|
18. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
<br />19. JURISDICTION -VENUE
<br />This Agreement has been executed and delivered in the State of California and the validity,
<br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
<br />determined and governed by the laws of the State of California. Both parties further agree that
<br />Orange County, California, shall be the venue for any action or proceeding that may be brought or
<br />arise out of, in connection with or by reason of this Agreement.
<br />20. PROFESSIONAL LICENSES
<br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
<br />and required by the laws and regulations of the United States, the State of California, the City of
<br />Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
<br />in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
<br />exemptions. Said inability shall be cause for termination of this Agreement.
<br />21. FEDERAL REGULATIONS
<br />The Olson Group Ltd. shall comply with all applicable contractual provisions required by
<br />the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200,
<br />whether or not expressly set forth in this document, including but not limited to those provisions
<br />set forth below. Notwithstanding, anything to the contrary herein, including without limitation ,
<br />the language in this Agreement, the actual language contained in federal statutes, federal
<br />regulations, federally promulgated materials and state statutes, shall control in determining any
<br />obligations under federal law in the event of a conflict with any terms, language or provisions
<br />contained in this Agreement. The Olson Group Ltd. shall not perform any act, fail to perform any
<br />act, or refuse to comply with any requests, which would cause City to be in violation of the federal
<br />terms and conditions.
<br />a. Federal Regulations —Recipient must comply with the government cost principles, uniform
<br />administrative requirements and audit requirements for federal grant program housed within Title
<br />2, Part 180 of the Code of Federal Regulations.
<br />b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2
<br />CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste,
<br />fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings
<br />with the Federal government.
<br />
|