2024-767-OCTS Dept-WSP USA-Raise grant Pre-planning

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UGCCFF – Page 1 of 7 10.06.22-CAO EXHIBIT B Uniform Guidance Contract Clauses for Federal Funding (UGCCFF) (A) Cumulative Nature of These Clauses; Conflicts with Other Clauses. It is intended that the clauses in this document, Uniform Guidance Contract Clauses for Federal Funding (“UGCCFF”), are to be in addition to other clauses in this contract. The clauses in this UGCCFF will control in case of conflict with other clauses in this contract except for those additional clauses, if any, provided in this contract at the direction of the federal awarding agency or pass-through agency; clauses provided by such direction will control over this UGCCFF. A termination for cause clause elsewhere in this contract (not in this UGCCFF) will control over the termination for cause clause in this UGCCFF. (B) Termination. (1) Termination for Cause; Default. Each of the following is included as an example of a default by the contractor under this contract: (i) The contractor made a false statement or omitted information in the proposal or bid, such that if the City had known of its falsity or of the facts before contract award, there would have been a reasonable possibility that the City would not have made the award to the contractor; (ii) The contractor fails to observe or perform one or more of its contractual duties, and the failure continues 15 days after the City gives written notice describing the failure in reasonable detail; however, if failure requires performance that cannot by its nature be completed within such 15-day period, the failure does not constitute a default for purposes of this subsection “ii” as long as the contractor begins curing the failure to perform one or more of its contractual duties before or during the 15-day period and diligently and continuously carries out the cure to completion; (iii) The contractor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent, or files a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy act or any other applicable laws, or seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the contractor, the contractor’s interest in this contract, or of any substantial part of its property; (iv) A proceeding against the contractor seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy act or any other applicable law is not dismissed within 60 days after its commencement; (v) A trustee, receiver, or liquidator of the contractor, the contractor’s interest in this contract, or of any substantial part of its property, is appointed, and the appointment is not vacated or stayed within 30 days; or (vi) A levy under execution or attachment is made against the contractor or any of its property and the execution or attachment is not vacated or removed by court order, bonding, or otherwise within 60 days. (2) Termination for Cause; City’s Remedies on Default. Upon the contractor’s default, the City is entitled to all remedies lawfully available, including all of the following to the extent they are applicable: (i) The City may proceed with remedies available under any performance bond, letter of credit, or other security. (ii) The City may proceed with legal action, including obtaining damages and specific performance. (iii) The City may give written notice stating that the contract or the services of the contractor shall terminate on the date described in such notice. Such termination shall not be deemed DocuSign Envelope ID: 569754E1-D2B6-4DBE-B14F-1579C72E692BDocuSign Envelope ID: 42768609-3F6E-4668-8792-E66DBE7E5727Docusign Envelope ID: E3C82AF9-C0C9-41FF-91F0-20E620FC083F