RFP 24_001 City of Fairburn Impact Fee Study.pdf

REQUEST FOR PROPOSAL

CITY OF FAIRBURN

RFP 24-001 IMPACT FEE STUDY

Pre-Proposal Conference

The City of Fairburn will hold a pre-proposal conference on Wednesday, November 8, 2023, at 10:00 am with the location will be held by “Microsoft Teams”.

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The City of Fairburn invites qualified firms and individuals to submit proposals for the Impact Fee Study.

Proposals are to be emailed to purchasing@fairburn.com with the Request for Proposal number (RFP 24-001) and Company Name. Proposals will be received until 2:30 P.M.

local time on Thursday November 30, 2023. Any proposal received after this date and time will not be accepted. Proposals will be opened and only the names of submitting firms will be read. Proposals are legal and binding upon the bidder when submitted. The fee schedule must be submitted by email separately from your technical proposal. Do not place your cost in your technical proposal.

Questions regarding proposals should be directed to Tyra Little, Purchasing Manager, at tlittle@fairburn.com no later than 4:00 P.M. on November 10, 2023.

The written proposal documents supersede any verbal or written prior communications between the parties.

Only the names of the proposers submitting will be given on the due date stated above.

Selection criteria are outlined in the request for proposal documents. The City of

Fairburn reserves the right to reject any or all proposals to waive technicalities, and to make an award deemed in its best interest.

Award notification will be sent to companies submitting a proposal via email.

We look forward to your proposal and appreciate your interest in the City of

Fairburn.

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IMPACT FEE STUDY

The City of Fairburn, Georgia will receive emai l e d proposals from qualified firms for services.

until 2:30 p.m. on Thursday, November 30, 2023. The city is seeking the services of a firm, partnership, joint venture, or team to produce an impact fee study and to set fees for an impact fee program in 2023 for the City of Fairburn, Georgia.

Any questions and/or misunderstandings that may arise from this proposal should be submitted, in writing, and forwarded to the Purchasing Manager prior to the pre-proposal conference. Answers to such questions that materially change the conditions and specifications of this request for proposal will be sent to all attendees as an addendum.

Any discussions or documents will be considered non-binding unless incorporated in an addendum.

When addenda are required, the proposal opening date may be extended.

The City of Fairburn anticipates making a single award. Such an award, if any, is projected to be accomplished within sixty (60) days from the proposal deadline. A qualifications-based selection process will be used. Evaluation of proposals will be based on the following criteria:

1. Staffing capacity and experience on similar projects. (25 points)

2. Availability to perform the work outlined in the scope of services, preliminary designation of available expertise to tasks, and preliminary work program and schedule.

(20 points)

3. Understanding of the project. (25 points)

4. Experience which indicates an ability to work collaboratively and communicate well with and facilitate consensus among a variety of government, neighborhood, and business interests.

(25 points)

5. Overall financial stability of the firm as determined by financial information required by the

RFP and/or from other sources. (5 points)

Responses to this Request for Proposals (RFP) shall include technical and fee proposals along with all other information requested in this RFP by email. The fees shall be the full cost to the City of Fairburn.

Submittal of a proposal indicates acceptance of the conditions contained in the RFP. The City of

Fairburn reserves the right to retain all proposals submitted. All proposals are public records to the extent required by the Georgia Open Records Act. The City of Fairburn reserves the right to accept or reject any or all proposals, to waive informalities, to negotiate changes in the scope of work or services to be provided and to otherwise waive any technicalities.

SCOPE OF WORK

The City of Fairburn is currently accepting proposals for an Impact Fee Study. The study would establish an impact fee program including fees for the City to use beginning in 2024.

DELIVERABLES:

1) A qualified consultant shall deliver an impact fee study that is consistent with the

Georgia Development Impact Fee Act of 1990.

2) Analysis of services to be covered by an impact fee program for:

• A methodology report with population and employment forecasts

• Detailed information regarding inventory of current eligible facilities and level of service

• Detailed calculations of the impact costs

• Update and revise impact fee schedule and include impact fee for transportation.

meeting all legal, administrative and DCA requirements.

• Impact fee ordinance to conform to state law requirements.

• Amend and update CIE to conform to DCA requirements for inclusion in City of

Fairburn’s comprehensive plan.

• Implementation handbook for administrative processes (appeals, annual reporting, etc.)

• Installation of computerized fee assessment and collection program that integrates.

with the city software.

• Training sessions for staff.

• Procedure manual with detailed procedures for operation of computerized assessment program.

• Continuing services.

3) Analysis of reductions including appeals, reduced fees, and exemptions.

4) Guidance on program administration including:

a. Guidance on establishing a five- t o - t e n - m e m b e r advisory committee for the impact fee program; and

b. Guidance on staffing to administer the program; and

c. Costs of administering the program.

5) Guidance on creating and adopting a Capital Improvements Element (CIE) within the

Comprehensive Plan including:

a. Preparation; and

b. Steps for creating the CIE; and

c. Steps for adopting the CIE: and

d. A description of required updates of the CIE.

6) Draft impact fee ordinance

a. Draft material that the city can use to create and adopt an impact fee program ordinance.

7) A written assessment of how an impact fee program in Fairburn could assist in meeting financial needs either directly or indirectly for the City’s affordable housing goals.

INSTRUCTIONS

1. Intent: It is intended that these Instructions and the Schedules and Specifications shall define and describe the complete services to be provided.

2. Examination: Firms are advised to examine all documents and current descriptions of the services to become fully informed as to their conditions. This includes conformity with specific standards and the character, quality and quantity of the services provided. Failure to examine these areas will not relieve the consultant of its obligation to furnish all products and services necessary to carry out the provisions of the contract.

3. Selection of Consultant: The contract will be awarded to the firm or team that in the City’s opinion is the most responsive and responsible according to the criteria provided in this RFP.

4. Responsiveness: The City will consider the degree to which each firm has submitted a complete proposal without irregularities, exclusions, special conditions, or alternative proposals for any item unless specifically requested in the RFP.

5. Submission of Proposals: It is the firm’s responsibility to have its proposal emailed to the Purchasing

Manager by the deadline for submission. Proposals received after the deadline will remain unopened and will not be considered. The following address should on the subject line of the email:

City of Fairburn

RFP 24-001 Impact Fee Study

CONTACT

Should a consultant have any questions, please contact Tyra Little, Purchasing Manager, at

770-964-2244 or tlittle@fairburn.com.

mailto:tlittle@fairburn.com

SCHEDULE

Activity Estimated Date

FEES

Firms will consider all costs (labor, material, overhead, administration, profit, travel, etc.) associated with providing the services listed in the scope of work. The City anticipates ordering all tasks;

however, it reserves the right to modify the tasks described.

Proposed fees should be listed by task as well as a total for all tasks. The City of Fairburn reserves the right to request a specific breakdown of item costs within each task. Costs shall be inclusive, with printing, copying, postage, deliveries, travel, and all other categories included. Proposed costs should be itemized to show the number of hours of direct labor for each task.

The cost proposal must be emailed separately from your technical proposal. It can be sent in the same email as your proposal.

TECHNICAL AND FEE PROPOSALS

INTRODUCTION

Overview. Firms should provide detailed information to demonstrate their understanding of the services requested.

Documents. Proposals should be limited to no more than twenty (20) single sided pages and should be in an 8½" x 11" format. An original shall be signed in “Blue Ink” and submitted by email. Please submit proposals in PDF file format. Proposals shall include the forms provided in the RFP.

All proposals and supporting documents will be submitted in accordance with the “Instructions”

Section.

QUALIFICATIONS

Firms responding to this RFP must have been engaged in urban and regional planning, fiscal impact, or management services for at least five years.

References: Firms shall provide references for three similar assignments from other municipalities within the past ten years.

Insurance: Firms shall carry a minimum of Two Million Dollars ($2,000,000) professional liability policy to protect the City in case of negligent errors, acts or/and omissions of the firm. Please refer to the Sample Agreement for complete insurance requirements.

TECHNICAL APPROACH

Methodology: Explain the methodology you propose to successfully perform the services outlined in the scope of works.

Schedule: Include in your proposal a project schedule indicating key milestones related to the firm’s methodology.

FIRM EXPERIENCE

Projects. In this section, the firm shall provide a detailed description of two similar assignments, on behalf of local governments or similar clients.

• Client name

• Contact person

• Telephone and fax numbers, email address

• Brief description of the projects, their costs and services provided on each.

• Describe in detail whether project was/was not completed on time, within budget, and adopted by the client.

• Copy or working web link to plan.

Company Capabilities. The firm shall provide a description of its limitations relative to facilities, staff personnel, on-going projects/contracts, etc. Specifically, what priority it intends to place on this project and how it intends to “staff up” if necessary, should it be chosen as the consultant.

Company Primary Business. Provide the firm’s primary business interest and/or operations including organization and affiliations.

Company Information. Provide the following:

• List firm name, address, telephone number, fax number, and email address.

• Name of firm’s primary contact person(s) and telephone number(s).

• List firm’s total number of employees, by discipline.

• List year firm was established.

• List amount of professional liability (errors & omissions) insurance carried.

PERSONNEL EXPERIENCE

Project Team Information

Organizational Chart. Show an organizational chart for this project.

Personnel. Include resumes of proposed personnel showing education, qualifications, and experience.

Provide a statement that a person assigned to a specific project will remain with that project until completed. The City will permit substitution only after it has given written approval and reserves the right to reject or accept any substitution in personnel proposed during the project.

FEE PROPOSAL

Reasonableness. Fee Proposals will be evaluated for completeness and reasonableness as they relate to the technical proposal.

Best Value. The Fee Proposal is important. However, it will not be the determining factor in the selection process. It is not the intent of the city to limit innovative solutions by budget constraints, but rather to determine which proposal has the potential of providing the best value for the services required.

SUPPLEMENTAL INFORMATION

Provide a statement explaining any exceptions taken to this RFP. In every case, the city will assume compliance unless a specific exception is taken.

EVALUATION FACTORS

The city will evaluate the proposals based on technical merit. It is the intent of the city to choose the firm whose proposal provides the best value to the city. The City reserves the right to waive any irregularities, reject any and/or all proposals, in whole or in part, when, in the City’s opinion, such rejection is in the best interests of the City.

Consultant firms or teams are expected to represent the diversity of the community. Such diversity should be reflected in aspects such as ownership, professional personnel, consultants, and staff.

Evidence of such diversity should be part of the submittal.

Oral Presentations and Interviews. Following the evaluation of the proposals, the Evaluation Team may request a limited number of firms to make oral presentations and/or be interviewed. If a determination is made that presentations are necessary, the presentations will take place in the City of Fairburn at a mutually acceptable date and time. At present, it is expected that presentations will take place during the month of January 2024, or earlier.

Negotiations. Following any presentations, the finalists shall be re-evaluated. The city may negotiate with the firm whose proposal is determined to be most advantageous to the city. If negotiations with the selected firm fail, negotiations shall be initiated with additional firms until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract.

Agreement. If the negotiation produces mutual agreement, the draft agreement included with the

RFP shall be completed and forwarded to the firm for execution. The draft agreement format will be the only acceptable document for execution.

As described in the draft agreement, the successful firm and its subcontractors must comply with the agreement’s prohibitions against conflicts of interest and contingent fees. The successful firm shall require each of its subcontractors to comply with all applicable terms of the agreement.

The City reserves the right to accept a proposal, as submitted, and enter directly into a contractual agreement with that selected firm. Accordingly, it is imperative that all submittals contain both the best technical and fee proposals in their initial submission.

Reservations. Submittal of a proposal indicates acceptance of the conditions contained in this request.

The City of Fairburn reserves the right to retain all proposals submitted. All proposals are public record to the extent required by the Georgia Open Records Act.

The City of Fairburn reserves the right to accept or reject any or all proposals. The City of Fairburn reserves the right to waive informalities and negotiate changes in the scope of work or services to be provided and to otherwise waive any technicalities.

LEGAL AND CHARACTER QUALIFICATIONS

Claims and Lawsuits. Is your firm involved in any pending claims or lawsuits? If so, please describe.

AFFIDAVIT

This proposal is submitted to the City of Fairburn, Georgia (the city) by the undersigned who is an authorized officer of the firm and said firm is licensed to do business in Georgia. Further, the undersigned is authorized to make these assurances and certify their validity. The firm recognizes that all assurances and representations herein are binding on the firm and failure to adhere to any of these commitments, at the City's option, may result in a revocation of the agreement.

Consent is hereby given to the City to contact any person or organization to make inquiries into the legal, character, technical, financial, and other qualifications of the firm.

The firm understands that, at such a time as the city decides to review this proposal, additional information may be requested. Failure to supply any requested information within a reasonable time may result in the rejection of the firm's proposal with no re- submittal rights.

The firm understands that the City, after considering the legal, financial, technical, and character qualifications of the firm, as well as what in the City's judgment may best serve the public interest of its citizens and employees, may grant a contract.

The firm understands that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same, and is in all respects fair and without collusion or fraud. It understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Any agreement issued will be based on the firm’s service and financial plans and arrangements are feasible and adequate to fulfill the conditions set forth in this project and the firm’s response.

Company Name:

Authorized Person: Signature:

(Print/Type)

Title: Date:

Address:

Telephone: Fax:

Email:

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor(s) Name: ___________________________________________

By executing this affidavit, the undersigned person or entity verifies its compliance with

O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10- 91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Fairburn within five (5) business days after any subcontractor(s) is/are retained to perform such service.

E Verify TM Company Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Name of Person or Entity)

SUBSCRIBED AND

SWORN BEFORE ME ON

THIS THE

DAY OF , 20_

[NOTARY SEAL]

Notary Public

My Commission Expires:

* Or any subsequent replacement operated by the United States Department of Homeland Security, or any equivalent federal work authorization program operated by the United States Department of

Homeland Security to verify information of newly hired employees, pursuant to the Immigration

Reform and Control Act of 1986 (IRCA), P.L. 99-60

DRUG-FREE WORKPLACE

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the

Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that:

(1) A drug-free workplace will be provided for the Service Provider’s employees during the performance of the Contract; and

(2) Each Service Provider who hires a subcontractor to work in a drug-free workplace shall secure from the subcontractor the following written certification:

“As part of the subcontracting agreement with (Service Provider), (subcontractor) certifies to the Service

Provider that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph (7) of the subsection (b) of Code Section

50-24-03.”

Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

Company Name

BY: Authorized Officer or Agent Date (Service Provider Signature)

Title of Authorized Officer or Agent of Service Provider

Printed Name of Authorized Officer or Agent

Non-Collusion Affidavit

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation, or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding.

He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND

INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE

TRUE AND CORRECT.

Dated this ________________________________ day of _____, ______.

Name of Organization

Authorized Signature

Print Name

RFP Number _____________________

State of _________________

County of ____________________

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to me this _________ day of ___________________.

Notary Public Signature

My Commission Expires: ____________________________________.

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into this date of ______________________by and between (COMPANY NAME, a (Corp, LLC) Company “Contractor") and THE CITY OF FAIRBURN, a municipality incorporated in the

State of Georgia ("City").

Recitals:

A. The city desires to secure professional services for under the Request for Proposal

#24-XXX (the "Project").

B. The City has selected Contractor to perform certain Professional Services in connection with the Project, as more specifically set forth below.

C. The City and Contractor desire to enter into this Agreement to set forth the terms and conditions of the services to be provided by Contractor.

D. The City has established the necessary funding for the project through a combination of local, state, and federal funds.

NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

Recitals. The foregoing recitals are true and correct and incorporated herein.

Attachments: The following documents are attached and are incorporated herein by reference:

Exhibit A: Consultant Proposal

Exhibit B: Scope of Services RFP #24-XXX (referenced herein)

Exhibit C: Drug-Free Workplace Certification

Exhibit D: Georgia Security and Immigration Compliance Act Affidavit

Exhibit E: Non-Collusion Affidavit

Exhibit F: Final Proposal Cost

Services by Contractor. Contractor shall perform the following services as directed by the

City, or its designee, and in compliance with requirements of the City’s Request for Proposals RFP

#24-XXX: (Name) (the “RFP”):

(a) Professional Services indicated in the RFP (Exhibit B).

(b) Compile or provide the necessary database of information to complete the scope of work.

(c) Keep the City, or its appointee, informed and apprised as to the status of progress by way of regular status reports.

(d) Coordinate with the City staff and any stakeholders in the performance of all of Contractor's services.

(e) Prepare and maintain files and records in compliance with requirements of the

City and Georgia Open Records Act.

Contractor's Compensation. For the services to be performed by Contractor described in

Section 3 hereof, Contractor will be compensated by the city as outlined in Exhibit F – Cost Proposal.

Payments will be due as follows:

(a) Payment for services rendered will be invoiced monthly and due 30 days after receipt by the city.

(b) Payment for reimbursable and hourly expenses may be invoiced on demand and will be due 30 days after receipt by the city.

(c) All invoices must be sent to finance@fairburn.com. You may choose to receive payment by ACH.

No expenses of the Contractor shall be reimbursable by the City unless approved in advance in writing by the City. Any additional services, not enumerated in this Agreement or its attachments, which might be required will be outside the scope of this agreement unless mutually agreed by City and Contractor.

Contractor's Duties. Contractor shall perform all services required hereunder in a professional manner, adhering to the requirements of Georgia law and standard policies and procedures. The contractor shall be solely responsible for obtaining and maintaining all licenses, if any, required under applicable laws, rules, and ordinances necessary for the performance of its services described herein.

The contractor shall keep the City and its project manager informed (on at least a weekly basis through informal meetings and correspondence) as to the status of the Project.

1.1 Contractor Personnel. The contractor acknowledges that the City selected the

Contractor for the Project because of the knowledge and experience of Contractor's personnel.

Contractor agrees that it shall use experienced and qualified individuals for the performance of each of Contractor's duties and obligations hereunder.

City's Responsibilities. The City and its agents shall endeavor to perform the following in a timely manner in order to facilitate Contractor's performance of its services required hereunder:

(a) Furnish plans, surveys, and/or plats of the parcels of property or studies in its possession needed for the Project.

(b) Coordinate with the Contractor in establishing a working relationship with the local government agencies and stakeholders.

mailto:finance@fairburn.com

(c) Establish procedures and guidelines for responding quickly to requests for information and documentation.

(d) Coordinate with the Contractor in establishing a management and coordination process to facilitate effective communication and coordination among the City, its agents and professionals, and the Contractor.

Duration and Termination. This Agreement shall remain in effect for an initial term one (1) year from January 1, 2024, through December 31, 2024, and shall terminate absolutely and without further obligation on the part of City at the close of the calendar year in which it is executed. There will be two (2) bi-annual renewals. The City may terminate this Agreement for any reason whatsoever upon ten (10) days advance notice to Contractor; provided, however, in the event that Contractor defaults with respect to any of its obligations hereunder, the City may terminate this Agreement immediately, with or without notice. In the event of such termination by the City, the City shall compensate Contractor for all services performed up to the date of termination, and the City shall have no further liability to Contractor, including without limitation, no liability for lost profits. The contractor shall deliver to the City all "work in progress" including, but not limited to, drafts of documents, contact information and status of negotiations.

Status. Contractor is, as to the City, an independent contractor and is not nor shall Contractor be deemed to be an employee or agent (except as set forth below) of the City for any purpose whatsoever and nothing contained herein shall be deemed to constitute a contract of employment. In furtherance of the foregoing, Contractor acknowledges that: (a) it is not an employee of the City, (b) it will be working for the City on a temporary basis, (c) the City is not responsible for paying to

Contractor or on Contractor's behalf any income tax withholding, unemployment taxes or compensation, workers' compensation premiums or benefits, health insurance premiums or benefits, or any other employment benefits, (d) it is ineligible to participate in, or receive anything from, any

City benefit program. Notwithstanding the foregoing, Contractor shall act in the City's behalf for the specific land acquisition activities related herein and Contractor shall only act on the specific instructions and agreements with the City.

Insurance and Indemnity.

(a) General Liability and Automobile Liability. Contractor shall purchase and maintain in force during the term of the Agreement, at its own cost and expense, to protect the Contractor, the

City, its officials, agents, and employees, from and against all liabilities arising out of or in connection with Contractor’s performance of the Contract work:

(i) Commercial general liability insurance with coverage of not less than FIVE

HUNDRED THOUSAND DOLLARS ($500,000.00) combined single limit per occurrence, and with contractual liability coverage for Service Provider’s covenants to and indemnification of the City under the Contract.

(ii) Automobile liability insurance with policy limits of not less than FIVE

HUNDRED THOUSAND DOLLARS ($500,000.00) combined single limit per accident or occurrence covering each motor vehicle operated on City property.

(b) Professional Liability. Contractor shall purchase and maintain in force during the term of the Agreement Professional Liability insurance which will pay for damages arising out of errors or omissions in the rendering, or failure to render professional services under the Agreement in the amount of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per claim. Such insurance must contain nose and tail coverage to include work performed by the Contractor from the project’s inception date and until such time as the Statue of Limitations has run for the work done on the project.

(c) Indemnification. The contractor shall indemnify, hold harmless and defend the City from all claims, charges, lawsuits, and liabilities arising out of or relating to any act or omission of

Contractor or its agents.

Assignability. The City is entering into this Agreement in reliance upon the qualifications of

Contractor to perform the services herein described. This Agreement may not be delegated or assigned by Contractor and any purported delegation or assignment by Contractor of this Agreement

(or rights hereunder) is void unless Contractor has first obtained the prior written consent of the City which consent may be withheld for any reason or no reason. The City may assign this Agreement, in its discretion, to other local government(s) or state agencies with authority for public right of way issues within its jurisdiction.

Confidentiality. Except as required by law or by court order, Contractor shall not disclose any information related to the negotiations or agreements with Landowners or related to the performance of its services for the City without the prior written consent of the City.

Notices. All notices required or permitted hereunder shall be in writing and shall be served to the parties at the addresses set forth opposite their signatures below. Any such notices shall be either

(a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by facsimile, with written confirmation by a nationally recognized overnight courier sent the same day as the facsimile, in which case notice shall be deemed delivered upon receipt of confirmation transmission of such facsimile notice, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt. Any notice sent by facsimile or personal delivery and delivered after 5:00 p.m. Eastern Standard Time shall be deemed received on the next business day. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address or facsimile number shall be effective until actual receipt of such notice. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

Non-Discrimination. During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability which does not preclude the applicant 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 subservice provider for standard commercial supplies of raw materials.

Miscellaneous. This Agreement shall not be modified or amended except by written instrument signed by each of the parties hereto. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all which counterparts together shall constitute but one and the same instrument. Each provision of this

Agreement is severable from all other provisions of this Agreement. Should any provision of this

Agreement be for any reason unenforceable, the balance shall nonetheless remain in and be of full force and effect, but without giving effect to such unenforceable provision. Time is of the essence hereof. The section headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language hereof.

[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.

Name of Company

Address

City, State, Zip email

Date signed by Contractor:

________________________, 2024

CONTRACTOR:

By: __________________________

Authorized Signatory

[CORPORATE SEAL]

City of Fairburn

56 Malone St., SW

Fairburn, GA 30213

Date signed by City:

________________________, 2024

Approved as to form:

Rory K. Starkey, City Attorney

CITY:

CITY OF FAIRBURN, a municipality incorporated in the State of Georgia

By: ____________________________

Mario B. Avery, Mayor

Attest: ___________________________

Brenda B. James, City Clerk

[SEAL]