HomeMy WebLinkAboutBURKE, DEBORAH JANEINSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: JUN 2 4 2024
a., cap,
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2024-211
This Donation Agreement ("Agreement") is made and entered into this 11'h day of June,
2024, 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 Deborah Jane Burke
("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively
as "Parties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient with "Black & Brown in the OC: Open Mic Discussion & Music Video Premiere"
("Community Benefit"). 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 Purpose. The City believes there is a public purpose in supporting a
community -building event that highlights a Caribbean -African -American heritage and brings
together multicultural artists from Orange County through music, cinema, and exchange of personal
stories. The event will include a music video premier at The Frida Cinema, visual and performing art
from local artists, and multi -generational guest speakers. 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 CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
ONE THOUSAND, SEVEN HUNDRED, FOURTEEN DOLLARS, AND SEVENTY-FIVE
CENTS ($1,714.75) 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 OF SANTA ANA
DONATION AGREEMENT
Page 2 of 4
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 Oversi i t 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 OF SANTA ANA
DONATION AGREEMENT
Page 3 of 4 N-2024-211
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement bind each respective Party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City ttorn y
By:
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
MICHAEL L. GARCIA
Executive Director,
Community Development Agency
CITY OF SANTA ANA
ALVARO NUNEZ
Acting City Manager
ARTIST:
DEBORAH JANE BURKE
545 East Jefferson Avenue
Orange, CA 92866
CITY OF SANTA ANA
DONATION AGREEMENT
Page a of a
Request for Sponsorship Funds
City of Santa Ana
Title
;1 1 •
by Deborah Burke in Arts & Culture - Special
Event Sponsorship Request Form (SESRF) -
2023
135 E. Olive Avenue 9783
Burbank, California
91602
Us
United States
7147218030
deborah.j.burke@gmall.com
Original Submission
Score n/a
Name of Primary Deborah Jane
Contact Burke
Contact Title President
Name of Entity N/A
(organization,
business,
neighborhood
association)
Check the box that Individual/Community Group
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address
545 E. Jefferson Avenue
Orange
California
92866
us
33.79445
-117.84779
Mailing Address
545 E. Jefferson Avenue
Orange
California
92866
US
33.79445
-117.84779
Powered by Submittable
02/29/2024
id. 45724687
06/11 /2024
Phone +17147218030
Email deborah.j.burke@gmail.com
Website www.strangefruithiphopera.com
Event Name/Title BLACK & BROWN IN THE OC: OPEN MIC DISCUSSION & MUSIC VIDEO
PREMIERE
Event Date(s)
Is this event FREE
and OPEN to the
public?
Event Location(s)
June 1, 2024
Yes
The Frida Cinema: 305 East 4th Street, Santa Ana 92701
Letter/Email from Property Owner (for public art Installations, murals, use of city parks, use of
spaces for workshops, etc.)
Gmail_ Music_-Video_Screening_at_the_Frida,_ pdf
What city ward(s) will Ward 6
the event be located
(click on link below to
find wards)?
Number of expected 75-150 _. - --
attendance for your
event
Brief Description of Black & Brown in the OC is an exciting community -building event that brings
Project together multicultural Orange County artists, guest speakers and
host/emcee Deborah Jane (aka Retro Raptress) to premiere her music
video about growing up Carribbean-African-American in Santa Ana and
Tustin. Through music, cinema and discussion, guests exchange their
unique personal stories about being Black and Brown in OC's
predominantly white suburbia. HODJ Studios will produce "The OC" music
video, which will act as a catalyst to ignite conversation around racism,
rnarginalization, isolation, culture shock, family and social justice. The
event fosters connection and empowerment for OC residents of color.
Describe the COMMUNITY BENEFITS:
community benefits
of this event I was raised in Santa Ana and Tustin, and I remember when our next -door
neighbors moved out of their beautiful house as soon as our family arrived
on the block, They didn't want their white kids playing with my sister and
me. As the daughter of Guyanese immigrants who were chasing the
American Dream, it was my first experience with "white flight," and certainly
the first time I discovered what being a person of color in Orange County's
predominantly white suburb meant. Having no context for this, my parents
struggled to explain the occurrence to me, and we learned to code -switch
and navigate the many other incidents that followed. Still, my parents, a
scientist and a doctor, filled our lives with every imaginable and wonderful
adventure in our unique upbringing.
Growing up raised by Caribbean culture, yet surrounded by conservative
white culture, I longed to discover African -American culture — my roots in
this country. I often felt isolated. The Miseducation of Lauryn Hill saved my
life, making hip -hop my pathway to exploring my Blackness. I studied
African -American Studies and English at Stanford University and
screenwriting at USC School of Cinematic Arts. Now, as a hip -hop emcee
and screenwriter, I strive to bring the stories of POC's in predominantly
white spaces to the forefront. My debut album, "Who Is Retro Raptress?"
features my single "The OC" which chronicles my story of hip -hop, racism,
immigration and acceptance in Orange County. It has been performed at a
Frida Cinema Red Carpet Gala hosted by my production company, House
of Deborah Jane Studios. My studio has long demonstrated a strong
commitment to tackling issues around race in Orange County through the
arts. The Red Carpet premiered a screening of our film, Strange Fruit: The
Hip-hopera, and a racial reconciliation panel featuring Santa Ana
Councilmember Johnathan Hernandez and NAACP Youth Director /
Founder of OC Justice Initiative Justice Crudup.
Filming "The OC" and producing the Black and Brown in OC event allows
the opportunity to showcase diverse experiences through innovative
cinema and live performance. House of Deborah Jane Studios proposes to
shoot the music video in April and premiere it at The Frida Cinema in Santa
Ana in June. Acting as a catalyst, the music video will spark round table
discussion from other Orange County residents as the premiere's grand
finale. Usual and performance art from local artists, as well as multi -
generational guest speakers, make this event a true open mic illuminating
multicultural voices from the community as well as historical legacy. Orange
County can be a very isolating place for people of color. Thus, a major
benefit of this event is shared storytelling that fosters an inclusive, fun and
safe environment for meaningful community building. (Honestly, I wish I had
this event growing up!) Most importantly, Black and Brown in The OC
promotes unity, empowerment and the discovery of what it means to carve
out Black and Brown identities in Orange County.
LINKS:
"The OC" Song: https:Hyoutu.be/gW_9JHtEPbk?sl=vs!pXj-v30UyBF78
44th Annual OC Black History Parade Performance:
https://www.instagram.con-Vrctro_raptress/reel/C28Xk2ovDil !
Red Carpet Gala Performance & Making of The OC:
https://www, instagram.corn/reel/Cs73gk7AKe8/
Red Carpet Gala Racial Reconciliation Panel
https://www.instagram.corrVreel/CyA9XrgrOOh/
Red Carpet Gala Overview at The Frida Cinema:
https://www.instagram.co"reel/Csmu5udMtRN/
ABOUT THE PRODUCTION COMPANY:
House of Deborah Jane Studios (HODJ) is an independent Orange County -
based production company committed to creating dynamic content for an
expanding and explosive multicultural and multi -platform market. We
produce innovative film, television, digital, musicals and hip -hop. Our
mission is to create powerful stories that make a social and spiritual impact
in today's society. We champion diverse people who have been historically
ignored and now demand to be seen on screen, HODJ Studios collaborates
with art, business and marketing professionals to produce impactful results.
We have produced film, music video, theater and developed television
pilots. In 2015, the studio was founded by Deborah Jane Burke, who
previously worked at TBS, BET and FOX. Most recently, she wrote and co -
produced (with the Arts & Learning Conservatory) the stage play Music of
the March: A Tribute to Rev, Dr. King and the Motown Sound to a sold -out
Barclay Theater at UCI. A hip -hop emcee as well, Deborah Jane released
her debut album, Who is Retro Raptress? on Spotify. She is currently
executive producing Strange Fruit: The Hip-hopera, a musical film that won
Best Musical Film of the Year at the IndieNight Film Festival, Deborah Jane
is a proud alum of Stanford University (Bachelors in English) and the USC
School of Cinematic Arts where she holds her MFA in screenwriting. She is
a multi -hyphenate creator committed to social justice.
Amount Requested 10992.0
Proposed Use of All the funds from SESRF will be used for film production and live event
Funds premiere costs. (These costs are approximations based on experience.)
"THE OC" MUSIC VIDEO FILM PRODUCTION COSTS
Crew:
Producer $2000
Director $2000
Cinematographer $2500
Camera Operators $1000
Choreographer / Creative Director $2000
Sound Engineer $1000
Photographer $500
Editor $1000
Cast:
Actors $1000
Dancers $1000
The Pin -Ups (singers) $300
Locations:
Cottage Free
Orange Circle TBA
50s Dinner$500
Beach TBA
Equipment:
Lights $250
Sound $250
Wardrobe $750
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:
https://www.santa-
ana.org/special-
event-sponsorship-
program/
Props $300
Transportation $750
Out of Towner Housing $2000
Food $500
Permits:
Orange Circle $484
Newport Beach $895
Insurance $1000
MUSIC VIDEO TOTAL: $22,479
OPEN MIC PREMIERE & DISCUSSION LIVE EVENT COSTS
The Frida Cinema $1200
Event Producer $3000
Local Performers $500
Guest Speakers $500
Host $200
Snacks $1000
Decorations $1000
PR Marketing (3 months) $9,000
LIVE EVENT TOTAL: $16450
GRAND TOTAL: $38,929
I agree