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<br /> CONTRACT OR PURCHASE ORDER # _____
<br />City of North Miami Beach
<br />REVISED February 11, 2022
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<br />CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
<br />CONTRACTS UNDER FEDERAL AWARDS
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<br />All purchases for goods, services, construction or repairs to be provided as a result of contract or purchase order, are
<br />funded, in whole or in part, by Federal assistance in the form of grant, sub‐grant, loan or reimbursement either directly to
<br />the CITY as a recipient or as a subrecipient of funding provided from the Federal government to an agency of the State of
<br />Florida or to another pass‐through agency, the following Federal provisions shall apply pursuant to 2 CFR § 200.326 and
<br />2 CFR Part 200, Appendix II, as applicable.
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<br />GENERAL CONDITIONS
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<br />1. No Government Obligation to Third Parties. The CONTRACTOR agrees that, notwithstanding any concurrence by the
<br />Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written
<br />consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to
<br />any obligations or liabilities to the Recipient, CONTRACTOR, or any other party (whether or not a party to that contract)
<br />pertaining to any matter resulting from the underlying Contract. The CONTRACTOR agrees to include the above clause
<br />in each subcontract related in whole or in part with this contract.
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<br />2. Termination for Convenience or Default. If this solicitation is valued at $10,000 or greater (with the exception of
<br />contracts with nonprofit organizations and institutions of higher education, for which the applicable threshold is
<br />$100,000), the CITY may terminate the contract, in whole or in part, at any time by written notice to the CONTRACTOR
<br />when it is in the Government’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out
<br />costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its
<br />termination claim to the CITY. If the CONTRACTOR has any property in its possession belonging to the CITY, the
<br />CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs.
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<br />If the CONTRACTOR fails to deliver supplies or to perform the services within the time specified in the contract or any
<br />extension, or if the CONTRACTOR fails to comply with any other provisions of the contract, the CITY may terminate
<br />the contract for default. The CITY shall terminate the contract by default by delivering to the CONTRACTOR a Notice
<br />of Termination specifying the nature of the default. The CONTRACTOR will only be paid the contract price for supplies
<br />delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
<br />If the contract is terminated while the CONTRACTOR has possession of CITY-owned goods, the CONTRACTOR shall,
<br />upon direction of the CITY’s contract administrator, protect and preserve the goods until surrendered to the CITY or its
<br />agent. The CONTRACTOR and the CITY shall agree on payment for the preservation and protection of goods. Failure
<br />to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract
<br />obligations, it is determined that the CONTRACTOR was not in default, the rights and obligations of the parties shall be
<br />the same as if the termination had been issued for the convenience of the CITY.
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<br />The CONTRACTOR agrees to include the above clause in each subcontract related in whole or in part with this contract.
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<br />3. Equal Employment Opportunity. “During the performance of this contract, the contractor agrees as follows:
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<br />(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
<br />religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to
<br />ensure that applicants are employed, and that employees are treated during employment without regard to their
<br />race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be
<br />limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
<br />or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
<br />contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to
<br />be provided setting forth the provisions of this nondiscrimination clause.
<br />(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
<br />state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
<br />sex, sexual orientation, gender identity, or national origin.
<br />(c) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
<br />employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of
<br />the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
<br />employee who has access to the compensation information of other employees or applicants as a part of such
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