2009-074 Arts Commission - Cindy Newton Public Arts Project Cedar Grove Park

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~' F` essary for installation shall be paid by Artist. (d) If work on the art work is delayed by adverse weather conditions, or any other cause beyond the Artist's reasonable control, then the completion date shall be ex- tended for such reasonable time as the parties may agree. (e) If work on the art work is delayed by any fault, neglect, act or failure of Art- ist, then Artist shall take all reasonable steps to complete the art work within the agreed upon time. In the event that Artist is unable to complete the art work within the agreed upon time, Artist shall be required to pay all costs caused by the delay. (f) If the work on the art work is delayed by any fault, neglect, act or failure of the Arts Commission, then the Arts Commission shall .take all reasonable steps to enable the Artist to complete the art work and shall pay all costs associated therewith including paying for additional scaffolding, laborers, additional insurance costs and any other costs necessary to complete the art work. 3. PROTECTIVE COATINGS. Any protective coating used is the responsibility of the Artist, and not the Arts Commission, and is to be paid out of award funds received by the Artist. 4. PERMITS. The Arts Commission agrees to procure at its own cost all necessary permits including any easements, encroachment permits, signage permits, scaffolding permits, alley closure permits or otherwise. 5. COMPLIANCE WITH ALL LAWS. Artist agrees to comply with all local, state and federal laws and ordinances that pertain to the creation and installation of the art work. 6. SURFACE PREPARATION. The preparation of the surface for the art work is the responsibility of the Artist, and is to be paid out of award funds received by the Artist. 7. AMOUNT OF PAYMENT. The Arts Commission agrees to pay Artist a maximum of $807 in state Grassroots Arts Program money from the Orange County Arts Commission's FY 09 budget and up to $2,000 in county money from the Arts Commission's FY 10 budget. Upon receipt of invoice, which shall be submitted at the end of each phase of the project as set forth below, the Arts Commission shall pay, within 15 days: (a) 50% upon execution of the Agreement; and (b) 50% upon completion of the Mural to the County's satisfaction. 8. INCREASE IN PAYMENT. Any additions or deletions must be approved in ad- vance in writing by the Arts Commission. If any said additions or deletions made to the art work result in an increase in cost, such increased costs shall be agreed to in writing and paid by the Arts Commission to Artist within five (5) days of receipt by the Arts Commission of an invoice.