copies of all financial and accounting records produced by Grantee arising out of this Agreement, 3.4. To allow audits, cpmplisnce ar special reviews and inspections, Including on -site Inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or their authorized representatives. Grantee shall provide its full cooperation for any such audit, review or inspection, Including providing timely access, for examination and copying of records (Including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to Its personnel. 3.6. To ensure that any areas utilized for the Project are maintained and restored to a well - maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times, All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a dally basis. If applicable to the Project, Grantee shall place a drop cloth or similar barrier on the ground balow the artwork while Installation Is urxferway, which barrier shall be removed each day upon completion of an Installation session. 3.&. The Project may not contain advertising, religious art, sexual content, negative or violent Imagery, convey political partisanship or include any hidden, subliminal, or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in Its sole discretion. 3.7. The Project may not Include any breach of intellectual property, trademarks, brands, or Images of illegal activity, and the Grantee must be the copyright holder for the Project. It Is the sole responsibility of the Grantee to obtain any and all applicable copyrights or trademarks associated with the artwork for the Project 3.3. If the Project Is a mural, it must be covered In an anti -graffiti coating at the Grantee's expense 3.9, Should the Project mural be defaced and/or not repaired, maintained, preserved and/or conserved, the City has the option to repair, maintain, preserve, and/or conserve the Project mural, or alternatively, the City has the sole authority to remove, alter, or destroy the Project mural. 3,10. Grantee will have first right of refusal to restore said Project MUNI, If Grantee is unwilling to perform or unable to be contacted within a reasonable time, the City has the right to request the services needed from a different artist, 3,11, The City holds all rights to murals on city property, and as such the Project mural may be removed at the solo discretion of the City or as otherwise agreed upon with Grantee. 4. Tarminak1on, 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1,1. Grantee's violation of any federal, state or local law or regulation, 4,1.2. Grantee's breach of any of the terms or conditions of this Agreement, Including the Application and Timellne, or any unapproved deviation from said documents that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4,1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement, 6. Limitation of Liability. 6.1, IN NO EVENT SHALL CITY BE: LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OT14ER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER, 6.2. Section 6 and Section 6 do not limit Grantee's rights, including Its ability to seek recovery, against anyone other than City, Its directors, officers, employees, agents, successors and assigns. 6, lndotnniPicatlon. 6.1. Grantee shall defend, Indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without Iimitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for whom Grantee Is legally responsible In connection with the execution of the work covered by this Agreement. Orontes shall have no duty to Indemnify or hold harmless the City If claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arlse from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. Grantee's obligations shall survive the termination of this Agreement. 6,2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "clahns"), which are or may be related to or in any way connected with the negligence or willful misconduct of Its officers, officials, employees, or agents in connection with the creation, painting, performance or Installation of the Project hereunder. 6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to Indemnification shall extend to any such settlement, provided City has given notice of such claim and Its Intent to settle,, City's right to Indemnification is In addition to, and may be exercised independently of, any remedy hold by City under this Agreement, at law or In equity. The Indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7, lasr ' ce 7.1 Prior to undertaking performance of work under this Agreement, Grantee shall maintain and shall require Its subcontractors, if any, to obtain and maintain Insurance as described below; a. Coverage shall be at least as broad as: 1. Commercial General Liability (COL): Insurance Services Office Form CG 00 01 covering CGL on an "ocourrence" basis, Including products and completed operations, praport damage, bodily Injury and personal & advertising Injury with limits no less than R000,000 per occurrence. If a general aggregate limit applies, either the general aggregatekimit shall apply separately to this project/location (ISO CG 26 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Workers' Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer`s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Grantee pmvidos written veril7caftort It has no enlployeos) 3. Broader Coverage: if Grantee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Grantee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions: the Insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status: The City, Its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the Grantee Including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided In the form of an endorsement to the Grantee's insurance (at least as broad as ISO Form CG 2010 1186 or bothCG 2010, CG 20 26, CG 20 33, or CG 20 38: and CG 20 37 forms If later revisions used). 2, Primary Coverage: For any claims related to this contract, the Grantee's Insurance coverage shall be primary Insurance primary coverage at least as broad as ISO CG 20 01 0413 as respects the City, Its officers, officials, employees, and volunteers. Any insurance or self -Insurance maintained by 4 the City, its officers, officials, employees, or volunteers shall be excess of the Grantee's Insuranceand shall not contribute with It. 3. Notice of Cancellation: Each Insurance policy required above shall state that coverage shall not be canceled, except withnotice to the City. 4. Waiver of Subrogation: Grantee hereby grants to City a waiver of any right to subrogation which any Insurer of said Grantee may acquire against the City by virtue of the payment of any loss tinder such Insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this' waiverof subrogation, but this provision applies regardless of whether or not the City has received a walver of subrogatlon endorsement from the insurer, 6. $off•Insured Retentions: Self -Insured retentions must be declared to and approved by the City, The City may require the Grantee to purchase coverage with a lower retention or provide proof of ability to pay losses and related Investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -Insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide coverage on a olalms-made basis: I. The Retroactive pate must be shown and must be before the date of the contract or the beginning of contract work. II. Insurance must be maintained and evidence of insurance must be provided for at least five (6) years after completion of the contract of work. ill. If coverage Is canceled or non-renowod, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Grantee must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work, 8. t Mi1catton of Coverage, Grantee shall furnish the City with original Certificates of insurance Including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive the Grantee's obligation to provide them.The City reserves the right to require complete, certified copies of all required Insurance policies, Including endorsements required by these specifications, at any time. 9. Subcontractors; Grantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on Insurance required from subcontractors. 10.8pecial Risks or Circumstances: City reserves the right to modify these requirements, Including limits, based on the nature of therisk, prior experience, Insurer, coverage, or other special alroumstances. & C3oneral Proyjaiona. 8.1. Grantee shall acquire prior written permission from City for any use of the City name or logo In association with the Project. 8.2. If any parts of this Agreement are hold to be Invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid end enforceable, 8,3. Grantee shall comply with all governmental requirements that may now or In the future become applicable to tine activities under this Agreement. 8.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Pathos. 8,& No waiver by either Party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either Party to exorcise any right, power, or option given to It under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either Party or Its right at any 8me thereafter to require exact and strict compliance with provisions of this Agreement. U. Any notice or other communication required or permitted to be made or given by either Party pursuant to this Agreement will be in writing and will be deemed to have been duty given: (1) five (6) business days after the date of mailing if sont by registered or certified U.S, mail, postage prepaid, with return receipt requested; (11) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (111) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other Party at Its address as set forth below or at such other address as such Party will have specified in a notice given In accordance with this section: Grantee: Marine Agullere 76 Via Culdado Rancho Santa Margarita, CA 92888 City: City of Santa Ana Clerk of the Council (M-3D) 20 Clvio Center Plaza P.O. Sox 1988 Santa Ana, CA 92702 PAX (714) 84M960 8,T This Agreement is subject to all applicable local, State and Federal laws. This Agreement has been executed and delivered in the State of California and the validity, Interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, In connection with or by reason of this Agreement. 8.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee shall not diserirmlnota because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Grantee a(Irms that it is an equal opportunity employer (If applicable) and shall comply with all applicable federal, state and local laws and regulations. U. Any funds provided under this Agreement that are not expended, obiigated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to city. VD, Grantee grants to City a non-exclusive, Irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Projeot conceived, performed or created as a result of this Agreement, 8,11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an Independent contractor and shall not be deemed to be an employee of the City. and none of them shall be entitled to any benefits to which City employees are entitled Including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits, 8.12. Nelthor Party shall assign any rights or obligations tinder this Agreement. 8.13, Each Party covenants that It presently has no Interests and shall not have interests, direct or Indirect, which would conflict in any manner with performance of services specified under this Agreement, 8,14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of Its legal consequences. All Parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and Its consequences, are fully understood by each Party. M15. This Agreement represents the entire agreement and understanding between the Parties, and supersedes any and all prior agreements and understandings between the Parties, whether oral or written, BAO. Each undersigned represents and warrants that Its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall Indemnify City fully, Including reasonable costs and attorney's fees, for any Injuries or damages to City In the event that such authority or power is not, in fact, held by the signatory or Is withdrawn, (Signatures on following page) N-2023-058 IN WITNESS WHEREOF. the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENN!FJEW U ALL KRISTI�NEERIDDG of the Ccluncil City Manager APPROVED AS TO FORM. GRANTEE SONIA R. CARVALHO City Attomey By: Andrea Garcia -Miller Na e: MARINA A LERA Assistant City Attomey TH a ARTIST RECOMMENDED FOR APPROVAL �;(41 MICHAEL L. GARCIA Executive Director Community Development Agency mim-IflO INVESTING IN THE ART$ GRANT PROGRAM APPLICATION 10 Project Timeline **Input your information directly onto this form and upload onto 5ubmittable.com, DATE ACTION_ OUTCOME Jul/Aug Working on designs In the works 2022 Aug -Dec Design Is established. ordering in the works 2022 materials/suppiles. Mosaic Tile Process begins Dec Mosaic Tile Art Relief process Is continued In the works 2022/Jan 2023 Jan/Feb Mosaic Tile Art Relief near completion Artwork near completion 2023 Feb 2023 Mosaic Tile Art Relief completed Mosaic Tile Art Relief completed Installation of Tile relief unto Garden March/ Tile Install begins April 2023 _ Building March/ Unveiling TBA_ April 2023 Line Item your Information directly onto this form (2 pages) and upload onto PERSONNEL MOSAIC ART TILE RELIEF Total Compensation Grant .�. Funds Requested Mosaic Tile Artist Fee 4,940 4,940 EQUIPMENT, MATERIALS, AND SUPPLIES Item (equipment, materials, supplies) T Total Cost »» Grant Funds Requested Materials and Supplies 1,200 1,200 ADDITIONAL EXPENSES Description �» _ (permits, fees, facility rental for project) Natal Cost Grant Funds Requested Digital work The Installers —'—Masate 350 950 350 950 Artist Assistant — � 1,000� 1,000 Llahllity Insurance 560 560 Line item Budget - Page 2 Enter budget categories and projected expenditures for the roposed pro ram: Expenditures I x Expenditures Category Funded By Funded By Other Total project FlnT'(d Santa Ana Grant Sources urces Sources Budget Budget T (IncludingIn-kind) Personnel Total 4,940 4,940 Digital Wod( for mock ups/ etc. 350 v 350 Supplies / Materials Total 1200 11200 Additional Expense Total Mosaic Artist Assistant 1,000 1,000 Tile Installers 950 560 950 Liability Insurance 560 9,000 9,000 TOTAL - - - -------- PROJECTREVENUE LIST ALL OTHER PROJECT RESOURCES "Funding Source" total must equal "Total Prolect Budget" listed above. FUNDINGSOURCE T AMOUNT Santa Ana Artist Grant 9,000 TOTAL PROGRAM BUDGET 9,000 Victoria, Arnet From: CTrax <certificate-request@ctrax.jdidata.com> Sent: Wednesday, September 28, 2022 3:41 PM To: tiffanie@cvuadvisors.com, AGUILERAARTS@GMAIL COM, Arts and Culture, Cramer, Gabriela; marinaaguilera75@gmail.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Marina Aguilera Name: Project TBD (43) Number: Project Arts And Culture Artist Grant Program Agreement Between The City Of Name: Santa Ana And Marina Aguilera The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE GENERAL LIABILITY WORKERS COMPENSATION AND EMPLOYERSLIABILITY Thank you, City of Santa Ana Risk Management Division In partnership with CTrax Plus Services Team 9/28/2022 6 40 PM POLICY NUMBER EXPIRATION DATE C01 DATE PLE738522AAA009798 07/21/2023 09/27/2022 WAIVER 07/19/2023 09/20/2022 FILE NAME Certificate_PLE 738S22 AAA009798 ill.pdf Worker's Comp Declaration Marina Aguilera.pdf (3". C'10ACTrA L-c)C3/-k)ra- MAYOR ip wcenle Sarmlento MAYOR PRO TEM N Phil Bacama N COUNCILMEMBERS Johnalhan Ryan Hernandez Q Jessie Lopez Nelida Mendoza DaNd Penaloza Thal VAel Phan CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza . P.O. Box 1988 ' 6•20Z1J Santa Are, Calllorna 92702 Santa-ana.orn August 30, 2022 Marina Aguilera 75 Via Cuidado Rancho Santa Margarita, CA 9268R Re: American Rescue Plan Act Compliance Dear Artist: N-2023-OS8-01 CITY MANAGER Kristine Ridge CITY ATTORNEY Sorge R Carvalho CLERK OF THE COUNCIL The City of Santa Ana I• -City-) entered into Arts and Culture Artist Grant Program .Agreement dated August 10, 2022 ("Agreement"), with Marina Aguilera ("Grantee") for its art project ("Program'). Pursuant to section 2, Funding, of said Agreement, the City shall provide funding to Grantee in an amount not to exceed S9,000 for the Program. Please he advised that the City will he using funds made available to it by the American Rescue Plan Act of 2021 ("ARPA-) to pay this amount, and that Grantee will be responsible for abiding by the rules and regulations associated with said funding. ARPA was signed into law in March 2021. ARPA authorizes the United States Department of Treasury (-'Treasury") to provide funding Fora number of different programs. including the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds rCSLFRF" ), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. The City has determined that this Agreement is a permissible use of CSLFRF funds. As applicable, Grantee shall comply with all federal requirements including, but not limited to, the following: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 or ARPA: b. Treasury Final Rule for .ARPA, available at https:� www.govinfo.gov content . pkg FR- 2022-0I-27 pdf2022-00292.pdf: C. Treasury Compliance and Reporting Guidance for ARPA, available al hops:.- home.treasury.gov system files. 136 SLFRF-Compliance-and-Reponing- Guidance.pdf-, d. 2 C.F.R. Pan 200 - Unifunn .Administrative Requirements, Cost Principles- and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the Treasury: and SANTA ANA CITY COUNCIL Vt'.Na i.MM'IN PM 2y'P+a t•Vl I.. P1.1 IletlerMlmte .1f. LGGe: rNndG,m Py:n arox. a.e PN Hayn \M,J Pm I... W."I WrpMs1l Wltlp] WtpS Nurl i Y,tieml.el. pL`grprti @faea�lnd mnwiafnT iepp_ap�\wtla.m p\pe\nivrIDfa:yy;ii.l:l F:�xinawidea,l ,:nRfar n. N-2023-058-01 e. Treasury Coronavinis Local Fiscal Recovery Fund Award Terns and Conditions, available at littpsJ/home.treasury.gov/systemlfilW I36/NEU_Award_Terms_t uid_Conditions.pd f. All other terns and conditions of said Agreement remain unchanged and in full force and effect. Please sign below and return to the City to acknowledge Grantee's understanding of the City's use of CSLFRF funds to pay for the Program pursuant to the Agreement, and to confirm that Grantee will comply with all requirements and regulations associated with said funds. If you have any questions, please contact Tram Le, Arts and Culture Specialist with the Community Development Agency at 714.647.5355. Sincerely, Q Michael L. Garcia Executive Director Community Development Agency CITY 4 N Kristine Ridge City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Andrea Garcia -Miller Assistant City Attorney GRANTEE eel ring Aguilc7ia I ATTEST: 21enenrif f tile Co nc 1 SANTA ANA CITY COUNCIL w.mu svmm= or�aevna rra:w rru w'w rewnu iwwrar+ nnvmn r'nn+swca, .+mn reiww Wya �layn nv lnm WMl� Wwd� WrNt War Wa,aS •Nand s#aM +�+n92 CW'S iWKYI•lif}JL4YU_LL9 Yi�M.f:n_$Jf.1 N11 �tnv4a.3S1FyyYP�C;�p1 9ii'.2P09h5tYMiJf3L1V ,]J:vR��M'A4AMtYF1Wrl1 •J4M cLiyMj'�.lLa..u,ann