Common use of Fund Availability and Annual Appropriation Clause in Contracts

Fund Availability and Annual Appropriation. If this Contract is funded in whole or in part with state and/or federal funds, it is subject to and contingent upon the continuing availability of those funds for the purposes hereof. Financial obligations of the BOCC, payable after the current fiscal year, are contingent not only upon a mutual agreement to renew this Contract as stated in ¶2 but also the budgeting, appropriation and other acts as necessary to make funds available for such renewal. The BOCC represents that it has properly budgeted and appropriated sufficient funds for the performance anticipated during the initial term of this Contract. To the extent this Contract requires performance or actions by the BOCC subsequent to the initial term, such performance or actions are specifically contingent on appropriation of funds to support those activities. If the subject of this Contract is for the design or construction of a public works project, as contemplated by C.R.S. §24-91-103.6, as amended, this section shall constitute notice of phased construction with initial appropriation for the current fiscal and Jamaica ▇▇▇▇▇ Procurement and Contracts Director 11/30/2021 Attachments: A – Scope of Work (Required) B –Contractor’s Additional Terms (Optional) Garfield County invites all qualified companies and individuals to submit a bid for providing road sanding material for two Garfield County Road and Bridge locations. Sanding material must be available for both pick up by Garfield County or delivery by successful bidder(s). The successful bidder(s) pit location must be located no more than 10 miles from the following locations. Sanding material must be available for delivery or pick up beginning January 1, 2022. Storage: Successful bidder(s) are responsible for stockpiling the sanding material in an area easily accessible by Garfield County personnel and will supply the necessary equipment (loader) to load sanding material into Garfield County trucks. Successful bidder will make necessary screen analysis for approval of materials before pick up or delivery of the material. Successful bidder will provide the Garfield County Road and Bridge department a sample of sanding material before a purchase order will be issued. Delivery weight tickets must be submitted to Garfield County Road and Bridge personnel upon delivery of each load. Total quantity to be purchased is unknown, and completely dependent upon winter weather conditions. No minimum or maximum amount is guaranteed. The bid quantity of 5,000 tons is estimated from past years usage. Payment will be made on a monthly basis based on invoices submitted to Garfield County. All weight tickets need to be submitted with the invoices for payment. The road sanding material requested is a state spec blend of sand and chips mixed with 10% Ice Slicer by volume. Road Sanding Material shall conform with the following Gradation Specifications used by CDOT in Garfield County. 3/8 “ 100% #4 60-90% #8 5-60% #16 0-30% #200 0-2%

Fund Availability and Annual Appropriation. If this Contract is funded in whole or in part with state and/or federal funds, it is subject to and contingent upon the continuing availability of those funds for the purposes hereof. Financial obligations of the BOCC, payable after the current fiscal year, are contingent not only upon a mutual agreement to renew this Contract as stated in ¶2 but also the budgeting, appropriation and other acts as necessary to make funds available for such renewal. The BOCC represents that it has properly budgeted and appropriated sufficient funds for the performance anticipated during the initial term of this Contract. To the extent this Contract requires performance or actions by the BOCC subsequent to the initial term, such performance or actions are specifically contingent on appropriation of funds to support those activities. If the subject of this Contract is for the design or construction of a public works project, as contemplated by C.R.S. §24-91-103.6, as amended, this section shall constitute notice of phased construction with initial appropriation for the current fiscal and Jamaica ▇▇▇▇▇ Procurement and Contracts Director 11/30/2021 12/20/2021 Attachments: A – Scope of Work (Required) B –Contractor’s Additional Terms (Optional) Garfield County invites all qualified companies and individuals to submit a bid for providing road sanding material for two Garfield County Road and Bridge locations. Sanding material must be available for both pick up by Garfield County or delivery by successful bidder(s). The successful bidder(s) pit location must be located no more than 10 miles from the following locations. Sanding material must be available for delivery or pick up beginning January 1, 2022. Storage: Successful bidder(s) are responsible for stockpiling the sanding material in an area easily accessible by Garfield County personnel and will supply the necessary equipment (loader) to load sanding material into Garfield County trucks. Successful bidder will make necessary screen analysis for approval In accordance with Article 5.2 of materials before pick up or delivery of the material. Successful bidder will provide the Garfield County Road Procurement Code (“GCPC”), Garfield County is soliciting competitive sealed bids from qualified individuals or companies to provide as needed Bulk Fuel to various Garfield County locations. To be considered, all fuel shall meet or exceed ASTM and Bridge department a sample Federal Specifications as described in this scope of sanding material before a purchase order will be issuedwork. Delivery weight tickets must be submitted All fuel delivered to Garfield County Road shall be blended for high altitude and Bridge personnel seasonally adjusted. All fuel shall meet regional requirements of the State of Colorado Air Quality Commission. Base prices on a fixed margin above/below average Denver Weekly rack price reported by the Oil Price Information Service (OPIS) effective week of November 29, 2021. Bidder’s margin shall remain constant for the entire contract period. Bidder’s margin shall include super fund change. Garfield County is a Tax Exempt organization. The bid prices listed shall be exclusive of Colorado State Tax, Federal Excise Tax, and Motor Vehicle Fuel Tax. Garfield County will provide a tax-exempt certificate upon delivery award. Garfield County purchases approximately One Hundred Thousand (100,000) gallons of unleaded gasoline annually. Unleaded gasoline shall be refinery fuel 87 Octane or higher. Garfield County purchases approximately One Hundred Thirty Thousand (130,000) gallons of diesel fuel annually. Bidder shall supply # 2 clear diesel fuels that meet low sulfur requirements as defined by the E.P.A. A winter blend of 30% No. 1 diesel and 70% No. 2 diesel shall be required for bulk deliveries from November 1 through the end of March each loadyear. Must be clear diesel fuel. Total quantity Quantity to be purchased is unknown, unknown and completely dependent upon winter vehicle usage and weather conditions. No minimum or maximum amount is guaranteed. The bid quantity of 5,000 tons 100,000 gallons of unleaded gasoline & 130,000 gallons of diesel fuel is estimated from past years year’s usage. Payment Following is a list of locations and tank quantities within Garfield County that will require bulk fuel deliveries. All tanks are above ground. Page 1 of 3 Attachment A – Scope of Work Tank locations and tank capacities: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 10,000 Gallons Unleaded 10,000 Gallons Diesel ▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2,000 Gallons Unleaded 6,000 Gallons Diesel ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2,000 Gallons Unleaded 6,000 Gallons Diesel ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Average 1000 Gallons per Year Diesel Fuel for Generator ▇▇▇▇ ▇▇▇▇ ▇▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 6,000 Gallons Unleaded 6,000 Gallons Diesel To be considered, bidders must be primarily engaged in the wholesale distribution of bulk unleaded and diesel fuel, and must have been actively engaged in this business for a period of no less than two continuous years. Garfield County reserves the right to inspect the contractor’s facility and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this agreement. Garfield County reserves the right, at its cost, to have any type of fuel analyzed upon delivery. In the event the fuel does not meet specifications, all testing costs and costs associated with removal of poor quality fuel, and replacement of fuel meeting specifications will be the responsibility of the vendor. Deliveries shall be made on within twenty-four (24) hours after being notified of quantities required. Shipment must arrive at specified destination between the hours of 8:00 A.M. and 3:30 P.M. Monday to Friday. Special after hour or weekend deliveries may be required by Garfield County to allow snow removal and other special operations to proceed. Failure to respond to these after normal hour delivers may result in cancellation of the agreement. Written notice of rack price required with each delivery. All invoices will identify the delivery location, fuel type delivered, number of gallons delivered, unit cost per gallon, extended cost per delivery, and applicable ▇▇▇▇ of lading number. Successful bidder, upon award of a monthly basis based on invoices submitted contract, shall provide the name and telephone of all employees in the vendors’ organization to be contacted in the event of a spill. Bidder must report to Garfield CountyCounty personnel all fuel spills that occur during, or result from bidder’s delivery of fuel. All weight tickets need Spills must be cleaned up within twenty-four (24) hours. Bidder shall be responsible for all costs associated with a fuel spill including but not limited to be submitted with the invoices for payment. The road sanding material requested is a state spec blend of sand lab tests, waste disposal, fines, and chips mixed with 10% Ice Slicer by volume. Road Sanding Material shall conform with the following Gradation Specifications used by CDOT in Garfield County. 3/8 “ 100% #4 60-90% #8 5-60% #16 0-30% #200 0-2%monitoring.