|
obligate Provider or the City. Each party to this Agreement acknowledges that no representations,
<br />inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
<br />acting on behalf of any party, which is not embodied herein.
<br />13. ASSIGNMENT
<br />The experience, knowledge, capability and reputation of Provider were a substantial
<br />inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer,
<br />delegate, or subcontract any interest herein without the prior written consent of the City and any
<br />such assignment, transfer, delegation or subcontract without the City's prior written consent shall
<br />be considered null and void.
<br />14. TERMINATION
<br />a. This Agreement may be terminated by the City immediately pursuant to any federal,
<br />state, county or local health order related to or regarding COVID-19 making it impossible to hold
<br />classes. For any other reason, this Agreement may be terminated by City upon thirty (30) days
<br />written notice of termination. In such event, Provider shall be entitled to receive, and City shall
<br />pay Provider, 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 1 Lb. must be
<br />given to the City at least thirty (30) days prior to tennination/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 />15. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, faihire or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
<br />16. 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 />17. 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 />Page 8 of 10
<br />
|