1. Invoice Instructions: All vendor invoices must be submitted electronically to the City of Atlanta (“City”). Any recurring payments made to a vendor will be made electronically through Automated Clearing House (“ACH”). Recurring payments will not be made by paper check. For one-time payments issued by the City, vendors have the option of receiving payment via ACH or paper check.

All submitted invoices must be in print format and must include the Purchase Order number assigned by the City of Atlanta. Any handwritten invoice will be returned to the vendor unpaid. An invoice that does not reference the associated City of Atlanta Purchase Order number will be returned to the vendor unpaid.

The preferred method for submitting invoices is through the Supplier Portal which allows the City to expedite payment of invoices. To submit invoices and enroll in the ACH payment method, please log in to the Supplier Portal at https://ehxr.fa.us2.oraclecloud.com. Vendors receiving recurring payments must complete the ACH payment information in the Supplier Portal. For Supplier Registration questions, please contact supplierregistration@atlantaga.gov.

Vendors may also submit invoices in Portable Document File (“.pdf”) format to ATLInvoices@atlantaga.gov. Vendors must submit one .pdf document per invoice or use a separator page if sending multiple invoices in the document so invoice scanning software can recognize the invoice(s) properly. Even if invoices are submitted in .pdf format to ATLInvoices@atlantaga.gov, vendors are required to complete the ACH payment information in the Supplier Portal to receive payment. Invoices submitted by any means other than the Supplier Portal or ATLInvoices@atlantaga.gov will not be accepted. Those invoices will be returned to the vendor unpaid. It is also the responsibility of the vendor to maintain current ACH payment information. Failure to provide or update electronic payment information may result in a delay in payment.

2. Enter our order for the items or services decided subject to conditions set forth in this Order and on the reverse side hereof. Important- This Order expressly limits acceptance to terms stated herein, and any additional or different terms proposed by the Seller are rejected unless expressly agreed to in writing.

3. Unsatisfactory delivery schedule or service will be sufficient cause for cancellation of this Order at no expense to Buyer.

4. Seller and Buyer agree as follows:

• Seller to Package Goods - Seller will page goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows:
  1. Seller's name and address.
  2. Consignee’s name, address, and purchase order or purchase release number and the supply agreement number if applicable
  3. Container number and total number of containers, e.g., box 1 of 4 boxes
  4. The number of containers bearing the package slip. Seller shall bear cos of packaging unless otherwise provided.

5. Terms of payment shall commence on the date of receipt by Buyer’s designated purchasing office of an invoice, conforming with Buyer’s purchase order. Return of the invoice by Buyer to Seller for any reason not attributable to the fault of the Buyer will extend the discount periods so that it commences on the subsequent date of receipt of such invoice by Buyer.

6. Do not substitute material on this Order without authority from the Purchasing Department. All material furnished must be as specified and will be subject to inspection and approval of Buyer after delivery. Buyer reserves the right (Payment notwithstanding) to reject and return, at the risk and expense of the Seller, such portion of any shipment which may be defective or fails to comply with specifications, without invalidating the reminder of the order.

7. Unless otherwise provided herein or by law, Seller shall pay all sales, use, excise, and other taxes, charges and contributions now or hereafter imposed on, or with respect to or measured by either the goods furnished hereunder, or the compensation paid to persons employed in connection with performance hereunder, and Seller shall indemnify Buyer against any liability and expense by reason of Seller’s failure to pay the same.

8. Seller warrants.

• That each and all of the articles herein described are free from defects in design, workmanship, and materials.
• That unless otherwise specified herein all such articles and the components thereof are new and have not been previously used.
• That the said articles are fit for use for their ordinary intended purposes and any purposes specified herein.
• That each and all of the articles herein described and the sale and use thereof will not constitute infringement or contributory infringement of any patent, or infringement of any copyright or trademark, or violation of any trade secret.
• That none of the chemical substances sold or transferred under this Purchase Order to buyer as of the time of such sale or transfer, is on the list of chemical substances compiled and published by the administrator of the EPA pursuant to the Toxic Substances Control Act (Title 15 U.S.C. §2601 et seq.)

9. Seller shall indemnify and hold Buyer and its employees harmless from and against any and all claims, suits, judgement or expenses (including attorney’s fees) which are grounded or based wholly or partially upon alleged negligence or actual negligence in the formation or manufacture of any merchandise sold by the Seller to the Buyer hereunder, or upon any alleged defect or actual defect in the merchandise, or upon a claim that the merchandise was not of merchantable quality or that it was not fit for the purposes for which it was intended.

10. Either Seller or Buyer shall be excused from performance of the obligations hereunder when and to the extent that such performance is delayed or prevented by any circumstances reasonably beyond control, or by fire, explosions, any strike or labor dispute, or any act of omission of any governmental authority.

11. The vendor or contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the vendor or contractor, to solicit or secure this contract or purchase order, and that the vendor or contractor as not paid or agreed to pay any person, company, association, corporation, individual or firm, other than a bona fide employee working for the vendor or contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this provision. For the breach or violation of the above warranty and upon finding after notice and hearing, the City shall have the right to terminate the purchase order or contract without liability, and at its discretion, to deduct from the contract or purchase order price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

12. This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

13. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

14. Prohibition Against Assignment: It is the intent of the parties that the terms printed herein will control irrespective of any subsequent execution for a work order, receipt, purchase order, or similar instrument. This agreement shall be binding on the partied hereto their successors and assigns. Seller shall not assign this agreement. Any attempt to assign this agreement shall cause this agreement to be terminated by the City. The City reserves the right to refuse or reject any and all request for assignment and, may in its discretion, terminate said agreement at its convenience.

15. This agreement shall be governed by the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” as adopted in the State of Georgia as effective and in force on the date of this agreement.

16. Statement of Non-Discrimination Policy:

Pursuant to Part II, Chapter 2, Division 10, Section 2-1387 of the Code of Ordinances, the City of Atlanta has implemented a policy regarding nondiscrimination by firms doing business with the City of Atlanta Therefore, the Equal Employment Opportunity Clause, as specified in Sections 2-1414 through 2-1419 of the Code of Ordinances and Mayor’s Administrative order Number 96-4, prohibiting discrimination by contractors, employees, officers, and vendors against persons on the basis of their sexual orientation, are hereby made a part of the terms and conditions of this contract.

17. The supplier of goods material, equipment, or services covered by this purchase order certifies that they will not discriminate in any way in connection with this contract in the employment of persons, or refuse to continue the employment of any such person on account of race, creed, color, sex, sexual orientation or national origin of such person.

18. Sec. 2-1414. - Equal employment opportunity clause.

The equal employment opportunity (EEO) clause required in all city contracts, pursuant to section 2-1200, shall read as follows:

"During the performance of this agreement, said contractor agrees as follows:

• The contractor shall not discriminate against any employee, or applicant for employment, because of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or political affiliation. As used here, the words "shall not discriminate" shall mean and include without limitation the following:
  1. Recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated.
  2. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of the EEO clause.
• The contractor shall, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or political affiliation.
• The contractor shall send to each labor union or representative of workers with which the contractor may have a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the contractor's commitments under the equal employment opportunity program of the City of Atlanta and under the Code of Ordinances and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor shall register all workers in the skilled trades who are below the journeyman level with the U.S. Bureau of Apprenticeship and Training.
• The contractor shall furnish all information and reports required by the contract compliance officer pursuant to the Code of Ordinances, and shall permit access to the books, records, and accounts of the contractor during normal business hours by the contract compliance officer for the purpose of investigation so as to ascertain compliance with the program.
• The contractor shall take such action with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (a) through (h) herein, including penalties and sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in or is threatened with litigation as a result of such direction by the city, the city will enter into such litigation as is necessary to protect the interest of the city and to effectuate the equal employment opportunity program of the city; and, in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States.
• The contractor and its subcontractors, if any, shall file compliance reports at reasonable times and intervals with the city in the form and to the extent prescribed by the contract compliance officer. Compliance reports filed at such times directed shall contain information as to employment practices, policies, programs and statistics of the contractor and its subcontractors.
• The contractor shall include the provisions of paragraphs (a) through (h) of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.
• (h) A finding, as hereinafter provided, that a refusal by the contractor or subcontractor to comply with any portion of this program, as herein provided and described, may subject the offending party to any or all of the following penalties:
  1. Withholding from the contractor in violation all future payments under the involved contract until it is determined that the contractor or subcontractor is in compliance with the provisions of the contract;
  2. Refusal of all future bids for any contract with the City of Atlanta or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that there has been established and there shall be carried out all of the provisions of the program as provided in the Code of Ordinances;
  3. Cancellation of the public contract;
  4. In a case in which there is substantial or material violation of the compliance procedure herein set forth or as may be provided for by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors, subcontractors or other organizations, individuals or groups who prevent or seek to prevent directly or indirectly compliance with the policy as herein provided.