Common use of Contingency of Funds Clause in Contracts

Contingency of Funds. CONTRACTOR understands that funding for this CONTRACT is exclusively through imposition of a fee collected by the County Clerk at the time of issuance or filing of marriage license and marriage certificates, pursuant to Government Code Sections 26840.7 and 26840.8; section 18305 of the Welfare and Institutions Code and that portion of the mandatory sentencing statute funds that are set forth in Section 1203.097(5) of the Penal Code batterer’s fees. CONTRACTOR further understands any COUNTY funds to be disbursed, in accordance with this CONTRACT, is based upon projection and estimate. CONTRACTOR agrees that this CONTRACT and COUNTY’s obligation to disburse funds in accordance therewith are subject to both inclusion of sufficient funding in the Budget adopted by COUNTY’s Board of Supervisors for the fiscal year covered by this CONTRACT and actual receipt of such funds by COUNTY. In the event that COUNTY does not appropriate sufficient funds or does not receive that amount which has been appropriated for the Domestic Violence Programs Special Fund, or in the event that experience demonstrates that COUNTY’s projections and estimates of amounts which will be generated by marriage license certificates fees and batterer’s fees are erroneous, CONTRACTOR shall be required, at the option of COUNTY, to renegotiate funding and service levels, or in the alternate, the monthly payments called for in Paragraph 42 may be reduced or adjusted accordingly by COUNTY. Reduction or adjustment of funding, pursuant to this Paragraph 4, shall be made in accordance with the procedures set forth in Paragraph 15, but shall not require a determination that CONTRACTOR has not met activity levels required by this CONTRACT. CONTRACTOR agrees and understands that the COUNTY’s obligations of this CONTRACT are funded primarily thru the COUNTY’s Domestic Violence Programs Special Fund and that said obligation may be funded by COUNTY’s General Fund monies. All contracts awarded as the result of the RFP process are subject to funding fluctuations, as they are based on projections and estimates of amounts which will be generated by marriage license fees and batterer’s fees. In the event that such funding is terminated or reduced, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR’s or CONTRACT MANAGER’s decision.

Contingency of Funds. CONTRACTOR understands acknowledges that funding or portions of funding for this CONTRACT is exclusively through imposition are contingent upon availability of a fee collected Federal, State and/or other funds, as applicable, for the reimbursement of CONTRACTOR’s expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the County Clerk at the time of issuance or filing of marriage license and marriage certificates, pursuant to Government Code Sections 26840.7 and 26840.8; section 18305 of the Welfare and Institutions Code and that portion of the mandatory sentencing statute funds that are set forth in Section 1203.097(5) of the Penal Code batterer’s feesCOUNTY. CONTRACTOR further understands any COUNTY that appropriation and funds to be disbursed, disbursed in accordance with this CONTRACT, is CONTRACT are based on upon projection and estimate. CONTRACTOR agrees that this CONTRACT and COUNTY’s obligation all funds to disburse funds in be disbursed un accordance therewith are subject to both inclusion of sufficient funding in the Budget adopted by COUNTY’s Board of Supervisors for the fiscal year covered by this CONTRACT and actual receipt of such funds by the COUNTY. In the event that the COUNTY does not appropriate sufficient funds for this CONTRACT in any COUNTY Fiscal Year covered by it, or that COUNTY does not receive that the amount which has been is appropriated for the Domestic Violence Programs Special FundDispute Resolution Program, or in the event that experience demonstrates that COUNTY’s projections and estimates of amounts which will be generated by marriage license certificates fees and batterer’s fees received are erroneouserroneous , CONTRACTOR shall be required, at the option of COUNTY, DIRECTOR to renegotiate funding and service levels, or or, in the alternatealternative, the monthly payments called for in Paragraph 42 this CONTRACT may be reduced or adjusted accordingly accordingly. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, CONTRACT MANAGER shall notify CONTRACTOR in writing. Immediately upon receipt of such notice, CONTRACTOR shall modify or cease operations as directed by COUNTYCONTRACT MANAGER. Reduction or adjustment If CONTRACT MANAGER determines that modification of fundingCONTRACTOR’s operations hereunder is preferable to cessation of such operations, pursuant within twenty (20) days of said written notice, CONTRACT MANAGER and County of Orange Orange County Human Relations Council CONTRACTOR shall negotiate necessary modifications to this Paragraph 4, shall be made in accordance with the procedures set forth in Paragraph 15, but shall not require a determination that CONTRACTOR has not met activity levels required by this CONTRACTCONTRACT and/or reimbursement of costs incurred hereunder. CONTRACTOR understands and agrees and understands that the in no event will any of COUNTY’s obligations of under this CONTRACT are be funded primarily thru the COUNTY’s Domestic Violence Programs Special Fund with COUNTY General Funds monies and that said obligation obligations may only be funded by COUNTY’s General Fund monies. All contracts awarded as from, and the result of the RFP process are subject to funding fluctuationsCOUNTY may only resort to, as they are based on projections and estimates of amounts which will be generated by marriage license fees and batterer’s feesits Dispute Resolution Fund. In the event that such funding is terminated or reduced, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR’s or CONTRACT MANAGER’s decision.

Contingency of Funds. CONTRACTOR understands acknowledges that funding or portions of funding for this CONTRACT is exclusively through imposition are contingent upon availability of a fee collected Federal, State and/or other funds, as applicable, for the reimbursement of CONTRACTOR’s expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the County Clerk at the time of issuance or filing of marriage license and marriage certificates, pursuant to Government Code Sections 26840.7 and 26840.8; section 18305 of the Welfare and Institutions Code and that portion of the mandatory sentencing statute funds that are set forth in Section 1203.097(5) of the Penal Code batterer’s feesCOUNTY. CONTRACTOR further understands any COUNTY that appropriation and funds to be disbursed, disbursed in accordance with this CONTRACT, is CONTRACT are based on upon projection and estimate. CONTRACTOR XXXXXXXXXX agrees that this CONTRACT and COUNTY’s obligation all funds to disburse funds in be disbursed un accordance therewith are subject to both inclusion of sufficient funding in the Budget adopted by COUNTY’s Board of Supervisors for the fiscal year covered by this CONTRACT and actual receipt of such funds by the COUNTY. In the event that the COUNTY does not appropriate sufficient funds for this CONTRACT in any COUNTY Fiscal Year covered by it, or that COUNTY does not receive that the amount which has been is appropriated for the Domestic Violence Programs Special FundDispute Resolution Program, or in the event that experience demonstrates that COUNTY’s projections and estimates of amounts which will be generated by marriage license certificates fees and batterer’s fees received are erroneouserroneous , CONTRACTOR shall be required, at the option of COUNTY, DIRECTOR to renegotiate funding and service levels, or or, in the alternatealternative, the monthly payments called for in Paragraph 42 this CONTRACT may be reduced or adjusted accordingly accordingly. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, CONTRACT MANAGER shall notify CONTRACTOR in writing. Immediately upon receipt of such notice, CONTRACTOR shall modify or cease operations as directed by COUNTYCONTRACT MANAGER. Reduction or adjustment If CONTRACT MANAGER determines that modification of fundingCONTRACTOR’s operations hereunder is preferable to cessation of such operations, pursuant within twenty (20) days of said written notice, CONTRACT MANAGER and CONTRACTOR shall negotiate necessary modifications to this Paragraph 4, shall be made in accordance with the procedures set forth in Paragraph 15, but shall not require a determination that CONTRACTOR has not met activity levels required by this CONTRACTCONTRACT and/or reimbursement of costs incurred hereunder. CONTRACTOR understands and agrees and understands that the in no event will any of COUNTY’s obligations of under this CONTRACT are be funded primarily thru the COUNTY’s Domestic Violence Programs Special Fund with COUNTY General Funds monies and that said obligation obligations may only be funded by COUNTY’s General Fund monies. All contracts awarded as from, and the result of the RFP process are subject to funding fluctuationsCOUNTY may only resort to, as they are based on projections and estimates of amounts which will be generated by marriage license fees and batterer’s feesits Dispute Resolution Fund. In the event that such funding is terminated or reduced, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR’s or CONTRACT MANAGER’s decision.

Contingency of Funds. 7 15. CONTRACTOR understands acknowledges that funding the obligations of COUNTY under this Agreement are 8 contingent upon the availability of Federal, State and or other funds, as applicable, for the reimbursement 9 of CONTRACTOR’S expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by Board of Supervisors each fiscal year this CONTRACT is exclusively through imposition of a fee collected by the County Clerk at the time of issuance Agreement remains in effect or filing of marriage license and marriage certificates, pursuant to Government Code Sections 26840.7 and 26840.8; section 18305 of the Welfare and Institutions Code and that portion of the mandatory sentencing statute funds that are set forth in Section 1203.097(5) of the Penal Code batterer’s feesoperation. CONTRACTOR further understands any COUNTY that appropriation and funds to be disbursed, disbursed in accordance with this CONTRACT, is Agreement are based upon projection and estimate. CONTRACTOR agrees that this CONTRACT Agreement and COUNTY’s obligation all funds to disburse funds be disbursed in accordance therewith are subject to both inclusion of sufficient funding in the Budget adopted by COUNTY’s Board of Supervisors for the fiscal year covered by this CONTRACT and actual receipt of such funds by COUNTY. In 13 the event that COUNTY Board of Supervisors does not appropriate sufficient funds for this Agreement in any 14 COUNTY Fiscal Year covered by it, or that COUNTY does not receive that the amount which has been appropriated its Board of 15 Supervisors appropriate for the Domestic Violence Programs Special FundDispute Resolution Program, or in the event that experience demonstrates that COUNTY’s projections and estimates of amounts 16 which will be generated by marriage license certificates fees and batterer’s fees received are erroneous, CONTRACTOR shall be required, at the option of COUNTYDIRECTOR, to 17 renegotiate funding and service levels, or or, in the alternatealternative, the monthly payments called for in Paragraph 42 Section 18 may be 18 reduced or adjusted accordingly accordingly. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, DIRECTOR shall notify CONTRACTOR in writing. Immediately upon receipt of such notice CONTRACTOR shall modify or cease operations as directed by COUNTYDIRECTOR. Reduction or adjustment If DIRECTOR determines that modification of fundingCONTRACTOR’S operations hereunder is preferable to cessation of such operations, pursuant within twenty days of said written notice, DIRECTOR and CONTRACTOR shall negotiate 22 necessary modifications to this Paragraph 4, shall Agreement and/or reimbursement of costs incurred hereunder. 23 CONTRACTOR understands and agrees that in no event will any of COUNTY’S obligations under this 24 Agreement be made in accordance funded with the procedures set forth in Paragraph 15, but shall not require a determination that CONTRACTOR has not met activity levels required by this CONTRACT. CONTRACTOR agrees and understands that the COUNTY’s obligations of this CONTRACT are funded primarily thru the COUNTY’s Domestic Violence Programs Special COUNTY General Fund monies and that said obligation obligations may only be funded by COUNTY’s General Fund monies. All contracts awarded as the result of the RFP process are subject to funding fluctuations25 from, as they are based on projections and estimates of amounts which will be generated by marriage license fees and batterer’s fees. In the event that such funding is terminated or reducedCOUNTY may only resort to, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR’s or CONTRACT MANAGER’s decisionits Dispute Resolution Fund.