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HomeMy WebLinkAboutBRUKE, DEBORAH Ef tlltr'lP10E i�IOT f;ONRED WORK Wiff PP%DCVED N-2026-127 CITY CLERK DATE: JUN 0 3 205 GQt, M) CITY OF SANTA ANA Arun,L eC p-1) DONATION AGREEMENT I f 1. PARTIES AND DATE I This Donation Agreement ("Agreement") is made and entered into this 19th day of April, 2026, 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 Burke ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as"Parties"in this Agreement. i 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with`Black and Brown in the OC/714 Unity Day" ("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 creating a free, multicultural Unity Day event that celebrates Black and Brown communities in Orange County through storytelling, music, and open mic performances, while fostering cross-cultural dialogue, strengthening social connection, ad supporting local artists and small businesses in Santa Ana. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Comm-unity Benefit. I 3. TERms AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Four Thousand, Three Hundred., Thirty-Three dollars ($4,333) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In i 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 until completion of the Community Benefit as detailed in Exhibit A, or one year from the commencement date of this Agreement, whichever is earlier. The City has the right to terminate this Agreement upon one day's notice, with or without cause, in the City's sole discretion. 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. i i 0 CITY or SANTA ANA DONATION AGRE-u, ENT Page 2 of 5 3.3 Waiver, Insurance or Obligations. For purposes of the My's protection, if the ' City determines that the hinds 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 requirements 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 Cit . 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. The City reserves the right to request documentation and/or additional details from the Recipient demonstrating how sponsorship Rinds were used. 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 and, 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 j 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 i 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 i CYTY OF SANTA ANA ' DoNATioN.A.GREwM.GNT Page 3 of 5 I i individuals who have signed this Agreement have the legal power, aright, and authority to make this Agreement bind each respective Party, [signatures to fallow] I a S I i i I l CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 i IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the clay and year first above written. ATTEST: CITY F SANTA _ r JENN HALL ='AP^ ALVARO NUNS City Cleric City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney By. 1 u Andrea Garcia Name: Deborah Burke Senior Assistant City Attorney Address: 545 E Jefferson Ave City,CA Zip: Orange,CA 92966 RECOMMENDED FOR APPROVAL: MICHAEL L.GARCIA Executive Director,Community Development Agency I CITY OF, SANTA ANA Dbmum AGREEMCNT Page 5 of 5 I I EXHIBIT A Request for Donation Funds i �E F 1 I City of Santa Ana Powered by Submithwe Title 0016 03125/2026 by Deborah Burke in Arts& Culture -Special id. 53623926 Event Sponsorship Request Form (SESRF) - 2025-2026 135 E,O11ve Avenue 0783 � Burbank, California � 91502 us United States 7147218030 debarah.j.bkarke@grnail.cam ..._.......�....._w_�...�. ._______...___..__..._w_ ._�.A� I x Original Submission 03/25/2026 Score nla Name of Primary Deborah Jane ~_ Contact Burke Contact"Title President Name of Entity House of Deborah Jane Studios �T (organization, business, neighborhood association) Check the box that Individual/Community Croup _ . applies to your entity: Additional Applicant ��— Names (if applicable) Physical Address 545 E. Jefferson Avenue Orange l Orange CA 92866 us 33.794447 -t 17.847794 _..__............ _..- Mailing Address Orange 545 E. Jefferson Avenue Orange CA 92866 US 33.784211 -117.848112 Phone +17147218030 Email deborah.j.burke@gmail.com Website www.strangefruithiphopera.com Event Name/Title Black and Brown in the OC 1714 Unity Day Event Date(s) July 12, 2026 Is this event FREE Yes and OPEN to the public? Event Location(s) 4th Street Market: 201 E 4th St, Santa Ana, CA 92701 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Jose_Rorno_4th_Street_Market_Text.jpg Black_and_Brown_in_the_OC_Proposal_Santa_Ana_Grant_2026.pdf 2026_Black_and_Brown_in_the_OC_Budget.pdf 2026_Project—Schedule_of Activities_Black_and_Brown_in_the_OC_5.pdf 2026_Project_Timeline_Black_and_Browr�_in_the_OC.pdf Black_and_Brown_in_the_OC_Proposal_Santa_Ana_Grant_202G_Copy(1).pdf Deborah_Jane_Burke_CV 2026.pdf HODJ_Studios_Biography.pdf COMP REHENSIVE_HODJ_EPK_BI_ACK_AND_BROW N_IN_THE_OC.pdf What city ward(s) will Ward 4 the event be located (click on link below to find wards)? Number of expected 50-100 attendance for your event I Brief Description of Black& Drown in the OC 1714 Unity Clay is a vibrant community-building Project event that brings together multicultural Orange County artists—musloians, open mic performers, speakers, and host/emcee Deborah Jane (aka Retro Raptress)—to foster storytelling, connection, cultural pride, and creativity f In a safe, welcoming space. Through live performances, cultural cuisine, and engaging dialogue, guests share their unique stories and reflect on shared lived experiences in the OC. Aligned with Santa Ana's commitment for unity, this event builds bridges across communities. After a successful 2024 launch, rx BlackandBrownOC returns with a vision to establish July 14th as Black and Brown Unity Day. Describe the Black and Brown in the OC 1714 Unity Day provides a powerful and rich community benefits community benefit by creating a safe, communal space where storytelling, of this event music, and cultural expression bring people together across cultures and generations. Through live performances, open mic opportunities, and guided conversations, attendees are able to connect, be seen, and feel heard--fostering unity, belonging, and meaningful dialogue within Santa Ana. The event uplifts diverse and often underrepresented voices while enriching-the city's cultural landscape through artistic expression and shared lived experiences. Additionally, by hosting the event at 4th Street ; Market, the event drives foot traffic and economic support to local small businesses, encouraging both immediate and sustained community engagement. Ultimately, this event strengthens social bonds, celebrates cultural diversity, provides opportunities for artistic collaboration and networking, and contributes to the cultural and economic vitality of Santa Ana. How It All Began--2024 Black and Brown in the OC 1714 Unity Day is now entering its second year as a vibrant, community-building event produced by House of Deborah Jane Studios. This live performance and open mic showcase brings E together multicultural, multi-generational Orange County artists, guest speakers, and hostlemcee Deborah Jane (aka Metro Raptress) in a powerful celebration of storytelling, music, and unity. Our inaugural event in 2024, supported by Santa Ana Councilrriember Johnathan Hernandez, was held at 4th Street Market and welcomed a full house of approximately 100 attendees, The evening featured dynamic performances across music, spoken word, dance, and Wing, alongside impactful speakers addressing topics such as social change, race, education, immigration, and community empowerment. The sense of unity in the room was undeniable. Counciimember Hernandez, moved by the energy, proposed the creation of a Black and Brown Unity Holiday on July 14 (714"), establishing what is now Imown as 714 Unity Day. The audience responded with overwhelming enfihusiasm, affirming a desire to make this an annual tradition. Impact & Community Voice i Speakers in 2024 Included Ladonna Williams (Orange County Heritage Council), Josof Sanchez(OSK Studios), Dr. Shelley Burke (UCI Nursing), r Tiesha Hutchins (Arts & Learning Conservatory), Jason Burka (U.S. Military), and Councilmember Hernandez, Together, they sparked meaningful dialogue around shared lived experiences and the role of art in driving social and economic change. Audience members also received questionnaires at their tables to engage in guided discussion with one another. The evening concluded with a powerful performance of"The OC" by Retro Raptress &The Pin-Ups—a musical reflection on growing up Black in Orange County. As the crowd connected, conversations turned into collaborations, and a true sense of community was formed. 2026 Vision—Continued Santa Ana Cultural Unity Now in 2026, Black and Brown in the OC/714 Unity Day continues to align deeply with Santa Ana's commitment to fostering cultural unity. While plans i were underway to return in 2025 in partnership with Councilmember Hernandez, social conditions at the time created a need to pause, specifically the ICE raids in Santa Ana. We now return with renewed Intention to create a safe, welcoming space where diverse voices can be heard, honored, and celebrated. The inspiration for this work Is personal. Founder Deborah Jane Burke, the daughter of Guyanese immigrants, grew up navigating identity and belonging in Orange-0ounty, often feeiing like an outsider as part of the only African American family In a predominantly white suburb. That lived experience fuels her passion for building bridges across communities---an ethos reflected in her music, including her single "The OC,"and in the company mission of House of Deborah,Jane Studios. This event offers a dynamic, immersive experience that Includes a live performance showcase, a "hot" open rnic for emerging voices, and guided ; roundtable discussions where guests exchange stories around unity and diversity, Thoughtfully designed questionnaires at each table serve as conversation starters, encouraging meaningful dialogue. The incorporation Of multicultural cuisine creates additional touchpoints for connection and shared experience, Black and Brown in the OC/714 Unity Day is more than an event—it is a i growing movement rooted in unity, cultural celebration, and community empowerment. Building on the success of 2024, we are committed to establishing this as an annual tradition in Santa Ana that uplifts voices, fosters connection, and inspires lasting impact. Together, we are creating space for stories that don't just exist-but truly unite us. LINKS i 1. "The OG"Performance by Retro Reptress &The Pin-Ups: ht,tps://youtu.be/UOV5yVdOOLs?sl=gxPbjW2YYFv9CHxj 2. Councilman Johnathan Hernandez Proposes Black and Brown Unity Holiday: https://www.instagram.com/reel/C9GSlItSxLe/? lgsh=MWQ1ZGUxMzBkMA== 3. Performing Artist Spade Semaj, https://www.instagram.corrVrool/CgLFxjsyOXb/? igsh=MWQlZGUxMzBkMA== Instagram @BlackandBrownOC Amount Requested 9395 i Proposed Use of Use of Funds Funds To bring this vision to life, HOW Studios is requesting a total of$0,000, which will be allocated as follows: Producers &Talent ($2,000): Supporting performing artists, Ws, and the production team who dedicate months to curating and producing the event. Location ($500): Securing and supporting venue needs, with the hope of continued partnership support as in prior years on 4th Street Market. Design ($330): Printing posters, programs, and branded materials, while building on the established visual Identity of the event (color theme Is Orange and Aqua). Marketing & PR($3,100): Expanding outreach through social media, word of mouth, and a dedicated PR/marketing agency to secure press coverage and digital advertising. Decorations ($200): Creating a vibrant, welcoming atmosphere through culturally inspired d6cor. Costumes, Hair& Makeup ($565): Supporting the visual presentation and professionalism of performers. Food ($1,000): Providing multicultural cuisine and refreshments to enhance community engagement and economic support for 4th Street businesses. Photography ($500). Documenting the event for future storytelling, promotion, and community archives, Scripts/Materials ($50): Printing cue cards, programs, and discussion materials for the round tables. Speaker Gifts ($250): Honoring guest speakers for their time, insight, and contributions. Insurance ($400): Ensuring event safety and compliance with Santa Ana, through Avail Entertainment. Contingency ($250): Covering any unforeseen production expenses. Total Estimated Budget: $9,395 By submitting this I agree application, I have road and agree to be bound by the term and conditions of the Sponsorship Policy found on the website: https://www.santa- ana.orgtspeclal- event-sponsorshlp- program! i I I i i