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As applicable, Contractor/Proposer/Bidders acknowledges and agrees to provide Living Wage as set forth in Sec. 5-3.2 <br />Living Wage in the City Code of Ordinances. A copy of this Code Section may be obtained online at City of North Miami <br />Beach Code of Ordinance Section 5-3 A copy of the living wages to be paid by the contractor may be obtained online at <br />City of North Miami Beach Code of Ordinance Section 5-3.2 or by contacting the City of North Miami Beach Human <br />Resource Department. <br />If the contract is for both goods and services, it shall apply only to the services portion of such contract. This requirement <br />shall not apply to contracts which are primarily for the sale or leasing of goods. <br />As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. <br />Name: <br />Title: <br />Date: <br />5.11 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS <br /> <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. <br />GENERAL CONDITIONS <br /> <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. <br /> <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. <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. <br /> <br />The CONTRACTOR agrees to include the above clause in each subcontract related in whole or in part with this contract. <br /> <br />3. Equal Employment Opportunity. “During the performance of this contract, the contractor agrees as follows: <br /> <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 /> <br />