MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, is made and entered into this ______ day of March, 2022, by and between the CITY OF FULLERTON, a municipal corporation (hereinafter referred to as “CITY”) and he FULLERTON MUSEUM CENTER ASSOCIATION, a non-profit 501 (c) 3 organization, organized and existing under the laws of the State of California, and the United State Internal Revenue Service (hereinafter referred to as “Association”) with reference to the following:
WHEREAS, the parties are presently negotiating various Agreements whereby the City intends on Leasing the Fullerton Museum Center located at 301 N. Pomona Ave., Fullerton, California 92832 to the Association; and;
WHEREAS, the continuing parties currently have different opinions regarding the formation, acceptance and ratification of a prior Agreement executed on or about June 15, 2004 to commence on July 1, 2004 for a period of 10 years, with a 10 year extension which was executed in 2014, extending said Agreement to 2024; WHEREAS, the City contends that said Agreement was never properly adopted by the City Council, and;
WHEREAS, the FMCA contends that said Agreement was valid, approved and/or ratified; and notwithstanding the different viewpoints of either party and without any waiver of any rights or contentions of either party, each party hereby agrees as follows:
1. The City hereby acknowledges and does not object to the Association employing Independent Contractors and Employees without any approval of the City. The Association shall be responsible for ensuring that appropriate Insurance is in evidence and has been approved by the City prior to the hiring of any employees and will be responsible for any employment taxes or withholdings paid to any such employees.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
CITY: ASSOCIATION:
City of Fullerton Fullerton Museum Center Association
____________________________ ___________________________________ FRED JUNG, Mayor JANET BUZAN, FMCA President
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JIM RANII, Treasurer
DRAFT