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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY AND BOWERS MUSEUMINSURANCE NOT REQUIRED N-2025-001 WORK MAY PROCEED CITY CLERK DATE: JAN 13 2025 MEMORANDUM OF UNDERSTANDING 0: P RCSA (0) The City of Santa Ana, the Discovery Science Center of Orange County, and Bowers Museum It'" Lorvl (kF) for Reciprocal Membership Privileges January 2, 2025 to January 31, 2025 PURPOSE The purpose of this Memorandum of Understanding ("MOU") is to establish guidelines between the City of Santa Ana ("City"), the Discovery Science Center of Orange County ("Discovery), and the Bowers Museum ("Bowers) for reciprocal membership privileges ("program") between the Santa Ana Zoo ("Zoo"), the Discovery Science Center of Orange County ("Discovery), and the Bowers Museum ("Bowers") for the month of January 2025. City, Discovery, and Bowers acknowledge that attendance numbers at the Zoo, Discovery, and Bowers, respectively, are lower during the month of January and generally forthe winter months. It is the intention of City, Discovery, and Bowers to offer reciprocal membership privileges at the Zoo, Discovery, and Bowers in efforts to increase attendance at said facilities during the month of January 2025. In addition, the program will expose potential new members to each organization and will promulgate goodwill between City, Discovery, and Bowers. City has the following types of Zoo memberships: Individual, Couple Club, Family Club, Family Club Plus, Zookeeper, and Curator/Director/SAZ00. Currently, the total Zoo members are: • Individual: 96. One named adult, no children • Couple Club: 1,000. Two named adults, no children • Family Club: 2,187. Two named adults, up to four children, seventeen or younger • Family Plus Club: 413. Two named adults, up to four children, seventeen or younger, plus one additional adult • Zookeeper: 40. Two named adults, up to four children, seventeen oryounger, plus two additional adults • Curator, Director and SAZ00: 27. Two named adults, up to fourchildren, plus two accompanying adults and donor recognition. Discovery has the followingtypes of memberships: Dual, Family, Family & Friends, and Cube Ambassador. Currently, the total Discovery member are approximately: • Dual: 6,728. One adult and one child Family: 8,597. Up to six family members Family & Friends: 486. Up to six family members + two additional people per visit Cube Ambassador: 34. Eight visitors per visit Bowers has the following types of memberships: Individual, Student, Teacher, Senior, Dual Adult, Family, Contributor, Patron, Fellows, and President's Circle. Currently, the total Bowers member are approximately: • Individual: 377. One named adult, no children • Senior Dual: 2,427. Two named adults, no children Page 1 of 5 • Teacher Dual: 2.34. Two named adults, no children • Student Dual: 91. Two named adults, no children • Senior Single: 1173. One named adult, no children • Student Single: 68. One named adult, no children • Dual Adult: 485. Two named adults, no children • Family: 360. Two named adults, up to four children, seventeen or younger • Contributor: 200. Two named adults, up to four children, seventeen or younger • Patron: 22. Two named adults, up to four children, seventeen or younger • Fellows: 97. Two named adults, up to four children, seventeen or younger • President's Circle: 5. Two named adults, up to four children, seventeen or younger • Lifetime Members: 55. Two named adults, up to four children, seventeen or younger II. TERM This MOU will be effective January 2, 2025 and will end at the close of business for each respective facility on January 31, 2025. SCOPE OF RECIPROCAL MEMBERSHIP PRIVILEGES City, Discovery, and Bowers agree to offer reciprocal membership privileges for the term of this MOU. Zoo members, with ID and valid proof of qualifying membership, will be allowed entry into Bowers and Discovery as more fully outlined below. Discovery members, with ID and valid proof of qualifying membership, will be allowed entry into the Zoo and Bowers as more fully outlined below. Bowers members, with ID and valid proof of qualifying membership, will be allowed entry into the Zoo and Discovery as more fully outlined below. All parties agree to promote the reciprocal membership privileges for the month of January 2025, but place no restrictions or obligations on when or how this promotion shall be done. Zoo Entry The Zoo will offer admission to Discovery members as follows: Dual: One named adult or child cardholder + 1 member guest per visit Family and up: Two named adults and up to four children (age 17 or younger) The Zoo will offer admission to Bowers members as follows Individual: One named adult Student/Teacher: Two named adults Senior: Two named seniors Family and up: Two named adults and up to four children (age 17 or younger) Discovery Entry Discovery will offer admission to Zoo members as follows Individual: One named adult Couple: Two named adults or named adult with child cardholder Family and up: Two named adults and up to four children (age 17 or younger) Discovery will offer admission to Bowers members as follows: Page 2 of 5 Individual: One named adult Student/Teacher: Two named adults Senior: Two named seniors Family and up: Two named adults and up to four children (age 17 oryounger) = Bowers Entry Bowers will offer entry to Zoo members as follows: Individual: One named adult Couple: Two named adults or named adult with child cardholder Family and up: Two named adults and up to four children (age 17 or younger) Bowers will offer entry.to Discovery members as follows: Dual: One named adult or child cardholder+ 1 member guest per visit Family: Two named adults and up to four children (age 17 or younger) IV. INDEMNIFICATION City, Discovery, and Bowers acknowledge this MOU is by and between three 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 and/or Bowers, 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 and/or Bowers, 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, Bowers shall indemnity, defend, and hold harmless Discovery and/or 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 Bowers 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. NON-DISCRIMINATION All parties 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, Page 3 of 5 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. All parties further affirm that they are both an equal opportunity employer and shall complywith all applicable federal, state and local laws and regulations. VI. TERMINATION This MOU can be terminated by either City and/or Discovery and/or Bowers 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: City Clerk 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, CA 92702 To Users: Discovery Science Center of Orange County 2500 N Main Street Santa Ana, CA 92705 Attn: Kellee Preston, Chief Operations Officer Bowers Museum Attn: Kelly Radomske (Bishop) Vice President of External Affairs 2002 North Main St. Santa Ana, CA, 92706 VII. MISCELLANEOUS PROVISIONS Each signatory to this MOU represents that he or she has the express authority to bind 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. [signatures appear on following page] Page 4 of 5 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date and year first written above. ATTEST: SONIA R. CARVALHO City Attorney Tnathan T. MartinezL Assistant City Attorney RECOMMENDED FOR APPROVAL: Cott Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA Alvaro Nuriez City Manager BOWERS MUSEUM 'AA L v A F� Ily Radomsk Vice Presiden of External Affairs DISCOVERY SCIENCE CENTER OF ORANGE COUNTY Cherie yte Vice President, Marketing Page 5 of 5 From: RMD To: Lona. Mary Subject: RE: Insurance Request: Bowers Museum and Discovery Cube Date: Tuesday, November 26, 2024 5:10:35 PM Attachments: Imaoe001. ono imaae002.ono Hello Mary, No insurance requirements needed for this agreement based on the scope of services— no cost reciprocal membership. Thank you, LuiswNajarwl Senior Risk Management Analyst City of Santa Ana I Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-6959 Email: Inaiera5santa-ana org City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple ADD Store and on Google Play. Click he to report an issue directly from the City website. From: Long, Mary<MLong@santa-ana.org> Sent: Thursday, November 21, 2024 12:18 PM To: RMD <rmd@santa-ana.org> Subject: Insurance Request: Bowers Museum and Discovery Cube Submission Directions: 1. Subject line must be edited: Insurance Request: Contractor/Insured Name 2. Complete email template and attach the following documents: a. Draft agreement; or b. Scope of services; or c. PO, RFP, and any other documents which describe services to be provided 3. Send to Risk Management Division at RMDC-santa-ana.org 4. RMD will respond within 7-business days Department: PRCSA - Zoo Department Contact/ Project Manager Name: Mary Long /Management Analyst Direct Phone Number: X6512 Contractor/Vendor Name: Bowers Museum and Discovery Science Center of Orange County