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Exhibit B - 17 <br />this Agreement. Such fiscal books, records, documents, reports and other data shall be <br />retained in a manner consistent with the "Budgeting, Accounting, Reporting System for <br />Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as <br />issued by the Office of State Auditor, State of Washington. The Subrecipient further agrees <br />that the City shall have the right to monitor and audit the fiscal components of the <br />organization to ensure that actual expenditures remain consistent with the terms of this <br />Agreement. The Subrecipient shall retain all books, records, documents and other material <br />relevant to the Agreement for three (3) years after settlement of this Agreement. The <br />Subrecipient agrees that the City, the U.S. Department of Housing and Urban Development, <br />the Washington State Auditor, or their designees, shall have full access to and right to <br />examine any of said materials at all reasonable times during said period. <br /> <br />B. The Subrecipient 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 /> <br />XV. Covenant Against Contingent Fees <br /> <br />The Subrecipient 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, <br />percentage, brokerage or contingent fee, excepting bona fide employees or bona fide <br />established commercial or selling agency maintained by the Subrecipient for the purpose of <br />securing business. The City shall have the right, in the event of breach of this clause by the <br />Subrecipient, to annul this Agreement without liability or, in its discretion, to deduct from the <br />Agreement price or consideration or otherwise recover the full amount of such commissioner, <br />percentage, brokerage or contingent fee. <br /> <br />XVI. Conflict of Interest <br /> <br />A. In the event this Agreement is terminated because it is determined by the City that <br />gratuities in the form of entertainment, gifts, or otherwise offered or given by the <br />Subrecipient, or agent or representative of the Subrecipient, to any officer or employee of <br />the City, with a view towards securing this Agreement or securing favorable treatment with <br />respect to the awarding or amending or the making of any determinations with respect to <br />this Agreement. <br /> <br />B. The City shall be entitled to pursue the same remedies against Subrecipient as it could <br />pursue in the event of a breach of the Agreement by the Subrecipient. The rights and <br />remedies of the City provided for in this clause shall not be exclusive and are in addition to <br />any other rights and remedies provided by law. <br /> <br />XVII. Nonassignability of Claims <br /> <br />No claim arising under this Agreement shall be transferred or assigned by the Subrecipient <br />without written consent of the City. <br />