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HomeMy WebLinkAboutDISCOVERY SCIENCE SCIENCE OF ORANGE COUNTYCity of Santa "na COM Office Use Only Clerk of the Coy,. fcil AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana 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)apermanent record? Yes _ No Clerk ofthe Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with 0 l.(1 N-2020-041 No. was completed on I�2 and final payment has been made. (List all amendments. Use space below N needed.) Department: Phone/Ext.: ((ll Signature:a Date: �7IM �Di) i9agreementslformsVorm -agreement termination form_goldenrod.doc INSURANCE NOT RECUR WORK �ROCEEB r CLERK OF COUNCIL 1nTr;• O'.QPCkt 5 I 1,14 Cue VW df FEB 1 4 2020 PURPOSE MEMORANDUM OF UNDERSTANDING Between The City of Santa Ana and The Discovery Science Center of Orange County For Reciprocal Membership Privileges February 6, 2020 to February 29, 2020 N-2020-041 The purpose of this Memorandum of Understanding ("MOU") Is to establish guidelines between the City of Santa Ana ("City') and the Discovery Science Center of Orange County ("Discovery") for reciprocal membership privileges ("program") between the Santa Ana Zoo ("Zoo") and the Discovery Science Cube ("Cube") for the month of February 2020. City and Discovery both acknowledge that attendance numbers at the Zoo and Cube, respectively, are lower during the month of February and generally in the winter months. It is the Intention of both City and Discovery to offer reciprocal membership privileges at the Zoo and Cube In an effort to increase attendance at both facilities during the month of February 2020. In addition, the program will expose potential new members to each organization and will promulgate goodwill between the City and Discovery. City has the following types of zoo memberships: Individual, Couple Club, Family Club, Family Plus Club, Zookeeper and Curator/Director/SAZ00. Currently, the total Zoo members are: Individual: 176 Couple Club: 1,191 Family Club: 3,489 Family Plus Club: 1,094 Zookeeper:92 Curator, Director and SAZ00: 38 Total: 6,080 Discovery has the following types of Cube memberships: Dual, Family, Family & Friends, and Cube Ambassador. Currently, the total Center members are approximately: Dual: 2,400 Family: 88,000 Family & Friends:1,700 Cube Ambassador: 5 Total: 92,105 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR RECIPROCAL MEMBERSHIP PRIVILEGES FOR FEBRUARY 2020 TERM This MOU will be effective February 6, 2020 and will end at the close of business for each respective facility on February 29, 2020. Ill. SCOPE OF RECIPROCAL MEMBERSHIP PRIVILEGES City and Discovery agree to offer reciprocal membership privileges for the term of this MOU. Cube members, with valid proof of membership, will be allowed entry Into the Zoo as more fully outlined below. Zoo members, with valid proof of membership, will be allowed entry into the Cube as more fully outlined below. Both parties agree to promote the reciprocal membership privileges for the month of February 2020 but place no restrictions or obligations on when or how this promotion shall be done. Zoo Entry The Zoo will offer admission to Center members as follows: Dual membership: 2 adults Family and up membership: 2 adults and 2 kids or 1 adult and 3 kids Cube Entry The Cube will offer admission to Zoo members as follows: Individual: 2 adults Couple: 2 adults Family level and up: 2 adults and 2 kids or 1 adult and 3 kids IV. INDEMNIFICATION City and Discovery acknowledge this MOU is by and between two independent organizations and is not Intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. For liability purposes, neither organization shall be considered the agent of the other. Discovery shall indemnity, defend, and hold harmless City, its officers, agents, and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act of its officers, agents or employees in the exercise of any right or privilege by Discovery pursuant to this MOU. City shall indemnity, defend, and hold harmless Discovery, its officers, agents, and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act of Its officers, agents or employees in the exercise of any right or privilege by City pursuant to this MOU. Except as otherwise provided, all disputes between the parties arising out or relating to this MOU may be decided by means of legal action provided by California state law and venued in Orange County Superior Court. Each party shall pay for its own costs and attorney's fees arising from such legal action. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR RECIPROCAL MEMBERSHIP PRIVILEGES FOR FEBRUARY 2020 V. NON-DISCRIMINATION City and Discovery both agree that they shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. City and Discovery further affirm that they are both an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, VI. TERMINATION This MOU can be terminated by either City or Discovery with 24 hours' notice in writing to the other party. Any notice provided pursuant to this Section shall be sent to the following individuals: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With a copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 To User: Discovery Science Centerof Orange County 2500 N Main Street Santa Ana, CA 92705 Attn: Kellee Preston, Chief Operations Officer VII. MISCELLANEOUS PROVISIONS Each signatory to this MOU represents that he or she has the express authority to hind his or her respective party to each and every term contained in this MOU. The parties agree that electronic signatures can be used in lieu of original signatures and can be transmitted via fax or email. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR RECIPROCAL MEMBERSHIP PRIVILEGES FOR FEBRUARY 2020 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date and year first written above. ATTEST: CITY OF SANTA ANA Daisy o \Kristine Ridge,Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: kw.Ny, A . a Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DISCOVERY SCIENCE CENTER OF ORANGE COUNTY Lisa udloff Ytee:SPreston E cutive Director of Parks, Chief Operations Officer Recreation and Community Services Agency MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR RECIPROCAL MEMBERSHIP PRIVILEGES FOR FEBRUARY 2020