Common use of Use of Federal Money Clause in Contracts

Use of Federal Money. Federal monies are being used to fund all or a portion of the Work, and therefore all contract provisions set forth in Exhibit D, attached hereto, are fully incorporated into this Agreement. ADDITIONAL PROVISIONS By: Chair DATE Attest: Deputy Clerk By: Signature DATE Printed Name: Description of the goods to be delivered, services to be performed, and any other obligations of the parties. The description needs enough detail for a 3rd party without prior knowledge of the project to easily understand and determine what each party is obligated to do and if they have successfully done it. IF NEEDED_ This attachment is expressly incorporated into the foregoing Agreement/Purchase Order (“Agreement”) between County and Vendor/Contractor/Consultant (referred to as “Contractor” in this Exhibit). The parties acknowledge that the Agreement is subject to the provisions of 2 C.F.R. Part 200 for projects funded in whole or in part by federal funds and the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for projects resulting from Declared Presidential Disasters. The following provisions are incorporated into the Agreement: Contractor’s failure to fulfill in a timely and proper manner its obligations under this Agreement, or Contractor’s violation of any of the covenants, agreements, or stipulations of the Agreement, shall constitute an Event of Default under this Agreement. The following shall also constitute an Event of Default: Contractor (a) is generally not paying its debts as they become due; (b) files or consents by answer or otherwise to the filing against it of a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; (c) makes an assignment for the benefit of its creditors; (d) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Contractor or of any substantial part of Contractor’s property; or (e) takes action for the purpose of any of the foregoing. A court or government authority enters an order (a) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Contractor or with respect to any substantial part of Contractor’s property; (b) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; or (c) ordering the dissolution, winding-up or liquidation of Contractor. On or after any Event of Default, County shall have the right to exercise its legal and equitable remedies, including without limitation, the right to terminate the Agreement or seek specific performance of all or any part of the Agreement. In addition, County shall have the right, but no obligation, to cure or cause to be cured any Event of Default on behalf of the Contractor; and in such event Contractor shall pay to County on demand all costs and expenses incurred by County in effecting such cure. County shall have the right to offset from any amounts due to Contractor under the Agreement or any other agreement between County and Contractor all damages, losses, costs and expenses incurred by County as a result of such Event of Default, including reasonable attorney fees and costs. In the event County elects to terminate the Contact on or after any Event of Default, any such termination will be made by giving Contractor notice in writing. Termination will be effective immediately unless otherwise specified in the notice of termination. In such an event, all finished or unfinished work, documents, data, studies, and reports by Contractor under the Agreement shall, at the option of County become its property. Subject to offset as set forth above, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the effective date of termination. If, after termination for any Event of Default, it is determined that Contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for convenience of County as set forth below.

Use of Federal Money. Federal monies are being used to fund all or a portion of the Work, and therefore all contract provisions set forth in Exhibit D, attached hereto, are fully incorporated into this Agreement. ADDITIONAL PROVISIONS By: Chair DATE Attest: Deputy Clerk By: Signature DATE Printed Name: Description of the goods to be delivered, services to be performed, and any other obligations of the parties. The description needs enough detail for a 3rd party without prior knowledge of the project to easily understand and determine what each party is obligated to do and if they have successfully done it. IF NEEDEDEXHIBIT D_ This attachment is expressly incorporated into the foregoing Agreement/Purchase Order (“Agreement”) between County and Vendor/Contractor/Consultant (referred to as “Contractor” in this Exhibit). The parties acknowledge that the Agreement is subject to the provisions of 2 C.F.R. Part 200 for projects funded in whole or in part by federal funds and the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for projects resulting from Declared Presidential Disasters. The following provisions are incorporated into the Agreement: Contractor’s failure to fulfill in a timely and proper manner its obligations under this Agreement, or Contractor’s violation of any of the covenants, agreements, or stipulations of the Agreement, shall constitute an Event of Default under this Agreement. The following shall also constitute an Event of Default: Contractor (a) is generally not paying its debts as they become due; (b) files or consents by answer or otherwise to the filing against it of a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; (c) makes an assignment for the benefit of its creditors; (d) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Contractor or of any substantial part of Contractor’s property; or (e) takes action for the purpose of any of the foregoing. A court or government authority enters an order (a) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Contractor or with respect to any substantial part of Contractor’s property; (b) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; or (c) ordering the dissolution, winding-up or liquidation of Contractor. On or after any Event of Default, County shall have the right to exercise its legal and equitable remedies, including without limitation, the right to terminate the Agreement or seek specific performance of all or any part of the Agreement. In addition, County shall have the right, but no obligation, to cure or cause to be cured any Event of Default on behalf of the Contractor; and in such event Contractor shall pay to County on demand all costs and expenses incurred by County in effecting such cure. County shall have the right to offset from any amounts due to Contractor under the Agreement or any other agreement between County and Contractor all damages, losses, costs and expenses incurred by County as a result of such Event of Default, including reasonable attorney fees and costs. In the event County elects to terminate the Contact on or after any Event of Default, any such termination will be made by giving Contractor notice in writing. Termination will be effective immediately unless otherwise specified in the notice of termination. In such an event, all finished or unfinished work, documents, data, studies, and reports by Contractor under the Agreement shall, at the option of County become its property. Subject to offset as set forth above, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the effective date of termination. If, after termination for any Event of Default, it is determined that Contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for convenience of County as set forth below.