Contract.pdf

The City of Fairburn

CONTRACT FOR SERVICES

This CONTRACT made and entered into this _ day of , 2025 by and between the City of Fairburn, (Party of the First Part, hereinafter called the “City”), and _________________

Party of the Second Part, hereinafter called the “Service Provider” or “Contractor”).

NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows:

1. TERMS:

The services to be performed under this Contract shall commence upon the date stated. The contract period for one year with four one-year options to renew.

2. ATTACHMENTS:

The following documents are attached and are specifically incorporated herein by reference;

and, along with this Contract and the General Conditions attached as Exhibit A encompass all the Contract documents:

Exhibit A: Exhibit General Conditions.

Exhibit B: Specifications and Scope RFP-25-014 Exhibit C: Determination of Responsibility.

Exhibit D: Georgia Security and Immigration Compliance Exhibit E: Drug-Free Workplace.

Exhibit F: Purchasing Policy Addendum.

Exhibit G: Affidavit Verifying Status for Public Benefit App

Exhibit H: Bid Documents: References and Subcontractor Form.

Exhibit I: Non-Collusion Affidavit.

Exhibit J: Bid Schedule Exhibit K: Cost Sheet

3. PERFORMANCE:

Service Provider agrees to furnish all skill and labor of every description necessary to carry out perform, perform the services in accordance with the Contract Documents (the “Work”).

4. PRICE:

The City agrees to pay the Service Provider following receipt by the City of a detailed invoice reflecting the actual work performed by the Service Provider, provided, however, the Service Provider guarantee that the maximum price for materials, labor, and expenses, shall be the amount reflected in Exhibit K- Cost Sheet.

5. INDEMNIFICATION AND HOLD HARMLESS:

[See Section 13 of Exhibit A. --- General Conditions]

Service Provider further agrees to protect, defend, indemnify, and hold harmless the CITY, its council members, officers, agents, and employees from and against all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee or subcontract of the Service Provider, as allowed under the law.

6. TERMINATION FOR CAUSE:

The City may terminate this Contract for cause upon ten (10) days prior written notice to the Service Provider of the Service Provider’s default in the performance of any term of this Contract. Such termination shall be without prejudice to any City’s rights or remedies provide by law.

7. TERMINATION FOR CONVENIENCE:

The City may terminate this Contract for its convenience at any time upon 30 days written notice to the Service Provider. In the event of the City’s termination of this Contract for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider who shall itemize each element of performance.

8. TERMINATION FOR FUND APPROPRIATION:

The City may unilaterally terminate this Contract due to lack of funding at any time by written notice to the Service Provider. In the event of the City’s termination of this Contract for fund appropriation, the Service Provider will be paid for those services performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance.

9. CONTRACT NOT TO DISCRIMINATE:

10. During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, color, sex, national origin, age, or disability which does not preclude the applicate or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability which does not preclude the applicant from performing the essential functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each sub-service provider for standard commercial supplies of raw materials.

11. ASSIGNMENT:

The Service Provider shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the City in writing.

12. WAIVER:

A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.

13. SEVERABILITY:

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

14. GOVERNING LAW:

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Fulton. County, Georgia.

15. SMALL AND MINORITY BUSINESSES CLAUSE:

The City of Fairburn, in maintaining its status as a Welcoming City and City of Ethics commissioned a study of its Social Justice, Race, and Equity practices. As a result of the study, recommendations have been made to enhance and improve upon its efforts in providing opportunities to small and minority businesses in procuring goods and services. With respect to openness and transparency, the City of Fairburn encourages all businesses regardless of size and status to engage in the City’s procurement process. The city gives equal attention to all submissions and will work with individual firms to ensure that their questions are answered in a timely basis.

16. MERGER CLAUSE:

The parties agree that the terms of this Contract included the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract.

[Signature page follows]

IN WITNESS WHEREOF, City and Contractor have set their hands and seals hereto as of the day and year indicated next to their signatures.

CONTRACTOR:

Address:

(Contractor), a corporation

City, State, Zip

Date Signed by Contractor:

By: ____________________

______________________, 2025 (Corporate Seal)

CITY:

CITY OF FAIRBURN, a municipality

Address:

City of Fairburn 314 NW Broad Street incorporated in the State of Georgia

Fairburn, GA 30213

Date signed by City:

_________________, 2025

By:

Mario B. Avery, Mayor

Approved as to form: Attest:

Brenda B. James, City Clerk

______________________________ Rory K. Starkey, City Attorney

{SEAL}