Common use of FUNDING AVAILABILITY Clause in Contracts

FUNDING AVAILABILITY. 6.1 On or about December 8, 2020, the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied in accordance with this CONTRACT for fiscal year 2021. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 8, 2020, 2020 the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied services rendered in accordance with this CONTRACT for fiscal year 2021. This amount is equal to or in excess of the contract sum amount of this CONTRACT. 6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & and Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 ninety (90) days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 sixty (60) days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation re-solicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 8, 2020, the The El Paso County Board of County Commissioners Health of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied services rendered in accordance with this CONTRACT for fiscal year 2021. This amount is equal to or in excess of the contract sum amount of this CONTRACT. 6.2 Financial obligations of the COUNTY PUBLIC HEALTH payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY PUBLIC HEALTH shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTYPUBLIC HEALTH. It shall be the CONTRACTOR’S responsibility to provide the COUNTY PUBLIC HEALTH representative (with a copy to the Contracts & and Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 ninety (90) days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY PUBLIC HEALTH of the CONTRACTOR’S requested changes or price adjustments, the COUNTY PUBLIC HEALTH will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTYPUBLIC HEALTH. Negotiations must be completed 60 sixty (60) days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY PUBLIC HEALTH and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 87, 20202022, the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied in accordance with this CONTRACT for fiscal year 20212022. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 A. On or about December 8November 2, 20202004, the Board of County Commissioners voters of El Paso County, Colorado appropriated adequate funds approved a ballot measure for a one (1%) percent sales and use tax to pay for labor certain transportation improvement projects throughout the City of Colorado Springs, Colorado and materials supplied in accordance with this CONTRACT El Paso County, Colorado to be funded from the sales and use tax revenue generated for fiscal year 2021PPRTA projects. This amount is equal to or in excess of the contract sum of this CONTRACTAgreement. On November 6, 2012 the voters of El Paso County, Colorado approved the extension of the portion of the sales and use tax dedicated to funding regional transportation capital improvements projects. This expected revenue from such sales and use tax is expected to be equal to or in excess of the contract sum of this Agreement. 6.2 B. Financial obligations of the COUNTY PPRTA payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT Agreement continue past the current fiscal year, the COUNTY Consultant shall notify CONTRACTOR continue work in the new fiscal year, unless the Consultant is notified by the County or PPRTA in writing that sufficient funds are not available and have not been appropriated for continuance of CONTRACTOR’S the Consultant’s performance under this CONTRACT Agreement into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR The Consultant shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 C. Any renewal extension of this CONTRACT Agreement is contingent upon available funding and satisfactory performance by the CONTRACTORConsultant, as determined by the COUNTYCounty and PPRTA. It shall be the CONTRACTOR’S Consultant’s responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) County and PPRTA all requested CONTRACT Agreement changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT Agreement or CONTRACT renewal the Agreement extension date. After review by the COUNTY County and PPRTA of the CONTRACTOR’S Consultant’s requested changes or price adjustments, the COUNTY County and PPRTA will enter into negotiations with the CONTRACTOR Consultant to determine if the requested contract Agreement changes and/or price adjustments are acceptable to the COUNTYCounty and PPRTA. Negotiations must be completed 60 sixty (60) days prior to expiration of the CONTRACT Agreement or CONTRACT renewal the Agreement extension date. Failure of the COUNTY County, PPRTA and the CONTRACTOR Consultant to agree upon the terms and conditions for the renewal extension may result in resolicitation of the goods or services covered by the original CONTRACTAgreement. Continued performance by the CONTRACTOR Consultant outside of the CONTRACT Agreement term will be at the CONTRACTOR’S Consultant’s risk.

FUNDING AVAILABILITY. 6.1 A. On or about December 8November 2, 20202004, the Board of County Commissioners voters of El Paso County, Colorado appropriated adequate funds approved a ballot measure for a one (1%) percent sales and use tax to pay for labor certain transportation improvement projects throughout the City of Colorado Springs, Colorado and materials supplied in accordance with this CONTRACT El Paso County, Colorado to be funded from the sales and use tax revenue generated for fiscal year 2021PPRTA projects. This amount is equal to or in excess of the contract sum of this CONTRACTAgreement. On November 6, 2012 the voters of El Paso County, Colorado approved the extension of the portion of the sales and use tax dedicated to funding regional transportation capital improvements projects. This expected revenue from such sales and use tax is expected to be equal to or in excess of the contract sum of this Agreement. 6.2 B. Financial obligations of the COUNTY PPRTA payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT Agreement continue past the current fiscal year, the COUNTY Consultant shall notify CONTRACTOR continue work in the new fiscal year, unless the Consultant is notified by the County or PPRTA in writing that sufficient funds are not available and have not been appropriated for continuance of CONTRACTOR’S the Contractor’s performance under this CONTRACT Agreement into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR The Consultant shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 C. Any renewal extension of this CONTRACT Agreement is contingent upon available funding and satisfactory performance by the CONTRACTORContractor, as determined by the COUNTYCounty and PPRTA. It shall be the CONTRACTOR’S Contractor’s responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) County and PPRTA all requested CONTRACT Agreement changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT Agreement or CONTRACT renewal the Agreement extension date. After review by the COUNTY County and PPRTA of the CONTRACTOR’S Contractor’s requested changes or price adjustments, the COUNTY County and PPRTA will enter into negotiations with the CONTRACTOR Consultant to determine if the requested contract Agreement changes and/or price adjustments are acceptable to the COUNTYCounty and PPRTA. Negotiations must be completed 60 sixty (60) days prior to expiration of the CONTRACT Agreement or CONTRACT renewal the Agreement extension date. Failure of the COUNTY County, PPRTA and the CONTRACTOR Consultant to agree upon the terms and conditions for the renewal extension may result in resolicitation of the goods or services covered by the original CONTRACTAgreement. Continued performance by the CONTRACTOR Consultant outside of the CONTRACT Agreement term will be at the CONTRACTOR’S Contractor’s risk.

FUNDING AVAILABILITY. 6.1 On or about December 8November 2, 20202004, the Board of County Commissioners voters of El Paso County, Colorado appropriated adequate funds approved a ballot measure for a one (1%) percent sales tax to pay for labor certain transportation improvement projects throughout the City of Colorado Springs, CO and materials supplied in accordance with this CONTRACT El Paso County, CO to be funded from the sales tax revenue generated for fiscal year 2021the PPRTA projects. On November 6, 2012 the voters of El Paso County, Colorado approved the extension of the portion of the sales tax dedicated to funding regional transportation capital improvements projects. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 Financial obligations of the COUNTY PPRTA payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year, unless CONTRACTOR is notified by the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTYCOUNTY and the PPRTA. It shall be the CONTRACTOR’S responsibility to provide the COUNTY County representative (with a copy to the Contracts & and Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract CONTRACT changes and/or price adjustments are acceptable to the COUNTYCOUNTY and the PPRTA. Negotiations must be completed 60 90 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY COUNTY, the PPRTA and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 8November 29, 20202018, the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied in accordance with this CONTRACT for fiscal year 20212019. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 8109, 202020134, the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied in accordance with this CONTRACT for fiscal year 202120154. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 . Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 . Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 120 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 90 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.

FUNDING AVAILABILITY. 6.1 On or about December 810, 20202019, the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for labor and materials supplied in accordance with this CONTRACT for fiscal year 20212019. This amount is equal to or in excess of the contract sum of this CONTRACT. 6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment. 6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts & Procurement Division) all requested CONTRACT changes and/or price adjustments at least 90 days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed 60 days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in resolicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.