26_010 Towing Services.pdf

INVITATION TO BID

25-010 Towing Services

BID DUE DATE & OPENING October 21, 2025, 2:00 PM EST

VIA MICROSOFT TEAMS

Meeting ID: 228 624 845 446 2 Passcode: cc6AY6er

Dial in by phone: + 1 872-242-8893 Phone conference ID: 115 173 46#

NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE:

September 30, 2025, 11:00 AM EST

VIA MICROSOFT TEAMS WEBINAR

Non-mandatory Pre-Bid Conference Registration Link:

https://events.gcc.teams.microsoft.com/event/173c52a7-6be4-43d6-97e4-

5317cd747761@c6279049-e794-4541-8247-8e8261a33321

QUESTIONS DUE

October 6, 2025, 5:00 P.M.

Bids shall only be accepted online through the Bonfire Portal at:

https://sandysprings.bonfirehub.com/projects/203985/details

Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

GENERAL INFORMATION:

1. All communications regarding this solicitation must be with the assigned Procurement Agent, Ericka Kelly, ekelly@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message Vendor

Discussions: https://sandysprings.bonfirehub.com/projects/203985/details . Questions are due no later than October 6, 2025, 5:00 p.m. Questions received after this date and time may not be answered. There is a pre-bid meeting associated with this solicitation.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding the solicitation related to this solicitation will be posted on Bonfire website at https://sandysprings.bonfirehub.com/projects/203985/details. It is the Offeror’s responsibility to check the Bonfire portal for any addendum or other communications related to this solicitation.

https://events.gcc.teams.microsoft.com/event/04355256-472f-4c71-92ee-44e49a828068@c6279049-e794-4541-8247-8e8261a33321 https://events.gcc.teams.microsoft.com/event/04355256-472f-4c71-92ee-44e49a828068@c6279049-e794-4541-8247-8e8261a33321 https://sandysprings.bonfirehub.com/projects/203985/details mailto:ekelly@sandyspringsga.gov

4. The form of contract (“Contract”) the City intends to execute with the successful Offeror is included in this ITB. Offerors are urged to read this Contract, including exhibits carefully prior to submitting a bid. In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror must address these concerns in writing during the question-and-answer period. The Procurement Manager will review and determine the appropriate response. If the City determines a change is warranted, an addendum will be posted to this ITB. If a firm is unwilling to execute the Contract, whether modified by addendum or not, a bid should not be submitted.

5. The City of Sandy Springs reserves the right to reject all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Sandy Springs.

6. The City of Sandy Springs is not responsible for any technical difficulties. It is highly recommended that all potential contractors submit their quotes prior to the due date of this solicitation.

TERMS & CONDITIONS

1. All applicable Federal and State of Georgia laws and City of Sandy Springs ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

2. Professionals requiring special licenses shall be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

3. No bid shall be accepted from, and no contract will be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

4. The City shall be able to request of Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

5. From the date this ITB is issued until a firm is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this solicitation, except at the direction of

Ericka Kelly, Procurement Agent in charge of this solicitation. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Ericka Kelly, Procurement Agent City of Sandy Springs 1 Galambos Way Sandy Springs, Georgia 30328 Email: ekelly@sandyspringsga.gov

6. All Offerors are hereby notified that any digital content, applications, websites, or technology services provided under this solicitation must comply with the accessibility standards established under the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG)

2.1 Level AA. Offerors must demonstrate their ability to deliver products and/or services that are accessible to individuals with disabilities, including compatibility with assistive technologies such as screen readers, keyboard navigation, and voice recognition tools.

mailto:ekelly@sandyspringsga.gov

7. While the City has every intention to make an award as a result of this solicitation, issuance of the

ITB in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

a. Cancel or terminate this ITB at any time. A notice of cancellation will be issued. If the

ITB is cancelled, the City will not reimburse any Offeror for preparation of its Proposal.

Proposals may be returned upon request if unopened;

b. Reject any or all Bids received, make a contract award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors;

c. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this ITB which would not have significant impact on any

Proposal;

d. Make partial award or no award if it is in the best interest of the City to do so; and

e. Terminate any contract if the City determines adequate funds are not available.

DEFINITIONS

City: Refers to the City of Sandy Springs, Georgia, its departments, officials, employees, and authorized representatives

Contractor: Any vendor awarded a contract under this ITB, including its employees, subcontractors, and agents.

SSPD: Sandy Springs Police Department

ADA: Americans with Disabilities Act. The federal act that gives civil rights protections to the disabled similar to those provided to individuals based on race, color, sex, national origin, age and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications.

Contract Documents: Contract Agreement. General Conditions, Appendices, Special Provisions, Technical Specifications, Drawings and Plans, Bidding Documents, Exhibits

Service Call: A request by the City, Sandy Springs Police Department (SSPD), or City’s authorized vendor(s) for towing, recovery, impoundment, or related services.

Response Time: The elapsed time from initial notification by the City or SSPD to Contractor arrival on scene, as recorded by City dispatch.

Rotational List: The list of additional wrecker service providers maintained by the SSPD and utilized at the City’s sole discretion if the primary Contractor fails to meet response time requirements.

Seized Vehicle: Any vehicle held by or at the direction of the SSPD pending legal or investigative action, including but not limited to impoundment for evidence, forfeiture, or seizure proceedings under Georgia law.

City-Owned Vehicle: Any vehicle owned, leased, or otherwise under the control of the City of Sandy Springs, including fleet, emergency, and specialty vehicles.

Obsolete Vehicle: Any City-owned vehicle that has been retired, decommissioned, or designated for disposal or auction.

Auction: The sale of seized, abandoned, or obsolete vehicles at public auction, conducted in accordance with Georgia law and applicable City requirements.

Storage Fees: Charges assessed for holding a vehicle at Contractor’s facility, beginning twenty-four

(24) hours after the time of tow, unless otherwise stated.

Special Handling: Recovery operations requiring additional labor, equipment, or techniques beyond standard towing, including but not limited to up righting overturned vehicles.

Tractor Trailer Tow: A towing service involving a semi-truck, truck-tractor, or combination vehicle with attached trailer, including heavy-duty recovery operations.

Hold: A restriction placed by SSPD on the release, inspection, or handling of a vehicle, enforceable only by SSPD authorization.

GVWR (Gross Vehicle Weight Rating): The maximum operating weight of a vehicle as specified by the manufacturer, including vehicle chassis, body, engine, fluids, fuel, accessories, driver, passengers, and cargo.

CDL (Commercial Driver’s License): A valid license issued in accordance with Federal Motor Carrier Safety Administration (FMCSA) and State of Georgia requirements, required for operation of commercial motor vehicles with a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more, or for combination vehicles as defined by law.

SCOPE OF SERVICES

GENERAL TOWING SPECIFICATIONS

The City of Sandy Springs is seeking qualified Contractors to provide towing, recovery, storage, and related vehicle services on an as-needed basis. Multiple vendors may be selected under this Invitation to Bid (ITB) to ensure continuous coverage and timely response to City needs.

Contractors shall have the capacity, equipment, and personnel to provide 24/7/365 service in compliance with all federal, state, and local laws, as further defined in this Scope of Services.

1. Response Time Requirements:

- Towing requests may be anticipated at any hour. Contractor shall respond to all calls from the City for towing services (“Service Calls”) within thirty (30) minutes 99% of the time.

- If Contractor is unable to respond within thirty (30) minutes, Contractor shall promptly contact the City to explain the delay and provide an estimated time of arrival.

- “Respond within thirty (30) minutes” means from the point of Contractor notification to arrival on scene.

2. Rotational List Contingency:

- If the primary Contractor cannot meet the thirty (30) minute response window, the Sandy Springs Police Department (SSPD) may utilize a rotational list of additional wrecker services.

- The SSPD shall be the exclusive judge as to whether additional services are required.

- Repetitive breach of the thirty (30) minute requirement may lead to suspension or termination of the Contract, in the City’s sole and absolute discretion.

3. Service Outside City Limits:

- For requests outside City limits, Contractor shall notify the Communications Dispatch Center via the non-emergency telephone number and provide an estimated time of arrival.

4. Service Coverage:

- This Agreement covers all tows within City limits, except as otherwise provided.

5. Flat Tire Repairs for City Vehicles:

- Contractor shall respond to City calls for flat tire repair for all City-owned vehicles

- Flat tire servicing will generally be limited to removal of the flat and replacement with a spare.

- Response time: thirty (30) minutes maximum from notification to arrival.

6. 24/7/365 Availability:

- Contractor shall be staffed with sufficient qualified tow truck operators capable of immediate response, twenty-four (24) hours a day, seven (7) days a week, including holidays.

7. Specialized Tasks:

- All tow truck operators shall be equipped and qualified to perform spring set/air-release brake release, axle shaft removal, driveshaft disengagement, rigging, and other common recovery tasks.

8. Tractor Trailer Tows:

- Contractor shall respond to tractor trailer tows within one (1) hour.

9. Special Handling:

- Special handling (e.g., uprighting overturned vehicles) must be agreed upon separately and priced in advance.

10. Storage Fees:

- Storage fees begin twenty-four (24) hours after the time of tow.

11. No-Charge Services for the City:

- The City will not be charged for:

a. City-owned vehicle lockouts

b. City-owned vehicle service Calls under 26,000 lbs. within city and up to 50 miles outside

c. Flat tire changes

d. Battery boosts within city

e. Transporting wrecked/damaged City vehicles between locations

f. Vehicles in seizure process

g. Free lockout and jump services when needed for City-owned vehicles

h. Free towing and storage for any City-owned vehicle within a fifty (50) mile radius from the Sandy Springs City limits

i. Free towing and storage for any vehicle that is being filed on for seizure

j. Free towing to vendors for repairs of any City vehicle

12. Service Beyond a 50 mile radius from the City:

- City vehicles beyond 50 miles will be serviced at the commercial rate (excluding fire trucks or large equipment).

13. Seized Vehicle Handling & Auctions:

- Contractor shall store seized vehicles per Police Department request and provide assistance as necessary.

- Contractor shall process seized vehicles if the City so desires according to Georgia law.

-If the vehicle is not seized, charges begin for storage and towing if/when released to the owner or third party

- If unclaimed, Contractor will advertise and sell such property at public auction for the City.

- There will be an 80% (City) / 20% (Contractor) split on seized or decommissioned vehicles auctioned by the Contractor.

- The same 20% fee structure applies to auctioning of City-owned vehicles(fleet vehicles), calculated from the highest bid received.

- Contractor is responsible for all auction-related paperwork.

14. Vehicle Hold Restrictions:

- If a hold is placed on a vehicle by the Police Department and authorized by a supervisor, no entities other than SSPD personnel shall have access to the vehicle for any reason.

15. City-Owned Parking Space Enforcement:

- This Agreement shall extend to all City-owned parking spaces, decks, lots, and garages under the City’s jurisdiction.

- The Contractor shall provide towing and impoundment services for any unauthorized, illegally parked, or abandoned vehicles located within these City-owned parking facilities.

- The City’s contracted parking management vendor(s) are hereby authorized to directly contact the Contractor to request towing services for vehicles in violation of City parking rules and regulations.

- Contractor shall treat these calls as Service Calls under the response time requirements set forth in Section 1 of this Scope of Services.

- Contractor shall coordinate closely with the City’s parking management vendor(s) to ensure seamless enforcement and minimize disruption to authorized users of City-owned parking facilities.

- Clearance Requirements: The parking deck entrances have a maximum vertical clearance of 8’2” at both the East and West entrances. Contractor shall ensure that all tow trucks and equipment entering these facilities are compatible with this height restriction.

EQUIPMENT SPECIFICATIONS

1. Contractor shall own or lease and maintain at all times:

- 1 heavy-duty tandem wrecker

- 2 back slide wreckers

- 1 wheel lift

- 2 recovery wreckers

2. Contractor shall maintain at least one 25-ton or larger hydraulic boom wrecker capable of towing large loaded cement trucks, garbage trucks, fire trucks, or similar vehicles.

3. All wreckers must be commercially manufactured and rated by the manufacturer.

4. Each wrecker must carry at all times:

- One (1) snatch block per cable (rated)

- One (1) scotch block (rated)

- Trash container

- Industrial push broom

- DOT-approved fire extinguisher

- FCC-approved two-way radio

- Emergency amber beacons with permits

- Rear-facing white working lights

- Full tool set (metric & standard), two (2) lug wrenches, lockout tool, flashlight

- Dollies

- Proper emergency lighting/flares

- Shovels

- Broom, shovel, absorbent for spills — operators must sweep/remove debris and treat oil/fuel/hydraulic spills when clearing a City right-of-way

5. City staff reserves the right to inspect all Contractor vehicles for compliance.

6. Contractor shall display name, address, and phone number on each side of wrecker, permanently affixed, professionally painted or manufactured decals.

7. All wreckers to be dispatched by two-way radio or paging system.

8. All equipment must be in good condition with safe brakes, lights, and hoists.

9. CDL required for operating vehicles over 26,000 GVW.

10. Contractor shall provide, upon request, a list of all equipment to be used, including license plate numbers, street maintenance decal color and number, gross vehicle weight, and winch capacity.

TOWING METHODS – AVOIDING DAMAGE

1. Vehicle Protection: Contractor must avoid damaging the steering, suspension, drive train, bumpers, body, frame, or any other part of the vehicle; liable for negligent damage.

2. Safe Handling: Perform all necessary steps for safe towing, including uncoupling drive shafts and securing moving parts.

3. Car Carrier Use: Permitted if used within manufacturer’s limits; no price adjustment.

4. Under-lift System: Use when necessary for damage-free towing.

5. Spill Cleanup: Contractor responsible for cleaning up fluid spills up to 25 gallons (reimbursement allowed for materials). Larger spills must be reported to City dispatch or appropriate authority.

6. Parking Enforcement Services: Contractor shall verify that their tow equipment can safely access parking decks with an 8’2” maximum clearance.

IMPORTANT CLEARANCE NOTICE

1. Contractor is responsible for ensuring that all tow trucks and recovery equipment used for services under this Agreement can safely access City-owned parking facilities. The maximum vertical clearance at both the East and West entrances is 8’2”. Vendors shall verify equipment compatibility with these clearance restrictions prior to bidding. Failure to comply with these requirements will not relieve the Contractor from performance obligations and may result in disqualification, delay, or termination.

BUSINESS REQUIREMENTS

1. Contractor shall be insured and bonded for vehicles impounded by the Police Department.

2. Maintain a designated, indoor, fenced, and secured storage area for seized vehicles.

3. Provide a private garage or area for vehicle searches out of public view.

4. Maintain a current business license and comply with local zoning.

5. Use an electronic reporting system (e.g., CATS or other application) to share current information (may be combined with #9).

6. Maintain transaction records with the City for at least three (3) years.

7. Remain in compliance with all federal, state, and local laws.

8. City reserves the right to inspect Contractor premises with reasonable notice.

9. Real-Time Digital Tracking & Communication: Implement a web-based towing management system with GPS tracking and mobile app access for real-time tow status, vehicle location, and hold/release info; accessible to SSPD staff with VIN/license plate lookup.

10. Citizen Access Portal: Public-facing portal allowing vehicle owners to search for towed vehicles by VIN or license plate.

11. Operator Documentation: Annually submit list of all towing/storage personnel, including name, DOB, and driver’s license number.

12. One Step GPS Tracking: Utilize One Step GPS (or City-approved equivalent) on all wreckers to record and retain accurate service history; make available to City upon request.

LEGAL & LIABILITY TERMS

• Contractor shall hold the City harmless from any and all claims for damages arising out of any acts performed under this Agreement.

• Contractor shall not transport any City personnel to or from a tow location.

Fee Schedule

Service Request Items Cost ($)

Vehicle Impound Flat Rate: (<10,000 Lbs.) $

Per Mile from incident to lot: $

Storage after 24 hours $

Notification fee to local police agency within 24 hours: $

Notification fee after 72 hours: $

Electronic Release Fee: $

Contractual Services $7,500

SCHEDULE OF EVENTS

Event Date Time (if applicable)

Advertisement Date September 24, 2025

Pre-Bid Conference September 30, 2025 11:00 AM – 12:00 Noon

Deadline for Supplier Questions

October 6, 2025 By 5pm

Final Addendum Issued October 10, 2025 By 5pm

Bid Close Date October 21, 2025

Responsiveness Review October 21- October 23, (Tentative Window)

Evaluations TBD

BIDDING INSTRUCTIONS

Failure to submit the following bid documents may result in the bid being deemed non-responsive and the bid shall be rejected:

City Bid Form City Qualification Signature and Certification Form Bid Schedule Bid Price Certification

E-verify Affidavit under O.C.G.A. 13-10-91(b)(1) Addenda Acknowledgment Subcontractor List Certification of Sponsor Drug Free Workplace Georgia Security Immigration Compliance Act Affidavit Certificate of Insurance Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application Corporate Certificate Signed Contract Business License References A valid CDL Class B (or Class A, as applicable) is required for operation of vehicles with a GVWR of 26,001 pounds or greater.

Upon award of contract the following items shall also be submitted:

Certificate of Insurance Signed Contract

BID FORM

(Bidder to sign and return)

TO: PURCHASING MANAGER

CITY OF SANDY SPRINGS

SANDY SPRINGS, GEORGIA 30350

Ladies and Gentlemen:

In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Sandy Springs, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

ITB 26-010 Towing Services

The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Sandy Springs in full conformance with the Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only.

It is the intent of this Bid to include all items of construction, and all Work called for in the Specifications, or otherwise a part of the Contract Documents.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated.

The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and begin planting procedures within ninety (90) calendar days of the effective date on the Notice to Proceed.

The Bidder shall be responsible for installing and maintaining the “Best Management Practices” (BMP’s) throughout the term of the project.

If this bid shall be accepted by the City of Sandy Springs and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Sandy Springs may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond or certified check shall be forfeited to the City of Sandy Springs as liquidated damages.

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Received

Bidder further declares that the full name and resident address of Bidder’s Principal is as follows:

Signed, sealed, and dated this day of

Bidder

Company Name

Seal

Bidder Mailing Address:

By:

Title: _

By:

Title:

QUALIFICATIONS SIGNATURE AND CERTIFICATION

I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.

Authorized Signature Date_

Print/Type Name_______________________________________________________

Email Address

Print/Type Company Name Here_

REQUEST FOR REFERENCES

INVITATION TO BID # 26-010

Towing Services

All references must be from customers for whom your company has provided projects completed in the last five years of similar scope and services as the specifications of Invitation to Bid #26-010 Towing Services

References for: _______________________________________

(Company Name)

1. Company ________________________________________________________________________

Street Address ______________________________________________________________________

City, State & Zip_____ ________________________________________________________________

Contact Person Name_______________________________ Phone_____________________________

Email address________________________________________________________________________

Describe specific job performed and date: ________________________________________________

2. Company_________________________________________________________________________

Street Address _______________________________________________________________________

City, State & Zip ______________________________________________________________________

Contact Person Name________________________________ Phone____________________________

Email address________________________________________________________________________

Describe specific job performed and date: _________________________________________________

3. Company _________________________________________________________________________

Street Address _______________________________________________________________________

City, State & Zip ______________________________________________________________________

Contact Person Name ______________________________ Phone _____________________________

Email address________________________________________________________________________

Describe specific job performed and date: _________________________________________________

BID PRICE CERTIFICATION

In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within one hundred and twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule.

TOTAL BID PRICE: ______________________________________________________________

TOTAL BID PRICE IN WORDS: _____________________________________________________

COMPANY: ___________________________________________________________________

ADDRESS: ____________________________________________________________________

AUTHORIZED SIGNATURE: _______________________________________________________

EMAIL ADDRESS: _______________________________________________________________

PRINT / TYPE NAME: ____________________________________________________________

BID BOND

(BID BOND TO BE RETURNED WITH BID)

KNOW ALL MEN BY THESE PRESENTS, THAT ___________________________________

(Name of Contractor) _________________ (Address of Contractor) at __________________________________

(Corporation, Partnership and or Individual) hereinafter called Principal, and ________________ (Name of Surety) (Address of Surety

A corporation of the State of _________________, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

The City of Sandy Springs Georgia

1 Galambos Way, Sandy Springs, Georgia 30328 herein after referred to as Obligee, in the penal sum of____________________________________ Dollars ($ _______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to the City of Sandy Springs, Georgia, a proposal for furnishing materials, labor and equipment for:

26-010 Towing Services

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder’s check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the bid is accepted, the Principal shall within ten days after receipt of notification of the acceptance execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of Sandy Springs, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the City of Sandy Springs, Georgia, each in an amount of 100% of the total Contract Price, in form and with security satisfactory to said the City of Sandy Springs, Georgia, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Sandy Springs, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant, to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1, et. seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this __________ day of ________________________________A.D., 2025

ATTEST:

(Principal Secretary) (Principal)

(SEAL) BY: ___________________________

(Witness to Principal) (Address)

(Address)

(Surety)

ATTEST

BY: _______________________________

(Attorney-in-Fact) and Resident Agent

(Attorney-in-Fact)

(Seal)

(Address)

(Witness as to Surety)

(Address)

SERVICE AGREEMENT

This Agreement (hereinafter “Agreement”) is made of the execution date by the City (the “Effective Date”), by and between ______________________________________ a legal entity authorized to do business in the State of Georgia (hereinafter “Contractor”) and having a Georgia registered agent’s address at_________________ and principal office address of ______________________Attn: (Registered Agent, City State)_______________ and the City of Sandy Springs, Georgia, a Georgia Municipal Corporation located at 1 Galambos Way, Sandy Springs, Georgia 30328 (“Sandy Springs” or “the City”).

WITNESSETH:

WHEREAS, Contractor is engaged in the business of __________________________________; and

WHEREAS, Sandy Springs has a need to acquire the services described in the Contractor Proposal attached hereto as Exhibit A (hereafter “Services”); and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for Sandy Springs; and

WHEREAS, Sandy Springs wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

1. Services.

Contractor hereby agrees to render the Services to Sandy Springs as set forth in the Scope of Services and/or Contractor Proposal attached hereto as Exhibit A and incorporated herein by this reference. Contractor agrees to perform the Services at the direction of the City’s project manager or designee, in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

2. Compensation.

a. Fee. As consideration for the Services, Sandy Springs shall pay to Contractor the fees described in Exhibit B attached hereto and incorporated herein by this reference. A maximum of 5% increase shall be allotted for each fiscal year beyond the Initial Term if this Agreement is renewed in accordance with Section 4 of this Agreement. Any request greater than the maximum can be discussed at a mid-year review meeting that will take in place in either December or January by agreement of the parties. The Consumer Price Index (CPI) shall be the determinant of any additional funding.

The increase shall be based on the 12-month percentage change (Not seasonally adjusted) for the most current month available.

b. Manner of Payment. Contractor shall, on a monthly basis, prepare and submit to the Sandy Springs Finance Department an invoice, indicating work performed and approved and additional equipment expenses incurred during the applicable time period, together with such supporting documentation as may be required by Sandy Springs. Each compliant invoice shall be paid within thirty (30) days after submission of an invoice.

3. Relationship of Parties.

a. Independent Contractors. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between Sandy Springs and Contractor This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between Sandy Springs and Contractor. It is expressly agreed that Contractor is acting as an independent contractor and not as an employee in providing the Services under this Agreement.

b. Employee Benefits. Contractor shall not be eligible for any benefit available to employees of Sandy Springs including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

c. Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Agreement. Contractor shall be responsible for all FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for Sandy Springs.

4. Term

This Agreement shall become effective as of the Effective Date. The Agreement shall commence on the Effective Date and shall remain in effect until June 30, 2026 (the “Initial Term”) with the City having an exclusive option to renew for four

(4) additional one-year periods (each referred to as a/the “Renewal Term”) contingent upon annual appropriations of funds by the City of Sandy Springs City Council. The Agreement will terminate at the close of each fiscal year but will automatically renew absent any positive action by the City to terminate. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City should the City’s governing body fail to appropriate adequate funds prior to the start of each Renewal Term.

5. Termination.

Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within ten (10) days of receipt of a notice from the other party specifying such default.

“Default” shall mean:

a. If Sandy Springs fails to make payments when due or fails to perform or observe any of its duties or obligations under the terms of this Agreement;

b. If Contractor fails to perform or observe any of its duties or obligations under the terms of this Agreement;

c. If Sandy Springs or Contractor shall have made any warranty or representation in connection with this

Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the other party.

This Agreement may also be terminated by either party by giving written notice thirty (30) days prior to the effective date of termination.

If this Agreement is terminated pursuant to this paragraph, Contractor shall be exclusively limited to receiving only compensation for the work performed and appropriately documented to and including the effective date identified in the written termination notice.

6. Termination of Services and Return of Property.

Upon the expiration or earlier termination of this Agreement, Contractor shall immediately terminate the Services hereunder and shall deliver promptly to Sandy Springs all property relating to the Services and any Work Product (as defined below), patents or copyrights covered by this Agreement. Work Product shall include, but not be limited to, all hardware and software, written, graphical, and recorded material, and any copies, abstracts or summaries thereof.

7. Standard of Performance and Compliance with Applicable Laws in the Service Agreement

Contractor warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the Services and the obligations imposed by this Agreement. Contractor agrees to perform in a diligent, efficient, competent and skillful manner commensurate with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, and to otherwise perform as is necessary to undertake the Services required by this Agreement, including the requirements set forth in the Certification of Contractor - Georgia Security and Immigration Compliance Act attached hereto as Exhibit C, in the Certification of Sponsor Drug Free Workplace attached hereto as Exhibit D, and in the Affidavit Verifying Status for City Public Benefit Application attached hereto as Exhibit E, Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) attached hereto as Exhibit F, and agrees to execute and provide such certifications to Sandy Springs, which are incorporated into and made a part of this Agreement.

Contractor warrants and represents that it will, at all times, observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Contractor hereunder or which in any manner affect this Agreement.

The Contractor shall comply with and shall require its Subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964, as amended, and 23 CFR 200, as stated in EXHIBIT H, NOTICE TO CONTRACTORS - COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, attached hereto and incorporated herein.

The Contractor agrees that all deliverables—including but not limited to websites, web applications, documents, software, multimedia content, and other digital products—must comply with the accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act (where applicable), and conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

The Contractor shall ensure that:

• All digital content is perceivable, operable, understandable, and robust for users with disabilities.

• Deliverables are compatible with assistive technologies.

• Remediation of any non-conforming digital products will be performed at no additional cost to the Department.

Upon request, the Contractor must provide documentation demonstrating compliance, including Accessibility Conformance Reports (such as VPATs), accessibility test results, and/or third-party audit reports.

8. Conflicts of Interest.

Contractor warrants and represents that:

a. the Services to be performed hereunder will not create an actual or apparent conflict of interest with any other work it is currently performing; and

b. Contractor is not presently subject to any agreement with a competitor or with any other party that will prevent Contractor from performing in full accord with this Agreement; and

c. Contractor is not subject to any statute, regulation, ordinance or rule that will limit its ability to perform its obligations under this Agreement; and

d. Contractor shall be free to accept other work during the term hereof; provided, however, that such other work shall not interfere with the provision of Services hereunder.

9. Proprietary Information; Non-Solicitation.

Contractor acknowledges that it may have access to and become acquainted with confidential and other information proprietary to Sandy Springs including, but not limited to, information concerning Sandy Springs, its operations, customers, citizens, business and financial condition, as well as information with respect to which Contractor has an obligation to maintain confidentiality (collectively referred to herein as “Proprietary Information”). Contractor agrees not to disclose, directly or indirectly, to anyone or to use or to allow others to use, for any purpose whatsoever, any Proprietary

Information of any type, whether or not designated confidential or proprietary, acquired in the course of performing under this Agreement. The obligations of Contractor under this section shall survive the termination of this Agreement.

10. Insurance and Indemnification

Contractor shall indemnify the City, its officers, agents, servants and employees from and against any and all liability for 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. Insurance requirements are attached hereto as Exhibit G and incorporated herein by this reference.

11. Non-Discrimination

During performance of this Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. This practice shall apply to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws.

Contractor's equal employment opportunity efforts shall include, but not be limited to, all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall, in all solicitations or advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws.

Contractor shall cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials

12. Assignment.

Contractor shall not assign this Agreement or the rights and obligations created herein without the prior express written consent of Sandy Springs. Any attempted assignment by Contractor without the prior express written approval of

Sandy Springs may, at Sandy Springs’ sole option, result in the termination of this Agreement without any notice to

Contractor of such termination.

13. Notices.

All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address or such other address as may be given in writing to the parties:

If to Sandy Springs: With copies to:

Eden Freeman, City Manager Dan Lee, City Attorney 1 Galambos Way 1 Galambos Way Sandy Springs, Georgia 30328 Sandy Springs, Georgia 30328

If to Contractor: With copies to:

Contractor Contact, Title Name and Title Address Address City, State, Zip City, State, Zip

14. Governing Law and Consent to Jurisdiction.

This Agreement is made and entered into in the State of Georgia and this Agreement and the rights and obligations of the parties hereto shall be governed by and construed according to the laws of the State of Georgia without giving effect to the principles of conflicts of laws. The Courts in Fulton County, Georgia shall have jurisdiction over any litigation arising out of this Agreement.

15. Waiver of Breach.

The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof.

16. Disputes

No civil action with respect to any dispute, claim or controversy arising out of or relating to this Contract may be commenced without first giving fourteen (14) calendar day’s written notice to Sandy Springs of the claim and the intent to initiate a civil action.

17. Severability

If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, and enforceable in accordance with its terms.

18. Entire Agreement.

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior discussions, representations and understandings, whether oral or written.

19. Heading

This Agreement shall not be interpreted by reference to any of the titles or headings to the sections or paragraphs of this Agreement, which have been inserted for convenience purposes only and are not deemed a part hereof.

20. Interpretation of Exhibits and Exclusion of External References

The provisions of the main body of this Agreement shall govern the relationship between the City and the

Contractor. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, including, but not limited to, those provided by Contractor, the provisions of the main body of this Contract Agreement shall control. Website links inserted by the Contractor into exhibits or attachments to this Agreement shall not govern, alter, control or otherwise affect the provisions of this Agreement and shall be of no force or effect in the construction or interpretation of this Agreement.

21. Copyright, Trademark and Patent Indemnification

Contractor warrants it has the rights to use and license all products, software and services provided under this agreement. Contractor further agrees to defend and save harmless Sandy Springs against any claims brought by a third party including, without limitation, reasonable attorneys' fees and costs, arising out of or in connection with a claim that the Software, Products and Services used in the scope of this agreement violated a third party’s trademark, copyright or patent. Copyright, Trademark and Patent Indemnification shall survive the termination, cancellation or expiration of this agreement.

IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have signed and sealed this Agreement.

CITY OF SANDY SPRINGS, GEORGIA

By: _______________________________________ Eden Freeman, City Manager _________________________________ Date of Execution

By: _______________________________________ Approved as to Form:

City Clerk

By: _____________________________ City Attorney

(SEAL)

CONTRACTOR NAME

By: _______________________________________ ________________________________ Name: Date of Execution

Typed or Printed Name

Title

By: ______________________________________ Secretary

Witness

EXHIBITS

EXHIBIT A Scope of Services and/or Contractor Proposal

EXHIBIT B Fee Schedule

EXHIBIT C Certification of Contractor - Georgia Security and Immigration Compliance Act

EXHIBIT D Certification of Sponsor Drug-Free Workplace

EXHIBIT E Affidavit Verifying Status for City Public Benefit Application

EXHIBIT F Contractor Affidavit under O.C.G.A. § 13-10-91(b) (1)

EXHIBIT G Insurance Requirements

EXHIBIT H Notice to Contractors Compliance with Title VI of the Civil Rights Act of 1964

EXHIBIT I Corporate…