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Exhibit D - 15 <br />This Agreement shall not be utilized to reduce substantially the amount of local financial support for <br />community development activities below the level of such support prior to the availability of such <br />assistance. <br />IX.Assignment and/or Subcontracting <br />The Service Provider shall not assign or subcontract any portion of the services provided within the <br />terms of this Agreement without obtaining prior written approval from the City. All terms and <br />conditions of this Agreement shall apply to any approved subcontract or assignment related to the <br />contract. <br />X.Standards for Fiscal Accountability <br />A.The Service Provider agrees to maintain books, records, documents, accounting procedures, and <br />practices which accurately reflect all direct and indirect costs related to the performance of this <br />Agreement. Such fiscal books, records, documents, reports and other data shall be retained in a <br />manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, <br />and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of <br />State Auditor, State of Washington. The Service Provider further agrees that the City shall have <br />the right to monitor and audit the fiscal components of the organization to ensure that actual <br />expenditures remain consistent with the terms of this Agreement. The Service Provider shall <br />retain all books, records, documents and other material relevant to the Agreement for three (3) <br />years after settlement of this Agreement. The Service Provider agrees that the City, the U.S. <br />Department of Housing and Urban Development, the Washington State Auditor, or their <br />designees, shall have full access to and right to examine any of said materials at all reasonable <br />times during said period. <br />B.The Service Provider agrees that any contributions or payments made for services furnished <br />under this Agreement shall be used for the sole benefit of this program. <br />XI.Covenant Against Contingent Fees <br />The Service Provider warrants that no person or selling agency has been employed or retained to <br />solicit or secure this contract upon an Agreement or understanding for a commission, percentage, <br />brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or <br />selling agency maintained by the Service Provider for the purpose of securing business. The City of <br />Everett shall have the right, in the event of breach of this clause by the Service Provider, to annul this <br />Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration <br />or otherwise recover the full amount of such commissioner, percentage, brokerage or contingent <br />fee. <br />XVI.Conflict of Interest