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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due to use of Federal Funds [If applicable]

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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due IF NEEDED_ CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS This attachment is expressly incorporated into the foregoing Agreement/Purchase Order (“Agreement”) between County and Vendor/Contractor/Consultant (referred to use as “Contractor” in this Exhibit). The parties acknowledge that the Agreement is subject to the provisions of Federal Funds [If applicable]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: Default and Remedies. 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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due to use of Federal Funds [If applicable]FEDERALLY-FUNDED PROJECTS This attachment is expressly incorporated into the foregoing agreement (“Agreement”). 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:

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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due to use of Federal Funds [If applicable]CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS This attachment is expressly incorporated into the foregoing agreement (“Agreement”). 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: Equal Employment Opportunity. (applicable if the Agreement is a “federally assisted construction project” in excess of $10,000) During the performance of this Agreement, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Compliance with the Xxxxx-Xxxxx Act and the Xxxxxxxx “Anti-Kickback" Act. (applies to prime construction Agreements in excess of $2,000) Contractor shall comply with 40 U.S.C. 3141-3144 and 40 U.S.C. 3146-3148, as supplemented by 29 C.F.R. pt. 5. 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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due to use of Federal Funds [If applicable]Requirements

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 BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY By: Chair DATE Attest: Deputy Clerk CONTRACTOR By: Signature DATE Printed Name: EXHIBIT A The scope of work should include at a minimum: 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. Description of the performance standards the contract is required to meet, if any Timetable for when performance and/or goods are due, including any milestone deadlines Description of operational requirements of the Contractor’s work, such as location (if location is material), personnel requirements, testing and acceptance criteria if applicable, and other general requirements of Contractor Description of any contingencies on the Contractor’s performance The County’s Proposal/Solicitation and the Contractor’s Response should NOT serve as the Scope of Work by reference. The Proposal and Response likely will include a significant amount of excess information, so incorporating the entire Proposal and Response creates duplication and inconsistencies. The best practice is to pull from the Proposal and Response the specific obligations and requirements that form the Scope of Work. EXHIBIT B Price Schedule and Payment Terms EXHIBIT C Insurance Requirements EXHIBIT D Additional Contract Provisions Due D_ CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS This attachment is expressly incorporated into the foregoing Agreement/Purchase Order (“Agreement”) between County and Vendor/Contractor/Consultant (referred to use as “Contractor” in this Exhibit). The parties acknowledge that the Agreement is subject to the provisions of Federal Funds [If applicable]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: Default and Remedies. 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.