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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY AND BOWERS MUSEUM (2) INSURANCE NOT F(F-WIRM WORK NIX(PROCEED N-2025-289 WfY Cl-EkK B IE: DEC 1 8 2025 MEMORANDUM OF UNDERSTANDING Between the City of Santa Ana, the Discovery Science Center of Orange County, and Bowers Museum for O.rRUAN Reciprocal Membership Privileges MprLon�{p�j January 2, 2026 to January 31, 2026 I. 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 Zoo, Discovery, and Bowers for the month of January 2026. City, Discovery, and Bowers acknowledge that attendance numbers at the Zoo, Discovery and Bowers, respectively,are lower during the month of January and generally for the 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 2026. 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, Dual, Family Club, Family Club Plus, Complimentary, Lifetime, Conservation Patron, Legacy Guardian, Wildlife Champion, Zookeeper, and Curator/Director/SAZ00. Currently, the number of Zoo members are: • Individual (One named adult, no children): 120 • Dual (Two named adults, no children): 1,417 • Family Club (Two named adults, up to four children, seventeen or younger): 1,957 • Family Plus Club (Two named adults, up to four children, seventeen or younger, plus one additional adult): 325 • Complimentary (Two named adults, up to four children, seventeen or younger): 38 • Lifetime (Two named adults, up to four children, seventeen or younger): 7 • Conservation Patron: (Wildlife Champion plus additional benefits): 17 • Legacy Guardian (Conservation Patron benefits plus a VIP Cart Tour): 6 • Wildlife Champion (Two named adults, 2 accompanying guests and up to 4 children): 7 • Zookeeper (Two named adults, up to four children, seventeen or younger, plus two additional adults): 42 • Curator, Director, and SAZOO (Two named adults, up to four children, plus two accompanying adults and donor recognition) : 86 Discovery has the following types of memberships: Dual, Family, Family& Friends, and Cube Ambassador. Currently,the total Discovery member are approximately: • Dual (One adult and one child): 7,934 • Family(Up to six family members): 8,979 • Family& Friends (Up to six family members+two additional people per visit): 440 • Cube Ambassador(Eight visitors per visit): 32 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: Page 1 of 5 • Individual (One named adult, no children; includes Student-Single and Senior-Single legacy members): 994 • Dual (Two named adults, no children; includes Senior,Student, Teacher,Adult): 3,689 • Family(Two named adults, up to four children,seventeen or younger): 344 • Contributor(Two named adults, up to four children, seventeen or younger): 180 • Patron(Two named adults,up to fourchildren,seventeen oryounger,and includes special friend): 20 • Fellows (Two named adults, up to four children, seventeen or younger): 131 • President's Circle (Two named adults, up to four children, seventeen or younger): 6 • Lifetime/Honorary Members (Two named adults, up to four children, seventeen or younger; includes Lifetime Members, Honorary Fellows, Honorary Board): 96 II. TERM This MOU will be effective January 1,2026 and will end at the close of the business day for each respective facility on January 31, 2026. III. SCOPE OF RECIPROCAL MEMBERSHIP PRIVILEGES City, Discovery, and Bowers agree to offer reciprocal membership privileges for the term of this MOU. Discovery members, with valid proof of membership, will be allowed entry into the Zoo as more fully outlined below. All parties agree to promote the reciprocal membership privileges for the month of January 2026, 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 membership: Two named adults, no children Family and up level: Two named adults and up to four children (age 17 years or younger) Staff membership: Named adult, plus one guest 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) Staff membership: Named adult, plus one guest Discovery Entry The Discovery will offer admission to Zoo members as follows: Individual One named adult Couple: Two named adults or named adult with child card holder Family and up level: Two named adults and two children or one named adult and three children (age 17 or younger) Staff membership: Named adult, plus one guest Discovery will offer admission to Bowers members as follows: Individual: One named adult Student/Teacher: Two named adults Page 2 of 5 Senior: Two named seniors Family and up: Two named adults and up to four children age 17 or younger Staff membership: Named adult, plus one guest 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) Staff membership: Named adult, plus one guest Bowers will offer entry to Discover members as follows: Dual: One named adult or child cardholder, and one member guest per visit Family and up level: Two named adults and up to four children (age 17 or younger) Staff membership: Named adult, plus one guest 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. Page 3 of 5 V. 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, 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 comply with 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: CITY OF SANTA ANA Jennifer L. II Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO BOWERS MUSEUM City Attorney By: /l / d onathan T. Martin z Kelly R omske Assistant City Attorney Vice President of External Affairs RECOMMENDED FOR APPROVAL: DISCOVERY SCIENCE CENTER OF ORANGE COUNTY r ft � � kw� 0j Hawk Scott C h'enFghyte Executive Director of Parks, Vice President, Marketing Recreation and Community Services Agency Page 5 of 5