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Home My WebLink AboutPRETEND CITY INSMANCE NOT REQUIRED WORK MAY PROCEED N-202E-002 GI-Y CLERK DAH JAN 12 2026 MEMORANDUM OF UNDERSTANDING tl PRGS�(14�i Between The City of Santa Ana and Pretend City for Reciprocal Membership Privileges MuY�lAng�6z� February V, 2026 to February 281h, 2026 I. PURPOSE The purpose of this Memorandum of Understanding ("MOU") is to establish guidelines between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), Santa Ana Zoo ("Zoo") and Pretend City, the Children's Museum of Orange County, a California non-profit corporation ("Pretend City") for reciprocal membership privileges ("program") between the Zoo and Pretend City for the month of February 2026. The parties acknowledge that attendance numbers at the Zoo and Pretend City, respectively, are lower during the month of February and generally for the winter months, It is the intention of City and Pretend City to offer reciprocal membership privileges at the Zoo and Pretend City in efforts to increase attendance at said facilities during the month of February 2026. In addition,the program will expose potential new members to each organization and will promulgate goodwill between City and Pretend City, City has the following types of Zoo memberships: Individual, Dual, Family Club, Family Club Plus, Comp, Lifetime, Conservation Patron, legacy Guardian, Wildlife Champion, Zookeeper, and Curator/Director/SAZOO. 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 Pretend City has the following types of memberships: Dual, Family of 3, Family of 4, Family of 5, Museums for All, and VIP/City Lights. All membership levels refer to named members. Any adult - including those with memberships - seeking admission to Pretend City must be accompanied by a child. Updated membership lists will be provided to the Zoo on a weekly basis. The total Pretend City members are approximately: + Dual (Admission for 2): 854 • Family of 3 (Admission for 3): 770 + Family of 4 (Admission for 4): 280 • Family of 5 (Admission for 5): 196 Page 1 of 4 • Museums for All (Admission for 4): 108 • VIP/City Lights (Philanthropic level; Admission for up to 8 named on spreadsheet provided weekly): 78 II. TERM This MOU will be effective starting February 1, 2026 and will end at the close of business for each respective facility on February 28, 2026. Pretend City doses every Monday and Tuesday, with the exception of Monday, February 16, 2026. Ill, SCOPE OF RECIPROCAL MEMBERSHIP PRIVILEGES City and Pretend City agree to offer reciprocal membership privileges for the term of this MOU. Pretend City and Zoo members, with valid proof of membership,will be allowed entry into the Zoo and Pretend City as more fully outlined below. All parties agree to promote the reciprocal membership privileges for the month of February 2026 but place no restrictions or obligations on when or how this promotion shall be done. Zoo Entry The Zoo will offer admission to Pretend City members as follows: Dual membership: One adult and one child Family and up level: Two named adults and up to four children (age 17 oryounger) Staff: One named adult plus one guest Pretend City_En Pretend City will offer admission to Zoo members as follows. No adults are allowed entry without a child. Individual/Staff: One named adult with child Couple: Named adult and child Family and up level: Any variation of adults and children for a total of up to four people IV. INDEMNIFICATION City and Pretend City 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 organizations shall be considered the agent of the other. Pretend City shall indemnify, 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 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. City shall indemnify,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 City pursuant to this MOU. Page 2 of 4 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 awn costs and attorney's fees arising from such legal action. V. NON-DISCRMI NATION CITY and Pretend City agree that they shall not discrimination because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions,genetic information or other employment related activities or any services provided under this Agreement.City and Pretend City 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 Pretend Citywith 24 hours' notice in writingto the ether 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, California 92702 To User: Pretend City 29 Hubble Irvine, CA 92618 Attn: Kelley Lovell, Director of Operations 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 to this MOU. The parties agree that electronic signatures can be used in lieu of original signatures and can be transmitted via fax or email. [signature page follows] Page 3 of 4 Signature Page to Memorandum of Understanding Between The City of Santa Ana and Pretend City for Reciprocal Membership Privileges IN WITNESS WHEROF,the parties hereto have executed this Memorandum of Understanding on the date and year first written above. ATTEST: { CITY OF SANTA ANA enni er L. H I Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: PRETEND C1Tyr� City Attorney I � � ` 4 Jonathan T. Martin z rw*h%V*f1 (Lon �j Assistant City Attorney € cr. of$p€ Clss fGCl1TUt� (e� RE OMMENDED FOR APPROVAL: Hawk Scott Executive Director Page 4 of 4