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mtamr-wade county,!-t. t3V & IZ-71ZU <br /> ARTICLE 47. COUNTY USER ACCESS PROGRAM (UAP) <br /> a) User Access Fee <br /> Pursuant to Section 2-8.10 of the Miami-Dade County Code, this Contract is subject to a user <br /> access fee under the County User Access Program (UAP) in the amount of two percent (2%). All <br /> sales resulting from this Contract, or any contract resulting from the solicitation referenced on the <br /> first page of this Contract, and the utilization of the County Contract price and the terms and <br /> conditions identified herein, are subject to the two percent (2%) UAP. This fee applies to all <br /> Contract usage whether by County Departments or by any other governmental, quasi- <br /> governmental or not-for-profit entity. <br /> The Contractor providing goods or services under this Contract shall invoice the Contract price <br /> and shall accept as payment thereof the Contract price less the 2% UAP as full and complete <br /> payment for the goods and/or services specified on the invoice. The County shall retain the 2% <br /> UAP for use by the County to help defray the cost of the procurement program. Contractor <br /> participation in this invoice reduction portion of the UAP is mandatory. <br /> b) Joint Purchase <br /> Only those entities that have been approved by the County for participation in the County's Joint <br /> Purchase and Entity Revenue Sharing Agreement are eligible to utilize or receive County Contract <br /> pricing and terms and conditions. The County will provide to approved entities a UAP Participant <br /> Validation Number. The Contractor must obtain the participation number from the entity prior to <br /> filling any order placed pursuant to this Section. Contractor participation in this joint purchase <br /> portion of the UAP, however, is voluntary.The Contractor shall notify the ordering entity, in writing, <br /> within three (3) business days of receipt of an order, of a decision to decline the order. <br /> For all ordering entities located outside the geographical boundaries of Miami-Dade County, the <br /> Contractor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" <br /> basis. This allowance shall only be made when expressly authorized by a representative of the <br /> ordering entity prior to shipping the goods. <br /> The County shall have no liability to the Contractor for the cost of any purchase made by an <br /> ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be <br /> placed directly by the ordering entity with the Contractor and shall be paid by the ordering entity <br /> less the 2% UAP. <br /> c) Contractor Compliance <br /> If a Contractor fails to comply with this Article, that Contractor may be considered in default by <br /> the County in accordance with Article 24 of this Contract. <br /> ARTICLE 48. FIRST SOURCE HIRING REFERRAL PROGRAM <br /> Pursuant to Section 2-2113 of the Code of Miami-Dade County, for all contracts for goods and <br /> services, the Contractor, prior to hiring to fill each vacancy arising under a County contract shall <br /> (1)first notify the South Florida Workforce Investment Board ("SFWIB"), the designated Referral <br /> Agency, of the vacancy and list the vacancy with SFWIB according to the Code, and (2) make <br /> good faith efforts as determined by the County to fill a minimum of fifty percent (50%) of its <br /> employment needs under the County contract through the SFWIB. If no suitable candidates can <br /> Page 27 of 57 <br />