HomeMy WebLinkAboutRELAMPAGO DEL CIELO, INC. (6)N-2022-302-02
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacena
Johnathan Ryan Hernandez
David Penaloza
Thal Viet Phan
Benjamin Vazquez
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: JAN 2 3 2024
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CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza • P.O. Box 1988
Santa Ana. California 92702
www.santa•ana.Oro
Relampago del Cielo, Inc.
600 W. Santa Ana Blvd., Ste. 210-A
Santa Ana, CA 92701
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-2022-302
On July 1, 2022, the City entered into an Artist Grant Agreement No. N-2022-302 ("Grant
Agreement") with Relampago del Cielo, Inc. ("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-2022-302-01) for
services rendered by the Grant Agreement. Copies of the aforementioned documents are attached
here.
The Grant Agreement terminated on June 30, 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 $8,198.50 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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA
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T mas R. Hatch
Interim City Manager
APPROVED AS TO FORM
-ffidrt"a Garcia- er
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
` //. // o r
Michael Garcia
Executive Director,
Community Development Agency
ATTEST
GRANTEE
By:
By: Marlene Pena-Marin
Title: Artistic Director
SANTA ANA CITY COUNCIL
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N-2022-302
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND RELAMPAGO DEL CIELO, INC.
This Artist Grant Agreement ("Agreement") Is made and entered this I day of July, 9022, 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 Relampago del
q Cielo, Inc., a California nonprofit public benefit corporation ("Grantee") for the purpose of providing
w, 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 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. Tam. This Agreement shall be effective upon signature by both parties and shall expire one
year frorn the date first written above, unless terminated earlier in accordance with this
Agreement.
2. FFur_ tdinsl.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, In two disbursements, as detailed below, of an amount not to exceed Sixteen
Thousand, Three Hundred, Nlnety-Seven Dollars ($18,397) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or ($8,198,80) and will be provided within thirty (30) days of the full
execution of the Agreement by the Partles along with a complete Invoioe submitted by Grantee.
The second and final payment will include the remaining amount of ($8,198.60) and will be Issued
within thirty (30) days after the Grantee submits to the City ad the proper receipts, invoices, and
final report for the Project.
2.3. Aporopriate oerfonnarce of the Grantee will be decerrined by City in its so's d-scretlon. Ci,y
reserves the right to cease funding after the first disbursement detailed above and to be
reimbursed the initial payment, f Grantee's performance is determrneo to be insufficient or
unacceptable in the City's sale 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. 2twkA9f JJQ, Grantee agrees:
3.1. To perform the aolivitles described in Grantee's Grant Appiloatlon and Timellne submitted to
City for consideration dated May 10, 2022, a copy of which is attached as Exhibit A and
Incorporated Into this Agreement as If set out in full.
3.2. To submit all reports (each, a "Report'), which shall Include, at a minbrnurn, the Items set forth
as required by the Application. No personally Identifiable Information shall be Included In any of
the Reports, except whore 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.
3.3. To maintain all pertinent financial and accounting records pertaining to this Agreement In
accordance with generally accepted accounting prinoiplas and other procedures reasonably
specified by City, upon termination or expiratdon 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, compliance or 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 fun cooperation for any such audit,
review or inspection, including providing timely access, for examination and copying of records
(including computerized records) pertinent kooks, documents, papers, computer programs and
records and reasonable access to its personnel.
3.5. To ensure that any areas utilized for the Project are maintained and restored to a well -
maintained, safe, sanitary, and cleat) condition, and kept free of any hazardous waste at all times,
All equipment associated with the installation of the artwork, trash and docile shall be removed
and cleaned up on a daily basis. It applicable to the Project, Grantee shall place a crop cloth or
similar barrier an the ground below the artwork while installation is underway, which barrier shall
be removed each day upon completion of an installation session.
3.0. The Projact 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 or 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 oopyrignts or trademarks
associated with the artwork for the Project.
3.3. To be responsible for the maintenance of the Project, which Includes but Is hot limited to,
graffiti removal, touch-up, and restoration, for die duration of the Project's existence.
3.9. It the artwork is a mural, it must be covered In an anil-graffifl coating at the Grantee's expense
4.12rmination.
41, 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 low or regulation.
4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, induding 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 lie 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 OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE ACTIVITIES COVERED HEREUNDER.
5.2. Section 6 and Section 6 do not limit Grantee's rights, including its ability to seek recovery,
against anyone other then City, its directors, officers, employees, agents, successors and
assigns.
6. Indennniflcat
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 limitation attorney's fees) arising out of or alleged by
third parties to be the result of the negligent acts, orrors or emissions 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 tho execution of the work covered by this
Agreement. Grantee shalt have no duty to Indemnify or hold harmless the Oily If claims, damages,
liability, costs, expenses (including without limitation, attorney's fees) arise 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 horeby fully release and forever discharge the City from any and all claims,
demands, damages, tosses, and liabilities (hereinafter collectively referred to as "claims"), 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 rind that Cfty's right to Indemnification shall extend to any such settlement, provided City
has given notice of such claim and Its intent to setae. Citya right to indemnifications in addition
to, and may be exercised independently of, any remedy held 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.
ar: ;r
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 Insuranco as described below,
a, Coverage shall be at least as broad as:
1, Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an uecourrence' basis, including products and completed
operations, property damage, bodily Injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence, If a general aggregate limit applies,
either the general aggregatelimit shall apply separately to this projectllocatlon (ISO
CG 25 03 or 26 04) or the generaleggragate limit shall be twice the required
occurrence limit.
2. Workers' Compensation: Insurance as required by the State of California, with
StatutoryUrnits, 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
provides written verificaflon if has iw ernployaes)
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,
It. Other Insurance Provisions: the insurance policies are to contain, or be ardorsed to
contain, the following provisions:
1. Additional Insured status: The City, its officers, officials, employees, and
volunteers are to be covered as additional Insureds on the CGL 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 connectiunwlth 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 CO 2010
1185 or hn(hCG 2010, CG 20 20, CO 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 coveraga at least as broad
as I80 CG 20 0104 13 as respects the City, Its officers, officials, employees, and
volunteers. Any Insurance or self-insurance maintained by the City, its officers,
offlClais, employees, or volunteers shall be excess of the Grantee's Insuranceand
shall not contribute with It.
3. Notice of Cancellation: Each Insuranoe policy required above shall state that
coverage shall not be canceled, except wfthnotice 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 under such Insurance. Grantee agrees to obtain
any endorsement that maybe necessary to affect this waiverof subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the Insurer.
6, Self -Insured Retentions; Self -Insured retentions must be declared to and
approved by the City, The City may require theGrantee to purchase coverage with
a lower retention or provide proof of ability to pay lasses 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 AM. Bests rating of no lass than
AM I, unless otherwise acceptable to the City.
7, Glafms Made Policies: If any of the required policies provide coverage on a
cialms-made basis:
1, The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2, Insurance must be maintained and evidence of insurance must be provided
for at least five (6) years after completion of the contract of work.
3. if coverage is canceled or non-ranewed, 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 (6) years after completion of contract work.
6. Verification of Coverage., Grantee shall furnish the City with original Certificates
of Insurance Including all required amendatory endorsements (or copies of the
applicable policy language affecting coverage requiredby this clause) and a copy
of the Declarations and Endorsement Page of the COL policy dating allpolioy
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.
g, 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. Special Risks or Circumstances: City reserves the right to moe.tfy these
requirements, Including limits, based on the nature of tharlsk, prior experience,
Insurer, coverage, or other special circumstances.
6. General Provlslons.
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 and enforceable.
8.3, Grantee shall comply with all governmental requirements that may now or in the future
become applicable to the activities under this Agreement,
8A. 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 Parties.
8.6. 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 exercise any right, power, or option given to it under
this Agreement or to Insist upon strlat 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 time thereafter to require exact and strict compliance with provisions of this
Agreement.
8.0. Any notice or other communication required or permitted to be made or given by olther Party
pursuant to this Agreement will be in writing and wld be deemed to have been duly given: (I) five
(6) business days after the date of mailing if sent by registered or certified U,S, mail, postage
prepaid, with return receipt requested; (II) when transmitted 9 sent by facalrnlle, provided a
confirmation of transmission is produced by the sending machine; or (lit) when delivered if
delivered personally or sent by express courier service. All notices to City shalt 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;
Granteo: Relampago dot Clelo, Inc
000 W. Santa Ana Boulevard, Suite 210-A
Santa Ana, CA 92701
city! City of Santa Ana
Clerk of the Council (M-30)
20 Civic Center Plaza
P.O. Box 1988
Saute Ana. CA 92702
FAX (714) 64M936
8.7. 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, tlolh 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
8,9, Grantee agrees to comply with all applicable, equal opportunity and affirmative action laws as
appropriate, (grantee shall not discriminate because of race, color, creed, religion, sex, market
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, In the recruitment, selection, training, utlilzatlon, promotion, termination or other
employment related activities. Grantee affirms that it Is an equal opportunity employer (if
applicable) and shall comply with all Applicable federal, state and local laws and regulations,
0.0. Any funds provided under this Agreement that are not expended, obligated or otherwise
committed by the tarmination or expiration of this Agreement shall be immediately returned to
City,
0.10. Grantee grants to City a non-excluslve, 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 Project conceived, performed or created as a result of this
Agreerent
0,11, 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, ove111me, retirement benefits, work's componsaeon benefits, Injury
leave or other leave benefits.
0.12. Wittier Party shall assign any rights or obligations under this Agreement,
0.13. Each Party covenants that It presently has no Interests and shall not have interests, direct
or Indirect, which would conflict In any mannerwith performance of services specified under this
Agreement.
0.14. Each party warrants that they have executed this Agreement knowingly, freely and
voluntarily and with full knowledge of Its legal consequences. Ali 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.
0.10. This Agreement represents the entire agreement and understanding between the Parties,
and supersedes any end all prior agreements and understandings between the Parties, whether
oral or written. '
8.16. 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, My fully, including reasonable costs and Attorney's fees, fc^ 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-2022-302
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
ClAISY GOMEZ i
V,Ierk of the Council
APPROVED AS TO FORM:
SONIA R, CARVALHO
City Attorney
6y: RY(' � OY!HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Frecutiw Director
Community Development Apicy
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
GRANTEE:
. A
pamoAu1014-'4'-
Organization Relampago cle Cielo. Inc.
Title:
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPWCATION
Budget Category
Dance Instructor
Dance lasiructor
Program Director
RDC Company Performance
Outdoor Sound System
Markotiug and Outreach
Oaxaca Wardrobe
Ballet Folkl6rivo Shoes
Delhi Center Facility Rental
Dollars Reryaosted
$1,600
$1,600
$1,520
$300
$1,000
$1,000
$6,000
$2,550
$1,320
Project Total $16,890
D
INVESTING IN THE ARTIST GRANT OPPORTUNITY
Event Schedule
The event timeline is required and must be submitted no later than August 31. 2022. An event timeline is
defined as a date or timeframe of when a project will be displayed or a public work�hgp will be held.
DATE
TIME
EVENT NAME
LOCATION
(COMPLETE ADDRESS)
oy .zrr �-�
UYPI
t
rigL.�I_ I I't P h? [I ew-1 C e-.
I, i I/tY I YI i 121'� �y 4� 1_ understand that notification of any modification made to the
event schedule must be submitted in writing no less than 10 days prior to the event date.
Notice shall be sent by mail or email to the address as set forth below:
Community Development Agency
Investing in the Artist Grant
20 Civic Center Plaza
Santa Ana, CA 92701
cramer a santa-ana.or
INVESTING IN THE ARTIST GRANT OPPORTUNITY
Event Schedule
DATE TIME EVENT NAME LOCATION
(COMPLETE ADDRESS)
Le, Tram
From: CTrax <certificate request@ctraxjclidata.com>
Sent: Thursday, September 29, 2022 3:28 PM
To: Gdiaz@farmersagent.com; Arts and Cultura; Cramer, Gabriela; rdcgrants@rdcgf.org
Subject: Internal Notice of Compliance
NOTICE OF COWLIANCE
Cl fl ST \FF: P121V t 111h 11,XCL AND L.0 I UDE M I ll AGRELNIE:N310 I lIL (A.I.RK OF fill ('01:V 11
Contractor Relampago Del Cielo, Inc.
Name:
Project TBD (30)
Number:
Project Arts And Culture Artist Grant Program Agreement Between The City Of
Name: Santa Ana And Relampago Del Cielo, Inc.
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 L IAB IL a N,
WORKERS C'ONiPPNS:\r10N AND I MIILOYERS'
UABIL11Y
Thank you,
City of Santa Ana
Risk Management Division
ill pnrurvrchip iridr
CTrax Plus Services Tearn
9/29/2022 6:27 PNI
POLICY NUMBER EXPIRATION
DATE
COt DATE FILE NAME
6043311509 0107/2023
09:15.1022 Ralampago.pdr
-
Relampago Del
C1a1o, Inc. DBA
QG6 U6146 ov+ole!023
00:03B022 Ural Folklorico
COI Up 3-7.23
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N-2022-302-01
MAYOR
Vicente Sarmtenlo
MAYOR PRO TEM
Phil Bacena
COUNCILMEMBERS
Johnathan Ryan Hernandez
r�a
Jesale Lopez
Nellda Mendoza
(0
David Ponaloza
�y
Thal Via[ Phan _.
I
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civlo Center Plaza • P.O. Box 1988
Santa Ana, Coafornto 92792
r-dk rnrv.santaAwraa
:=.rr August 30, 2022
Relanpagc del Cielo, Inc.
600 W. Santa Ana Boulevard, Suite 210-A
Santa Ana, CA. 92701
Re; American [fescue Plan Act Compliance
Dear Artist:
CITY MANAGER
Kdatine Ridge
CITY ATTORNEY
Sonia R. Contalho
CLERK Or THE COUNCIL.
The City of Santa Ann ("City") entered into Arts and Culture Artist Grant Program Agreement dated July
1, 2022 ("Agreement"), with Relarnpago del Cieto, Inc. ("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 S 16,397 for the Program. Please be advised that the City will be 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 Reading,
ARPA was signed into law in March 2021. ARPA authorizes the United States Department of Treasury
("Treasury") to provide funding for a number of different programs, including the Coronavints State Fiscal
Recovery Fund and the Coronavins Local Fiscal Recovery Fund, together known as the Coronavints State
and Local Fiscal Recovery Funds ("CSLFRF"), 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 finds.
As applicable, Grantee shall comply with all federal requirements including, but not limited to, the
rotlowing:
W MI U"OMO
1k,a[
Y@ufalSL't4a�a.4AA� 26
a. Sections 602 and 603 of die Social Security Act as added by Section 9901 or ARPA;
b. Treasury final Rule for ARPA, available at littps://vmv.govihfo.gov/ooftteiil/pkgtFtt-
2022.0 [-27/pdf/2022-00292,pdf-,
a Treasury Compliance and Reporting Guidance for ARPA, available at
https://home.treasury.gov/system/riles/ I36/SLFRF-Compliant-and-Reporting-
Guidance.pdf;
d. 2 C•F.R. Part 200 - Uniform 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
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e, Treasury Coronavirus Local Fiscal Recovery Fund Award'forms and Conditions, available
at https://home.lreasury.gov/system/riles/136[NBU_Award_Terms_at)d_Conditiahs.pdf.
All other terms 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 Lo, Arts and Culture Specialist with the Community
Development Agency at71 4-647-5355,
Sincerely,
Michncl I- Gawin
Executive Director
Community Development Agency
CITY f�AANA
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Kristine Ridge
City Manager
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
for®
Ryan 0. Hodge
Assistant City Attorney
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GRANTEE
Marlono Penn -Merin
ATTEST:
Ito'` Clerk of the Council
SANTA ANA CITY COUNCIL
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