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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 other
<br />cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified
<br />substitute instructor to teach the class at its regular time and place, Provider shall ensure that
<br />substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance
<br />and live scan requirements contained herein. Evidence of compliance with City's insurance and
<br />live scan requirements shall be provided upon request. Provider must immediately notify the City
<br />of the substitute instructor's name, qualifications, address and phone number. If Provider cannot
<br />procure a qualified substitute and the City is unable to assist in this regard, then the class shall be
<br />canceled and a make-up class must be added to the session. Provider must notify participants as
<br />soon as possible of any class cancellation and make-up class. Provider must personally teach at
<br />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 Lb, 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 risk
<br />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, gender identity, gender expression, gender, medical conditions, genetic
<br />information, or military and veteran status, age, national origin, ancestry, or disability, as defined
<br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
<br />promotion, termination or other employment related activities or any services provided under this
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