Laserfiche WebLink
C. Provide technical assistance for the dismantling, transportation, installation and <br />maintenance of the train. <br />D. Prepare and perform a regular maintenance program on the train and associated <br />equipment to ensure the successful daily operation of the train ride. <br />E. Pay for all costs associated with the maintenance and daily operations of the train <br />ride. <br />F. Receive all revenue generated by the train concession. <br />G. Communicate closely with CITY and Zoo staff concerning the installation, <br />operation and maintenance of the train concession. <br />H. Provide a designated safety person to prepare schedule and perform regular <br />inspection on the train operation and tracks. <br />II. OWNERSHIP <br />The train and all associated equipment purchased by the Friends of the Santa Ana Zoo <br />shall remain the property of the Friends of the Santa Ana Zoo. If for any reason the <br />Friends of the Santa Ana is abolished, all fixed equipment shall revert to the CITY for <br />continued Zoo operation. <br />III. OPERATION AND MAINTENANCE OF TRAIN CONCESSION <br />The FOSAZ shall provide to the CITY a schedule of operation and maintenance of the <br />train concession. A designated safety person identified and provided by FOSAZ (before <br />each operation and public use) shall inspect all equipment and tracks. The FOSAZ shall <br />provide to the CITY quarterly reports of maintenance, operation and safety records on the <br />train concession. The FOSAZ shall permit, at any time and as often as CITY deems <br />necessary, CITY and/or its authorized representatives to inspect the train operation and <br />equipment. <br />IV. INDEPENDENT CONTRACTOR <br />It is expressly agreed that in the performance of the services necessary to carry out this <br />Agreement, the CITY shall be, and is, an independent contractor, and is not an agent or <br />employee of FOSAZ. CITY has and shall retain the right to exercise full control and <br />supervision of the services, and full control over the employment, direction, <br />compensation and discharge of all persons assisting CITY in the performance of CITY's <br />services hereunder. CITY shall be solely responsible for all matters relating to the <br />payment of its employees, including compliance with social security, withholding and all <br />other regulation governing such matters, and shall be solely responsible for CITY's own <br />acts and those of CITY's subordinates and employees. Likewise, FOSAZ is a separate <br />independent entity from CITY and has full responsibility for the services and obligations <br />required hereunder of FOSAZ. <br />V. TERMINATION <br />This Agreement may be terminated immediately for cause or by either party without <br />cause, upon thirty (30) days written notice of discontinuance and termination of said <br />Agreement, Such notice shall be made in accordance with Section X of this Agreement. <br />ZooTrain. Agr. <br />8/I4198 <br />Page 2 of 5 <br />