§ 2-1291. Responsibilities and rights of parties to contract.

Each city contract for goods or services shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The chief procurement officer, after consultation with the city attorney, shall issue appropriate contract clauses addressing at least the following subjects, to the extent appropriate for the particular contract:

(1)

The unilateral right of the city to order changes in writing to the requirements for goods or services within the general scope of the contract;

(2)

The unilateral right of the city to order in writing a temporary suspension or delay to the provision of goods or services that does not alter the scope of the contract;

(3)

Responsibilities for performance and payment associated with variations occurring between estimated quantities of goods or services in a contract and actual quantities;

(4)

Defective pricing;

(5)

Liquidated damages and service level credits;

(6)

Specified excuses for delay or nonperformance;

(7)

Termination of the contract for default;

(8)

Termination of the contract, in whole or in part, for the convenience of the city;

(9)

Site conditions differing from those indicated in the contract or ordinarily encountered in similar situations; and

(10)

An acknowledgement by all parties contracting with the city as follows:

"Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the City's Council and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning the City's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to the City under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to the City under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to the City in excess of the any contractually authorized goods or services, as required by the City's Charter and Code, the City may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to the City, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to the City, however characterized, including, without limitation, all remedies at law or equity."

This acknowledgement shall be a mandatory provision in all city contracts for goods and services, except revenue producing contracts.

(Ord. No. 2009-78(09-O-1876), § 7, 12-15-09)