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Home My WebLink AboutMELODY ANN SEANOA DBA TUPUA PRODUCTIONSCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: if your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No X Return form to the Cleric of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with N-2022-005 COTC Office Use Only C-Z,C) Citv of Santa Ana JAIL I 1 2D24 City Clerk's Office 6 e� O(V-�Ct4 No. _ was completed on ` and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature. Date: I: lagreement0ormsWorm - agreement termination form_golderrod.doe CZ) 011) INSURANCE NOT REQUIRE0 WORK MAY PROCEED CLERK OF COUNCIL DATE U'. G dA C 1 mro- Lee> C )A) :6 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-005 This Donation Agreement ("Agreement") is made and entered into this 201' day of December, 2021, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the California ("City"), and Melody Ann Seanoa, DBA Tapna Productions, a Santa Ana community organization ("Recipienf'). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECTTALS 2.1 CommmWty Benefit. The City wishes to provide Recipient with funding to assist Recipient with Let's Move as One, an event emphasizing the importance of moving our bodies through song, dance, chant, and culture of the Polynesian islands ("Community Benefif'). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Pumose. The City believes there is a public purpose in a family -oriented event that includes lessons in music, dance, and Polynesian culture. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CowrrioN3 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FOUR THOUSAND, ONE HUNDRED, TWENTY-FIVE DOLLARS ($4,125) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement, Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. CITY Or SANTA ANA DONATION AGRECMENT Page 2 of 5 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury, To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action. or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the CITY Or SANTA ANA DONATION AGRCLMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA N-2022-005 DONATION AGREEMENT Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: aisy Gomez Jerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney -- By. d For Rydin O. Hodge Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Sign Print Name: Melody A. Seanoa RECOMMENDED FOR APPROVAL: 3480 W. Warner Suite D, Address: Santa Ana, CA 92704 Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OV SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title �t0! by Melody Seanoa in Arts & Culture - Special Event Sponsorship Request Form (SESRF) . 2021 seanoa606yahoo.com Powered by Subrruttable" 10/28/2021 id. 21646699 Original Submission 10/28/2021 Name of Primary MELODY Contact SEANOA Contact Title OWNER Name of Entity TUPUA PRODUCTIONS (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 3480 W. WARNER SUITE D SANTA ANA CA 92704 US Mailing Address 3480 W. Warner, Suite D Santa Ana CA 92704 US Phone .. _.__ __ ....... .. _.. _. .. . _ .... __. _ . +17143764946 Email SEANOA6@YAHOO.COM Website WWW.TUPUAPRODUCTIONS.COM Event Name/Title LET'S MOVE AS ONE Event Date(s) 01/15/2022 Is this event open to Yes the public? Event Location(s) 3400 W. WARNER SUITE D, SANTA ANA, CA 92704 What city ward(s) will Ward 1 the event be located (click on link below to find wards)? Number of expected 400 attendance for your event Brief Description of To awaken, share & Introduce with our community the importance of Project moving our bodies In 2022 through song, dance, chant and culture of our Polynesian islands. Describe the The event would help our community learn the Importance of keeping community benefits our bodies moving through positive Interaction with the drums and of this event music of all Polynesia. Not only would this event help build confidence and self esteem but it will also help our community unite and better understand each other through the language of dance and moving together as one. Amount Requested 10000.0 Proposed Use of EVENT SPACE $3,000 Funds BOXED LUNCH/WATER. $3,000 T-SHIRTS/PROMO $3,000 INSTRUCTORS $1,000 By submitting this application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: tiftps://www.santa- ana.org/cd/arts- cutture-office/special- event-sponsorship- policy I agree