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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