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F. Additionally, the City may, by written notice, suspend or terminate any Contract in <br /> whole or in part with an Agency that is a local governmental entity if it is found that the <br /> Agency has violated the Code of Ethics for Municipal Officers — Contract Interests, <br /> Chapter 42.23 RCW. <br /> IX. COVENANT AGAINST CONTINGENT FEES <br /> The Agency warrants that no person or agency has been employed or retained on a <br /> contingent fee for the purpose of seeking or obtaining this Agreement or any Contract. <br /> This does not apply to legitimate employees or an established commercial or selling <br /> agency maintained by the Agency for the purpose of securing business. In the event of <br /> breach of this clause by the Agency, the City may at its discretion: <br /> A. Terminate this Agreement and any Contract under the procedures discussed in <br /> Section XLIII without any liability; <br /> B. Deduct from the Contract price or consideration, or otherwise recover, the full amount <br /> of any such contingent fee; and <br /> C. Seek such other remedies as are legally available. <br /> X. NONWAIVER OF CITY RIGHTS <br /> The City's failure to insist upon the strict performance of any provision of thisAgreement <br /> or any Contract, its failure to exercise any right based upon a breach thereof, or its <br /> acceptance of any defective performance shall not constitute a waiver of any rights <br /> under this Agreement or any Contract, unless stated to be such in writing signed by an <br /> authorized representative of the City and attached to the original Agreement or <br /> Contract. <br /> XI, PERFORMANCE STANDARDS, LICENSING AND REGISTRATION <br /> A. The Agency shall comply with all applicable local, state, and federal licensing and <br /> accrediting requirements/standards and any other standards or criteria established by <br /> the City to assure the quality of services necessary for the performance of any <br /> Contract. <br /> B. The Agency shall maintain registration with the Washington State Office of the <br /> Secretary of State. <br /> XII. SERVICES PROVIDED IN ACCORDANCE WITH LAW <br /> The Agency and the City shall comply with all applicable laws, rules, ordinances, codes, <br /> and regulations of local, state, and federal governments, as now existing or hereafter <br /> enacted or amended in the performance of any Contract. <br /> XIII. PUBLIC RECORDS <br /> This Agreement and any Contract shall be considered a public document and will be <br /> available for inspection and copying by the public in accordance with the Public Records <br /> Exhibit A <br /> City of Everett and Everett Gospel Mission <br /> Pallet Shelter Pilot Community Agreement <br /> Page 8 of 33 <br />