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VI. AUDITS AND INSPECTIONS <br />FOSAZ shall permit, at any time and as often as CITY deems necessary, CITY and/or its <br />authorized representatives to have access to FOSAZ books, records, accounts, and any <br />and all data relevant to this Agreement, for the purpose of making an audit or <br />examination for a period of four (4) years following the fiscal year of the last expenditure <br />under this Agreement. FOSAZ shall permit and facilitate observation and inspection of <br />the work and records at the FOSAZ principal office and job site by CITY, its employees, <br />agents, public authorities and other designees, during reasonable business hours. CITY <br />and FOSAZ acknowledge that all records related to expenditures concerning the train ride <br />are subject to public review. <br />VII. INSURANCE <br />FOSAZ agrees to assume total responsibility for all liability claims, as related to the <br />transportation, ownership and operation of the train concession. The FOSAZ shall carry <br />automobile liability and commercial general liability insurance, with certificates naming <br />the City of Santa Ana, its officers, agents, employees and volunteers as additional <br />insured(s). <br />VIII. CONFLICT OF INTEREST <br />The following protections against conflict of interest will be upheld: <br />A. CITY and FOSAZ certify that no member, officer, or employee of the CITY and <br />FOSAZ, their designees or agents, and no other public official of CITY and <br />FOSAZ who exercises any functions or responsibilities with respect to the <br />programs or projects covered by this Agreement, shall have any interest, direct or <br />indirect in this Agreement or in any construction/consultant agreements made, or <br />in the proceeds therefrom during his/her tenure or for one year thereafter. <br />B. CITY and FOSAZ certify that no one who has any financial interest in this <br />Agreement or receives compensation for services from CITY or FOSAZ is related <br />by blood or marriage within the third degree to the Mayor or any one or more of <br />the members of the City Council, City Manager, or the head of the department <br />and FOSAZ Board of Directors to which these services are to be provided <br />pursuant to this Agreement. <br />C. FOSAZ shall incorporate, or cause to be incorporated, in all sub -agreements for <br />work to be performed under this Agreement a provision prohibiting such interests <br />pursuant to the purpose of this section. <br />IX. ASSIGNMENT <br />FOSAZ shall not assign or otherwise transfer any rights, duties, obligations or interest, in <br />this Agreement or arising hereunder to any person, persons, entity or entities whatsoever <br />without the prior written consent of CITY and any attempt to assign or transfer without <br />such prior written consent shall be void. Consent to any single assignment or transfer <br />shall not constitute consent to any further assignment or transfer. <br />X. NOTICES <br />If either party shall desire or be required to give notice to the other, such notice shall be <br />given in written, by prepaid U.S. certified or registered postage, addressed to recipient as <br />follows: <br />ZooTrain. Agr. <br />8114198 <br />Page 3 of 5 <br />