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11. ASSIGNMENT/SUBSTITUTES <br />a. Assignment. The experience, knowledge, capability and reputation of Provider were a <br />substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, <br />transfer, delegate, or subcontract any interest herein without the prior written consent of the City <br />and any such assignment, transfer, delegation or subcontract without the City's prior written <br />consent shall be considered null and void. <br />b. Substitutes. In the event Provider is not able to teach a class due to illness or some <br />other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a <br />qualified substitute instructor to teach the class at its regular time and place. Provider shall <br />ensure that substitute instructors are at least twenty-one (21) years of age and comply with the <br />City's insurance and live scan requirements contained herein. Evidence of compliance with <br />City's insurance and live scan requirements shall be provided upon request. Provider must <br />immediately notify the City of the substitute instructor's name, qualifications, address and phone <br />number. If Provider cannot procure a qualified substitute and the City is unable to assist in this <br />regard, then the class shall be canceled and a make-up class must be added to the session. <br />Provider must notify participants as soon as possible of any class cancellation and make-up class. <br />Provider must personally teach at least seventy-five percent (75%) of its offered classes. <br />12. TERMINATION <br />a. This Agreement may be terminated by the City upon thirty (30) days written notice of <br />termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, <br />compensation for all services rendered prior to the effective date of termination. <br />b. Termination or cancellation of classes by the Provider outside of Section I l.b. must be <br />given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide <br />adequate cancellation notice to the City may put future contracting of business with the City at <br />risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. <br />13. RECORDS <br />Provider shall use attendance sheets generated and supplied by the City to record <br />attendance in each class. Provider shall keep these and any other records in connection with the <br />work to be performed under this Agreement and shall permit City, upon request, to review such <br />records for a period of three (3) years from the date of final payment to Provider under this <br />Agreement. <br />14. NON-DISCRIMINATION <br />Provider shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, teaching, training, utilization, promotion, <br />termination or other employment related activities or any services provided under this <br />Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br />5 <br />