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Page 1 of 7 <br />DONATION AGREEMENT WITH UNIVERSITY OF CALIFORNIA, IRVINE <br />SCHOOL OF EDUCATION FOR STEM LEARNING ACTIVITIES AND <br />EXPERIENCES IN MADISON PARK AND ANGELS COMMUNITY PARK <br />This Agreement is made and entered into this 2nd day of May 2023 by and between The <br />Regents of the University of California, on behalf of its Irvine Campus School of Education (“UCI”) <br />and the City of Santa Ana, a charter city and Municipal Corporation organized and existing under the <br />Constitution and laws of the State of California (“City”). <br />RECITALS <br />A.The University of California, Irvine School of Education’s STEM Learning Lab research <br />team reimagines public park spaces with Science, Technology, Engineering, and Mathematics (STEM) <br />learning activities and experiences. <br />B.STEM-focused amenities such as Parkopolis, Fraction Ball, Number Ball, Loteria, and <br />How Tall Am I aim to promote STEM learning opportunities. <br />C.These STEM-focused amenities will be donated to City and installed by UCI at no cost to <br />City. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1.SCOPE OF SERVICES <br />UCI shall furnish, at its own expense, all labor, materials, equipment, supplies and other items <br />and services necessary to install Parkopolis, Fraction Ball, and Number Ball at Madison Park and <br />Loteria and How Tall Am I at Angels Community Park by June 1, 2023 or other date as mutually <br />agreed upon by the parties in a signed writing. City grants UCI the right to enter its property for the <br />purpose of installation. <br />2.COMPENSATION <br />City agrees to accept services to be provided above and UCI agrees to provide services and <br />materials free of charge to the City. This Agreement does not contemplate the payment of monies to <br />UCI on the part of the City. <br />3.TERM <br />This Agreement shall commence on the date stated above and terminate on December 31, 2023, <br />unless terminated earlier in accordance with Section 12, below. <br />4.INDEPENDENT CONTRACTOR <br />UCI shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise