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4 <br /> D. Gratuities in the form of entertainment, gifts,-or otherwise offered by the Agency or an <br /> agent or representative of the Agency to any officer or employee of the County, with <br /> a view towards securing any Contract or securing favorable treatment with respect to <br /> the awarding, amending, or the making of any determination, will render any Contract <br /> voidable at the option of the County. <br /> E. The County may, by written notice to the Agency, suspend or terminate any Contract <br /> in whole or in part if it is found that any of the following laws, or their successors, have <br /> been violated in obtaining this Agreement or any Contract, or in securing favorable <br /> treatment with respect to the awarding, amending, or the making of any <br /> determinations with respect to this Agreement, any Contract or any Contracts or <br /> Subcontracts entered by the Agency or agencies contracting with the Agency under <br /> authority of this Agreement: <br /> 1. Misconduct of Public Officers, Chapter 42.20 RCW; <br /> 2. Ethics in Public Service, Chapter 42.52 RCW; <br /> 3. Kickbacks from Public Works Employees, 18 U.S.C. § 874. <br /> F. Additionally, the County 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 County 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 COUNTY RIGHTS <br /> The County's failure to insist upon the strict performance of any provision of this <br /> Agreement or any Contract, its failure to exercise any right based upon a breach thereof, <br /> or its 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 County and attached to the original Agreement or <br /> Contract. <br /> Xl. 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 /> Basic Terms and Conditions Agreement <br /> City of Everett <br /> HSD-2018-101-198 <br /> Page 7 of 31 <br /> 32 <br />