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representations, inducements, promises or agreements, orally or otherwise, have been made by
<br />any party, or anyone acting on behalf of any party, which is not embodied herein.
<br />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-f ve percent (75%) of its offered classes.
<br />12. TERMINATION
<br />NA'TION
<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. Ton-nination 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 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 />attends nco in each class. Provider shall keep those 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, sox, 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,
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