Common use of Compliance with All Laws Clause in Contracts

Compliance with All Laws. (A) You must observe and comply with all applicable laws, ordinances, rules, executive orders and regulations of the federal, state, local and city government, which may in any manner affect the performance of this Agreement, all of which will be deemed to be included in this Agreement the same as though written herein in full. You are responsible for ensuring compliance with all applicable laws, rules and regulations, including but not limited to those specifically referenced herein, and for paying when due all Governmental Charges and obtaining all required licenses, certificates and other authorizations. Except where expressly required by applicable laws and regulations, the City shall not be responsible for monitoring your compliance. Notwithstanding anything in this Agreement to the contrary, references to a statute or law are considered to be a reference to (i) the statute or law as it may be amended from time to time; (ii) all regulations and rules pertaining to or promulgated pursuant to the statute or law; and (iii) all future statutes, laws, regulations, rules and executive orders pertaining to the same or similar subject matter. (B) You have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Governmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted in such manner as shall stay the collection of the contested Governmental Charge and prevent the imposition of a lien or the sale or forfeiture of any program facility. No such contest or objection shall be deemed or construed in any way as relieving, modifying or extending your covenants to pay any such Governmental Charge at the time and in the manner provided in this Agreement unless you have given prior written notice to the City of your intent to contest or object to a Governmental Charge and, unless, at the City’s sole option, (i) you shall demonstrate to the City’s satisfaction that legal proceedings instituted by you contesting or objecting to a Governmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of, all or any part of the program facility to satisfy such Governmental Charge prior to final determination of such proceedings; and/or (ii) you shall furnish a good and sufficient bond or other security satisfactory to the City in such form and amounts as the City shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any such sale or forfeiture of the program facility during the pendency of such contest, adequate to pay fully any such contested Governmental Charge and all interest and penalties upon the adverse determination of such contest. AGovernmental Charge@ shall mean all Federal, State, county, City, or other governmental (or any instrumentality, division, agency, body, or department thereof) taxes, levies, assessments, charges, liens, claims or encumbrances relating to you, your operations, the program facility or the Services. (C) If you are delinquent in filing and/or paying any Governmental Charges and/or related returns, the City in its sole discretion may continue to reimburse you for Services provided under this Agreement only if you (i) have entered into an installment payment agreement with the applicable authority, (ii) have delivered to the City a copy of such fully-signed installment payment agreement and (iii) remain in good standing therewith. You may not use funds you receive under this Agreement to discharge outstanding Governmental Charges.

Compliance with All Laws. (A) You must observe and will comply with all applicable laws, ordinances, rules, executive orders and regulations of the federal, state, local and city government, which may in any manner affect the performance of this Agreement, all of which will be deemed to be included in this Agreement the same as though written herein in full. You are responsible for ensuring compliance with all applicable laws, rules and regulations, including including, but not limited to those specifically referenced herein, and for paying when due all Governmental Charges and obtaining all required licenses, certificates and other authorizations. Except where expressly required by applicable laws and regulations, the City shall not be responsible for monitoring your compliance. Notwithstanding anything in You further understand, agree, and acknowledge that a portion of the work under this Agreement will be funded with Federal funds provided to the contrary, references to a statute or law are considered to be a reference to (i) the statute or law as it may be amended from time to time; (ii) all regulations and rules pertaining to or promulgated City pursuant to the statute or law; Recovery Act and (iii) all future statutes, laws, regulations, rules and executive orders pertaining that therefore you must comply with the Recovery Act. You agree to the same or similar subject matter. (B) You have the right before perform any delinquency occurs to contest or object in good faith to the amount or validity of any Governmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted in such manner as shall stay the collection of the contested Governmental Charge and prevent the imposition of a lien or the sale or forfeiture of any program facility. No such contest or objection shall be deemed or construed in any way as relieving, modifying or extending your covenants to pay any such Governmental Charge at the time and in the manner provided in this Agreement unless you have given prior written notice to the City of your intent to contest or object to a Governmental Charge and, unless, at the City’s sole option, (i) you shall demonstrate to the City’s satisfaction obligations that legal proceedings instituted by you contesting or objecting to a Governmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of, all or any part of the program facility to satisfy such Governmental Charge prior to final determination of such proceedings; and/or (ii) you shall furnish a good and sufficient bond or other security satisfactory to the City in such form and amounts as the City shall require, or a good and sufficient undertaking as may be required by the Recovery Act or permitted regulations promulgated thereunder. 22. Section 9.13 of the Agreement, Economic Disclosure Statement and Affidavit, is amended by law adding the following to accomplish the end of the Section: To the best of your knowledge and belief, you, your principals and key project personnel: (a) are not presently declared ineligible or voluntarily excluded from contracting with any Federal or State department or agency; (b) have not within a stay three·year period preceding this Agreement been convicted of any such sale felony; been convicted of a criminal offense in connection with obtaining, attempting to obtain, or forfeiture of the program facility during the pendency of such contest, adequate to pay fully any such contested Governmental Charge and all interest and penalties upon the adverse determination of such contest. AGovernmental Charge@ shall mean all performing a public (Federal, State, countyor local) transaction or contract under a public transaction; had a civil judgment rendered against them for commission of fraud; been found in violation of Federal or State antitrust statutes; or been convicted of embezzlement, Citytheft, larceny, forgery, bribery, falsification or destruction of records, making false statement, or other governmental receiving stolen property; and (c) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any instrumentalityof the offenses enumerated in subparagraph (b) of this certification. Any request for an exception to the provisions of this paragraph must be made in writing, divisionlisting the name of the individual, agencyhome address, bodytype of conviction and date of conviction. 23. Section 9.14 of the Agreement, Conflict of Interest, is amended by adding the following paragraph to the end of this Section: You shall establish safeguards to prohibit officers, directors, agents, employees and family members from using positions of employment for a purpose that is, or department thereof) taxesgives the appearance of, leviesbeing motivated by a desire for a private gain for themselves or others, assessmentsparticularly those with whom they have family business or other ties. Safeguards; evidenced by rules or bylaws, chargesshall be established to prohibit persons from engaging in actions, lienswhich create or which appear to create a conflict of interest as described herein. 24. Article 12 of the Agreement, claims or encumbrances relating to youLiving Wage Ordinance, your operationsis amended by deleting “As of July 1, 2008, the program facility or the Services. (C) If you are delinquent in filing and/or paying any Governmental Charges and/or related returnsBase Wage became $10.60 per hour” and replacing it with “As of July 1, 2009, the City in its sole discretion may continue to reimburse you for Services provided under this Agreement only if you (i) have entered into an installment payment agreement with the applicable authority, (ii) have delivered to the City a copy of such fully-signed installment payment agreement and (iii) remain in good standing therewith. You may not use funds you receive under this Agreement to discharge outstanding Governmental ChargesBase Wage became $11.03 per hour”.

Compliance with All Laws. (Aa) You must observe and Lessee shall at Lessee’ expense comply with all applicable requirements of all governmental authorities, in force either now or in the future, affecting the Premises, and shall faithfully observe in Lessee’s use of the Premises all laws, ordinancesregulations and ordinances of these authorities, rulesin force either now or in the future including, executive orders without limitation, all applicable federal, state and local laws, regulations, and ordinances pertaining to air and water quality, hazardous material, waste disposal, air emission and other environmental matters (including the California Environmental Quality Act (“CEQA”) and its implementing regulations in its use of the federalPremises), state, local and city government, which may in any manner affect the performance of this Agreement, all of which will be deemed to be included in this Agreement the same as though written herein in full. You are responsible for ensuring compliance with all applicable lawsLessor policies, rules and regulations, including but those indicated herein. b) The judgment of a court of competent jurisdiction, or Lessee’ admission in an action or a proceeding against Lessee, whether Lessor be a party to it or not, that Lessee has violated any law or regulation or ordinance in Lessee’s use of the Premises shall be considered conclusive evidence of that fact as between Lessor and Lessee. If Lessee fails to comply with any such law, regulation or ordinance, Lessor reserves the right to take necessary remedial measures at Lessee’s expense, for which Lessee agrees to reimburse Lessor on demand. c) Lessee shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Premises and any improvements by Lessee or its agents, employees, contractors, subLessees, or invitees, except for limited to those specifically referenced quantities of standard office, classroom and janitorial supplies (which shall be used and stored in strict compliance with Environmental Laws). Lessee shall comply with all Environmental Laws. As used herein, and for paying when due all Governmental Charges and obtaining all required licensesthe term "Hazardous Materials" means any hazardous or toxic substance, certificates and other authorizations. Except where expressly required material or waste which is or becomes regulated by applicable laws and regulationsany local governmental authority, the City shall not be responsible for monitoring your complianceState of California or the United States Government. Notwithstanding anything in this Agreement to the contraryThe term "Hazardous Materials" includes, references to a statute without limitation, petroleum products, asbestos, PCB's, and any material or law are considered to be a reference to substance which is (i) defined as hazardous or extremely hazardous pursuant to Title 22 of the statute or law as it may be amended from time to time; California Code of Regulations, Division 4.5, Chapter 11, Article 4, section 66261.30 et seq. (ii) all regulations and rules pertaining to or promulgated defined as a "hazardous waste" pursuant to section (14) of the statute federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. (42 U.S.C. 6903), or law; and (iii) all future statutesdefined as a "hazardous substance" pursuant to section 10 of the Comprehensive Environmental Response, lawsCompensation and Liability Act, regulations42 U.S.C. 9601 et. seq. (42 U.S.C. 9601). As used herein, rules and executive orders pertaining to the same term "Hazardous Materials Law" shall mean any statute, law, ordinance, or similar subject matter. (B) You have the right before any delinquency occurs to contest or object in good faith to the amount or validity regulation of any Governmental Charge by appropriate legal proceedings properly governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and diligently instituted and prosecuted in such manner as shall stay the collection California Department of Health Services) which regulates the contested Governmental Charge and prevent the imposition of a lien use, storage, release or the sale or forfeiture disposal of any program facility. No such contest or objection shall be deemed or construed in any way as relieving, modifying or extending your covenants to pay any such Governmental Charge at the time and in the manner provided in this Agreement unless you have given prior written notice to the City of your intent to contest or object to a Governmental Charge and, unless, at the City’s sole option, (i) you shall demonstrate to the City’s satisfaction that legal proceedings instituted by you contesting or objecting to a Governmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of, all or any part of the program facility to satisfy such Governmental Charge prior to final determination of such proceedings; and/or (ii) you shall furnish a good and sufficient bond or other security satisfactory to the City in such form and amounts as the City shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any such sale or forfeiture of the program facility during the pendency of such contest, adequate to pay fully any such contested Governmental Charge and all interest and penalties upon the adverse determination of such contest. AGovernmental Charge@ shall mean all Federal, State, county, City, or other governmental (or any instrumentality, division, agency, body, or department thereof) taxes, levies, assessments, charges, liens, claims or encumbrances relating to you, your operations, the program facility or the ServicesHazardous Material. (C) If you are delinquent in filing and/or paying any Governmental Charges and/or related returns, the City in its sole discretion may continue to reimburse you for Services provided under this Agreement only if you (i) have entered into an installment payment agreement with the applicable authority, (ii) have delivered to the City a copy of such fully-signed installment payment agreement and (iii) remain in good standing therewith. You may not use funds you receive under this Agreement to discharge outstanding Governmental Charges.

Compliance with All Laws. (A) You must observe The Subrecipient agrees that, during the performance of the work required pursuant to this agreement, the Subrecipient and all employees working under his direction, shall strictly comply with all applicable local, state or federal laws, ordinances, rules, executive orders and rules or regulations controlling or limiting in any way their actions during their said performance of the federalwork required by this Agreement. Furthermore, stateeach and every provision of law, and contractual clause required by law to be inserted in this Agreement shall be deemed to be inserted herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party this Agreement shall be forthwith physically amended to make such insertion or correction. Use of Emergency Solutions Grant amounts must also comply with the requirement that the Subrecipient make known that use of the facilities and services is available to all on a nondiscriminatory basis. If the procedures that the Subrecipient intends to use to make known the availability of the facilities and services are unlikely to reach persons of any particular race, color, religion, sex, actual or perceived sexual orientation, actual or perceived gender identity, actual or perceived marital status, age, national origin, familial status, or disability who may qualify for such facilities and services, the Subrecipient must establish additional procedures that will ensure that such persons are made aware of the facilities and services. Subrecipients must also adopt procedures which will make available to interested persons information concerning the location of services and facilities that are accessible to persons with disabilities. The Subrecipient shall make every effort to employ residents of area, and to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under this agreement. The Subrecipient shall keep a record of the positions that have been created directly as a result of this agreement. All parties agree to be bound by applicable Federal, State and local laws, ordinances, regulations and city government, which may in any manner affect directives as they pertain to the performance of this Agreementagreement. This agreement is subject to and incorporates the terms of the XxXxxxxx-Xxxxx Homeless Assistance Act (42 U.S.C. 11371-11378); 24 CFR, Part 576; U.S. Office of Management and Budget (OMB) Circular 2 CFR Part 200. OMB Circulars referenced in this section are available at the Department of Neighborhood and Business Development, City Hall, 00 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000. The Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR Part 576.57 except that: the Subrecipient does not assume the city environmental responsibilities described at 24 CFR Part 576.57(e) and the city’s responsibility for initiating the review process under Executive Order 12372. The Subrecipient agrees to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this agreement. This agreement is subject to and incorporates the terms of the Xxxxxxx X. XxXxxxxx Homeless Assistance Act of 1987 as amended and 24 CFR Part 84 and CFR Part 85. The Subrecipient shall comply with the current City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided under this agreement. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this agreement. Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this agreement. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. The Subrecipient shall comply with Executive Order 13166, titled “Improving Access to Services by Persons with Limited English Proficiency.” Executive Order 13166 requires that federally assisted agencies make reasonable efforts to provide language assistance to ensure meaningful access for Limit English Proficiency (LEP) persons to the agency’s programs and activities. HUD guidelines on LEP were published in the Federal Register on January 22, 2007, and were effective February 21, 2007. These guidelines should be applied to federally- subsidized housing programs and other services which may be contracted out to other Subrecipients. Subrecipients must comply with the lobbying and disclosure requirements and prohibitions of 42 U.S.C. 3537a and 3545 and 31 U.S.C. 1352 (the Xxxx Amendment), and the implementing regulations at 24 CFR 87 The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be deemed paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in this Agreement the same as though written herein in full. You are responsible award documents for ensuring compliance with all applicable lawssubawards at all tiers (including subcontracts, rules and regulations, including but not limited to those specifically referenced hereinsubgrants, and for paying when due contracts under grants, loans, and cooperative agreements) and that all Governmental Charges Subrecipients shall certify and obtaining all required licenses, certificates and other authorizations. Except where expressly required by applicable laws and regulations, the City shall not be responsible for monitoring your compliance. Notwithstanding anything in this Agreement to the contrary, references to a statute or law are considered to be a reference to (i) the statute or law as it may be amended from time to time; (ii) all regulations and rules pertaining to or promulgated pursuant to the statute or law; and (iii) all future statutes, laws, regulations, rules and executive orders pertaining to the same or similar subject matter. (B) You have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Governmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted in such manner as shall stay the collection of the contested Governmental Charge and prevent the imposition of a lien or the sale or forfeiture of any program facility. No such contest or objection shall be deemed or construed in any way as relieving, modifying or extending your covenants to pay any such Governmental Charge at the time and in the manner provided in this Agreement unless you have given prior written notice to the City of your intent to contest or object to a Governmental Charge and, unless, at the City’s sole option, (i) you shall demonstrate to the City’s satisfaction that legal proceedings instituted by you contesting or objecting to a Governmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of, all or any part of the program facility to satisfy such Governmental Charge prior to final determination of such proceedings; and/or (ii) you shall furnish a good and sufficient bond or other security satisfactory to the City in such form and amounts as the City shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any such sale or forfeiture of the program facility during the pendency of such contest, adequate to pay fully any such contested Governmental Charge and all interest and penalties upon the adverse determination of such contest. AGovernmental Charge@ shall mean all Federal, State, county, City, or other governmental (or any instrumentality, division, agency, body, or department thereof) taxes, levies, assessments, charges, liens, claims or encumbrances relating to you, your operations, the program facility or the Services. (C) If you are delinquent in filing and/or paying any Governmental Charges and/or related returns, the City in its sole discretion may continue to reimburse you for Services provided under this Agreement only if you (i) have entered into an installment payment agreement with the applicable authority, (ii) have delivered to the City a copy of such fully-signed installment payment agreement and (iii) remain in good standing therewith. You may not use funds you receive under this Agreement to discharge outstanding Governmental Charges.disclose accordingly: