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It. ASS IGNMENT/SUBSTITUTES <br />a. Assignment. The experience, knowlailge, capability and reputation of Provider were a <br />substantial inducement for City to enter into this Agrearnent. Therefore, llrovidcr may not assign, <br />transfer, delegate, or subcontract any interest herein without the prior written consent of the City <br />and any such assiprnern, 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 notable to teach a class due it) illness or some other <br />cause beyond Provider's reasonable control. Provider must procure. at its sole expense, a qu -at i fled <br />substitute instructor to teach the class at its regular time and place. Provider shall ensure that <br />substitute instructors are at least twenty-onc(2l) years irfa Viand comply with theCity'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 noticy, participants as <br />soon as possible of any class cancellation and make-up class. Provider must personally teach at <br />least seventy -live percent (75%) of its offiared 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 ofterantralion. <br />b.'Fermination 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 term ination/cancel lation. 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 run (10%) Percent of the final payment to Pnivider. <br />11 RECORDS <br />Provider shall use attendance sheets generated and suppliLd, by the City to record <br />attendance in cacti 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 f3l 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 dc&ud and prohibited by <br />applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination <br />47097v2 <br />