GENERAL TERMS AND CONDITIONS
RFQ 26104-A: Grass Cutting – Lake McIntosh
1. Definitions: The term “contractor” as used in these Terms and Conditions shall be used
synonymously with the term “successful responder.” The term “County” shall mean Fayette
County, Georgia.
2. Quote is Offer to Contract: Each quote constitutes an offer to become legally bound to a
contract with the County, incorporating the request for quote and the responder’s quote. The
binding offer includes compliance with all terms, conditions, special conditions, specifications,
and requirements stated in the request for quote, except to the extent that a responder takes
written exception to such provisions. All such terms, conditions, special conditions,
specifications, and requirements will form the basis of the contract. The responder should
take care to answer all questions and provide all requested information, and to note any
exceptions in the quote submission. Failure to observe any of the instructions or conditions in
this request for quote may result in rejection of the quote.
3. Binding Offer: To allow sufficient time for a contract to be awarded, each quote shall
constitute a firm offer that is binding for ninety (90) days from the received by date until the
date of contract award, unless the responder takes exception to this provision in writing.
4. References: Include with your quote a list of three (3) jobs that your company has done that
are of the same or similar nature to the work described in this request for quote, on the form
provided. Include all information as requested on the form.
5. Preparation Costs: The responder shall bear all costs associated with preparing the quote.
6. More Than One Quote: Do not submit alternate quotes or options, unless requested or
authorized by the County in the request for quote. If a responder submits more than one
quote without being requested or authorized to do so, the County may disqualify the quotes
from that responder, at the County’s option.
7. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in
any quote received. In case of a discrepancy between unit prices and extended prices, the unit
price will govern unless the facts or other considerations indicate another basis for correction
of the discrepancy.
8. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise
specified in the quote. All prices for commodities, supplies, equipment, or other products shall
be quoted FOB Destination, Fayette County or job site.
9. Responder Substitutions: Responders offering substitutions or deviations from specifications
stated in the request for quote, shall list such substitutions or deviations on the “Exceptions to
Specifications” sheet provided, or on a separate sheet to be submitted with the quote. The
absence of such list shall indicate that the responder has taken no exception to the
specifications. The evaluation of quotes and the determination as to equality and acceptability
of products or services offered shall be the responsibility of the County.
10. Non-Collusion: By responding to this request for quote, the responder represents that the
quote is not made in connection with any competing responder, supplier, or service provider
submitting a separate response to this request for quote and is in all respects fair and without
collusion or fraud.
11. Ethics – Disclosure of Relationships: Before a proposed contract in excess of $10,000.00 is
recommended for award to the Board of Commissioners or the County Administrator, or
before the County renews, extends, or otherwise modifies a contract after it has been
awarded, the contractor must disclose certain relationships with any County Commissioner or
County Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter
related by blood, adoption, or marriage (including in-laws). A relationship that must be
reported exists if any of these individuals is a director, officer, partner, or employee, or has a
substantial financial interest the business, as described in Fayette County Ordinance Chapter 2,
Article IV, Division 3 (Code of Ethics).
If such relationship exists between your company and any individual mentioned above,
relevant information must be presented in the form of a written letter to the Director of
Purchasing. You must include the letter with any bid, proposal, or price quote you submit to
the Purchasing Department.
In the event that a contractor fails to comply with this requirement, the County will take action
as appropriate to the situation, which may include actions up to and including rejection of the
bid or offer, cancellation of the contract in question, or debarment or suspension from award
of a County contract for a period of up to three years.
12. Evaluation: Award will be made to the lowest responsive, responsible responder, taking into
consideration payment terms, vendor qualifications and experience, quality, references, any
exceptions listed, and/or other factors deemed relevant in making the award. The County may
make such investigation as it deems necessary to determine the ability of the responder to
perform, and the contractor shall furnish to the County all information and data for this
purpose as the County may request. The County reserves the right to reject any item, any
quote, or all quotes, and to re-solicit for pricing.
13. Payment Terms and Discounts: The County’s standard payment terms are Net 30. Any
deviation from standard payment terms must be specified in the resulting contract, and both
parties must agree on such deviation. Cash discounts offered will be a consideration in
awarding the quote, but only if they give the County at least 15 days from receipt of invoice to
pay. For taking discounts, time will be computed from the date of invoice acceptance by the
County, or the date a correct invoice is received, whichever is the later date. Payment is
deemed made, for the purpose of earning the discount, on the date of the check.
14. Trade Secrets – Internal Use: In submitting a quote, the responder agrees that the County may
reveal any trade secret materials contained in the quote to all County staff and officials
involved in the selection process, and to any outside consultant or other third parties who may
assist in the selection process. The responder agrees to hold harmless the County and each of
its officers, employees, and agents from all costs, damages, and expenses incurred in
connection with refusing to disclose any material which the responder has designated as a
trade secret.
15. Contract Execution & Notice to Proceed: After an award is made, and all required documents
are received by the County, and the contract is fully executed with signature of both parties,
the County will issue a written Notice to Proceed. The County shall not be liable for payment of
any work done or any costs incurred by any responder prior to the County issuing the Notice to
Proceed.
16. Term of Contract: The term of this agreement shall begin July 1, 2026, and continue for a
period of one year through June 30, 2027. Thereafter, this agreement may be renewed by the
County for two additional one-year renewal terms (each a “Renewal Term” and together with
the Initial Term, the “Term”), which renewal will be by letter or other written correspondence
from the County to the contractor ninety (90) days prior to expiration of the Initial Term or the
then-current Renewal Term. If the County fails to provide notice of renewal, this Agreement
will terminate at the end of the Initial Term or the then-current Renewal Term. This agreement
is subject to the multi-year contractual provisions of O.C.G.A. 36-60-13(a).
17. Unavailability of Funds: This contract will terminate immediately and absolutely at such time
as appropriated and otherwise unobligated funds are no longer available to satisfy the
obligations of the County under the contract.
18. Insurance: The contractor shall procure and maintain the following insurance, to be in effect
throughout the term of the contract, in at least the amounts and limits as follows:
a. General Liability Insurance: $1,000,000 combined single limit per occurrence,
including bodily and personal injury, destruction of property, and contractual
liability.
b. Automobile Liability Insurance: $1,000,000 combined single limit each
occurrence, including bodily injury and property damage liability.
c. Worker’s Compensation & Employer’s Liability Insurance:
Compensation as required by Georgia statute.
Workers
Before a contract is executed, the Certificates of Insurance for all required coverage shall be
submitted. The certificate shall list an additional insured as follows:
Fayette County, Georgia
140 Stonewall Avenue West
Fayetteville, GA 30214
19. Unauthorized Performance: The County will not compensate the contractor for work
performed unless the work is authorized under the contract, as initially executed, or as
amended.
20. Assignment of Contract: Assignment of any contract resulting from this request for quotes will
not be authorized, except with express written authorization from the County.
21. Indemnification: The contractor shall indemnify and save the County and all its officers,
agents, and employees harmless from all suits, actions, or other claims of any character, name
and description brought for or on account of any damages, losses, or expenses to the extent
caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of
the contractor or other persons employed or utilized by the contractor in the performance of
the contract. The contractor shall pay any judgment with cost which may be obtained against
the County growing out of such damages, losses, or expenses.
22. Severability: The invalidity of one or more of the phrases, sentences, clauses, or sections
contained in the contract shall not affect the validity of the remaining portion of the contract.
If any provision of the contract is held to be unenforceable, then both parties shall be relieved
of all obligations arising under such provision to the extent that the provision is unenforceable.
In such case, the contract shall be deemed amended to the extent necessary to make it
enforceable while preserving its intent.
23. Delivery Failures: If the contractor fails to deliver contracted goods or services within the time
specified in the contract or fails to replace rejected items in a timely manner, the County shall
have authority to make open-market purchases of comparable goods or services. The County
shall have the right to invoice the contractor for any excess expenses incurred or deduct such
amount from monies owed the contractor. Such purchases shall be deducted from contracted
quantities.
24. Termination for Cause: The County may terminate the contract for cause by sending written
notice to the contractor of the contractor’s default in the performance of any term of this
agreement. Termination shall be without prejudice to any of the County’s rights or remedies
by law.
25. Termination for Convenience: The County may terminate the contract for its convenience at
any time with 10 days’ written notice to the contractor. In the event of termination for
convenience, the County will pay the contractor for services performed. The County will
compensate partially completed performance based upon a signed statement of completion.
26. Force Majeure: Neither party shall be deemed to be in breach of the contract to the extent
that performance of its obligations is delayed, restricted, or prevented by reason of any act of
God, natural disaster, act of government, or any other act or condition beyond the reasonable
control of the party in question.
27. Governing Law: This agreement shall be governed in accordance with the laws of the State of
Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any
cause of action arising under this agreement shall be required to be brought in proper venue in
Fayette County, Georgia.
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.