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189
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PLACENTIA
AND THE PLACENTIA COMMUNITY FOUNDATION
Centennial Celebration Fundraising Partnership
This Memorandum of Understanding (“MOU”) is made and entered into as of this of , 2025 (“Effective Date”), by and between the City of Placentia, a California municipal corporation (“City”), and the Placentia Community Foundation, a California 501(c)(3) nonprofit public benefit corporation (“Foundation”).
I. PURPOSE
The purpose of this MOU is to establish a mutual understanding and partnership between the City and the Foundation in support of fundraising efforts for the City of Placentia’s Centennial Celebration, to be held throughout the calendar year 2026. The City will organize and host a variety of community events designed to commemorate its 100th anniversary. The Foundation will assist by accepting, managing and reporting on monetary donations received from community partners and local businesses that wish to contribute financially to the Centennial Celebration.
II. ROLES AND RESPONSIBILITIES
A. City of Placentia. The City shall be responsible for the following:
1. Coordinate Centennial Events. Organize, promote, and host a series of community events as part of the Centennial Celebration for the benefit of local businesses and community members.
2. Solicit Donations. Promote donation opportunities to local businesses and individuals who wish to support the Centennial Celebration. The City shall inform donors that all monetary donations should be made payable to the Placentia Community Foundation to ensure their donations are tax-deductible, if applicable.
3. Invoice for Reimbursement. Submit itemized invoices to the Foundation for eligible Centennial-related expenses, including but not limited to event supplies, contracted services, entertainment, rentals, and promotional materials.
4. Provide Supporting Documentation. Provide the Foundation with receipts, contracts, and/or documentation to substantiate the requested reimbursements. 190
B. Placentia Community Foundation. The Foundation shall be responsible for the following:
1. Accept and Manage Donations. Receive, deposit, and account for all monetary donations made in support of the Centennial Celebration. Donations may be made payable to the Foundation, which will provide its Taxpayer Identification Number (TIN) upon request to any donor requiring it for tax purposes. All donations received shall be deposited in a separate account identified as the Centennial Celebration account.
2. Track and Report Donations. Maintain a detailed accounting of all donations received for the Centennial Celebration and report total amounts received monthly to the City Administrator’s Office or designated staff liaison.
3. Disburse Funds. Disburse funds in a timely manner in connection with the reimbursement of invoices submitted by the City for Centennial-related expenses. disburse funds accordingly and in a timely manner.
4. Board Oversight and Reporting. Present a monthly financial report to the Foundation’s Board of Directors and the City’s Designated Representative summarizing donations received, invoices paid, and the balance of Centennial-designated funds.
III. DONATION IDENTIFICATION AND USE
1. Donation Identification. All Centennial-related donations must be clearly identified at the time of submission. Donors must designate their contributions as “Centennial Celebration” funds either in the memo line of checks, accompanying cover letters, or through verbal confirmation with staff when using digital platforms.
2. Restricted Use. All funds received and identified for the Centennial Celebration shall be used solely for expenses directly related to the City’s Centennial events. These funds may not be used for general City or Foundation operations or unrelated programming.
IV. TERM AND TERMINATION
1. Term. This MOU shall commence on the date Effective Date and shall remain in effect through December 31, 2026, unless extended by mutual written agreement between the parties.
2. Termination. Either party may terminate this MOU with thirty (30) days’ written notice to the other party. In the event of termination, all Centennial-designated funds remaining in the Foundation’s account shall be disbursed to the City for use in alignment with the original intent of the donations, or returned to donors where legally appropriate or required.
2 191
V. GENERAL PROVISIONS
1. Non-Binding Agreement. This MOU is a mutual expression of intent and cooperation and does not create any legally enforceable obligations or a joint venture between the parties.
2. Indemnification. Each party agrees to indemnify and hold harmless the other party, its officers, employees, and agents from any claims, liabilities, damages, or expenses arising out of or related to the party’s performance under this MOU, to the extent permitted by law.
3. Amendments. This MOU may be amended only in writing and signed by authorized representatives of both parties.
4. Designated Representatives. Each party shall designate a representative to coordinate communication and logistics associated with this partnership:
o City : Lydie Gutfeld, Community Services Director, [email protected]; Phone: 714-993-8227
o Foundation:
5. Notices. Any notices, documents, correspondence or other communications concerning this MOU may be provided by personal delivery, mail or e-mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
City: Foundation
City of Placentia Placentia Community Foundation
Attention: City Administrator Attention: Tricia Montelongo, Jennifer Lampman Sheila Jordan 401 E. Chapman Avenue 401 E. Chapman Avenue
Placentia, California 92870 Placentia, California 92870 Email: Email:
6. Governing Law. This MOU shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.
7. Venue. In the event of any legal action arising under this MOU, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
Signatures on following page.
192
______________________________
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date first written above.
CITY OF PLACENTIA
By:
Name: Jennifer Lampman
Title: City Administrator
Attested to by:
By:
Name:Robert S. McKinnell
Title: City Clerk
Approved as to form:
By:
Name:ChristianBettenhausen
Title: City Attorney
PLACENTIA COMMUNITY FOUNDATION
By:
Name:
Title:PFC Co-Chair
By:
Name:
Title:Sheila Jordan, Co-Chair
4 193