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HomeMy WebLinkAboutC-9986-1 - Donation Agreement for Pinktober Wrap of Fire Department AmbulanceDONATION AGREEMENT FOR PINKTOBER WRAP OF FIRE DEPARTMENT AMBULANCE This Aareement ("Aareement") is made and entered into this 17 i4,day of September, 2025 ("Effective Date") by and between the City of Newport Beach, a California municipal corporation and charter city ("City"), and Hoag Memorial Hospital Presbyterian, a California nonprofit corporation ("Hoag"). It is hereby agreed by and between the parties as follows: 1. Hoag shall donate to City all labor, materials and expenses associated with the application and removal of an auto wrap of a City Fire Department ambulance of the City's choosing with "Pinktober" wrap to commemorate Breast Cancer Awareness Month ("Donation"). The final design of the wrap shall be subject to approval by the City Fire Chief or their designee. 2. The Donation has a market value of Eight Thousand Seven Hundred Fifty Dollars ($8,750.00), as reflected on the estimate #2163 attached hereto as Exhibit A and incorporated herein by this reference. The wrap is donated for free by Hoag to City without any expectation of consideration whether in the form of compensation, in -kind, or otherwise. City agrees to accept the wrap subject to the terms and conditions set forth in this Agreement. 3. The City intends to utilize the wrapped ambulance during the month of October 2025 in support of, and to increase awareness of, Breast Cancer Awareness Month. 4. The parties shall cooperate in good faith to agree upon a date and time for delivery of the ambulance to a qualified facility to install the wrap. After the month of October 2025, the parties agree to cooperate in good faith to agree upon a date and time for delivery of the ambulance to a qualified facility to remove the wrap, to occur by or before November 15, 2025. 5. City makes no representations regarding whether Hoag may claim a tax deduction in connection with the donation, and Hoag is advised to consult with a qualified tax professional in connection therewith. 6. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. In the event there are any conflicts or inconsistencies between this Agreement and any attachments hereto, the terms of this Agreement shall govern. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the Donation Agreement Page 1 remaining provisions of this Agreement shall continue in full force and effect. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Donation Agreement Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / l `"I / Z S� By: Aprbn d. Harp City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: 1 D/R�20z5' By: -e-o� q?VK. Leung y Manager ATTEST: HOAG MEMORIAL HOSPITAL Date: 7 PRESBYTERIAN, a California nonprofit corporation Date: By: U �/ Molly Perry Interim City Clerk 6° V IN l J =C' By. Signed in Counterpart Robert Braithwaite Chief Executive Officer Date: M Signed in Counterpart Andrew Guarni Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Estimate # 2163 Donation Agreement Page 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z By: Aaron G. Harp City Attorney ATTEST: Date: Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Grace K. Leung City Manager HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit corporation Date: /l>! /2 By: Zo, 4- P, rt bent Braithwaite Chief Executive Officer Date: l (7 - D l - -7,0 2S By: JY tef Vn ew Guarni Financial Officer [END OF SIGNATURES] Exhibit A — Estimate # 2163 Donation Agreement Page 3 EXHIBIT A Estimate # 2163 Quick Crete Products Corp. Page A-1 10 DESIGNS, INC. tf�✓� �,i 221 19TH STREET UNIT C HUNTINGTON BEACH, CA 92648 US `�. 7143367590 JASON@10DESIGNSINC.COM WWW.10DESIGNSINC.COM ADDRESS ESTIMATE # 2163 NEWPORT BEACH FIRE DATE 09/17/2025 P.O. NUMBER SALES REP TBD JASON NONEMAKER WRAP. 1 7,750.00 7,750.00 NEWPORT BEACH FIRE AMBULANCE BREAST CANCER AWARENESS PINK WRAP W/NBFD & HOAG LOGO OVERLAP GRAPHICS W/INSTALLATION DESIGN 1 250.00 250.00 DESIGN & MOCK UP WRAP. 1 750.00 750.00 WRAP REMOVAL SUBTOTAL 8,750.00 TAX (0%) 0.00 TOTAL $8,750.00 Accepted By Accepted Date