Cities Index.
Agenda, regular meeting, second session

Highland City Council
October 10, 2023

Document
Agenda, regular meeting, second session
Meeting
October 10, 2023
Body
Highland City Council
Pages
192
Original file
813.3 MB
Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

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include, but are not limited to, asphalt concrete pavement with a structural section designed for a 20 year life, concrete curb and gutter, stamped concrete, a raised landscaped median, and a private lighting system per Calhoun Road ( Private East Road) with plot date August 24, 2023 prepared by Madole And Associates, Inc. and as Calhoun Private Road Construction Agreement.
b) Submit traffic signal plans and construct a traffic signal utilizing a video detection system at the intersection of Greenspot Road and Access "C" ( Calhoun Road), as approved by the City Engineer. Connect to the fiber optic interconnect system on Greenspot Road to connect the traffic signals on Greenspot Road at the freeway ramps, the westerly access, Access " A" ( Lowes Ctr.), Access " C" ( Calhoun Road), and Boulder Avenue signals. Install any necessary hardware and software. Provide a coordinated timing analysis.

C 17. Design and construct public improvements including sidewalk, access road entrances, and access ramps, as needed, in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code. Redesign and reconstruct existing frontage improvements if found not in compliance with City Standards.

C 18. Submit " Record Revisions" to all plans to reflect the improvements as constructed, and any changes made during construction.

WATER QUALTIY/ DRAINAGE
E 19. Obtain approval by the City Engineer of a Final Water Quality Management Plan ( F-WQMP), prepared in accordance with the City' s National Pollutant Discharge Elimination System NPDES) permit requirements in effect at the time the Conceptual Water Quality Management Plan was approved unless subsequent City NPDES permits require otherwise. The F- WQMP shall ( 1) be prepared, signed, and sealed by a licensed Civil Engineer, (2) include Site Design Low Impact Development and Source Control Best Management Practices ( BMPs) appropriate for residential development, ( 3) include a BMP implementation, operation, and funding mechanism, and ( 4) be certified by the property owner. The property owner shall also enter into a Stormwater BMP Transfer, Access, and Maintenance Agreement with the City on standard City form. Include a copy of the recorded agreement in the F- WQMP.

Construct BMPs in accordance with the approved F-WQMP.

C* 20. Construct and implement site design BMPs specified in the project approved F- WQMP including, but not limited to, underground infiltration system, pretreatment devices, and raised curb landscaped areas and parking lot islands. Alternate site design BMPs which are equally effective may be submitted for review and approval by the City Engineer.

E 21. Include the project grading plan, landscape plan and utility plan with the first submittal of the F- WQMP.

C 22. Submit two sets of WQMP BMP Exhibits with a " WQMP BMP As -Built Certificate" wet signed and sealed by the Engineer of Record. The Certificate shall state:

I hereby certify that the Water Qualify Management Plan Best Management Practices have been constructed under my supervision in accordance with the approved plans and are functional to the best of my knowledge."
C* 23. Construct on -site private drainage system, HDPE or other pipe material as approved by City Engineer, to drain the entire project site to the proposed WQMP BMPs in accordance with the approved Final Water Quality Management Plan and construct necessary drainage L kEngineering_ Backupk030173097 - SPR 23- 001 - San Carlo II Apartments - Rexco Dev\ Conditions\ DRA 23- 009 San Carlo II Greenspot Apartments Engineering COA.docx Page 3 of 7
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overflow facilities. Construct an overflow pipe to convey any overflow from the proposed underground infiltration system to fronting streets as necessary.

B 24. At the underground infiltration system location proposed by the Final WQMP, conduct at least two new infiltration tests using a double -ring infiltrometer. The tests shall be conducted at the proposed underground infiltration system subgrade elevation, prior to the submittal of the F-WQMP. After obtaining the results from the two tests, the engineer and geotechnical engineer shall determine if additional testing is required.

C 25. Register the underground chambers with EPA as a Class V Injection Well.

E 26. Submit a hydrology study to determine storm runoff quantities tributary to and generated by the Project for review and approval by the City Engineer. Include hydraulic calculations to determine the size and type of all drainage facilities. If entire site does not drain to the southwest then demonstrate how drainage conveyance offsite will replicate predevelopment flow path, discharge quantity, and intensity. Demonstrate adequate drainage away from proposed buildings. Design the total peak discharge from Planning 2 and 3 into Lateral U ( 48" RCP) such that it does not exceed 50 cfs, which is the design flow rate used in the hydrology study of the existing storm drain in Greenspot Road constructed and stubbed out by the City at the southwest corner of this project.

C 27. Intercept and convey off -site drainage tributary to the project boundary around or through the project in a manner that will not adversely affect adjacent or downstream properties.

E 28. Submit engineering plans for public and private drainage systems to the City Engineer for review and approval. Comply with the City design standards as shown on the street and storm drain improvement checklist.

DEDICATION/ ANNEXATION
C* 29. Apply to the City to annex the project into the City' s Consolidated Landscape Maintenance District ( LIVID) for potential City maintenance of parkway and frontage landscaping along Boulder Avenue. The City will maintain parkway and frontage landscaping utilizing LIVID revenue only if the City determines that adequate maintenance is not being provided by the property owner. The potential future amount of assessment will include the estimated ongoing maintenance cost and one- time construction cost to convert the privately maintained system to the City -maintained system.

C* 30. Apply to the City to annex the Project into the City' s Consolidated Landscape Maintenance District ( LIVID) for maintenance of the median landscaping along the Project' s Boulder Avenue frontage. Sign the ballots prepared by the City agreeing to the annexation and amount of assessment. Landscaping within the median shall be maintained by the City.

B* 31. Dedicate an irrevocable offer of dedication via separate instruments:
a) ( 1) 10- foot wide minimum landscape easement across the Boulder Avenue frontage for City to access and maintain landscape in the event the private landscape maintenance system becomes a City -maintained system.
b) ( 1) temporary construction easement granting permission for the City to enter the property to construct and restore landscaping. The exact dimensions of the landscape easement will be determined at the time on -site improvement plans have been prepared.

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B* 32. Obtain City approval of a Lot Merger to merge ( 4) existing parcels ( APNs 1201- 351- 28, 1201- 351- 14, 1201- 351- 15, 1201- 351- 16) into one parcel in accordance with the following:
a) Submit grant deeds, to be signed ( notarized) by the property owner, accompanied by legal descriptions and plats, which describes the boundary of the new parcel.

Legal descriptions and plats shall be prepared by a Professional Engineer or Land Surveyor. The grant deeds shall include the following statement:

This document is being recorded pursuant to Parcel Merger No. , as evidenced by Certificate of Compliance No. COC , recorded as Document No. , Official Records of said County."
b) Certificates of Compliance ( COC) will be prepared and recorded by the City. The COC number is pending and will be determined closer to approval. Submit an original legal description and plat for each lot which will be made part of and recorded with the Certificates of Compliance. The legal descriptions and plats must be identical to those to be recorded with the grant deeds.

B 33. At the time of Parcel Merger submittal, include traverse calculation sheets which show error of closure, copies of recorded maps and deeds used as reference and/ or showing original land division, tie notes and benchmarks referenced, and a current title report ( less than 3 months old). Inverse calculations will not be accepted for plan check. Upon approval, the City will record the parcel merger documents and forward copies to the applicant.

B 34. Apply for City vacation of ingress and egress access rights at the proposed Boulder Avenue project entrance as approved by the City Engineer. Reserve utility rights within the portion of Boulder Avenue right-of-way proposed to be vacated. City vacation is addressing prior relinquished Abutter' s Rights of ingress and egress from street or highway recorded in Book 2267, Page 127, Original Record.

B* 35. Acquire a private easement across Planning Area 1, 2 and/or 3 if needed for construction and maintenance and offsite drainage facilities and private drives.

D* 36. In accordance with the Greenspot Village and Marketplace Specific Plan, grant a reciprocal private easement in favor of the parcels within Planning Area 1 and 2, and Planning Area 3 southerly adjoining property, for pedestrian, vehicular and emergency access.

D* 37. If the site is ever subdivided in the future, record a reciprocal private easement for drainage, and utilities.

FEES/ PERMITS/ BONDING
C* 38. Pay Post 2030 fair share traffic mitigation fees for all locations inside or outside of the City of Highland impacted by development of the Specific Plan as identified in the traffic study prepared for the Specific Plan. The amount of mitigation fees required of the Specific Plan shall be based on ( 1) the percentage of project traffic as calculated in the traffic study, and 2) cost estimates of the improvements as initially calculated and periodically updated by the City. The amount of traffic mitigation fee applicable to each phase of development shall be calculated based on the area within that phase as a percentage of area within the entire Specific Plan, regardless of land use designation of said phase. Pay the traffic mitigation fee for the entire phase prior to occupancy of the first building located in that phase. Provide, for City review, updated tables in the traffic study showing the locations of the mitigation L:\ Engineering_ l3ackup\ 030173097 - SPR 23-001 - San Carlo II Apartments - Rexco Dev\ ConditionsMRA 23- 009 San Carlo II Greenspot Apartments Engineering COA. dor-x

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improvements and the project fair share percentage. Also include the Eucalyptus Avenue and Boulder Avenue intersection future traffic signal in the fair share calculation.

E 39. Pay development impact fees, engineering fees for district annexation, plan check, WQMP review, hydrology study review, structural calculation review, on -site and off -site inspection, utility excavation permits, GIS plan update, microfilming and storage of plans, and other required fees.

D 40. Obtain a permit from Engineering prior to any on -site construction or construction within the public right- of-way.

D 41. Obtain permission/ permits from EVWD, MWD, and SCE prior to any construction within or impacting their easement areas or facilities.

E 42. Post a deposit for erosion control which shall not be released prior to completion of all on -site construction.

E 43. Bond for all required grading, street, storm drain, and landscape maintenance district improvements in accordance with City Development Code.

UTILITIES/ CONSTRUCTION
E* 44. Obtain written permission from adjoining property owners prior to start of any grading, removal or construction work located within the affected private properties.

B 45. Coordinate temporary fencing and construction with the adjacent property owners. Install construction fencing and screening in accordance with Building and Safety Division Policy 335.

C 46. Reconstruct existing public improvements removed or damaged during construction.

Pavement repair, which may include A.C. overlay, T-cut trench repair and/or slurry seal after removal of existing striping shall be across all or a portion of damaged pavement caused by this project as determined by the City Engineer.

C* 47. Coordinate, and where necessary, pay for the relocation of any existing public utilities as necessary.

C 48. Provide all utility services to each building, including sanitary sewers, water, electric power, gas, cable TV, internet, and telephone. All utilities listed under Highland Municipal Code Section 16. 40. 380 (A) are to be underground per Ordinance 315.

E 49. Comply with applicable requirements of the National Pollutant Discharge Elimination System NPDES) permit program. Provide written verification from the Regional Water Quality Control Board specifying the projects WDID number.

B 50. Destroy any abandoned wells on the property or similar structures that might result in contamination of underground waters in a manner approved by the City Engineer.

B 51. All underground structures, except those desired to be retained, must be broken in, backfilled, and inspected before covering.

B 52. Remove all existing on -site utility poles per Ordinance 315. Coordinate relocation of electrical drop for affected offsite properties.

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B 53. Install onsite and offsite traffic control signs and pavement markings with locations and types approved by the City Engineer.

D 54. Comply with the prevailing City design and construction standards and requirements at the time of permit issuance.

B 55. Design and construct trash enclosures per City Standard 700 or trash facilities per the approved Waste Management Plan, as approved by the Public Works Director.

C 56. Install telephone, cable television, and internet enclosures underground whenever the underground installation is an available option offered by the utility companies. If the underground installation is not an available option and utility enclosures must be installed above ground, install the above -ground utility enclosures and any flush mount utility enclosures at locations where construction of retaining walls will not be necessary for compliance with the setback requirements of the utility companies.

B* 57. Submit a Composite Utility Plan for the purposes of coordinating, maintaining and improving landscaping in City right-of-way. Indicate the location of all above ground and flush mount water, electric, cable TV, internet, street lights, traffic signal, and telephone utility structures prior to City issuance of utility permits.

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i City of Highland, FIRE PREVENTION DIVISION, Conditions of Approval.

DATE : May 9, 2023 Page 1 of 8
APPLICANT : Rexco Development
ADDRESS : Planning Area 3 Greenspot Village & Marketplace Specific Plan SITE LOCATION: 12.351- 28, 1201- 351- 14, 1201- 351- 15, 1201- 351- 16 FILE / INDEX No.: SPR 23. 001 DRA 23- 009 TPM 23-002
A tiered level of mitigation options has been developed and listed below are the systems and/or modifications required for your project. Compliance of the following items are a condition of FINAL OCCUPANCY APPROVAL. These conditions are required as acceptable solutions to the adverse fire conditions Impacting firefighting and emergency operations accompanying the sitetarea. They will either assist in detection and extinguishment of the fire and/or facilitate the anticipated emergency operations.

This project is protected by the City of Highland Fire Department 1 Cal -Fire / California Department of Forestry and Fire Protection. Prior to any construction occurring on any parcel, the applicant shall contact the city of highland fire marshal office for verification of current fine protection development requirements. All new construction shall comply with the currently adopted California Fire Code and all applicable statutes, appendices, codes, ordinances, standards and policies of the City of Highland Fire Department/ Fire Prevention Division / Cal -Fire / Ca(ifomia Department of Forestry and Fire Protection.

Fire Department Review of all projects is required.

ALL CONSTRUCTION ( New and renovations to existing) SHALL COMPLY WITH THE CALIFORNIA FIRE CODE Along with amendments as adopted within the Highland Municipal Code (Orel. # 411).

Note: All weather access roads ( CFC) and fire hydrant/water system installations shall be in place, inspected and approved, PRIOR to combustible material being brought on site.

Note: The City of Highland has 2 areas within the `FIRE SAFETY OVERLAY DISTRICT' designated as FRA and FR- 2. Both areas may border or overlap areas identified by the State/CalFire as ' High Fire Severity Zone' or `Very High Fire Severity Zone'. See HMC for construction requirements.
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GENERAL.

HF3: A fuel break of one hundred ( 100) feet ( brash and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis. CFC $ HMC

2. HF31: Approved fire hydrant pavernent markers ( blue dots) shall be installed at every hydrant.

3. HF40: Where an automatic extinguishing system or standpipe system is in place, system shall be serviced and maintained in operating condition according to NFPA and California State Fire Marshal requirements. T19; CFC; NFPA

4. HF51: The main electrical panel and all sub -panels) shall be labeled on inside cover for all circuits. CEC

5. HF52: Water heater (fuel fired), shall be properly vented to exterior of structure.

Water heater shall be seismic strapped to wall and be located 18" above a garage floor. CBC

6. HF53: A one -hour, solid core, self -closing and latching door ( minimum 1- 3/ 8 inch) shall be installed between an attached garage and living space. CBC

7. HF55: Commercial exit requirements:

A. Required exit doors shall be maintained in an operable condition at all times
B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from two ( 2) sources of power when occupant load is one hundred ( 100) persons or more.

F. When exit way/exit pathway and/ or exit doorway is not easily identified, additional exit signs shall be installed.

8. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self -luminous type. CFC; CBC

9. HF47: For each chimney, used in conjunction with any fireplace or heating appliance, in which solid or liquid fuel is used, an approved spark arrester shall be installed and visible from the ground. Spark arrester shall be of stainless steel, copper or brass, woven galvanized wire mesh, twelve ( 12) gauge, and minimum of 318" to V maximum openings. CFC; CBC; CIVIC
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10. HF60: Additional plans for access, fire safety systems, fire lanes and signage, gates, storage, or other special conditions may be requested for review, conditioning and approval by the fire marshal.

11. HF48: A class " A" roof covering structure with " bird stops" shall be installed.

ACCESS:

12. HF7: Fire department access roads shall meet the fire dept. minimum unobstructed width of twenty ( 20) feet. ( twenty- six ( 26) feet within FR- 1 & 2 zones).

This standard shall not lessen other agency requirements. Access roads shall be paved ( asphalt/ concrete) and in place prior to delivery of combustible building materials on site. Roads shall be designed and constructed to meet adopted city standards. CFC

13. HF8: All access roads, public, private streets and residential driveways shall maintain a minimum vertical clearance of thirteen ( 13) feet -six (6) inches. CFC

14. HF9: Residential driveways shall be paved ( asphalt/ concrete) and shall provide a minimum width of twelve ( 12) feet. Driveways of this standard shall serve no more than two single family dwellings and shall not exceed 10% in grade. HMC

15. HF10: Driveways exceeding 150 feet shall have a fire department approved turnaround at the terminus. CFC I APPENDIX D

16. HF11: Fire department access roadway( s) and/ or public/ private street( s) exceeding one hundred fifty ( 150) feet in length shall provide an approved turnaround at the terminus ( cul-de-sac). Minimum radius shall be not less than forty 40) feet. Or as approved by the fire marshal. Cul-de-sacs providing access to perimeter emergency access roads shall have a minimum radius of forty four (44) feet. CFC / APPENDIX D, SBCO TRANSPORTATION STD

17. HF12: Fire department access roadway( s); public/ private street( s) and driveways shall not exceed 12% grade. CBC / APPENDIX D, HMC

18. HF13: Fire department access roadway( s); shall extend to within one hundred fifty 150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

An access road, approved by the fire dept., shall be provided to within fifty ( 50) feet of all structures when the natural grade between access road and structure is in excess of 30%.

Where an approved access road cannot be provided, a fire protection system shall be required and approved by the fire department. CFC
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19. HF14: In FR- 1/ FR-2 areas, streets ending in a cul- de- sac shall not exceed 350 feet, in all other areas, non -circulating streets shall not exceed 600 feet in length and shall provide an approved cul- de- sac. HMC

20. HF15: " Phased" projects may be required to provide a minimum of two ( 2) remote points of approved access during construction. A secondary access, for fire and other emergency equipment and for routes of escape, which will safely handle evacuations. CFC - APPENDIX D

21. HF19: Manually operated gates across fire department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated " KNOX" padlock or box containing key to open the private lock. For automatic gates, a " KNOX" emergency access switch, shall be installed, at location determined by fire department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. " KNOX BOX" request form is available from the fire marshal or may be ordered directly from www.knoxbox. com (specify City of Highland, CA) CFC —Appendix D Note: The city of Highland also requires an electronic " H" key system (Ord. #320) for multi -family, gated communities or secured storage facilities. HMC

22. HF24: " NO PARKING — FIRE LANE" signs shall be posted at locations designated by fire marshal. Fire lane curbs shall be painted red, with white letters stating, "NO PARKING — FIRE LANE" on top, not face. CFC - APPENDIX D

23. HF54: commercial and industrial structures -occupancies and gated complexes shall have a " KNOX BOX" system installed on the exterior of the building( s) or complex. location of device to be determined by the fire department. The box shall contain keys necessary to gain access and may contain pre -plans and MSDS information as required by the fire department. New and existing multi -tenant commercial buildings shall provide a ' KNOX' box large enough to contain keys to access each individual tenant space. Installation location( s) to be determined by the fire marshal. The box shall contain clearly marked keys to each tenant space or other areas as determined by the fire marshal. CFC

24. HF61: Aerial fire apparatus access roads. Where required: buildings or facilities exceeding 30-feet in height above the lowest level of fire dept. Vehicle access shall be provided access roads capable of accommodating aerial apparatus.

Width: aerial apparatus access roads shall provide a minimum unobstructed width of 26-feet in the immediate vicinity of any building exceeding 30-feet in height.

Proximity to buildings: aerial apparatus access roads shall be located a minimum of 15-feet to a maximum of 30-feet from the building, and shall be positioned parallel to one entire side of the structure, as approved by the fire code official. CFC APPENDIX D
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WATER:

25. HF25: Minimum required fire flow, as determined by i. s.o. formula, is as follows:

RESIDENTIAL; GPM = 1500; at 20 psi residual; for 2 hour duration.

COMMERCIAL; GPM = 3000; at 20 psi residual; for 3 hour duration.

System shall be looped with minimum eight ( 8) inch mains; six ( 6) inch laterals, six ( 6) inch risers; six ( 6) inch dia. Hydrants with two 2 %2" outlet( s) and one 4" outlet.

CFC APPENDIX B AND C
Note: Hydrants shall meet EVWD standards.

26. HF29: Fire hydrant spacing shall be:

Single family residential: 600 FEET
Multi -family residential: 300 FEET
High density residential: 300 FEET
Commercial retail: 300 FEET
CFC / APPENDIX B AND C.

Note: Existing fire hydrants ( off -site) can be included if they meet spacing requirements. Hydrants shall not be located at the ` bulb' end of cul- de- sacs.

27. HF26: Two sets of water delivery system plans, designed to meet the required fire flow for this project and/or development, shall be submitted to the fire department for review and approval. CFC

28. HF27: Applicant -developer shall provide a letter from the water company serving the project -development, verifying financial arrangements have been made and bonded for the required water improvements. CFC

29. HF28: Fire hydrants shall be installed, inspected and operational as per approved water system delivery plans prior to any framing, construction or delivery of combustible materials to project site. CFC / CFC

30. HF30: Private, on site fire hydrant( s) — yard hydrant($)- capable of supplying required fire flow shall be installed at location( s) identified by the fire department.

System shall be looped with minimum eight ( 8) inch mains; six (6) inch laterals, six 6) inch risers; six ( 6) inch dia. hydrants with one 2 Y2" outlet and one 4" outlet.

CFC / APPENDIX B AND C

31. HF32: A temporary water storage and delivery system for use during grading and foundation work ( no combustible material), meeting fire dept. Fire flow requirements shall be installed prior to framing construction or delivery of combustible materials to project site. CFC; NFPA — 1142

32. HF38: Approved fire hydrant(s) capable of supplying required fire flow, shall be provided to all premises upon which facilities, buildings or portions of buildings are -116-
constructed or moved within the jurisdiction_ When any portion of the facility or building protected is in excess of 150 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants or on -site fire hydrants, meeting the required fire flow, shall be provided. CFC APPENDIX B AND C
ADDRESSING — IDENTIFICATION:

33. HF21: Commercial and multi -family residential address numbers shall be displayed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway or street. Numerals shall be of a contrasting color to the building and electrically illuminated.

Minimum size of the numerals shall be 8" height, 3/4" stroke, or as approved by the fire marshal.

Industrial occupancies shall have address numbers of 12" height, V stroke and shall be electrically illuminated so as to be visible and legible from access roadway or street.

Note: Depending on height and setback of a building, larger numerals may be required and at additional locations on the building, as determined by a case -by - case review.

HMC

34. HF22: Commercial - retail structures with rear access shell display address numbers on rear entry doorways, 4" in height, 112" stroke, on contrasting background. CFC

35. HF23: Directory map. An illuminated directory map shall be installed at each driveway entrance where the total number of units exceeds fifteen, ( 15) CFC 1 HMC. FIRE AND PLANNING DEPARTMENTS SHALL APPROVE SIGNAGE PLAN.

36. HF18: Street name signs shall be installed prior to construction on any roadway or phase. Temporary signs may be used as approved by the fire marshal. CFC Note: Permanent signage shall meet City standards as required by Planning.

37. HF17: The public and/ or private roadways serving this project shall be identified with city approved names. CFC
FIRE PROTECTION & ALARM SYSTEMS:
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38. HF35: Automatic fire sprinklers shall be installed according to NFPA 13R and fire dept. requirements. Submit three ( 3) sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored ( if any), for fire dept. review and approval priorto any installation. Submit copy of California C- 16 license. CFC; CBC; HMC

39. HF36: Automatic fire sprinklers shall be installed according to NFPA 13 and fire dept. requirements. Submit three ( 3) sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored ( if any), for fire dept. review and approval prior to any installation. Submit copy of California C- 16 license. CFC; CBC; HMC

40. HF37: Automatic fire sprinkler control devices (P. I. V & O. S.& Y.) Shall be visible from fire dept. access roadway, and identify system being controlled and address of structure.

Fire Dept. Connection ( FDC) shall be located no closer than forty ( 40) feet and not to exceed one hundred fifty ( 150) from structure. Required fire hydrant shall have a maximum distance from FDC of thirty (30) feet. FDC shall identify address and system of structure being protected. CFC

41. HF41: A minimum of one 2A- 1013C fire extinguisher shall be installed for each 3, 000 sq. ft. of floor area. Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by fire department, may be required. Fire extinguishers shall be serviced bi-annually and shall have a current State Fire Marshall service tag attached. Fire extinguishers are to be serviced every two years and inspected & tagged every year. CFC; NFPA

42. HF43: An automatic fire detection and alarm system meeting the requirements of CFC 907, CBC and NFPA 72 shall be installed. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. CFC; CBC; NFPA

43. HF45: An automatic smoke ventilation system — fusible link type, shall be installed.

Roof vent, venting ratios and draft curtains shall be provided. Three ( 3) sets of shop plans with material cut sheets and calculations shall be submitted to the fire department for review and approval prior to installation. CFC

44. HF46: SMOKE DETECTORS, hard wired in series with battery back- up, shall be installed in all sleeping areas and in all hallways and areas/ rooms leading to sleeping areas. Smoke detectors shall be installed at the top of all stairways. At least one smoke detector shall be installed on the first floor level. CARBON MONOXIDE DETECTORS shall be installed per manufacturer' s instructions minimum one per floor where fuel fired appliances and/or an attached garage is present. Units also to be hard wired in series with corresponding smoke detectors CFC; CBC
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45. HF60: California Fire Code, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION, shall apply to this project. it is the responsibility of the project manager to meet with the fire marshal to discuss requirements specific to this project.

46. HF62: Additional plans for access, fire safety systems, storage or other special condition may be requested for review, conditioning and approval by the fire marshal.

Craig Sanchez, Fire Marshal
City of Highland Fire Prevention
909) 864- 8732 x 248
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Building and Safety Division Conditions of Approval
Date: July 10, 2023
Project: 272- Unit, 3-Story Apartment Complex
Applicant: Rexco Development
Site Location: Planning Area 3 of the Greenspot Village & Marketplace Specific Plan
Project Numbers: SPR 23- 001, DRA 23- 009, TPM 23- 002
APN( s): 1201- 351- 27, 1201- 351 14, 1201- 351- 15, 1201- 351- 16 Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety' s plan review. This number is needed to obtain information regarding your project.
3) Architectural Plans
3) Structural Plans
3) Plot/Site Plans
3) Electrical Plans
3) Electrical Load Calculations
3) Exiting Plans
3) Plumbing Plans/ Isometrics
3) Mechanical Plans
3) HVAC Duct Layout Plans
3) Site Disabled Access Plan
3) Temporary Construction Fence Plan
3) Fire Department access and Fire water
Please include in plans and mark "FOR REFERENCE ONLY"
3) Precise Grading Plans
Grading, Photometric, or Landscape Plans: Please mark "FOR REFERENCE ONL Y"
3) Project Condition of Approval from all departments:

To be included in Architectural plan set at plan submittal 2) Engineered Truss Calculations — as applicable
2) Title 24 Energy Calculations
2) Soils Report
2) Structural Calculations
1) Fire Flow Test - with hydrant location dimensioned on the site plan.

2. All structures shall be designed in accordance with the current version of the California Building Codes at the time of submittal ( Currently the 2022 codes),

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including the California Green Building Standards Code. Design all structures to Risk Category II at exposure "C" ( ASCE7- 22), and Energy Climate Zone 10.

3. All onsite utilities are to be underground. As approved by the Planning Division, utility cabinets and transformers are exempt.

4. All construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. ( WQMP)

5. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route( s) of travel shall be the most practical direct route from each site arrival point.

6. All dead and removed trees and foliage is to be properly removed from the site.

7. Demolition permits shall be obtained for all structures to be demolished.

8. For the removal of any storage tanks, or other excavations involving backfill, a compaction shall be filed with the Building Division. Any Fuel storage tank removal would require notification of San Bernardino County Fire, Hazardous Materials and San Bernardino County Environmental Health Department

9. Community pool plans shall be reviewed and approved by the San Bernardino County Health Department in addition to the City of Highland Building and Safety Division.

10. Separate structures ( i. e. club house, guard shacks, entry gates structures, walls, patios) shall be submitted for plans review, approvals and permitted separately.

11. All construction materials, which are not used, shall be recycled pursuant to the requirements set forth by Ordinance No. 269. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, the trash receipts shall be forwarded to the City Public Services division.
a. Prior to Permit issuance — The permit holder shall register a project Construction & Demolition Debris Program application for self -haul or contract services through the City' s Franchise hauler.

12. The building( s) is/are to be connected to the public sewer system.

13. All deferred plan items & required deputy inspections are to be identified on the plans cover sheet.

Page 2 of 5 ends

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14. Plans should include a Map Directory for Building addressing and signage for reference. HMC 15. 06. 100 - A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).

15. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act ( ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner' s responsibility to be aware of those differences and comply accordingly.

All common areas, which includes fire pits, BBQ areas shall be accessible.

CBC sec. 1110A. 1( 2), sec. 1110A. 3.

2. Play area ground surfaces shall comply with ASTM standards. CBC sec. 11 B- 1008. 2. 6

3. Trash enclosure( s) shall be accessible to persons with disabilities and located on an accessible route. The accessible route shall extend from the trash enclosure( s) to the building( s) it/they serves. Detail accessible route on plans. ( CBC Section 11 B- 206. 2. 2)

16. Prior to the issuance of Building Permits, site -grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

17. Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project.

18. Prior to the issuance of Building Permits, construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

19. Prior to the issuance of Building Permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid.

Redlands Unified School District)

20. Prior to issuance of building permits, provide Building and Safety with a Sewer and Water availability Letter from East Valley Water District. ( 909) 889- 9501

21. Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Building and Safety. No temporary electrical power will be granted to a

Page 3 of 5 ends

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project unless the following item is in place and approved by Building and Safety and the Planning Division.
a. Installation of a construction trailer through the " Temporary Occupancy Permit", alternatively, a security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers can be located in the street unless a permit from the Engineering Department is obtained.

22. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans.

Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

23. On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non - sewer type shall conform to ANSI ZA.3 and on site per NPDES stormwater requirements.

24. Construction activities shall not commence prior to 7: 00 a. m. and shall terminate no later than 7: 00 p. m. Monday through Saturday with no construction activities preformed during city or Federal Holidays. ( Ordinance 420 HMC) unless restricted further by environmental review mitigation.

25. Building and Safety inspection requests must be made by 4: 00 pm. on the previous City working day to receive a next business day inspection. Please contact ( 909) 864-2136, Ext 228.

26. The Developer/Owner is responsible for the coordination of the final occupancy.

The Developer/ Owner shall request clearances from each department and/ or applicable agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency shall sign the back of the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

27. Prior to final inspection, provide Building & Safety with a flash disk of the approved plans and documents.

28. Building and Safety does not release all meters until final approvals are obtained from all agencies and departments. Commercial and industrial projects, see Policy 295.

Page 4 of 5 ends

-123-

29. The DeveloperlOwner is responsible for the coordination of releasing any Deferral of Development Impact Fees or Bonds after such fees have been paid. The Developer/ Owner should be aware, once the deferral notice is sent to the San Bernardino County Recorder' s Office; the release process takes two to three weeks.

This process will delay final Certificates of Occupancy.

Page 5 of 5 ends

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-148-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer 6-Z., PREPARED BY: Jim Richardson, Public Works Manager
SUBJECT: Contract Award — Bid No. 2023- 05, " Highland City Hall Roof Top Coat And Coping For Existing Polyurethane Roof System"
RECOMMENDATION: It is recommend that the City Council: ( 1) award the base bid contract to the responsive lowest bidder, Angelus Waterproofing & Restoration, Inc., in the amount of 207, 075. 00, for Bid No. 2023- 05, " Highland City Hall Roof Top Coat And Coping For Existing Polyurethane Roof System"; and ( 2) approve a budget adjustment for FY 2023- 2024 to transfer 67,075 from 007-2100 ( DIF Fund balance) to be expended from 007-8330- 6030 ( Building).

FISCAL IMPACT: The construction cost of this project will be paid with Development Impact Fees.

PUBLIC NOTICE: The Notice Inviting Bids was advertised in two newspapers and a numberof trade papers.

BACKGROUND: City Hall currently has a polyurethane foam roof with a protective white cool roof coating. The foam roof is in good condition. However, the topcoat has thinned over the years and requires a new topcoat to extend the life of the roof. This project includes construction of new metal perimeter flashings ( coping), and removal and replacement of the roof over the front walkway canopy between the Council Chamber and City Hall Lobby. The new roof topcoat includes a 20- year manufacturer warranty.

On September 21, 2023, the City received four construction bids in response to the City' s formal request for bids. The bid schedule included a base bid for the work described above. There is also a deductive option to leave the metal flashing in place and recalk and paint it. Staff recommends replacing the metal flashing for the base bid amount and not taking the deductive bid option to leave the existing metal flashing in place.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk
-1-
City ger
Following are the bid results:

Bidder Base Bid Deductive Alternate

1. Angelus Waterproofing & Restoration, Inc. $ 207,075. 00 ($ 4, 650)

2. Cook Coatings, Inc. $ 334, 250. 00 ($ 10, 000)

3. Best Contracting Services $ 487, 180. 00 ($ 18, 600) During the bid analysis, the bid submitted by All Seasons Insulation, Inc. was found to be missing several bid documents including the bid security bond which caused their bid to be declared non -responsive.

Staff has reviewed the bid documents and references from the lowest responsive bidder and recommends that the City Council award a contract to Angelus Waterproofing & Restoration, Inc.

M:\ Maintenance\ City Hall\ Rooftop Maintenance\ 2023- 05 City Hall Roof Top Coat and Coping For Existing Polyurethane Roof System 10. 10. 23 -2-

STAFF REPORT
1 IF" xlc,xe TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer Lt. Phill Dupper, San Bernardino County Sheriff' s Department SUBJECT: Purchase of Command Post Vehicle through Sourcewell.

RECOMMENDATION: 1. City Council approve the purchase of a new Command Post Vehicle for 100, 258. 98 through Sourcewell, a cooperative purchasing program.

2. City Council authorize staff to auction the former Command Post Vehicle.

FISCAL IMPACT: $ 100,258.98 total cost -includes the SUV & lighting package.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations.

BACKGROUND: During the Work Program, staff presented to the City Council the purchase of a replacement Command Post Vehicle. The former Command Post Vehicle is outdated and not usable. This item received an HP- rating from the City Council. This item was also presented to the City Council during the budget process. If approved, the new Command Post Vehicle would be purchased through Sourcewell. Sourcewell is a cooperative purchasing program for governments and is designed to provide governments with access to competitively awarded cooperative purchasing solutions.

The attached quote of $ 100, 258. 98 is for the new Command Post Vehicle and the lighting package.

Please see the attached quote.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City ager
-1-
National
A 01. 1. 1en o} Auto ch. r valet el w.Fleet a. onrw. Group 490 Auto Center Orive, Watsonville, CA 85076
1855) 289. 8572 • (831) 480- 6497 Fax
Fleet@NationalAutoFleet6roup. com
7/ 31/ 2023 Quote ID: 25118 R2
9/ 19/ 2023 Re - Configured
Order Cut Off Date: TBA
Mr Phill Dupper
San Bernardino County Sheriffs Department
Highland Station
26985 Base Line Street
Highland, California, 92346
Dear Phill Dupper,
National Auto Fleet Group is pleased to quote the following vehicle( s) for your consideration.

One ( 1) New/ Unused ( 2024 Ford Expedition ( U1G) XL 4x4, Upfit from WCLS + Handling $ 4200. 00) and delivered to your specified location, each for
One Unit ( MSRP) One Unit Total % Savings Total Savings Contract Price $ 57, 370. 00 $ 55, 237. 94 3. 716 % $ 2, 132. 06 Upfit from WCLS $ 37, 801. 72
Handling $ 4200. 00
Tax ( 7. 7500 %) $ 7, 210. 57
Tire fee $ 8. 75
Total $ 100, 258. 98
per the attached specifications.

This vehicle( s) is available under the Sourcewell Contract 091521- NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
Jesse Cooper
Account Manager
Email: [email protected]
Office: ( 855) 289- 6572
Fax: ( 831) 480- 8497
Quoting Department
Account Manager
Fleet@NationalAutoFleetGroup. com
855) 289- 6572
120 fQn~ E ,% fCSWY
TOYOTA
-2-
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Fax: ( 831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W- 9 if needed.

Learn how to track your vehicle:

Use the upfitter of your choice:

Vehicle Status:

General Inquiries:

Additional Resources
www. NAFGETA. com
www. NAFGpartner. com
ETAONationalAutoFleetGroup com
Fleet@NationalAutoFleetGroup com
For general questions or assistance please contact our main office at:
1- 855- 289- 6572
-3-
WEST COAST LIGHTS & SIRENS, INC.
601 COLUMBIA AVENUE
UNIT " B"
RIVERSIDE, CA 92507
Phone # 9517799257 trish@wcls. us
Fax # 951- 779- 9256 WCLS.US
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE
1/

LI S & SI NS
sk
W . W C L s

PROPOSAL
Date Estimate #
9/ 18/ 2023 14105
Terms VEHICLE TYPE
Net 30 2023 EXPEDITION
Item Description Qty Cost Total

TO INSTALL THE FOLLOWING IN A FORD
EXPEDITION<<

85. 00 / HOUR LABOR 87 85. 00 7,395. 00T
BUMPER<<
BK2198EPD18 18- 21 EXPEDITION WINCH BUMPER 1 1, 141. 69 1, 141. 69T PB45OL4 - MICROPULSE ULTRA LIGHTS
JOB MATERIALS WARN ZEON 8- S WINCH - 89305 1 1, 889. 98 1, 889.98T SHIPPING SHIPPING OF SETINA PRODUCTS 1 155. 00 155.00
LIGHTING & SIREN EQUIPMENT<<
41690OZ-RW CORNER LED, DUAL, INLINE FLASHER, HORIZ OPTIC, 1 68. 00 68. 00T

RED/ WHITE
41690OZ-BW CORNER LED, DUAL, INLINE FLASHER, HORIZ 1 68.00 68.00T

OPTIC, BLUE/ WHITE
ES100C ES100C SPEAKER W/ O BRACKET 1 200.00 200. 00T
ESB- U KIT, UNIVERSAL BAIL BRACKET, ALL VEHICLES 1 28. 35 28.35T FHL- CHG FLASHER, HEADLIGHT, 1 75. 46 75. 46T
VALR5IJ- CAL2 51" VALOR; RED/ BLUE 1 2,500.00 2, 500. 00T PF20OS17B SIREN/ LIGHT CONTROLLER WITH 17 BUTTON 1 948. 00 948. 00T CONTROLLER, 100/ 200 W, OBDII INTEGRATION

CAPABILITY,
INTEGRATED RUMBLER® CAPABILITY, AND

INTEGRATED DUAL TONE CAPABILITY- MULTICOLOR

CONTROL HEAD
Subtotal
Sales Tax ( 8. 75%)
Total
-4-
WEST COAST LIGHTS & SIRENS, INC.
601 COLUMBIA AVENUE
UNIT 'B"
RIVERSIDE, CA 92507
Phone # 9517799257 trish@wcls. us
Fax # 951- 779- 9256 WCLS.US
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE
w
LIGM".

PROPOSAL
Date Estimate #
9/ 18/ 2023 14105
Terms VEHICLE TYPE
Net 30 2023 EXPEDITION
Item Description Qty Cost Total
OBDCABLE25- 3 25- FT OBDII INTERFACE CABLE, FOR USE WITH 2O20 FORD 1 260.00 260. 00T EXPEDITION, 2020 FORD F- 150, & 2020 FORD F- 250
MPS62U- BA MICROPULSE ULTRA 6, DUAL COLOR, CLEAR LENS, 2 90. 00 180. 00T

SURFACE MOUNT- BLUE/ AMBER
REAR WINDOW SIDE LIGHTS<<
MPSM6- LB FEDERAL SIGNAL SINGLE L-BRACKETS 2 10. 93 21. 86T MPS62U-BA MICROPULSE ULTRA 6, DUAL COLOR, CLEAR LENS, 2 90. 00 180. 00T

SURFACE MOUNT- BLUE/ AMBER
UNDER HATCH LIGHTS - ON SWITCH<<
41690OZ- BA CORNER LED,DUAL,INLINE FLASHER, HORIZ 2 68. 00 136. 00T

OPTIC, BLUE/ AMBER
FHL- TAIL FLASHER, TAILLIGHT, UNIVERSAL APPLICATIONS, 18" 2 69. 78 139. 56T

WIRE LEADS
35RCCDCR 3" ROUND COMPARTMENT LIGHT, SUPER LED 2 70. 20 140.40T

RED/ WHITE

MOUNTED UNDER HATCH & IN HEADLINER FOR

EQUIPMENT IN BACK CARGO AREA
DRIVER SIDE SPOTLIGHT<<
ARGES2 ARGES PROFOCUS REMOTE SPOT LIGHT 1 624. 24 624.24T ARGCHI ARGES BAIL MT CONTROL HEAD; CONTROL HEAD FOR 1 240.48 240. 48T

ARGES, BAIL BRACKET
ARG48D FORD EXPEDITION, 2019-2021 DRIVER SIDE FENDER 1 85. 02 85. 02T

ARGES MOUNT
SHIPPING SHIPPING OF WHELEN PRODUCTS 1 35. 00 35. 00
Subtotal
Sales Tax ( 8. 75%)
Total
-5-
WEST COAST LIGHTS & SIRENS, INC.
601 COLUMBIA AVENUE
UNIT 'B"
RIVERSIDE, CA 92507
Phone # 9517799257 hish@wcls. us
Fax # 951- 779- 9256 WCLS.US
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE

LIGHTS & SI NS
w w
r
w e i. s u s

PROPOSAL
Date Estimate #
9/ 18/ 2023 14105
I Terms I VEHICLE TYPE
Net 30 2023 EXPEDITION
Item Description Qty Cost Total
CONSOLE EQUIPMENT & GUN RACK<<
7170- 0727- 01 FORD PICKUP TRUCK CONSOLE WITH INTERNAL CUP 1 1, 026. 00 1, 026. 00T

HOLDER & REAR ARMREST KIT
7160- 0332 3" CONSOLE POCKET 1 43. 388 43. 39T
3130- 0361 2" AUX 12V POWER OUTLET FILLER PANEL 1 13. 50 13. 50T 1011B 15 AMP 12VOLT DC SOCKET 1 5. 58 5.58T
PanelUSBQC4. 0 POWERWERX PANEL MOUNT COMBINATION USB QC3. 0 1 35. 72 35.72T
AND USB TYPE- C QC4. 0 FAST DEVICE CHARGER
1045B 4. 8 DUAL USB CHARGER, INTELLIGENT DEVICE 1 32. 10 32. I0T

RECOGNITION ALLOWS RAPID CHARGING OF PHONES,

TABLETS, OR OTHER MOBILE DEVICES, SOCKET MOUNT
7160- 0498 QUICK RELEASE KEYBOARD TRAY- MOUNTS ON A
1 185. 63 185. 63T
CLEVIS
7110- 1008 CLEVIS TILT/SWIVEL MOTION ATTACHMENT WITH 3/ 8" 1 68. 18 68. 18T HOLE
7160- 0427 MONGOOSETM - 9" LOCKING SLIDE ARM WITH 3/ 8" STUD 1 260. 55 260.55T 7160- 1015 9.5" EXTENSION BRACKET FOR DOCK 1 41. 85 41. 85T SHIPPING SHIPPING OF GAMBER PRODUCTS 1 100.00 100. 00
C-DMM- 3106 HEAVY-DUTY DASH MOUNT FOR 2015- 2020 FORD F- 150 1 369. 90 369. 90T RETAIL, RESPONDER & SSV, 2017- 2022 FORD F- 250, 350, 450 PICKUP, F450 & 550 CAB CHASSIS, 2018-2021 EXPEDITION

RETAIL & SSV
SHIPPING SHIPPING OF HAVIS 1 27. 00 27.00
LF18ES- LED 18 INCH RED/ WHITE LED LITTLITE, NECK EXTENDS 1 74. 36 74. 36T

FROM END OF CHASSIS, VERTICAL MNT
Subtotal
Sales Tax ( 8. 75%)
Total
-6-
WEST COAST LIGHTS & SIRENS. INC.
601 COLUMBIA AVENUE
UNIT 'B"
RIVERSIDE, CA 92507
Phone # 9517799257 trish@wcls. us
Fax # 951- 779- 9256 WCLS. US
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE

LI & S NS
w VbTw c
u s

PROPOSAL
Date Estimate #
9/ 18/ 2023 14105
Terms VEHICLE TYPE
Net 30 2023 EXPEDITION
Item Description Qty Cost Total
GUN RACK<<
FABRICATED FABRICATION OF DUAL FREE STANDING WEAPON RACK 3 130. 00 390.00T SC- 1 SANTA CRUZ GUN LOCK S- Cl W STANDARD KEY 1 104. 38 104.38T SC-6 XL HANDCUFF STYLE GUN LOCK # 2 KEY 1 170. 16 170. 16T SC- 1901 SOLID ALUMINUM BUTT PLATE 2 25. 73 51. 46T
COMMANDBOX<<
CP-3D-463625-WB-... ALUMINUM COMMAND POST. LARGE SIDE STORAGE, ( 3) 1 6, 831. 00 6, 831. 00T 4" SECTIONS FACEPLATES. X3 DRAWERS. BOTTOM
WHITE BOARD AND MAP DRAWER.

MOUNT TV TO DRIVER SIDE OF BOX IN OPEN AREA
RADIOS

MOUNT ALL RADIO SPEAKERS INSIDE OF HATCH

HDMI, AUDIO, USB JACKS TO COMPUTER IN BOX OR ON

SIDE PLASTICS
TROY 110V OUTLET FACEPLATE
AC- CP- EXPI8- T- MNT 2018- 21 EXPEDITION TILT - UP CARGO MOUNT, 5- PIECE 1 575. 78 575. 78T

SYSTEM ALLOWS ACCESS TO SPARE TIRE
SHIPPING SHIPPING OF TROY PRODUCTS 1 200. 00 200. 00

FABRICATED

FABRICATED

FABRICATION TO MOUNT TV

FABRICATION OF PLATE FOR USB' S
1 1
450.00
130. 00
450.00T
130.00T
JOB MATERIALS REAR MONITOR 1 400. 00 400. 00T
MMSUl MAGNETIC MIC CONVERSION KIT 6 31. 96 191. 76T

MOUNT ON COMMAND BOX AND WHITE BOARD
Subtotal
Sales Tax ( 8. 75%)
Total
-7-
WEST COAST LIGHTS 6 SIRENS, INC.
601 COLUMBIA AVENUE
UNIT 'B"
RIVERSIDE, CA 92507
Phone # 9517799257 trish@wcls. us
Fax # 951- 779- 9256 WCLS.US
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE
Item Description

JOB MATERIALS TNP USB HDMI FLUSH MOUNT CABLE
JOB MATERIALS 3. 5 MM + USB 2. AUX CAR CABLE USB MOUNT CABLE BATTERY CHARGING EQUIPMENT«
091- 55- 20- 120 SUPER AUTO EJECT, 120V AC, 20 AMPS
SPECIFY WHAT COLOR COVER NEEDED<<<
41500700 POWERCOMBI BATTERY TEMPERATURE SENSOR
36212001 POWERCOMBI 12/ 2000- 100 120V
77010700 POWERCOMBI REMOTE CONTROL PANEL

SHIPPING SHIPPING FOR MASTERVOLT ITEMS
ELECTRICAL EQUIPMENT<<

JOB MATERIALS ELECTRONICS BOARD WITH COVER
7615B AUTOMATIC TIMER DISCONNECT
5028B FUSE BLOCK ST BLADE 6 WITHOUT GROUND CIRCUIT
I FOR COMMAND POST<<
5026B FUSE BLOCK STBLADE 12 CIRC W/ GND/ CVR
7189B 150 AMP BREAKER

WINCH ( IF NEEDED)

INVERTER

SIREN EQUIPMENT

FABRICATED OF DUAL BREAKER BRACKET
MB8U 3/ 4" HOLE NMO STYLE BRASS MT W/ 17" RG58U & NO

CONNECTOR
SI340U SECURE IDLE
AWESTri
LIGH 5 & S i NS
A
w w r,
w s T. s

PROPOSAL
i
Date Estimate #
9/ 18/ 2023 14105
Terms I VEHICLE TYPE
Net 30
Qty I Cost
1 1
1 1
1 1
2023 EXPEDITION
Total

22. 00 44. 09

14. 001 14. 00'
354. 08

23.05 829. 00
112. 04

75. 00
1 250.00
1 106.61
2 23. 96
1 36. 33
3 29.30
1 130. 00
3 17. 50
1 143. 00
Subtotal
Sales Tax 8. 75%)
Total
354.08T

23. 05T
829. 00T
112. 04T

75. 00
250. 00T
106. 61T

47.92T

36. 33T

87. 90T
130. 00T

52. 50T
143.00T 4
-8-
WEST COAST LIGHTS & SIRENS, INC.
601 COLUMBIA AVENUE
UNIT ' B"
RIVERSIDE, CA 92507
Phone # 9517799257
Fax # 951- 779- 9256
Name / Address

SAN BERNARDINO SHERIFF

AUTOMOTIVE DIVISION
655 EAST THIRD STREET
SAN BERNARDINO, CA 92415- 0061
ATTN: ACCOUNTS PAYABLE
trish@wcls. us
WCLS. US
ES
LIGH f5 & 51 NS
QA

PROPOSAL
Date Estimate #
9/ 18/ 2023 14105
Terms VEHICLE TYPE
Net 30 2023 EXPEDITION
Item Description Qty Cost Total
JOB MATERIALS MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, 1 350.00 350. 00T RELAYS, ETC.

ESTIMATES ARE VALID FOR 30 DAYS.

ORDERS WILL BE INVOICED UPON NOTIFICATION OF COMPLETION Subtotal $ 30, 945. 77 RETURNS/ CANCELLATIONS ARE SUBJECT TO A 25% RESTOCKING FEE AND SHIPPING CHARGES. Sales Tax ( 8. 75%) $ 2, 655.95

PLEASE MAKE SURE YOU HAVE ALL CUSTOMER SUPPLIED PARTS WHEN VEHICLE IS DROPPED OFF TO AVOID DELAYS. IF DELAYS CONTINUE, WE WILL SUPPLY NEEDED PARTS AT CUSTOMERS EXPENSE.
1 FTotal $ 33, 601. 72
CALIFL) KN1A CtK11N1t1J, MALL 15UWINE" # 4Y8/ t1
NOTE: SALES TAX WILL BE CHARGED ON INSTALLATION LABOR ON A VEHICLE WITH 500 MILES OR LESS OR UNDER 6 MONTHS SINCE

REGISTRATION WITH THE DMV
-9-
Vehicle Configuration Options
ENGINE
Code IDescription
998 Engine: 3. 5L EcoBoost V6, ( STD)

TRANSMISSION
Code IDescription
44U Transmission: 10- Speed Automatic w/ SelectShift, ( STD)

PRIMARY PAINT
Code IDescription
YZ Oxford White

SEAT TYPE
Code Description
LH
Black Onyx, Cloth Front Captain' s Chairs, - inc: 5- passenger seating, 8-way power driver seat ( power function for tilt and lumbar, manual recline), 4- way manual passenger seat ( fore/ aft, recline) and 2- way manually adjustable head restraints

AXLE RATIO
Code Description
62E
ControlTrac w/ 3. 73 Axle Ratio, - inc: eLSD ( Electronic Limited - Slip Differential), 2- Speed Automatic 4WD, neutral towing capability

ADDITIONAL EQUIPMENT
Code Description
Wheels: 17" Steel
Tires: P265/ 70R17 AT OWL

OPTION PACKAGE
Code Description
102A
Equipment Group 102A SSV Package, - inc: USB Port Delete, Deletes second row smart charging USB port - one ( 1) A and one ( 1) C in the back side of the center floor console, ControlTrac w/ 3. 73 Axle Ratio, eLSD ( Electronic Limited -Slip Differential), 2- Speed Automatic 4WD, neutral towing capability, Skid Plates, Center Console Delete, Deletes armrest and covered media bin, Vinyl 2nd Row Seating, Push Button Keyless Start Delete, Wheels: 17" Steel ( Fleet), Vinyl Floor Covering, Column Shifter, Running Board Delete, Tires: P265/ 70R17 AT OWL, Manual Telescoping Steering Wheel Delete -10-
2024 Fleet/Non- Retail Ford Expedition XL 4x4

WINDOW STICKER
2024 Ford Expedition XL 4x4

CODE MODEL MSRP
U1G 2024 Ford Expedition XL 4x4 $ 57, 555. 00

OPTIONS
998 Engine: 3. 5L EcoBoost V6, ( STD) 0. 00
44U Transmission: 10- Speed Automatic w/SelectShift, (STD) 0. 00 YZ Oxford White 0. 00
LH Black Onyx, Cloth Front Captain' s Chairs, - inc: 5- passenger seating, 8- way power driver seat ( power function for tilt and lumbar, manual 0.00 recline), 4- way manual passenger seat (fore/aft, recline) and 2- way manually adjustable head restraints 62E ControlTrac w/3. 73 Axle Ratio, - inc: eLSD ( Electronic Limited -Slip Differential), 2- Speed Automatic 4WD, neutral towing capability INC Wheels: 17" Steel INC
Tires: P265/ 70R17 AT OWL INC
102A Equipment Group 102A SSV Package, - inc: USB Port Delete, Deletes second row smart charging USB port - one ( 1) A and one ( 1) C 2, 080. 00)
in the back side of the center floor console, ControlTrac w/ 3. 73 Axle Ratio, eLSD ( Electronic Limited -Slip Differential), 2- Speed Automatic 4WD, neutral towing capability, Skid Plates, Center Console Delete, Deletes armrest and covered media bin, Vinyl 2nd Row Seating, Push Button Keyless Start Delete, Wheels: 17" Steel ( Fleet), Vinyl Floor Covering, Column Shifter, Running Board Delete, Tires: P265/ 70R17 AT OWL, Manual Telescoping Steering Wheel Delete Please note selected options override standard equipment SUBTOTAL $ 55, 475. 00
Advert/ Adjustments $ 0. 00
Manufacturer Destination Charge $ 1, 895. 00
TOTAL PRICE $ 57,370. 00
Est City: N/ A MPG
Est Highway: N/ A MPG
Est Highway Cruising Range: N/ A mi
Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Notes
-11-
Standard Equipment

MECHANICAL
Engine: 3. 5L EcoBoost V6 ( STD)
Transmission: 10- Speed Automatic w/SelectShift ( STD)

3. 31 Axle Ratio ( STD)

ADDITIONAL EQUIPMENT
50 States Emissions System
Transmission w/Driver Selectable Mode and Oil Cooler
Electronic Transfer Case
Part And Full -Time Four -Wheel Drive
72-Amp/ Hr 675CCA Maintenance -Free Battery w/ Run Down Protection 150 Amp Alternator
Class IV Towing Equipment - inc: Hitch and Trailer Sway Control Trailer Wiring Harness
1813# Maximum Payload
GVWR: 7, 450 Ibs
Gas -Pressurized Shock Absorbers
Front And Rear Anti -Roll Bars
Electric Power -Assist Speed -Sensing Steering

23. 3 Gal. Fuel Tank
Single Stainless Steel Exhaust
Auto Locking Hubs
Double Wishbone Front Suspension w/Coil Springs
Multi - Link Rear Suspension w/ Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Descent Control, Hill Hold Control and Electric Parking Brake
Wheels: 18" Machined -Face Aluminum - inc: magnetic -painted pockets Tires: P275/ 65R18 AT
Steel Spare Wheel
Full -Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Body -Colored Front Bumper w/ Gray Rub Strip/ Fascia Accent Body - Colored Rear Step Bumper w/ Gray Rub Strip/ Fascia Accent Black Bodyside Cladding
Stainless Steel Side Windows Trim and Black Front Windshield Trim Body -Colored Door Handles
Black Power Heated Side Mirrors w/ Manual Folding
Flip -Up Rear Window w/ Fixed Interval Wiper and Defroster Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/ Aluminum Panels
Lip Spoiler
Running Boards
Black Grille w/ Chrome Surround
Liftgate Rear Cargo Access
Tailgate/ Rear Door Lock Included w/ Power Door Locks
Roof Rack Rails Only
Auto On/ Off Aero- Composite Led Low/ High Beam Auto High -Beam Daytime Running Lights Preference Setting Headlamps w/ Delay- Off -12-
Perimeter/ Approach Lights
Headlights - Automatic Highbeams
Radio w/ Seek- Scan, Clock, Aux Audio Input Jack, Steering Wheel Controls and Radio Data System Radio: AM/ FM Stereo w/ MP3 Capable - inc: speed -compensated volume and 6 speakers, connected navigation w/ 1- year trial, pinch -to - zoom capability, live traffic, predictive destinations and route guidance and one box search Streaming Audio
Window Grid Antenna
SiriusXM w/ 360L - inc: super categories/ live sports categories, ' For You' recommendations, SiriusXM lister profiles and three ( 3)- month prepaid subscription, Service is not available in Alaska and Hawaii, Trial length and service availability may vary by model, model year or trim, SiriusXM audio and data services each require a subscription sold separately, or as a package, by Sirius XM Inc, Your SiriusXM service will automatically stop at the end of your trial unless you decide to subscribe, If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then - current rates, Fees and taxes apply, To cancel you must call SiriusXM at 1- 866- 635- 2349, See SiriusXM customer agreement for complete terms at www.siriusxm. com, All fees and programming subject to change, Not all vehicles or devices are capable of receiving all services offered by SiriusXM, Current information and features may not be available in all locations, or on all receivers, Satellite and streaming lineups vary slightly, Sirius, XM, SiriusXM and all related marks and logos are trademarks of Sirius XM Inc SYNC 4 w/Enhanced Voice Recognition - inc: 12" LCD capacitive touchscreen w/swipe capability, wireless phone connection, cloud connected, AppLink w/app catalog, 911 assist, wireless Apple CarPlay and Android Auto compatibility, digital owners manual and conversational voice command recognition
2 LCD Monitors In The Front
Siriusxm Traffic Real -Time Traffic Display
Driver Seat
Passenger Seat
40- 20-40 Folding Split -Bench Front Facing Manual Reclining Fold Forward Seatback Cloth Rear Seat w/Manual Fore/Aft Manual Tilt/ Telescoping Steering Column
Gauges - inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Trip Odometer and Trip Computer Power Rear Windows and Fixed 3rd Row Windows
Leather Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Proximity Key For Push Button Start Only
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Remote Releases - Inc: Keyfob Rear Window
Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
Rear HVAC w/ Separate Controls
HVAC - inc: Underseat Ducts, Auxiliary Rear Heater and Headliner/ Pillar Ducts Illuminated Locking Glove Box
Interior Trim - inc: Metal -Look Console Insert and Metal -Look Interior Accents Full Cloth Headliner
Vinyl Door Trim Insert
Metal - Look Gear Shifter Material
Cloth Front Captain' s Chairs - inc: 5- passenger seating, 8-way power driver seat ( power function for tilt and lumbar, manual recline), 4-way manual passenger seat (fore/ aft, recline) and 2- way manually adjustable head restraints Day -Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/ Driver And Passenger Illumination, Driver And Passenger Auxiliary Mirror Full Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 4 12V DC Power Outlets Front And Rear Map Lights
Fade -To -Off Interior Lighting
Full Carpet Floor Covering - inc: Carpet Front And Rear Floor Mats Carpet Floor Trim
Cargo Area Concealed Storage
Cargo Space Lights
-13-
Smart Device Remote Engine Start
Connected Navigation Integrated Navigation System w/Voice Activation Tracker System
Dashboard Storage, Driver / Passenger And Rear Door Bins Power 1st Row Windows w/ Driver And Passenger 1- Touch Up/ Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Trip Computer
Outside Temp Gauge
Digital/ Analog Appearance
Seats w/ Cloth Back Material
Foldable Rear Head Restraints
Front Center Armrest
Perimeter Alarm
Securilock Anti - Theft Ignition ( pats) Immobilizer
4 12V DC Power Outlets
Air Filtration
Electronic Stability Control ( ESC) And Roll Stability Control ( RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat -Mounted Side Airbags Reverse Sensing System Rear Parking Sensors
BUS ( Blind Spot Information System) Blind Spot
Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation - Front
Driver Monitoring -Alert
Pre -Collision Assist with Pedestrian Detection and Cross -Traffic Alert Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Airbag Occupancy Sensor
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts - inc: Rear Center 3 Point, Height Adjusters and Pretensioners Safety Canopy System Curtain 1 st, 2nd And 3rd Row Airbags Mykey System - inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Back - Up Camera w/ Washer
-14-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director prrl SUBJECT: Consideration of Proposals for the City' s Tow Rotation List Program beginning January 1, 2024, and ending December 31, 2025 RECOMMENDATION: Staff recommends the City Council review the Proposals from the Tow Operators / Companies, and award Agreements to
participate in the City' s Tow Rotation Program and authorize the Mayor to execute the necessary agreements.

FISCAL IMPACT: The cost to the City regarding the implementation of the Tow Rotation Program will be borne by the owner of the towed vehicle with minimal fiscal impact on the City. Those costs will be recovered by payment at the time a vehicle owner collects his/ her vehicle. The tow companies charge their own separate fees for services which are also collected at the time a vehicle owner collects his/ her vehicle from their storage yard fees for service will be attached to the Tow Company Agreements).

PUBLIC NOTICE: Staff advertised the availability of the Request for Proposals RFPs) on the City's webpage and mailed copies of the RFP to each of the current service providers on August 10, 2023 ( see Notice Attached as Exhibit- 1).

No further public notice is required prior to the City Council taking action on this item other than posting of the Agenda in which the subject matter is posted at three ( 3) public places per City Council Resolution and on the City' s Website.

Approved Motion Second Agenda Item No. LV
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
City Council Meeting of
October 10, 2023
2024 - 2025 Tow Rotation Agr. CCSR
BACKGROUND: The City Council, since 1994, has regulated Tow Operators who have participated in the City's Tow Rotation Program. The Agreements have been for approximately two ( 2) year terms with the current Contract term ending December 31, 2023.

As noted above, staff circulated a Request for Proposals ( RFPs) on August 10, 2023, and posted a notice on the City' s webpage that same week. Proposals were received until Thursday, August 31, 2023, at 5: 30 p. m. Staff received seven ( 7) Proposals which include ( in alphabetical order): A & G Towing Services, Armada Towing, Bill & Wags Towing, Edwin' s Towing, Pepe' s Towing, Statewide Towing, and Wilson' s Towing. Six ( 6) of the proposals are the same companies that are currently in the City' s Tow Rotation Program, the new submittal from Bill and Wags was also received for the City Council' s consideration.

REVIEW: Staff has analyzed each Tow Operator/ Company Proposal ( hereinafter referred to as " Operator") and has the following comments and/ or conclusions ( a copy of each Operator's CHP Form 234A is attached - see Exhibit 2). A summary comparison of the tow operator' s proposals is also attached as Exhibit 3 for City Council' s information which includes a listing of the proposed tow rates.

1. A & G Towing, 591 East Ninth Street, San Bernardino, CA 92410 Staff Review: The Operator has participated in the Program for over fifteen ( 15) years in good standing. Its primary storage facility is located at 591 East Ninth Street ( in the City of San Bernardino) but within an acceptable distance from the City' s corporate boundaries. A& G Towing is proposing a slight increase in their service rates but close to the average rates charged by the other tow companies. They have a separate day and night fee — which they tell staff was a California Highway Patrol requirement. All the required forms, proof of insurance, and site plan were submitted.

Recommendation: The Operator meets all requirements of the RFP and therefore staff is recommending they be approved for a City Tow Rotation Agreement.

2. Armada Towing, 2285 East 6t" Street, San Bernardino, CA 92410 Main Office is 8623 Carob Street, Fontana, CA 92335)
Staff Review: The Operator has participated in the Program for over fifteen ( 15) years in good standing. Its primary storage facility is located at 2285 East Sixth Street ( in the City of San Bernardino near Highland' s westerly corporate boundary) which serves as its main and only facility contiguous to the City of Highland. Their service rates will increase but close to the average rates charged by the other tow companies submitting a proposal. All the required forms, proof of insurance, and site plan were submitted.

Recommendation: The Operator meets all requirements of the RFP and therefore staff is recommending they be approved for a City Tow Rotation Agreement. 2 -2-
City Council Meeting of
October 10, 2023
2024 - 2025 Tow Rotation Agr. CCSR

3. Bill & Wag' s Towing Inc. 945 W. Brookton Ave, Redlands, CA 92374 Staff Review: The Operator is a new addition to the program. The Operator' s closest storage facility is located at 946 W. Brookton Avenue ( within the City of Redlands) approximately 2 miles from the City' s southerly corporate boundary. Bill & Wag' s service rates are slightly higher than the average rates charged by all the other tow companies. All the required forms, proof of insurance, and site plan were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP with the exception of the distance to the storage facility from City' s corporate boundary which exceeds the required maximum of 1. 5 miles. However, the Council has waived this requirement in the last seven ( 7) Program cycles and has not posed a problem with regards to response time - which is a maximum of 20 minutes. The City Council may again waive the distance requirement if it so chooses and therefore staff recommends Bill & Wag' s be approved for a City Tow Rotation Agreement.

4. Edwin' s Towing Inc. 25003 E. 5th Street, San Bernardino, CA 92410 Staff Review: The Operator has participated in the Program for two ( 2) years and will be the only tow operator within the City' s corporate boundaries. On September 7, 2021, the Planning Commission approved a Conditional Use Permit ( CUP- 21- 005) entitlement authorizing Edwin' s Towing, Inc. to operate a towing business/ yard at 25003 E. 5tn Street within the City's Business Park Zoning District. Edwin' s is proposing a slight increase in their service rates but close to the average rates charged by the other tow companies. All the required forms, proof of insurance, and site plan ( i. e., CUP) were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP and therefore staff recommends they be approved for a City Tow Rotation Agreement.

5. Pepe' s Tow Service, Inc., 1303 Victoria Street, San Bernardino, CA 92408 Main Office is 14351 Veterans Way, Moreno Valley, CA 92553) Staff Review: The Operator has participated in the Program for over fifteen ( 15) years in good standing. Its primary storage facility is located at 1303 Victoria Street, within the City of San Bernardino and its secondary storage facility is located at 2000 West Key Street, Colton, CA. All the required forms, proof of insurance, and site plan were submitted. The primary storage facility in San Bernardino is over two ( 2) miles from the City' s boundary. Pepe' s Towing is proposing a slight increase in their service rates — but close to the average rates charged by the other tow companies.

Recommendation: The Operator meets all requirements of the RFP with the exception of the distance to the storage facility which exceeds the required maximum of 1. 5 miles. 3 -3-
City Council Meeting of
October 10, 2023
2024 - 2025 Tow Rotation Agr. CCSR
However, the Council has waived this requirement in the last seven ( 7) Program cycles and has not posed a problem with regards to response time - which is a maximum of 20 minutes. The City Council may again waive the distance requirement if it so chooses and therefore staff recommends Pepe' s be approved for a City Tow Rotation Agreement.

6. Statewide Towing & Recovering Inc. 376 S. Waterman Ave, San Bernardino, CA 92408
Staff Review: The Operator has participated in the Program for two ( 2) years. The Operator' s closest storage facility is located at 376 E. Waterman Avenue ( within the City of San Bernardino) approximately 1. 4 miles from the City' s westerly corporate boundary. Statewide is proposing a slight increase in their service rates — but close to the average rates charged by the other tow companies. All the required forms, proof of insurance, and site plan were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP and therefore staff recommends they be approved for a City Tow Rotation Agreement.

7. Wilson Towing L. L. C., 2310 East Third Street, San Bernardino, CA 92410 Staff Review: The Operator has participated in the program since 1994 ( 29 years) and is in good standing. The Operator' s storage facility is located at 2310 E. 3rd Street within the City of San Bernardino) at the City' s westerly corporate boundaries. Wilson' s is proposing a slight increase in their service rates — but close to the average rates charged by the other tow companies. All the required forms, proof of insurance, and site plan were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP and therefore staff recommends they be approved for a City Tow Rotation Agreement.

ANALYSIS: The operators meet the requirements outlined in the RFP, however, only Edwin Towing is located within the City' s corporate boundary. Four ( 4) are located within the City' s preferred one and one- half mile ( 1. 5 miles) radius from the City's corporate boundary ( A& G Towing, Armada Towing, Statewide Towing, and Wilson' s Towing). Pepe' s Towing and Bill & Wags Towing are beyond the distance from the City' s corporate boundary requirement ( 2 miles respectively); however, staff recommends they be given the same waiver consideration as in the past. The six ( 6) existing tow companies have served the City of Highland well over the last two years, and staff anticipates the newest proposal from Bill & Wags Towing will provide the same level of service. No concerns have been identified by the City's Code Enforcement Division, the Public Works Department, the Fire Department, and the City Police Department.
4 -4-
City Council Meeting of
October 10, 2023
2024 - 2025 Tow Rotation Agr. CCSR
Section 2( K) of the related Agreement stipulates that the tow operator shall also be available to tow any City vehicle at no charge, inclusive of vehicles associated with Police and Fire.

Not included in this round of Tow Rotation Agreements is a future Tow Yard and Office recently entitled by the Planning Commission to be located within the City limits at 24989 5tn Street. It will take some time for the business owner to develop their property, so they were not included as a tow company for City Council' s consideration. However, they will be considered once they obtain their City Business License and Certificate of Occupancy late in 2024.

The City Attorney also reviewed the draft Agreement as to form ( see RFP, Exhibit 1 and Exhibit 4). All seven ( 7) interested tow companies have acknowledged and signed the Agreement as of the posting date of this staff report.

As noted herein, staff is recommending the City Council award Agreements to all seven ( 7) tow companies to participate in the City' s two ( 2) year Tow Rotation Program ( January 1, 2024, and December 31, 2025).

Exhibits: Exhibit 1 -- RFP Packet ( inclusive of the Final Agreement as to Form) Exhibit 2 — Operators' Proposals ( California Highway Patrol Form 234A) Exhibit 3 -- Summary Comparison
Exhibit 4 — Final Agreement as to Form
5 -5-
EXHIBIT 1
RFP Packet
-6-

REQUEST FOR PROPOSAL

TOWING SERVICE ROTATION LIST

FOR THE

CITY OF HIGHLAND

TOW ROTATION PROGRAM
2024 and 2025
HI
City of Highland
27215 Base Line
Highland, CA 92346
August 10, 2023

Page 1 ends

-7-

REQUEST FOR PROPOSALS

TOW SERVICES ROTATION LIST

FOR THE

CITY OF HIGHLAND

TOW ROTATION PROGRAM
The City Council of the City of Highland is inviting proposals from qualified towing companies who wish to enter into an agreement with the City for the provision of rotational towing services for the removal of vehicles from the public right- of-way ( i. e. " Off -Site Vehicle Removal") and for the removal of inoperative vehicles from private property ( i. e.

Vehicle Abatement Services") at no cost or charge to the City of Highland, its Fire Department and/ or the City' s Police Department as well as the towing of City vehicles ( i. e. cars, trucks, police / sheriff patrol cars, and fire trucks and equipment) as necessary.

The Agreement attached contains rules and regulations a tow company must agree to comply with in order to receive a position on a rotation tow listing with the City. Participation in the City of Highland Rotation Tow Program (" Program" is voluntary), Compliance with the terms and conditions of the Tow Services Agreement is mandatory for towing companies participating in the Program.

GENERAL REQUIREMENTS:

No tow company submitting an application for the Program shall have a financial interest in any other tow company and/ or applicant within the City of Highland.

Financial interest includes shared: business license, insurance, TOW TRUCK and equipment ownership, and employees.

2. The tow company must be located within a one and one- half ( 1'/ 2) mile radius from City limits in order to respond in less than twenty ( 20) minutes ( maximum Response Time) and have an active City business license to be considered for the Program.

3. A tow company must have a valid business license at all times that it participates in the Program. Any tow company that fails to maintain a valid business license with the City shall be removed from the Program as set forth in the Agreement.

4. Each location, if an Operator has more than one Storage Facility, will be reviewed on an individual basis, and any new proposed locations in the City shall be approved by the City' s Planning Division before the Operator is allowed to participate in the Program.

5. The performance period of the Agreement will be for two ( 2) years, beginning January 1, 2024, and terminating on December31, 2025. Tow companies and/ or operators not participating in the Request for Proposal ( RFP) process will not be

Page 2 ends

-8-
eligible to participate in the Program until the City establishes an open enrollment period.

6. The fees charged for response calls must be reasonable. The reasonableness of the fees charged will be determined in the following manner ( Form CHP 234A may be used to list rates for services):

A. The tow company shall submit his/ her proposed hourly rate to the City. The City shall determine the validity and reasonableness of the submitted rate.

B. Validity will be based upon telephone quotes, posted rates, charges to retail customers, etc. Any submitted rate in excess of a tow company' s retail rate will be considered invalid and will not be accepted. A tow company who submits an invalid rate shall not be allowed to resubmit a new rate and will be disqualified from participating in the Program until the next enrollment period.

C. Reasonableness shall be determined as compared to other rates.

7. For special operations involving Class B, C, and D tow trucks, the tow company shall submit proposed fees for vehicle recovery operations and load salvage operations.

Fees shall be reasonable and consistent with industry standards for similar operations.

A. The proposal shall include hourly rates for the following:
1) Auxiliary Equipment, e. g., airbags, converter gear / dolly, additional trailers, etc.
2) Contracted Equipment, e. g., airbags, converter gear / dolly, additional trailers, forklifts, scoop loaders, etc.
3) Contract labor.

B. The City shall determine the reasonableness of the fees for these types of operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations.

8. The tow company shall submit his/ her proposed storage fees, for inside and outside storage, to the City. The City shall determine the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation.

SCOPE OF WORK:

Page 3 ends

-9-
This RFP includes the information necessary to be considered for the Program. The RFP contains the following documents:

1. Agreement for Towing Services ( included herein) - The Agreement sets forth the parameters a tow company must adhere to such as:

A. Tow truck classifications and driver requirements.

B. Rate structures or limitations.

C. Response to calls regulation and restrictions.

D. Storage facility requirements.

E. Insurance requirements and limitations.

F. Inspections, audits, and compliance with the law provisions.

G. Procedures for disciplinary action and hearing process.

2. Attachments to the Agreement include:

A. General Equipment Specifications and Use Requirements.

B. Reserved for Operator' s Proposal.

PROPOSAL SUBMITTAL REQUIREMENTS:

The following items must be submitted to City to be considered for the Program:

1. Completion of the California Highway Patrol Form CHP 234A ( Form CHP 234A is to be used as the Program Application). Current Vehicle Inspection Certification Form CHP 234B) shall be submitted on each vehicle to be used in the Program.

Vehicles may be added to the list of approved vehicles as outlined in the Agreement.

2. Proof of insurance from a California admitted or approved company verifying required levels and amounts of coverage.

3. A Rate Schedule as identified in the attached Agreement. Form CHP 234A may be used as long as all required rates of the Agreement are included on said Form.

4. A copy of the City of Highland Business License for the Tow Company/ Operator.

5. A fully dimensioned Site Plan of the tow company' s business and storage yard shall be submitted with the Application package. The plan shall be drawn to an engineer scale not to exceed 1" = 50' or less than 1" = 20', with a north arrow oriented to top of the Plan. The Plan shall include the following information:

A. Name, address and phone number of the applicant / tow company.

B. Property lines and lot dimensions.

C. Dimensions of all access points to the Site ( pedestrian and vehicular), off -

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street parking areas, loading areas, and parking spaces for customers and employees.

D. Location of all building structures and the distances between buildings and the property lines.

E. Location of all driveways and landscape planters or areas.

F. Location of all building security lights and parking lot lights.

G. Location and type of perimeter fencing.

Tow companies and operators interested in participating in the Program shall submit the requested information, completed Forms, and any other pertinent information to:

Lawrence Mainez
Community Development Director
City of Highland
27215 Base Line
Highland, CA 92346
All proposals are due to the City of Highland by no later than 5: 30 p. m. on Thursday, August 31, 2023 An applicant shall submit two ( 2) copies of the proposal. One ( 1) proposal must be a reproducible, unbound copy ( no colored copies). Failure to comply with the instruction set forth in the RFP and the Agreement will be considered as non -responsive and will not be accepted. Furthermore, the City Council reserves the right to reject any and all bids at any time during this process.

This new Agreement will replace all existing operators on the City' s Tow Rotation Program list in effect with the City of Highland.

Any questions regarding this RFP should be forwarded to Lawrence Mainez, Community Development Director, at Highland City Hall, ( 909) 864-6861 Extension 215, Imainez(o-)-cityofhighland. org or Camille Goritz, Administrative Assistant III, Extension 214, cgoritz(aD-cityofhighland. org.

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AGREEMENT FOR SERVICES:

The following is the Agreement which will be required to be executed by all Tow Companies once their Proposals are approved by the City Council.

AGREEMENT BETWEEN THE CITY OF HIGHLAND AND

FOR TOWING SERVICES

IN THE CITY OF HIGHLAND
THIS AGREEMENT made and entered into this day of
2023, by and between the City of Highland ( hereinafter referred to as " CITY") and , a Towing Company (hereinafter referred to as the " OPERATOR"). The CITY and OPERATOR shall be referred to collectively as "the Parties."

WITNESSETH
WHEREAS, CITY seeks to engage the services of the OPERATOR to participate in CITY Tow Rotation Program (" PROGRAM") for towing services throughout the CITY for the removal of vehicles from the public Right -of -Way (i. e. " Off -Site Vehicle Removal") and the removal of inoperable vehicles from private property ( i. e. " Vehicle Abatement Services") at no cost or charge to the CITY, or its contract services with the San Bernardino County Sheriffs Department.

WHEREAS, CITY agrees to utilize, on a rotational basis, for the PROGRAM, only those OPERATOR( S) located in the CITY or located within a mile and a half of the CITY, who have signed an Agreement with the CITY.

WHEREAS, the OPERATOR who is a signatory to this Agreement, has completed and submitted the necessary Towing Applications and other documents required by CITY and has been approved by the CITY to participate in the PROGRAM.

WHEREAS, OPERATOR represents that it has the necessary expertise, equipment, storage facilities, personnel and insurance to meet all requirements of CITY to provide towing services within the CITY.

WHEREAS, CITY has relied upon OPERATOR representations in entering into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

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Section 1. Definitions.

The following defined terms shall be used in this Agreement:

APPEAL: The final level of review for written reprimands, suspensions, terminations, or review of a CITY'S decision regarding disciplinary action.

AREA: City of Highland Corporate Boundary.

CHP: The Department of the California Highway Patrol.

ENROLLMENT PERIOD: The period of time when a tow company may submit an application for inclusion on the CITY'S Rotation Tow List.

LOAD SALVAGE OPERATIONS: Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle. This will be limited to operations involving Class B, C, and D TOW TRUCKS.

NOTICE: All notices relating to this Agreement shall be in writing and delivered to the other Party in person, via FAX, or by US Mail.

OPERATOR: A tow service which has signed the Tow Service Agreement and is approved to receive CITY referred calls. The term, " operator" refers to the company, its owner( s), and its manager( s) who have authority to enter into an Agreement with the CITY for towing services and to conduct business in accordance with the terms of this Agreement.

PORTAL TO PORTAL: Service shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the TOW TRUCK back into service when unusual circumstances require additional time that are not part of normal operating procedures. ( Examples: 1) 4 X 4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment; 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; 3) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.)
POSSESSION: Pursuant to Section 3068. 1 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.

PUBLIC SAFETY RESPONSE: A response which results in a storage of a vehicle at the direction of an officer. This does not include storage at the request of the vehicle

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operator, registered owner, or agent.

RECOVERY OPERATION: An operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle. This will normally be limited to operations requiring a Class B, C or D TOW TRUCK(s).

RESPONSE TIME: The period of time from an operator' s notification by the CITY Communications Center of a call to the arrival of the TOW TRUCK at the location requested.

RETAIL RATE: The usual customary retail rate charged by an operator to individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.

SUSPENSION: Removal of an operator from the CITY' S Rotation Tow List for a specified period of time. Suspensions may be for periods longer than the current term of the Agreement.

TERMINATION: Permanent removal of a tow operator from the CITY' S Rotation Tow List for the remainder of the term of the Agreement and disqualification from any further participation in the PROGRAM.

TOW TRUCK: A tow truck as defined in Section 615( a) of the California Vehicle Code.

Also includes slide back carriers and wheel life vehicles.

TOW DISTRICT: The geographical area in which an operator may receive CITY referred calls.

WRITTEN REPRIMAND: A written notice to an operator which specifies any violation( s) of the Tow Service Agreement, orders corrective action, and warns of further action( s) to be taken if corrective action is not taken.

Section 2. General Responsibilities of OPERATOR.

A. OPERATOR shall provide towing services at the request and direction of the San Bernardino County Sheriffs Department ( hereinafter referred to as the HIGHLAND POLICE DEPARTMENT") and CITY' S Code Compliance Division for all tows necessary from public Right -of -Way and from private property. Calls for towing services from public Right -of -Way shall be initiated by the HIGHLAND POLICE DEPARTMENT and calls for towing services from private property shall be initiated by the CITY'S Code Compliance Division under the CITY'S Vehicle Abatement Program.

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B. The OPERATOR shall be responsible for reasonable cleanup of debris left at the scene of a collision or at the direction of the HIGHLAND POLICE DEPARTMENT.

C. There shall be no charge or fee to the CITY, including the CITY' S Code Compliance Division, or the HIGHLAND POLICE DEPARTMENT for any towing services by the OPERATOR to include vehicles towed at the request of the CITY/HIGHLAND POLICE DEPARTMENT in which the vehicle is used in the commission of a crime or other matters in which the vehicle must be impounded for investigation and/or further analysis. All charges or fees shall be applied only to the legal owner or registered owner of the vehicle or to the property owner as appropriate. All reference to charges or fees in this Agreement and in exhibits thereto shall refer to charges against the vehicle owner and not to the CITY, including the CITY' S Code Compliance Division, or the HIGHLAND POLICE DEPARTMENT.

D. If the OPERATOR called is unable to respond within 20 minutes (" MAXIMUM RESPONSE TIME"), the OPERATOR must advise the originator of the call ( either the HIGHLAND POLICE DEPARTMENT or CITY' S Code Compliance Division, as appropriate) at the time of the call regarding the anticipated RESPONSE TIME. If the anticipated RESPONSE TIME is unacceptable, other towing arrangements will be made by HIGHLAND POLICE DEPARTMENT or CITY' S Code Compliance Division.

E. The OPERATOR will furnish satisfactory evidence of liability insurance, provide adequate protection of disabled vehicles, and any property contained in such vehicles, while being towed and during storage. Policy expiration dates and any notice of cancellation will be furnished to the CITY immediately upon receipt by the OPERATOR.

F. The OPERATOR shall maintain records of tow services furnished including a description of vehicles, nature of service and time and location of calls. Such records may be inspected at anytime by the HIGHLAND POLICE DEPARTMENT and CITY. The OPERATOR shall mark the windshield of each vehicle towed as part of the PROGRAM to read: " City of Highland" and either " impounded" or stored."
G. The OPERATOR and its TOW TRUCK drivers shall be properly licensed, in accordance with California Vehicle Code (" CVC") Sections 12804. 7 and 12804. 9( b) and the CITY' s business license requirements.

H. Towing vehicles shall be maintained in compliance with the provisions of CVC Sections 24605, 25253, 25300, 27700, and 27907.

J. The OPERATOR shall comply with CVC Section 10652 in reporting the storage of vehicles over 30 days. The HIGHLAND POLICE DEPARTMENT will be

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furnished a copy of the Report, which the OPERATOR is required to furnish to the Department of Justice by Registered Mail.

K. The OPERATOR shall also be available as necessary to tow any CITY vehicle. at no charge. Such vehicles will include: CITY Vehicles, Highland Fire Department / CDF California Department of Forestry (" CalFire") Trucks and associated vehicles, and HIGHLAND POLICE DEPARTMENT patrol cars and associated vehicles. Further, the OPERATOR shall assist the CITY and HIGHLAND POLICE DEPARTMENT in changing flat tires, jump start dead batteries and/or other incidental vehicle problems that may occur from time -to -time during the Agreement period.

L. The OPERATOR shall provide to the CITY applicable Forms CHP 234A, CHP 234B and CHP 234F that shall be kept current during the time period of this Agreement ( see Attachment B).

Section 3. Responsibilities of CITY.

A. The CITY shall establish and maintain a Rotational Tow List (" LIST") for each class of TOW TRUCK, which shall be used by the HIGHLAND POLICE DEPARTMENT and CITY' S Code Compliance Division.

Section 4. Rotation Lists.

A. The CITY shall maintain a LIST for each class of TOW TRUCK to ensure an equitable distribution of calls.

B. Nothing shall prohibit a Class B, Class C, or Class D OPERATOR from maintaining a place on a lighter class LIST.

1. Regardless of the class of TOW TRUCK utilized or responding to the call, charges shall not be more than the class of vehicle towed or serviced, except when recovery operations require a larger class of truck.

C. A call to an OPERATOR shall constitute one turn on the LIST and the OPERATOR shall be moved to the bottom of the LIST. This includes when the OPERATOR fails to answer the phone, is unable to respond, or is canceled because the OPERATOR cannot respond in less time than the MAXIMUM RESPONSE TIME. If it is determined that the OPERATOR is not needed and is canceled by the CITY/ HIGHLAND POLICE DEPARTMENT, up to and including the time the OPERATOR arrives at the scene, there shall be no charges and the OPERATOR will be placed back at the top of the LIST.

1. If the OPERATOR is canceled by the vehicle' s owner or agent prior to the OPERATOR taking POSSESSION of the vehicle, there shall be no charges

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for towing. The OPERATOR shall immediately contact the
CITY/ HIGHLAND POLICE DEPARTMENT and advise them of the cancellation. The OPERATOR will then be placed back at the top of the LIST.

2. If service, other than towing and recovery, has begun and is canceled by the vehicle' s owner or agent, the OPERATOR may charge a minimum of one- half of the regular hourly service charge, for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the OPERATOR has presented a written statement to the vehicle' s owner or agent for the signed authorization of services to be performed. a. The OPERATOR shall not attempt to take POSSESSION of the vehicle in order to establish a lien for any non -towing services performed, or begun and subsequently canceled, when not entitled to such lien by law. Refer to Civil Code Section 3068. 1 for when a lien begins.

D. If two or more OPERATORS are called to the same incident, distribution of the vehicles shall be at the discretion of the HIGHLAND POLICE DEPARTMENT.

E. HIGHLAND POLICE DEPARTMENT may direct an OPERATOR to move vehicles to help clear a roadway or for lifesaving operations. OPERATORS shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR' S place on the LIST.

F. An OPERATOR must have a business office and/ or storage facility located within the CITY, or within a one and half mile radius of the CITY' S boundaries. A secondary business and storage facility, whether within the CITY limits or not, does not qualify the OPERATOR for an additional position on the LIST.

Section 5. TOW TRUCK Classifications.

A. An OPERATOR shall equip and maintain TOW TRUCKS covered under this Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations and the specifications contained in this Agreement, and consistent with industry standards and practices.

Notwithstanding CVC Section 615, all TOW TRUCKS shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of the Agreement, " a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary TOW TRUCK for the LIST.

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2. An OPERATOR who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.

B. A violation of the Gross Vehicle Weight Rating (" GVWR") and safe loading requirements of a TOW TRUCK shall be cause for immediate suspension. This includes exceeding the TOW TRUCK' S GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the TOW TRUCK' S unladen weight on the front axle when lifting / carrying a load.

C. There will be four classes of TOW TRUCKs covered under this Agreement.

1. Class A - Light Duty
a. An OPERATOR shall maintain a minimum of one TOW TRUCK with a manufacturer' s GVWR of at least 10, 000. Class A equipment specifications can be found in Attachment A of this Agreement. 1) The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is
required.
2) A "trailer for hire" shall not be approved for listing as a Class A TOW TRUCK.
3) Tow companies whose equipment had previously been
approved, but who do not have wheel lift capabilities, may apply for and receive a Class A Tow Rotation Listing.

However, equipment purchased on or after July 1, 2000,
shall not be approved unless the equipment brings the
OPERATOR into compliance with the minimum
requirements.

2. Class B - Medium Duty
a. An OPERATOR shall maintain at least one TOW TRUCK with a manufacturer's GVWR of at least 19, 501 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
1) The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

3. Class C - Heavy Duty

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a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer' s Gross Vehicle Weight Rating ( GVWR) of at least 33,000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
b. The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

4. Class D - Super Heavy Duty
a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer' s GVWR of at least 50, 000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle. b. The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

5. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Attachment B of this Agreement.

D. The OPERATOR shall only use those TOW TRUCKS approved by the CITY to be part of the PROGRAM.

Section 6. Tow Drivers.

A. The OPERATOR shall ensure that TOW TRUCK drivers responding to calls initiated by the HIGHLAND POLICE DEPARTMENT OR CITY' S Code Compliance Division are qualified and competent employees of the OPERATOR. The OPERATOR shall ensure that the TOW TRUCK drivers are trained and proficient in the use of the TOW TRUCK and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the PROGRAM. TOW TRUCK drivers shall be at least 18 years old and possess the following minimum Class Driver' s License:

1. Class A TOW TRUCK - A valid Class C License, or a valid Class A License with valid Medical Certificate.

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2. Class B TOW TRUCK - A valid Class C License for non -regulated vehicles, or a valid Class A License with valid Medical Certificate for regulated vehicles pursuant to CVC Section 34500.

3. Class C TOW TRUCK - A valid Class A License with valid Medical Certificate.

4. Class D TOW TRUCK - A valid Class A License with valid Medical Certificate.

B. The Class A Licenses must be endorsed to allow operation of special vehicle configurations and/ or special cargoes ( Refer to Attachment A).

C. The OPERATOR shall maintain a current list of drivers.

1. The OPERATOR shall provide a current list of his/ her drivers to the CITY.

The OPERATOR shall notify the CITY upon any change in driver status, including the addition of any new driver( s), or the deletion of any driver( s).

An updated list shall be provided to the CITY within seven ( 7) calendar days of any change in driver status.

2. OPERATORS, shall at a minimum, maintain the following information for each employee ( Form CHP 234F may be used to provide the information):
a. Full Name.
b. Date of Birth.

C. California Driver License Number.
d. Copy of valid Medical Certificate, if applicable.
e. Job Title / Description.
f. Current Home Address.
g. Current Home Telephone Number.
h. Type( s) of truck( s) driver has been trained and instructed to operate.

D. All TOW TRUCK drivers and the OPERATOR shall be enrolled in the California Department of Motor Vehicles Employer Pull Notice Program (" Pull Notice Program").

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1. Upon the addition of new drivers, an OPERATOR will be granted a maximum of 30 days to enroll in the Pull Notice Program.

2. Pull Notices shall be kept on file, signed, and dated by the OPERATOR.

3. The CITY may require an OPERATOR to provide copies of Pull Notice Reports to the CITY from time -to -time.

Section 7. Rates.

A. Fees charged for response calls originating from the CITY' s Code Compliance Division or HIGHLAND POLICE DEPARTMENT, shall not exceed the rates set forth in Attachment B.

B. The rate for towing shall be from PORTAL to PORTAL and may be at a one hour minimum. Charges in excess of one hour may be charged in up to fifteen 15) minute increments. There shall be no additional charges for mileage, labor, etc. and/or for an OPERATOR' S time to release a vehicle when the storage facility is not at the same location and the request for the vehicle' s release is made within typical business hours and days. In addition, if the HIGHLAND POLICE DEPARTMENT requests a tow from a storage facility to the Special Investigation Division ( SID) of the San Bernardino County Sheriff's Department, there shall be no additional charges to the CITY or owner of the vehicle. Secondary towing requested by the vehicle owner or his/ her agent may be negotiated by the OPERATOR in accordance with the OPERATOR'S private business practices.

1. The OPERATOR may charge up to a one -hour minimum per call on PUBLIC SAFETY RESPONSE calls.

2. The OPERATOR shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

C. Rates for service calls ( out of gas, lockouts, etc.) shall be from PORTAL TO PORTAL, and may be at the hourly rate with a thirty (30) minute minimum. Charges in excess of thirty ( 30) minutes may be charged in up to fifteen ( 15) minute increments.

D. Fees for Special Operations.

1. For special operations involving Class B, C, and D TOW TRUCKS such as vehicle recovery operations and LOAD SALVAGE OPERATIONS, the fees shall not exceed the rates set forth in Attachment B. Charges in excess of thirty -minutes may be charged in up to fifteen ( 15) minute increments.

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2. OPERATOR shall submit a mark- up rate ( percentage of the cost to the OPERATOR) for retail equipment and specialized labor not otherwise listed on Attachment B.

3. If OPERATOR performs a service for which a required rate was not submitted to, and approved by, the CITY, the OPERATOR shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the OPERATOR may only charge for the actual rate paid for the labor.

E. The total fees charged for after- hours release shall be no more than one- half 1/ 2) the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.

F. Storage Fees.

1. Storage fees, for inside and outside storage, shall not exceed the rates set forth in Attachment B.

2. The OPERATOR shall display in plain view at all cashier' s stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.

3. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day.

G. This Section of the Agreement shall not apply if the OPERATOR responds to a CITY/ HIGHLAND POLICE DEPARTMENT call in a location where towing rates for all tow companies are established by a City or County Ordinance.

H. The schedule of rates charged by the OPERATOR shall be made available upon demand to person( s) for whom the tow services were provided or his/ her agent, or any CITY representative.

The Rate Schedule included in Attachment B represents the maximums an OPERATOR may charge on a CITY/ HIGHLAND POLICE DEPARTMENT call. An OPERATOR is not precluded from charging less when deemed appropriate by the OPERATOR. These requirements shall not be construed as requiring a charge when an OPERATOR would not normally charge for such service.

1. No OPERATOR or employee shall refer to any rate as the minimum required or set by the CITY.

Section 8. Response to Calls.

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A. The OPERATOR shall respond to CITY/ HIGHLAND POLICE DEPARTMENT calls 24 hours a day, seven days a week, within the MAXIMUM RESPONSE TIME. The OPERATOR shall advise CITY/ HIGHLAND POLICE DEPARTMENT, at the time of the notification, if they are either unable to respond or unable to meet the MAXIMUM RESPONSE TIME. If, after accepting the call, the OPERATOR is unable to respond or will be delayed in responding, the OPERATOR shall immediately notify the CITY/ HIGHLAND POLICE DEPARTMENT. The OPERATOR shall not assign initial calls to other OPERATORS.

1. Failure( s) to respond and/ or failure( s) to meet the MAXIMUM RESPONSE TIME requirements shall constitute failure to comply with the terms and conditions of this Agreement.
a. The CITY may take immediate disciplinary action for any violation of the requirement to respond within the MAXIMUM RESPONSE TIME.
b. When an OPERATOR will be temporarily unavailable to provide services due to a preplanned / scheduled activity, e. g. vacation, maintenance, medical leave, etc., the OPERATOR shall notify the CITY at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

B. The OPERATOR, or his/ her employee( s) responding to a CITY/ HIGHLAND POLICE DEPARTMENT call, shall perform the towing or service required for which he/ she was called. This requirement may be waived by the CITY/ HIGHLAND POLICE DEPARTMENT, if the requested equipment is inadequate for the service to be performed.

1. Any refusal to respond or to perform the required towing or service will subject the OPERATOR to SUSPENSION, if deemed appropriate by the CITY.

C. An OPERATOR shall not respond to a CITY/ HIGHLAND POLICE DEPARTMENT call assigned to another OPERATOR, unless requested to do so by the CITY/HIGHLAND POLICE DEPARTMENT.

1. There may be times when the OPERATOR assigned the initial CITY/ HIGHLAND POLICE DEPARTMENT call may require the
assistance of an additional OPERATOR at the scene. The OPERATOR assigned the initial call may, subject to prior agreement with the CITY/ HIGHLAND POLICE DEPARTMENT, and with the concurrence of the CITY/ HIGHLAND POLICE DEPARTMENT, request a specific OPERATOR to assist him/ her. The request shall be routed to the additional OPERATOR through the CITY/ HIGHLAND POLICE

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DEPARTMENT.

2. There may be times when an OPERATOR, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a HIGHLAND POLICE DEPARTMENT officer requests his/ her assistance in clearing the roadway. In such a case, the OPERATOR may be requested to move the vehicle to a safe location, as directed by the HIGHLAND POLICE DEPARTMENT officer and leave it.

There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR'S place in the rotation on the LIST.

D. Only the TOW TRUCK personnel and equipment requested shall respond to a CITY/ HIGHLAND POLICE DEPARTMENT call. Additional TOW TRUCK personnel and equipment shall be at the approval of the CITY/ HIGHLAND POLICE DEPARTMENT. This shall not preclude the OPERATOR from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service.

Section 9. Storage Facility.

A. The OPERATOR shall provide adequate security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The OPERATOR is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.

B. If an OPERATOR has a storage facility within the CITY, the storage facility shall be in compliance with all Zoning and Development Regulations in effect during the term of this Agreement. In addition to Zoning and Development Regulations for such a use, OPERATOR shall comply with the following:

Vehicle storage area shall be improved with an impervious material such as Portland Concrete Cement (PCC) or Asphaltic Concrete (AC) or other surface as approved by the CITY'S Planning Division. Bare soil is not permitted.

2. All non -conforming signs shall be removed.

3. The storage lot shall be fenced and screened from view. The screening material can be either landscaping ( i. e. vines, bushes) or fencing material i. e. slats), or combination thereof.

4. Security lighting shall be provided in the storage lot area.

C. If the Community Development Director determines that the Storage Facility

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does not comply with the CITY'S Zoning and Development Regulations and the conditions set forth in this Section 9, the CITY' s Community Development Director, at his or her discretion, can seek to TERMINATE or SUSPEND the Agreement.

D. The OPERATOR shall notify the CITY/ HIGHLAND POLICE DEPARTMENT in writing, prior to the removal of property from a stored vehicle and will provide a receipt to the registered owner or his or her representative with a copy placed in the stored vehicle. The requirement to notify the CITY/ HIGHLAND POLICE DEPARTMENT prior to the removal of property may be waived by the CITY/ HIGHLAND POLICE DEPARTMENT in writing if determined that proper safeguards and procedures are utilized by the OPERATOR.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

2. The OPERATOR shall release personal property from the vehicle at the request of the vehicle owner or his/ her agent. If such a release is made, the OPERATOR shall notify the CITY/ HIGHLAND POLICE DEPARTMENT in writing prior to releasing the personal property.
a. Personal property is considered to be items which are not affixed to the vehicle.
1) Personal property includes: papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment, clothes, luggage, tools, etc.
2) Personal property from a stored vehicle shall be released upon request of the vehicle owner or agent, unless
prohibited by CITY/ HIGHLAND POLICE DEPARTMENT.

3. Cargo shall be released upon demand of the carrier, unless prohibited by CITY/ HIGHLAND POLICE DEPARTMENT, or pursuant to a court order.

E. The primary storage facility shall normally be at the same location as the business address and shall not be located greater than one and one- half ( 1. 5) miles from CITY limits. If the OPERATOR utilizes a second storage facility, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle, except as set forth above. There shall be no additional charge for transporting an impounded and/ or stored vehicle from the OPERATOR' S secondary storage facility to the primary storage facility if requested to do so by the CITY/HIGHLAND POLICE DEPARTMENT or the owner of the vehicle or his/ her authorized representative. Prior to the utilization of new storage facilities

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not listed on the Application for Rotation Tow Listing, the OPERATOR shall obtain the CITY' S approval and furnish the address.

1. Secondary storage facilities shall be located reasonably close ( as determined by the CITY' S Community Development Director and the HIGHLAND POLICE DEPARTMENT) to the main business office and approved by the CITY. Any changes to the location of the secondary storage facility without written approval by the CITY shall be prohibited and subject to Disciplinary Action as set forth in Section 18.

F. OPERATOR shall maintain sufficient storage spaces.

G. An OPERATOR' S place of business and storage facility, if separate from the place of business, shall have a sign that clearly identifies it to the public as a towing service. The sign shall also identify where a customer can file a complaint with the CITY regarding the PROGRAM. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.

H. For the purpose of this Agreement, "normal business hours" shall not be less than 8 a. m. to 5 p. m., Monday through Friday, and shall be manned during said business hours, except for the following holidays:

1. New Year' s Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran' s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

2. Business hours shall be posted in plain view to the public at both the place of business and/ or storage facility.

Employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles / property.

J. The release of vehicles shall be conducted in accordance with local HIGHLAND POLICE DEPARTMENT procedures.

Section 10. Insurance.

The OPERATOR shall maintain the following minimum levels of insurance from an insurance carrier admitted in California:

A. Minimum Scope of Insurance:

1. Insurance Services Office Commercial General Liability coverage Occurrence for CG 0001).

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2. Insurance Services Office Form Number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, Code 1 ( any auto).

3. Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance.

B. Minimum Limits of Insurance:

1. Commercial Business Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage with a combined single limit for Class A TOW TRUCKS. The combined single limits for Class B, C, and D TOW TRUCKS shall be not less than $ 1, 000, 000. These minimum standards are to include non -owned and hired auto coverage.

2. Employers Liability: $ 1, 000, 000 per accident for bodily injury or disease.

3. On -Hook Coverage: Insuring the vehicle in tow with limits based on the size of the TOW TRUCK.
a. Class A TOW TRUCK $ 75, 000
b. Class B TOW TRUCK $ 100, 000
C. Class C TOW TRUCK $ 200, 000
d. Class D TOW TRUCK $ 250, 000

4. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than 500, 000.

5. Garage Keepers Liability: Shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control of the OPERATOR in the storage yard.

6. Uninsured Motorist: Legal minimum, combined single limit.

7. In no case shall the required insurance coverage have a deductible greater than $ 1, 000.

C. Deductibles and Self -Insured Retention:

Any deductible or self -insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects to the CITY and the HIGHLAND

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POLICE DEPARTMENT, and their officers, officials, employees and volunteers: or the OPERATOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions:

The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

The CITY and the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers are to be covered as insured with respect to liability arising out of automobile owned, leased, hired or borrowed by or on behalf of the OPERATOR; and with respect to liability arising out of work or operations performed by or on behalf of the OPERATOR under the Agreement including materials, parts or equipment furnished in connection with such work or operation. General liability coverage can be provided in the form of an endorsement the OPERATOR' S insurance, or as a separated owner' s policy.

2. For any claims related to this AGREEMENT, the OPERATOR' S insurance coverage shall be primary insurance as respects the CITY and the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers. Any insurance or self- insurance maintained by the CITY or the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers shall be excess of the OPERATOR' S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by the OPERATOR, except after thirty 30) days' prior written notice by certified mail, returned receipt requested, has been given to the CITY.

4. Any failure to comply with
affect coverage provided
DEPARTMENT, and thei
volunteers.

E. Acceptability of Insurers:
r
reporting provisions of the policies shall not
to the CITY and the HIGHLAND POLICE
officers, official, agents, employees or
Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A: VII.

F. Verification of Coverage:

OPERATOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section. The endorsements

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C. The CITY/HIGHLAND POLICE DEPARTMENT may inspect all OPERATOR'S should be on forms provided by the CITY or on other forms or policies that are approved by the CITY and amended to conform to the CITY' S requirements. All certificates and endorsements are to be received and approved by the CITY before service commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Section 11. Inspections.

A. The HIGHLAND POLICE DEPARTMENT may conduct annual inspections of all TOW TRUCKS, at no charge to the OPERATOR and without notice during normal business hours.

The OPERATOR shall not dispatch a TOW TRUCK in response to a HIGHLAND POLICE DEPARTMENT or CITY Code Compliance Division call that has been found in violation of the terms and conditions of this Agreement. The HIGHLAND POLICE DEPARTMENT shall inspect a TOW TRUCK within thirty (30) calendar days of a request from an OPERATOR.
1 . Any OPERATOR who fails an inspection is entitled to only one re - inspection. Failure to pass the re -inspection shall be cause for the disqualification of the TOW TRUCK from use on the LIST. The TOW TRUCK shall be disqualified until the next enrollment period.

Section 12. Business Records.

A. The OPERATOR shall maintain records, at his/ her place of business, of tow services furnished.

1. Invoices shall at a minimum include a description of vehicle( s), nature of service, start time, end time, location of call, and itemized costs of towing and storage.

2. Records for each call shall indicate the TOW TRUCK driver's name and truck used.

B. The OPERATOR shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non- CITY/ HIGHLAND POLICE DEPARTMENT tows.

C. The CITY/HIGHLAND POLICE DEPARTMENT may inspect all OPERATOR's records without notice during normal business hours.

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D. OPERATOR shall permit the CITY/ HIGHLAND POLICE DEPARTMENT to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.

1. The CITY/ HIGHLAND POLICE DEPARTMENT shall provide a receipt for any original records removed from the place of business.

E. Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement.

F. Failure of the OPERATOR to comply with the inspection requirements shall be cause for SUSPENSION, if deemed appropriate by the CITY/HIGHLAND POLICE DEPARTMENT.

Section 13. Financial Interest.

A. No OPERATOR shall be directly involved in the towing related business of any other OPERATOR. " Directly involved" shall mean anything in common between OPERATORS with regards to any of the following:

Business Licenses;

2. Being listed on the same insurance policy;

3. TOW TRUCK or Equipment Ownership, and;

4. Employees and independent contractors.

B. Storage facilities owned by an OPERATOR, and shared with another OPERATOR, shall only be approved if the OPERATOR charges for the space exclusively on a flat monthly rate rather than a vehicle -by -vehicle basis, or combination thereof.

Storage facilities shared by OPERATORS shall be physically separated and secured from each other. The CITY may waive this requirement in writing if deemed appropriate.

C. The sale or transfer of the controlling interest ( 50% or more) in an OPERATOR shall immediately terminate an Agreement. The new owner( s) may apply to be a part of the LIST at any time during the remainder of the current Agreement term, regardless of the ENROLLMENT PERIOD.

D. A terminated or suspended OPERATOR and the tow business he/ she owned at the time of his/ her SUSPENSION or TERMINATION shall not be eligible to be on

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the LIST for the duration of the SUSPENSION or TERMINATION.

This provision applies to the OPERATOR working in any capacity within any tow business, or operating any tow business, and to the tow business, even if operated under new ownership.

E. Any violation of this Section is cause for SUSPENSION, if deemed appropriate by the CITY/ HIGHLAND POLICE DEPARTMENT.

Section 14. Annual Meeting.

A. The CITY/ HIGHLAND POLICE DEPARTMENT may conduct an annual meeting to discuss issues concerning the tow rotation if it is determined that problems have surfaced and/ or operational issues may necessitate a change in the administrative procedures. The meeting shall be mandatory for the OPERATOR or his/ her designee wishing to remain on rotation. The CITY shall give the OPERATOR thirty days written NOTICE of such a meeting.

Section 15. Demeanor and Conduct.

A. While involved in the PROGRAM, the OPERATOR and/ or his/ her employee( s) shall conduct themselves in a manner which places the highest priority on providing exceptional customer service for the CITY and shall refrain from any act( s) of misconduct, to include, but not be limited to, any of the following:

Rude or discourteous behavior.

2. Lack of service, selective service, or refusal to provide service which the OPERATOR is/ should be capable of performing.

3. Any act of sexual harassment or sexual impropriety.

4. Unsafe driving practices.

5. Exhibiting any objective symptoms of alcohol and/ or drug use.

6. Appearing at the scene of a CITY rotation tow call with the odor of an alcoholic beverage emitting from his/ her breath.
a. The OPERATOR / TOW TRUCK driver shall submit to a
preliminary alcohol screening test upon demand of the HIGHLAND POLICE DEPARTMENT.

B. All CITY related tow service complaints received by the CITY against the

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OPERATOR or his/ her employee(s) will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the CITY may initiate disciplinary action as deemed appropriate. In any event, the OPERATOR will be notified of the results of any investigation.

C. Should the filing of criminal charges be a possibility, the CITY/ HIGHLAND POLICE DEPARTMENT will conduct the investigation to conclusion or assist the lead investigating agency, and, if warranted, request prosecution.

D. Any violation of Subsection A above is cause for SUSPENSION or TERMINATION, if deemed appropriate by the CITY/ HIGHLAND POLICE DEPARTMENT.

Section 16. Compliance with Law.

A. The OPERATOR and his/ her employee( s), shall at all times, comply, and perform all services in accordance with, the rules and regulations contained herein and all Federal, State, and Local laws and ordinances applicable to the OPERATOR (Refer to Attachment A) as well as with generally accepted standards for performing similar services. CITY has relied upon OPERATOR' S representation of skill and expertise as an inducement for entering into this Agreement.. The OPERATOR shall keep itself apprised of all laws pertaining to the tow industry including, but not limited to, the requirements set forth in the California Vehicle Code and California Civil Code.

In the event of a minor traffic violation( s) by the TOW TRUCK driver( s) which is/ are known by the CITY, the OPERATOR shall be advised of the violation( s) by the CITY. The OPERATOR will be granted the opportunity to take necessary steps to ensure that his/her driver(s) drive( s) in compliance with law. Any subsequent traffic violation( s) may be cause for disciplinary action against the OPERATOR and/ or the involved employee( s).

2. Any traffic violation( s) may, at the discretion of the CITY, be cause for immediate disciplinary action against the OPERATOR and/ or the involved employee( s).

B. The provisions contained in this Section, Compliance with Law, do not preclude the CITY from taking appropriate enforcement or administrative action for any violations of law.

C. Any conviction of the OPERATOR involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/ or

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a drug, misdemeanor driving while under the influence of alcohol and/ or a drug while involved in a CITY/HIGHLAND POLICE DEPARTMENT rotation tow call, or moral turpitude shall be cause for TERMINATION of the Agreement.

D. Any conviction of an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/ or a drug, misdemeanor driving while under the influence of alcohol and/ or a drug while involved in a CITY / HIGHLAND POLICE DEPARTMENT rotation tow call, or moral turpitude may be cause for termination.

E. If an OPERATOR, or employee, is arrested/ charged for a violation involving any of the above crimes, the OPERATOR may be SUSPENDED until the case is adjudicated.

F. The OPERATOR shall strictly comply with all Federal, State and Local laws and Regulations, including, but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U. S. C. §§ 1324a and 1324b ( the " IRCA"), which require and ensure the hiring and retention of employees who are United States citizens, permanent residents and/ or who are otherwise authorized by law to work in the United States of America, and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment. The OPERATOR shall further include this requirement in any subcontract made pursuant to this Agreement.

Section 17. Compliance with Agreement.

A. The OPERATOR agrees, as a condition of inclusion on the LIST, to comply with the terms and conditions of this Agreement. Furthermore, the OPERATOR agrees that failure by the OPERATOR or the OPERATOR' s agents, employees, or independent contractors, to comply with these terms and conditions shall be cause for WRITTEN REPRIMAND, SUSPENSION or TERMINATION by the CITY. Alleged violations of the Agreement will be investigated by the CITY/ HIGHLAND POLICE DEPARTMENT. The OPERATOR will be notified of the CITY/ HIGHLAND POLICE DEPARTMENT' S findings within thirty ( 30) days of the initiation of the investigation.

Section 18. Disciplinary Action.

A. The CITY shall take disciplinary action against OPERATOR for violations investigated and confirmed or sustained.

1. The CITY shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

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B. Records of violations shall be retained by the CITY for at least thirty-six ( 36) months.

C. A violation of the equipment requirements related to safety shall be cause for immediate SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/ HIGHLAND POLICE DEPARTMENT. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the HIGHLAND POLICE DEPARTMENT has conducted an inspection and found that the OPERATOR is in compliance.

D. A violation of the GVWR and safe loading requirements of a TOW TRUCK shall be cause for immediate SUSPENSION. This includes exceeding the TOW TRUCK' s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent ( 50%) of the TOW TRUCK' S unladen weight on the front axle when lifting/ carrying a load.

E. A violation of overcharging shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR has presented proof to the CITY that reimbursement has been made to the aggrieved customer( s).

F. A violation of the Biennial Inspection of Terminals ( BIT) Program requirements shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/ HIGHLAND POLICE DEPARTMENT. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR has presented proof of compliance with the BIT requirements.

Any unsatisfactory rating shall be cause for SUSPENSION.

G. Failure of the OPERATOR to satisfy a court mandated reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in his/ her custody will result in a SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of suspension is completed and the OPERATOR has presented proof of the reimbursement.

H. Failure of the OPERATOR to comply with the inspection requirements of this Agreement will result in a SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR has complied with the inspection requirement.

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Failure of the OPERATOR to maintain the minimum insurance requirements set forth in the Agreement is a major violation of the Agreement and will result in TERMINATION of the Agreement.

J. Failure of the OPERATOR or employee to comply with Section 15, Demeanor and Conduct, and/ or Section 16, Compliance with Law, of this Agreement, may be cause for SUSPENSION if deemed appropriate by the CITY.

1. Minor traffic violations may be considered as minor violations of the Agreement.

2. A TOW TRUCK driver, not under the immediate observation of the OPERATOR, while on -duty and driving a TOW TRUCK, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/ or drugs, will be subject to SUSPENSION from participating as a TOW TRUCK driver under the provisions of this Agreement. The length of SUSPENSION will be at the CITY' S discretion.

K. If the OPERATOR is serving a SUSPENSION for one year or more, he/ she shall be required to comply with all terms and conditions of the current Agreement at the time of the reinstatement. There will be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement at the time of the reinstatement.

L. Major Violations. Violations of the terms and conditions of the Agreement that are subject to SUSPENSION for the first violation are categorized as major violations. Any subsequent or continuing major violations may be cause for TERMINATION.

TERMINATION shall be invoked if, in the CITY'S judgment, continued participation in the PROGRAM by the affected OPERATOR may result in a hazard to public safety and/ or welfare, or the OPERATOR has been convicted of a crime listed in Section 16 of this Agreement.

2. In lieu of TERMINATION, the CITY may impose additional SUSPENSIONS for longer periods, if deemed appropriate.

M. Minor Violations. Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner:
1 st Violation in 12 months - letter of written reprimand.

2. 2nd Violation in 12 months - 30 day SUSPENSION.

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3. 3rd Violation in 12 months - 60 to 90 day SUSPENSION.

4. 4th Violation in 12 months - TERMINATION of the Agreement. a. In lieu of a TERMINATION, the CITY may impose additional SUSPENSIONS for longer periods, if deemed appropriate.

N. Nothing herein shall be deemed to prohibit the CITY from immediately suspending any OPERATOR whose conduct, or that of his/ her employee( s), in the discretion of the CITY, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement.

Section 19. Written Reprimand/ Suspension/ Termination/ Appeals.

A. In the event that the CITY serves the OPERATOR with a WRITTEN REPRIMAND, the OPERATOR may request a meeting with the Community Development Director and Captain of the HIGHLAND POLICE DEPARTMENT to discuss corrective actions. If the CITY and HIGHLAND POLICE DEPARTMENT determine that the OPERATOR is unable to satisfactorily address the issue( s) outlined in the WRITTEN REPRIMAND in a timely manner, CITY shall provide a notice of SUSPENSION or TERMINATION. In the event the OPERATOR, or any of the OPERATOR'S employees, has caused a major violation of the Agreement or has violated any of the provisions of the Agreement that allow for immediate SUSPENSION or TERMINATION, the CITY may immediately serve the OPERATOR with a notice of SUSPENSION or TERMINATION.

B. The OPERATOR may appeal any NOTICE of SUSPENSION or TERMINATION, by submitting a request in writing to the City Clerk of the CITY within seven ( 7) calendar days of the date of the NOTICE of SUSPENSION or TERMINATION. If an appeal is requested, it shall be held within thirty days of the CITY accepting the request. The appeal shall be conducted by the Highland City Council. The OPERATOR shall be entitled to present all relevant facts and circumstances in support of his or her position. The OPERATOR shall be further entitled to present testimony of at least one representative of a TOW TRUCK association or other qualified person. The OPERATOR shall be notified, in writing, of the decision of the City Council within ten ( 10) business days of the date the decision is rendered. The City Council' s decision shall be final.

C. A SUSPENSION or TERMINATION shall not take effect until the hearing and appeal process has been exhausted, with the exception of OPERATORS whose conduct is deemed to be a danger to the public, is a major violation of the Agreement, or whose conduct grossly violates the terms and conditions of the Agreement, as determined by the CITY. If an OPERATOR fails to request a

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hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the CITY shall be final.

Section 20 Midterm Review of the Terms and Conditions of the Agreement.

A. The purpose of this Section is to provide a process for a midterm review of the terms and conditions of the Agreement in the event that there is a legitimate and substantial change in conditions or law affecting the OPERATORS. OPERATOR shall meet with CITY within 30 days of receipt of notice from CITY that a midterm review is required. Examples of conditions may include, but not be limited to:

Substantial increase or decrease in business expenses.

2. Advances in technology in the industry related to safety issues.

3. Changes in law requiring the CITY or the OPERATORS to perform specific functions or operations in order to comply.

4. Proposed changes to the terms and conditions agreed upon by the CITY and the OPERATORS at the time that the Agreement was signed ( e. g. response times).

Section 21. Advertising.

A. The OPERATOR shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the CITY or the Department of Motor Vehicles.

Examples of prohibited displays include " Official CITY Tow", "Approved by the CITY", " CITY Rotation Tow", etc.

2. This will not preclude the CITY from implementing a system to mark and identify particular TOW TRUCKS as having passed the CITY'S inspection or as being assigned to specific TOW DISTRICTS within the CITY.

B. Any violation of this Section is cause for SUSPENSION. At a minimum, the SUSPENSION should be for the duration of the advertisement.

Section 22. Reserved.

Section 23. Performance Period.

This Agreement shall begin on the date first written above and terminate on December

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31, 2023. At the end of the Agreement period, CITY may establish an open enrollment period.

Section 24. Indemnification, Defense and Hold Harmless.

A. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense collectively, " Claims" hereinafter) OPERATOR shall defend, hold harmless and indemnify the CITY, the HIGHLAND POLICE DEPARTMENT, and their respective elected officials, officials, employees, contractors acting as public officials, subcontractors, agents, and volunteers (" Indemnitees") with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of OPERATOR or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. Operator shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of CITY' S choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense.

This Section shall survive the expiration or termination of this Agreement.

Section 25. Independent Contractor.

A. The OPERATOR is, and shall be, acting at all times in the performance of this Agreement an independent contractor, and not an officer or employee or agent of the CITY/ HIGHLAND POLICE DEPARTMENT. OPERATOR shall secure at its own expense and be responsible for any and all payments of all taxes, social security, State disability insurance compensation, unemployment compensation and other payroll deductions for OPERATOR and its officers, agents and employees and all business licenses in connection with services to be performed hereunder.

Section 26. Termination of Agreement.

A. In the event of default in performance or failure to meet all rules and regulations or any provision of this Agreement, this Agreement may be immediately terminated by either Party by written notice to the other and the OPERATOR may be removed from the rotational list. The CITY/ HIGHLAND POLICE DEPARTMENT may also terminate this Agreement immediately without cause, if it elects to temporarily or permanently abandon this PROGRAM. Upon notification by CITY all services will cease immediately except as specifically authorized in writing by the CITY. This Agreement may be terminated without cause by either Party without prejudice by giving thirty ( 30) days written notice to the other Party.

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B. Any TERMINATION of this Agreement by CITY shall be made in writing through the City Manager. Notice shall be delivered to OPERATOR as provided in Section 28 herein.

Section 27. Assignment of Agreement.

This Agreement shall not be delegated or assigned by OPERATOR to any other person or entity without the prior written consent of CITY.

Section 28. Notices.

All notices, requests, demands or other communications required to be given in writing under this Agreement shall be deemed to have been given, if delivered in person, or when received id mailed by Certified Mail with Return to Receipt Requested, or otherwise actually delivered.

Notice to CITY shall be sent to both:

City of Highland City of Highland Police Department
27215 Base Line AND 27215 Base Line
Highland, CA 92346 Highland, CA 92346
Attention: City Manager Attention: Police Captain
909) 864-6861 ( 909) 425- 9793
Notice to OPERATOR shall be sent to:

Attention: Owner
Section 29. Entirety.

The foregoing Agreement, including Attachments A and B hereto, constitute the entire Agreement of the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements between the Parties. This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.

Section 30. Severability.

The City Council hereby declares it would have approved this Agreement, and each

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Section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this Agreement shall be declared invalid or unconstitutional, then all other provisions hereof shall remain valid and enforceable.

Section 31. Execution.

This Agreement may be executed in several counterparts each of which shall constitute but one and the same Agreement.

Section 32. Governing Law/VenueThe CITY and OPERATOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Highland.

IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above.

CITY OF HIGHLAND OPERATOR
Larry McCallon, Mayor
ATTEST
in
Owner/ Representative Signature
Print Name:

APPROVED AS TO FORM:

By: BY:

Betty Hughes, City Clerk Maricela Marroquin, City Attorney

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ATTACHMENT A
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS A. TOW TRUCK and Car Carrier Classifications

1. TOW TRUCK and car carrier classifications are based on the truck
chassis manufacturer' s Gross Vehicle Weight Rating
GVWR), and the classification system used by the
American Trucking Association and truck manufacturers.
a. Class 3 - 10, 000 — 14, 000 pounds GVWR
b. Class 4 - 14, 001 — 16, 000 pounds GVWR
C. Class 5 - 16, 001 — 19, 500 pounds GVWR
d. Class 6 - 19, 501 — 26, 000 pounds GVWR
e. Class 7 - 26, 001 — 33,000 pounds GVWR
f. Class 5 - 33, 001 or more GVWR
B. Equipment Limitations

1. All towing equipment, recovery equipment, and carrier ratings are
based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.

C. Towing Limitations

1. The criteria to determine the safe towing limits for a truck are:
a. The total weight of the truck, including the lifted load, must fall within the Manufacturer' s Gross Vehicle Weight Rating
GVWR) and not exceed either the Front or Rear Axle Weight Ratings ( FAWR, RAWR).
b. The truck must meet all applicable State and/ or Federal Standards.

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C. For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weight after the load is lifted.

D. Identification Labels

1. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.

E. Recovery Equipment Rating

1. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load weight or load cell).
a. The structural design of the recovery equipment must have a higher load capacity than the performance rating( s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers ( SAE)
Handbook, SAE 1706.

C. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain
assemblies should be the same type, construction, and rating as specified by the Original Equipment Manufacturer ( OEM) for the equipment.

F. Safety Chains

1. Safety chains shall be rated at no less than the rating specified by the OEM

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G. Control / Safety Labels

1. All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

TOW TRUCK Classifications and Equipment Specifications
A. Class A TOW TRUCK

1. Equipment Specifications
a. 10, 000 — 19, 500 pounds GVWR Chassis
b. 4-ton recovery equipment rating
C. Hydraulic or mechanical winch( es)
d. 100 feet 3/ 8" X 19 cable or Original Equipment
Manufacturer' s ( OEM) Specifications
e. Tow chains, 5/ 16" alloy or OEM Specifications, J/ T Hook assembly
f. Safety chains, 5/ 16" alloy or OEM Specifications
g. Tow sling rating 3, 000 pounds
h. Wheel lift safety straps
i. Tow dolly
j. One 3- ton snatch block
k. Wheel lift rating - retracted 3, 000 pounds
95" extension 3, 000 pounds

2. Class A Car Carrier — One Car
a. Equipment Specifications
1) 10, 000 — 19, 500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/ 8" 6 X 9 cable or OEM Specifications

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4) J/ T Hook loading bridle / chains
5) Safety chains, 5/ 16" alloy or OEM Specifications; two pairs of safety chains for the vehicle being transported

3. Class A Car Carrier — Two Cars
a. Equipment Specifications
1) 16, 001 — 19, 500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/ 8" 6 X 19 cable or OEM Specifications
4) J/T Hook loading bridle / chains
5) Safety chains 5/ 16" alloy or OEM Specifications, two pairs of safety chains for the vehicle being transported and two safety chains for the vehicle being towed
B. Class B TOW TRUCK

1. Equipment Specifications
a. 19, 501 — 33, 000 pounds GVWR Chassis
b. Air brakes or hydraulic w/air hookup package
C. 14 ton recovery equipment rating
d. Hydraulic or mechanical winch( es)
e. 150 feet 7/ 16" 6 X 19 cable or OEM Specifications
f. Tow chains, 1/ 2" alloy or OEM Specifications
g. Safety chains, 1/ 2" alloy or OEM Specifications
h. Tow sling rating 7, 000 pounds
i. Two 8- ton snatch blocks
j. Wheel lift safety straps
k. Wheel lift or Under lift rating retracted 10, 000 pounds

Page 38 ends

-44-

2. Class B Car Carrier
a. Equipment Specifications
1) 19, 501 pounds or more GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/ 8" 6 X 19 cable or OEM Specifications
4) J/T Hook loading bridle / chains
5) Safety chains 5/ 16" alloy or OEM Specifications, two pairs of safety chains for the vehicle being transported and two safety chains for the vehicle being towed
C. Class C TOW TRUCK

1. Equipment Specifications
a. 33, 000 — 50, 000 pounds GVWR Chassis, 200" wheelbase b. 200" wheelbase with truck hitch
C. 240" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 25 ton recovery equipment rating
f. Hydraulic or mechanical winch( es)
g. 200 feet 5/ 8" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/ 8" alloy or OEM Specifications
i. Safety chains, 5/ 8" alloy or OEM Specifications
j. Tow sling rating 12, 000 pounds
k. Two 12- ton snatch blocks
I. Under lift rating - retracted 25, 000 pounds
100" extension** 12, 000 pounds
D. Class D TOW TRUCK

1. Equipment Specifications

Page 39 ends

-45-
a. 50, 000 pounds GVWR Chassis, 300" wheelbase
b. 240" wheelbase with truck hitch
C. A minimum of 270" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 30 ton recovery equipment rating
f. Hydraulic or mechanical winch( es)
g. 250 feet 3/ 4" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/ 8" alloy or OEM Specifications
i. Safety chains, 5/ 8" alloy or OEM Specifications
j. Tow sling rating 20, 000 pounds
k. Two 12- ton snatch blocks

1. Under lift rating - retracted 32, 000 pounds
100" extension' 16, 000 pounds
Measured from the center line of the rear axle of the
towing vehicle to 10 inches behind the back face of the lifting bar.

Measured from the center line of the rear axle to the
center of the lift forks.

III. Auxiliary Equipment
A. Class A

1. For each type or classification of towing equipment (sling, wheel lift, or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/ T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 6" X 60" wooden crossbeam, a pair
of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains

Page 40 ends

-46-
2) Wheel Lift — wheel safety straps, steering wheel
clamp, towing dolly, and safety chains
3) Car Carrier — J/ T Hook loading bridle, a 4" X 4" X 48" and a 4" X 4" X 60" wooden crossbeam, a pair of
spacer blocks, and two pairs of safety chains
4) Extension — Brake and tail lamps
5) Fire Extinguisher
6) Broom
7) Shovel
8) Reflective Triangles
9) Flares
10) Trash can( s) with absorbent
11) One 3- ton rated snatch block
12) Shop to truck radio ( C/ B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1) Adequate emergency supply of fuel in an approved
container
2) Booster battery or hot box starting system
3) Hydraulic jack capable of handling passenger cars
and light trucks
4) Metric and Standard lug wrenches
5) Rubber mallet / hub cap tool
6) Lockout tools
7) Motorcycle straps
8) First Aid Kit

Page 41 ends

-47-
A. Class B
9) Tool kit — should include:
a) Assorted open end wrenches; Standard, '/ 4" -
7/ 8" and Metric, 6 — 19 mm
b) Assorted screwdrivers; Straight blade and
Phillips
c) Crescent wrench
d) Ball peen hammer
e) Pliers
f) Battery and terminal cleaning tools
g) Point file
h) Allen wrench for Deco distributors
i) Mechanic' s wire
j) Plastic electrical tape / duct tape
k) Tire valve core tool
I) Miscellaneous fuses
m) Small pry bar
n) Shop rags
o) Flashlight
p) Socket Sets;'/ 4" — 1" and 6 — 19 mm
q) Ratchet and extensions
10) Sledge hammer
11) Bolt cutters
12) Crow bar

Page 42 ends

-48-

1. For each type or classification of towing equipment (sling, wheel lift or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/ T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 4" X 60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains
2) Wheel Lift — wheel safety straps, steering wheel clamp, towing dolly, and safety chains
3) Truck Hitch — tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams ( as necessary), aluminum tow angle( s), and safety chains
4) Under Lift — an assortment of lift forks / adapters, safety tie down chains and safety chains
5) Extension — Brake and tail lamps
6) Fire Extinguisher( s)
7) Broom
8) Shovel
9) Reflective Triangles
10) Flares
11) Trash can( s) with absorbent
12) Two 8- ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fittings to provide air to the towed vehicle 15) Shop to truck radio ( C/ B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service equipment:
1) Refer to Class A, Service and Other Equipment ( III A,

1. b. above)
C. Classes C and D

Page 43 ends

-49-

1. For each type or classification of towing equipment, certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a tow chain assembly, a 4" X 4" X 60" and a 6" X 6" X 60" wooden crossbeam, a pair of spacer
blocks, a steering wheel clamp, and safety chains
2) Truck Hitch — tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams ( necessary), aluminum
tow angle( s), and safety chains
3) Under Reach — assortment of lift forks / adapters,
safety tie down chain( s) and safety chains
4) Extension Brake and tail lamps
5) Fire Extinguisher( s)
6) Broom
7) Shovel
8) Reflective Triangles
9) Flares
10) Trash can( s) with absorbent
11) Steering wheel clamp
12) Two 12- ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fitting to provide air to the towed vehicle
15) Shop to truck radio ( C/ B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1) Refer to Class A, Service and Other Equipment ( III A,

1. b. above) for general service equipment requirements.

Page 44 ends

-50-

ATTACHMENT B
OPERATOR'S Submitted Proposal
-51-
EXHIBIT 2
Operators' Proposals
CHP Form 234A)
-52-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

TYPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION

SAN BERNARDINO

BUSINESS

CHP AREA NUMBER
860

BUSINESS NAME

CHIP AREA NAME
A& G TOWING DIS 2/ 5 ALL

BUSINESS ADDRESS

DAY PHONE NUMBER ( INCLUDE AREA CODE)
591 EAST 9TH STREET SAN BERNARDINO, CA 92410 909) 384- 0250

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE) SAME 909) 384- 0250

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATE( S) 27 1 N/A
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVICTED OF ANY UKIMt INVULV llvI a I ULcry Um r-IVIDC u v_ -,

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY

DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS
0 OWNED LEASED RENTED
591 EAST 9TH STREET SAN BERNARDINO, CA 92410

SECONDARY STORAGE YARD ADDRESS

OWNED LEASED RENTED

ADDITIONAL STORAGE YARD ADDRESS

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
300 20

FINANCIAL INTEREST
L— AL OWNER ( IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST)

RODNEY SKIDMORE
DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY( S):

CHP AREA? YES NO
DOES ANY MEMBER OF YOUR FAMILY ( RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA( S):

TOW SERVICE IN THE LOCAL CHP AREA? YES NO
ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHP AREA( S):

AREA? YES NO
DO YOU SHARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY( S):

YES NO
RATES
Class A Class B Class C Class D
HOURLY RATE 310/ 320 340/ 350 400/ 410 420/ 430
INSIDE STORAGE 85 85 90
OUTSIDE STORAGE 75 80 85
LABOR ( NONSKILLED) 85

SPECIAL EQUIPMENT ( LIST)
FORKLIFT 320
RECOVERY CLASS A 630
4X4 RECOVERY CLASS A 630
SALVAGED RECOVERY CLASS B 690
d
RENTAL/ SKILLED LABOR MARKUP (%)
Destroy Previous
-53-
Editions Chp234A_ 0419. pdf
CHP 234A ( Rev. 3- 15) OPI 061

TOW TRUCKS
ru rV I ACQ/ CC\ APPI VINE, F( 1R ANr) INrll('. ATF TOTAI NIJMRFR OF TRUCKS IN EACH CLASS.

PAGE 2
CLASS A ( MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: 7 n CLASS B ( MINIMUM 33, 000 GVWR) NUMBER OF CLASS B TRUCKS: 1 L CLASS C ( MINIMUM 52,000 GVWR) NUMBER OF CLASS C TRUCKS:

CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS: 2

COMMENTS

APPLICANT' S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

PRINT NAME AND TITLE DATE
SIG
RODNEY SKIDMORE 08/ 16/ 2023

TO BE COMPLETED BY CHP

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)

AREA COMMANDER'S SIGNATURE

AREA APPROVAL

MAXIMUM RESPONSE TIME
DATE

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENT TERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED

REMARKS

DIVISION COMMANDER' S SIGNATURE
DATE
Destroy Previous Editions Chp234A_ 0419. pdf
-54-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

TYPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION

CHP AREA NUMBER
City of Highland

RI IGINFSS

BUSINESS NAME

CHP AREA NAME
Highland
Armada Towing DAY PHONE NUMBER ( INCLUDE AREA CODE)

BUSINESS ADDRESS
909- 884- 6511 2285 E 6th St San Bernardino CA 92410

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE

NIGHT PHONE NUMBER ( INCLUDE AREA CODE)
8623 Carob St Fontana CA 92335
909- 884- 651 I

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATES) 24 1 AAA
nun cTn cu no cuoc cn vcutr• t Cc
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVtK t$ttK c vmm.' cu yr ni. --- ---- - - - FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS
2285 E 6th St San Bernardino CA 92410

SECONDARY STORAGE YARD ADDRESS

STORAGE YARD ADDRESS

OWNED LEASED RENTED

OWNED LEASED RENTED

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
200 10

FINANCIAL INTEREST

LEGAL OWNER ( IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST) Michael Armada 501/ o and Elizabeth Armada 50%

DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY( S) CHP AREA? 0 YES (] NO

DOES ANY MEMBER OF YOUR FAMILY (RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA(S) TOW SERVICE IN THE LOCAL CHP AREA? YES Q NO

ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHP AREA(S) AREA? Q YES NO Rancho Cucamonga CHP, San Bernardino CHP, Arrowhead CHP DO YOU 5HARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY( S) YES NO
RATES
Class A Class B Class C Class D
350. 00 385. 00 475. 00 550. 00

HOURLY RATE
INSIDE STORAGE 82. 00 86. 00 91. 00 91. 00

76. 00 79. 00 87. 00 87. 00

OUTSIDE STORAGE
LABOR ( NONSKILLED) 50. 00

SPECIAL EQUIPMENT ( LIST)
Rotator
850. 00
Landoll 475. 00
Pallet Jack 75. 00
Forklift
135. 00
RENTAUSKILLED LABOR MARKUP (%) I
I _ _
Destroy Previous Editions Chp234A 0419 pd1
-55-
CHP 234A ( Rev. 3-15) OPI 061
PAGE 2

CHECK CLASS(ES) APPLYING FOR AND INDICATE
CLASS A ( MINIMUM 14, 000 GVWR)
CLASS B ( MINIMUM 33, 000 GVWR)
CLASS C ( MINIMUM 52, 000 GVWR)
0 CLASS D ( MINIMUM 54, 000 GVWR)

COMMENTS

TOW TRUCKS
NUMBER OF CLASS A TRUCKS: 13
NUMBER OF CLASS B TRUCKS: 1
NUMBER OF CLASS C TRUCKS: 2
NUMBER OF CLASS D TRUCKS: 2

APPLICANTS CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND No OMISSIONS HAVE BEEN E. THE

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING IS MISDEMEANOR PURSUANT TO CADL CALIFORNIA VEHITOR IS CLE
DVSED
C DE
SECTIONS 20 AND 31. nerc

SIGNATURE
TO BE coOPCETED BY CHP

PRINT NAME AND TITLE
Michael Armada

AREA APPROVAL

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)

AREA COMMANDER' S SIGNATURE

MAXIMUM RESPONSE TIME

HOURS CLASS A CLASS B
DAY
NIGHT

AGREEMENT TERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

CLASS C

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED

REMARKS

COMMANDER' S SIGMA
Destroy Previous Editions
08/ 20/ 2023
DATE

CLASS D
Chp234A 0419 Pdl
-56-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

VPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION CHP AREA NUMBER

SAN BERNARDINO - CITY OF HIGHLAND I
N/ A

BUSINESS

BUSINESS NAME

CHP AREA NAME

BILL AND WAGS INC SAN BERNARDINO

BUSINESS ADDRESS DAY PHONE NUMBER ( INCLUDE AREA CODE)
945 W BROCKTON AVE, REDLANDS, CA 909- 923- 6100

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE) 909- 923- 6100

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATE( S) 61 1 ARI, TESLA, FLEETNET
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVICTED OF ANY CRIME INVOLVING STOLEN OR EMbtl-LLtU VtNIL Lt,),

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY

DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS

OWNED LEASED RENTED
945 W BROCKTON AVE, REDLANDS, CA

SECONDARY STORAGE YARD ADDRESS

OWNED LEASED RENTED

ADDITIONAL STORAGE YARD ADDRESS

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
150 3

FINANCIAL INTEREST
fAL OWNER ( IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST) FLEET SALES & CONSULTING, INC., OWNED BY CASEY LYNN WILLIAMS KIRK DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY( S):

CHP AREA? YES NO
DOES ANY MEMBER OF YOUR FAMILY ( RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA( S):

TOW SERVICE IN THE LOCAL CHP AREA? YES NO
ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHP AREA( S):

AREA? 0 YES NO SAN BERNARDINO, CA
DO YOU SHARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY(S):

YES NO
RATES
Class A Class B Class C Class D,
HOURLY RATE 368. 50 385 550 580. 50
INSIDE STORAGE 88. 00 88. 00 93. 50 93. 50
OUTSIDE STORAGE 77. 00 82. 50 88. 00 88. 00
LABOR ( NONSKILLED) 75. 00

SPECIAL EQUIPMENT, LIST
CONGEAR/ FORKLIFT 175. 00
SERVICE TRUCK 291. 50
ROTATOR 753. 50
1200. 00
275. 00

15. 00

SALVAGE & RECOVERY

ROLL OFF BIN ( RENTAL PER DAY)
RENTAL/ SKILLED LABOR MARKUP (%)
Destroy Previous Editions Chp234A 0419. pdf
-57-
l
CHP 234A ( Rev. 3- 15) OPI 061
PAGE 2

TOW TRUCKS
Anon lAl- ATc Tn7al All IMRFR nF TRI ICKC IN FACH CI ASS_ _ CLASS A ( MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: 7 CLASS B ( MINIMUM 33, 000 GVWR) NUMBER OF CLASS B TRUCKS: I LJ CLASS C ( MINIMUM 52,000 GVWR) NUMBER OF CLASS C TRUCKS: I CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS: 5

COMMENTS

APPLICANT' S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

SIGNATURE

PRINT NAME AND TITLE DATE
CASEY WILLIAMS KIRK 18/ 23/ 2023

TO BE COMPLETED BY CHP

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)

AREA COMMANDER' S SIGNATURE

AREA APPROVAL

MAXIMUM RESPONSE TIME
DATE

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENTTERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED

REMARKS
DATE
uIVISION COMMANDER'S SIGNATURE
Destroy Previous Editions Chp234A 0419. pdf
-58-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

TYPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION CHP AREA NUMBER
SAN BERNARDINO 860

BUSINESS

BUSINESS NAME CHP AREA NAME

TOWKINGS INC DBA EDWINS TOWING SAN BERNARDINO

BUSINESS ADDRESS DAY PHONE NUMBER ( INCLUDE AREA CODE)
25003 E 5TI1 ST, SAN BERNARDINO, CA 92410 909- 350- 3211

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE) PO BOX 1115, RANCHO CUCAMONGA, CA 91729 909- 350- 3211

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATE( S) 13 SO. CAL AAA
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVICTED OF ANY CRIME INVOLVING S I ULLN UK t=mtst ccLtu vcnwLta,

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY

DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS
25003 E 5TH ST, SAN BERNARDINO, CA 92410
OWNED LEASED E] RENTED

SECONDARY STORAGE YARD ADDRESS

OWNED LEASED RENTED

ADDITIONAL STORAGE YARD ADDRESS

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
50 20

FINANCIAL INTEREST

LEGAL OWNER ( IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST) ANGELICA M GONZALEZ _
DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY(S):

CHP AREA? 0 YES NO EDWINS TOWING & TRUCK SERVICE INC
DOES ANY MEMBER OF YOUR FAMILY ( RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES. LIST THE OTHER CHP AREA( S):

TOW SERVICE IN THE LOCAL CHP AREA? YES NO
ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHP AREA( S):

AREA? YES NO CHP 13ALDWIN PARK. CHP RANCHO CUCAMONGA
DO YOU SHARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY( S):

YES NO
RATES
Class A Class B Class C Class D
HOURLY RATE 363. 00 375. 00 471. 00 496. 00
INSIDE STORAGE 71. 00 71. 00 77. 00 77. 00
OUTSIDE STORAGE 71. 00 71. 00 77. 00 77. 00
LABOR ( NONSKILLED) 45. 00

SPECIAL EQUIPMENT ( LIST)
ROTATOR 935. 00
LAN DOLL 440, 00
SKID LOADER 165. 00
FORK LIFT 110. 00
SALVAGE AND RECOVERY C/ D 967. 00
RENTAUSKILLED LABOR MARKUP (%) 10%
Destroy Previous Editions Chp234A_ 0419. pdf
-59-
CHP 234A ( Rev. 3- 15) OPI 061 PAGE 2

TOW TRUCKS
curd[ CI ARRfFCI APPI MINA FnR ANn INnICATF TnTAI NUMRFR OF TRUCKS IN EACH CLASS.

CLASS A (MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: 4 CLASS B ( MINIMUM 33,000 GVWR) NUMBER OF CLASS B TRUCKS: I CLASS C ( MINIMUM 52, 000 GVWR) NUMBER OF CLASS C TRUCKS: I CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS: 2

COMMENTS
OUTSIDE BUSINESS HOURS:

CLASS A: $ 390. 00
CLASS B: $ 412. 00
CLASS C: $ 518. 00
CLASS 1) : $ 545, 00

APPLICANT' S CERTIFICATION
1 CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

SIGNATURE PRINT NAME AND TITLE DATE
ANGELICA M GONZALEZ / CEO 08/ 28/ 2023

TO BE COMPLETED
Q,` AREA APPROVAL

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)
AREA COMMANDER' S SIGNATURE I. D. NUMBER
I
DATE
i.

MAXIMUM RESPONSE TIME

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENT TERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED

REMARKS

SIGNATURE
DATE
Destroy Previous Editions Chp2300419. pdf
-60-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION
CTiFROFF DEP

BUSINESS

CHP AREA NUM ULK

BUSINESS NAME

CHP AREA NAME

PEPE'S TOWING SERVICE

BUSINESS ADDRESS

DAY PHONE NUMBER ( INCLUDE AREA CODE)
1303 E. VICTORIA AVE., SAN BERNARDINO 951- 682- 5682

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE) 2000 W. KEY ST., COLTON 951- 682- 5682

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATE( S) 45 0
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVIGi tU U1- ANY GKIMt IN VULVnvv . 7I ULMN UM — iors« .

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES f7l NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS
OWNED LEASED E] RENTED
1303 E. VICTORIA AVE., SAN BERNARDINO

SECONDARY STORAGE YARD ADDRESS

OWNED LEASED RENTED

ADDITIONAL STORAGE YARD ADDRESS
OWNED E:] LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
200 110+
7 FINANCIAL INTEREST
LEbHL OWNER ( IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST) T( 1CR A( YIRTA A, MANTTF.T. ACOSTA
DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY(S):

CHP AREA? YES NO
DOES ANY MEMBER OF YOUR FAMILY (RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA(S):

TOW SERVICE IN THE LOCAL CHP AREA? YES NO
ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHP AREA( S):

AREA? YES NO R.C., SAN BERN, AND RIVERSIDE
DO YOU SHARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY(S):

YES / NO
RATES
Class A Class B Class C . Class.D.

HOURLY RATE 350. 00 375. 00 475. 00 550. 00
INSIDE STORAGE 72. 50 75. 00 80. 00 80. 00
OUTSIDE STORAGE 70. 00 72. 00 80. 00 80. 00
LABOR ( NONSKILLED) 50. 00
SPECIAL EQUIPMENT. ( LIST)
4X4/ OFF- ROAD RECOVERY 450. 00
ROTATOR 850. 00
SALVAGE & RECOVERY 1, 200. 00
PALLET JACK 98. 00
REEFER TRAILER 525. 00
KLIFT 155. 00
BOBCAT 155. 00
RENTAUSKILLED LABOR MARKUP (%) 20. 00 %
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CHP 234A ( Rev. 3- 15) OPI 061
PAGE 2

TOW TRUCKS
roe Wool v n rno enln lKlr) l!` ATF TnTAI Nl IMRFR nF TRI ICKS IN EACH CLASS.

CLASS A (MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: 48 LASS B ( MINIMUM 33, 000 GVWR) NUMBER OF CLASS B TRUCKS: 1 CLASS C ( MINIMUM 52, 000 GVWR) NUMBER OF CLASS C TRUCKS: 4 CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS: 4

COMMENTS

APPLICANT' S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

SIGNATURE PRINT NAME AND TITLE DATE
PETE ORTIZ - ADMiN MANAGER 18- 20- 2023

TO BE COMPLETED BY CHP

AREA APPROVAL

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)

AREA COMMANDER' S SIGNATURE

MAXIMIIM RFSPC) NSE TIME
DATE

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENT TERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS) n APPROVED DISAPPROVED

REMARKS

DIVISION COMMANDER' S SIGNATURE
DATE
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STAYE' jF: CALIFGRPIIA
DEPARTMENT OF CALIFORNIA HIGHb) AY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OPI 061

TYPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION CHP AREA NW ISER
SAN BERNARDINO 1860

BUSINESS

BUSINESS NAME CHP AREA NAME
STATEWIDE TOWING & RECOVERY INC . SAN BERNARDNO -

BUSINESS ADDRESS DAY PHONE HUMBER( IICLUDE AREA CODE)
2901 S RIVERSIDE AVE LOT V COLTON, CA 92324 951- 682- 9336 BUSINESS MAILING ADDRESS IF DIFFERENT THAiI ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE) 190 N MAIN STREET RIVERSIDE, CA 92501 951- 682- 9336
NUMBER OF YEARS IN TOWING BUSINESS A.UTONIOEILE CLUB AFFILATE( S) 36 1 Civr,vIC/ GOOD SAM
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER HttPl CUINVIG I to Ur APIY U11Pllt IPIYULVIIVU a I U cr: vr.

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR ENIEEZZLED PROPERTY, CRINIES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY DRIVING WHILE UNDER THE rNFLUENCE OF ALCOHOL AND/ OR DRUGS 411SOENIE6NOP DRIVING WHILE UNDER THE If1FLUENCE OF ALCOHOL AND' OR DRUGS IAIHtI. E INVOLVED li•J A CHP ROTATION TOY/ CALL, OP. MORAL TUP,PITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS
2901 S RIVERSIDE AVE LOT V COLTON, CA 92324 OWNED 0 LEASED RENTED

SECONDARY STORAGE YARD ADDRESS -
190 N' NLUNI STREET RIVERSIDE, CA 92501 OWNED LEASED RENTED

AODITIO, AL STORAGE YARD ADDRESS

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
150 12 I

FINANCIAL INTEREST
cv!,! CAVM=- R ( IF FIRM, 01D, IP?` I' f rSSOCI,; TWi 1 CF. LLST ALL PE? jONS HAVING FIAL=; ICI=.L IMTEPE= T)

CHRISTOPHER KIRK
70YCU[' ITE' E. TIII.—:H,: iE —_ u THE LCX L JIFYES LIST THE CHP AREA? YES Q NO
DOES ANY MEMBER OF YOUP. FAMILY ( RELATED EY BLOOD OF, MARRIAGE) OPERATE A.` IOTHER I
IF YES, LIST THE OTHER CHF AHc.( bC -
70YI SERVICE IN THE LOCAL CHP AREA' YES Q NO
ARE YOU CURRENTLY ON POTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER. CHP AP.EA( S):

AREA? Q YES NO BANNING, RIVERSIDE, AND RUNNING SPRINGS
DO YOU SHAPE ANY FACILITIES WITH ANY OTHEP. TOY) CObIPANY? IF YES, LIST THE OTHER TOW CO.lJPANY( S):
p YES NO CLARKS TOWING N BANrN..IVG
RATES
HOURLY RATE 311. 00 325• 00 3l0• DO 33- 7• D0 4- 73- 00 5Z2•00560- 0t7 I7'' b• 00 INSIDE STORAGE 69. 00 N/ A I N/ A N/ A OUTSIDE
STORAGE 57. 00 76. 00 92. 00 92. 00 7
e • s<€' . sr r ?. f >}. ,,` : 3i "'- s: Yz~ r`"`i :.. t rY,t - fV1 c I. LABOR ( NONSKILLED) 3S SPECIAL EQUIPMENT ( LIST), :. ' li t! s, `. ,T;.. p•.
r: t. a . xa, s.:._
zt
s .
s., 4.'
Q ..
rn:. W.
n:
fj giSEE
sr??.' 4APENTA.

L/SKILLED LABOR (MARKUP (°a) ! O" 6 Destroy
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-63-
CHP 234A ( Rev. 3- 15) OPI 061
PAGE 2

TOW TRUCKS
ri ACCfCC% ADDI vinir_ Cnc anln Ihlnirerc TnTal MI WIRCR nF TRI tCKS IN FACH CLASS.

CLASS A ( MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: D 7 CLASS B ( MINIMUM 33, 000 GVWR) NUMBER OF CLASS B TRUCKS:

I] CLASS C ( MINIMUM 52, 000 GVWR) NUMBER OF CLASS C TRUCKS: { CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS:

COMMENTS

APPLICANT' S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED THAT GIVING FALSE INFORMATION TO A PEACE OFFICER., EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

SIGNATURE PRINT NAME AND TITLE DATE
CHRISTOPHER KIRK - PRESTDEI IT 02/ 07/ 20231

APPROVED DISAPPROVED

REMARKS (REOUIRED IF DISAPPROVED)

AREA COMMANDER' S SIGMA

AREA APPROVAL

MAXIMUM RESPONSE TIME

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENTTERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED
DIVISION COhIAWIDER' S SIGNATURE
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oaTE
Chp234A_ 04190ol
-64-

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

ROTATION TOW LISTING APPLICATION
CHP 234A ( Rev. 3- 15) OR 061

TYPE OR PRINT CLEARLY

CHP AREA

CHP AREA OF APPLICATION I

CHP AREA NUMBER

CITY OF HIGHLAND

BUSINESS

BUSINESS NAME

CHP AREA NAME

WILSON TOWING LLC

BUSINESS ADDRESS DAY PHONE NUMBER ( INCLUDE AREA CODE)
2310 E. 3RD STREET, SAN BERNARDINO, CA 92410 909) 888- 5455

BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE NIGHT PHONE NUMBER ( INCLUDE AREA CODE)

NUMBER OF YEARS IN TOWING BUSINESS AUTOMOBILE CLUB AFFILIATE( S) 70+
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVICTED OF ANY CRIME INVOLVING STOLEN OR EMI3LZZLED VEHICLES,

FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY

DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/ OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? YES NO

VEHICLE STORAGE

PRIMARY STORAGE YARD ADDRESS

OWNED LEASED RENTED
2310 E 3RD STREET, SAN BERNARDINO, CA 92410

SECONDARY STORAGE YARD ADDRESS
OWNED E] LEASED RENTED

ADDITIONAL STORAGE YARD ADDRESS

OWNED LEASED RENTED

OUTSIDE STORAGE CAPACITY INSIDE STORAGE CAPACITY
250+ 4

FINANCIAL INTEREST
LEGAL. OWNER ( IF FIRM. COMPANY, ASSOCIATION OR CORPORATION, LIST ALL PERSONS HAVING FINANCIAL INTEREST)

LILLIANA VACH
DO YOU HAVE ANY FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES: LIST THE TOW COMPANY( S) CHP AREA? YES NO
DOES ANY MEMBER OF YOUR FAMILY ( RELATED BY BLOOD OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA( S).

TOW SERVICE IN THE LOCAL CHP AREA? YES NO
ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES. LIST THE OTHER CHP AREA( S) AREA? YES NO
DO YOU SHARE ANY FACILITIES WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OTHER TOW COMPANY( S).

YES NO
RAItS
Class' A Class B , class Class D
HOURLY RATE 300. 00 340. 00 450. 00 500. 00
INSIDE STORAGE 70. 00
OUTSIDE STORAGE 66. 00 71. 00 76. 00 76. 00
LABOR ( NONSKILLED) 65. 00

SPECIAL EQUIPMENT ( LIST)
LANDOLL 325. 00
low
p
c
FORKLIFT 160. 00
DRIVER LABOR 135. 00
RENTAL/ SKILLED LABOR MARKUP (%) 25. 00 %
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CHP 234A ( Rev. 3- 15) OPI 061
PAGE 2

TOW TRUCKS
n- f- A- 1 VlKl/`_ CnD AAlrl IAlr)lr'ATC Tr)TAI All MARFR ( 1F TRI ICKi IN FACH CLASS.

CLASS A ( MINIMUM 14, 000 GVWR) NUMBER OF CLASS A TRUCKS: 12 CLASS B ( MINIMUM 33, 000 GVWR) NUMBER OF CLASS B TRUCKS: I CLASS C ( MINIMUM 52, 000 GVWR) NUMBER OF CLASS C TRUCKS: I CLASS D ( MINIMUM 54, 000 GVWR) NUMBER OF CLASS D TRUCKS: 2

COMMENTS
SPECIAL EQUIPMENT:

LANDOLL TRAILER

APPLICANT' S CERTIFICATION
I CERTIFY THAT THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT, AND NO OMISSIONS HAVE BEEN MADE. THE OPERATOR IS ADVISED

THAT GIVING FALSE INFORMATION TO A PEACE OFFICER, EITHER ORALLY OR IN WRITING, IS A MISDEMEANOR PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 20 AND 31.

SIGNATURE PRINT NAME AND
VACH

TITLE F
9/ 2023

TO BE COMPLETED BY CHP

AREA APPROVAL

APPROVED DISAPPROVED

REMARKS ( REQUIRED IF DISAPPROVED)

AREA COMMANDER' S SIGNATURE

MAXIMUM RESPONSE TIME
DATE

HOURS CLASS A CLASS B CLASS C CLASS D
DAY
NIGHT

AGREEMENT TERM

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON

AND END ON

DIVISION APPROVAL ( REQUIRED IF APPLYING FOR MULTIPLE AREAS)

APPROVED DISAPPROVED

REMARKS

DIVISION COMMANDER' S SIGNATURE
DATE
Destroy Previous Editions Chp234A_ 0419. pdf
-66-
EXHIBIT 3
Summary Comparison
-67-
2024- 2025 REQUEST FOR PROPOSAL TOW ROTATION CONTRACT

A & G ARMADA BILL &
WAGS

EDWIN' S PEPE' S STATEWIDE WILSON' S
Submitted On
Time
Yes Yes Yes Yes Yes Yes Yes
Within 1. 5 Miles
From City
Yes, 0. 1
Mile
Yes No,
2 Miles
Yes No
2 miles
exception)
Yes, 1. 4
Miles
Yes, .25
Miles
Insurance
Meets
Regulations
Yes Yes Yes Yes Yes Yes Yes
Current
Highland
Business
License
Yes Yes Yes Yes Yes Yes Yes
Tow Rates
Class A
Hourly Rate 310/ 320 350 368. 50 363 350 Day - $ 311
Night - $ 325
300
Inside Storage 85 82 88 71 72. 50 69 70
Outside Storage 75 76 77 71 70 57 66
Labor 85 50 75 45 50 38 65
Of Trucks 7 13 7 4 48 5 12
Class B
Hourly Rate 340/ 350 385 385 375 375 Day - $ 370
Night - $ 387
340
Inside Storage 85 86 88 71 75 N/ A N/ A
Outside Storage 80 79 82. 50 71 72 76 71
Of Trucks 1 1 1 1 1 0 1
Class C
Hourly Rate 400/ 410 475 550 471 475 Day - $ 473
Night - $ 522
450
Inside Storage 90 91 93. 50 77 80 N/ A N/ A
Outside Storage 85 87 88. 00 77 80 92 76
Of Trucks 0 2 1 1 4 0 1
Class D
Hourly Rate 420/ 430 550 580. 50 496 550 Day - $ 560
Night - $ 576
500
Inside Storage N/ A 91 93. 50 77 80 N/ A N/ A
Outside Storage 85 87 88 77 80 92 76
Of Trucks 2 2 5 2 4 8 2
-68-
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-69-
EXHIBIT 4
Final Tow Company Agreement Form
-70-

AGREEMENT BETWEEN THE CITY OF HIGHLAND AND

FOR TOWING SERVICES

IN THE CITY OF HIGHLAND
THIS AGREEMENT made and entered
2023,
referred to as " CITY") and
referred to as the " OPERATOR")
collectively as "the Parties."
into this day of
by and between the City of Highland ( hereinafter
a Towing Company ( hereinafter
The CITY and OPERATOR shall be referred to

WITNESSETH
WHEREAS, CITY seeks to engage the services of the OPERATOR to participate in CITY Tow Rotation Program (" PROGRAM") for towing services throughout the CITY for the removal of vehicles from the public Right -of -Way (i. e. " Off -Site Vehicle Removal") and the removal of inoperable vehicles from private property ( i. e. " Vehicle Abatement Services") at no cost or charge to the CITY, or its contract services with the San Bernardino County Sheriffs Department.

WHEREAS, CITY agrees to utilize, on a rotational basis, for the PROGRAM, only those OPERATOR( S) located in the CITY or located within a mile and a half of the CITY, who have signed an Agreement with the CITY.

WHEREAS, the OPERATOR who is a signatory to this Agreement, has completed and submitted the necessary Towing Applications and other documents required by CITY and has been approved by the CITY to participate in the PROGRAM.

WHEREAS, OPERATOR represents that it has the necessary expertise, equipment, storage facilities, personnel and insurance to meet all requirements of CITY to provide towing services within the CITY.

WHEREAS, CITY has relied upon OPERATOR representations in entering into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

Section 1. Definitions.

The following defined terms shall be used in this Agreement:

APPEAL: The final level of review for written reprimands, suspensions, terminations, or review of a CITY' S decision regarding disciplinary action.

Page 1 ends

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AREA: City of Highland Corporate Boundary.

CHP: The Department of the California Highway Patrol.

ENROLLMENT PERIOD: The period of time when a tow company may submit an application for inclusion on the CITY'S Rotation Tow List.

LOAD SALVAGE OPERATIONS: Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle. This will be limited to operations involving Class B, C, and D TOW TRUCKS.

NOTICE: All notices relating to this Agreement shall be in writing and delivered to the other Party in person, via FAX, or by US Mail.

OPERATOR: A tow service which has signed the Tow Service Agreement, and is approved to receive CITY referred calls. The term, " operator' refers to the company, its owner( s), and its manager( s) who have authority to enter into an Agreement with the CITY for towing services and to conduct business in accordance with the terms of this Agreement.

PORTAL TO PORTAL: Service shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the TOW TRUCK back into service when unusual circumstances require additional time that are not part of normal operating procedures. ( Examples: 1) 4 X 4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment; 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; 3) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.)
POSSESSION: Pursuant to Section 3068. 1 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.

PUBLIC SAFETY RESPONSE: A response which results in a storage of a vehicle at the direction of an officer. This does not include storage at the request of the vehicle operator, registered owner, or agent.

RECOVERY OPERATION: An operation involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle. This will normally be limited to operations requiring a Class B, C or D TOW TRUCK( s).

Page 2 ends

-72-
RESPONSE TIME: The period of time from an operator' s notification by the CITY Communications Center of a call to the arrival of the TOW TRUCK at the location requested.

RETAIL RATE: The usual customary retail rate charged by an operator to individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.

SUSPENSION: Removal of an operator from the CITY' S Rotation Tow List for a specified period of time. Suspensions may be for periods longer than the current term of the Agreement.

TERMINATION: Permanent removal of a tow operator from the CITY' S Rotation Tow List for the remainder of the term of the Agreement and disqualification from any further participation in the PROGRAM.

TOW TRUCK: A tow truck as defined in Section 615( a) of the California Vehicle Code.

Also includes slide back carriers and wheel life vehicles.

TOW DISTRICT: The geographical area in which an operator may receive CITY referred calls.

WRITTEN REPRIMAND: A written notice to an operator which specifies any violation( s) of the Tow Service Agreement, orders corrective action, and warns of further action( s) to be taken if corrective action is not taken.

Section 2. General Responsibilities of OPERATOR.

A. OPERATOR shall provide towing services at the request and direction of the San Bernardino County Sheriffs Department ( hereinafter referred to as the HIGHLAND POLICE DEPARTMENT") and CITY' S Code Compliance Division for all tows necessary from public Right -of -Way and from private property. Calls for towing services from public Right -of -Way shall be initiated by the HIGHLAND POLICE DEPARTMENT and calls for towing services from private property shall be initiated by the CITY' S Code Compliance Division under the CITY' S Vehicle Abatement Program.

B. The OPERATOR shall be responsible for reasonable cleanup of debris left at the scene of a collision or at the direction of the HIGHLAND POLICE DEPARTMENT.

C. There shall be no charge or fee to the CITY, including the CITY' S Code Compliance Division, or the HIGHLAND POLICE DEPARTMENT for any towing services by the OPERATOR to include vehicles towed at the request of the CITY/HIGHLAND POLICE DEPARTMENT in which the vehicle is used in the commission of a crime or other matters in which the vehicle must be

Page 3 ends

-73-
impounded for investigation and/or further analysis. All charges or fees shall be applied only to the legal owner or registered owner of the vehicle or to the property owner as appropriate. All reference to charges or fees in this Agreement and in exhibits thereto shall refer to charges against the vehicle owner and not to the CITY, including the CITY' S Code Compliance Division, or the HIGHLAND POLICE DEPARTMENT.

D. If the OPERATOR called is unable to respond within 20 minutes (" MAXIMUM RESPONSE TIME"), the OPERATOR must advise the originator of the call ( either the HIGHLAND POLICE DEPARTMENT or CITY' S Code Compliance Division, as appropriate) at the time of the call regarding the anticipated RESPONSE TIME. If the anticipated RESPONSE TIME is unacceptable, other towing arrangements will be made by HIGHLAND POLICE DEPARTMENT or CITY' S Code Compliance Division.

E. The OPERATOR will furnish satisfactory evidence of liability insurance, provide adequate protection of disabled vehicles, and any property contained in such vehicles, while being towed and during storage. Policy expiration dates and any notice of cancellation will be furnished to the CITY immediately upon receipt by the OPERATOR.

F. The OPERATOR shall maintain records of tow services furnished including a description of vehicles, nature of service and time and location of calls. Such records may be inspected at anytime by the HIGHLAND POLICE DEPARTMENT and CITY. The OPERATOR shall mark the windshield of each vehicle towed as part of the PROGRAM to read: " City of Highland" and either " impounded" or stored."
G. The OPERATOR and its TOW TRUCK drivers shall be properly licensed, in accordance with California Vehicle Code (" CVC") Sections 12804. 7 and 12804. 9( b) and the CITY' s business license requirements.

H. Towing vehicles shall be maintained in compliance with the provisions of CVC Sections 24605, 25253, 25300, 27700, and 27907.

J. The OPERATOR shall comply with CVC Section 10652 in reporting the storage of vehicles over 30 days. The HIGHLAND POLICE DEPARTMENT will be furnished a copy of the Report, which the OPERATOR is required to furnish to the Department of Justice by Registered Mail.

K. The OPERATOR shall also be available as necessary to tow any CITY vehicle at no charge. Such vehicles will include: CITY Vehicles, Highland Fire Department / CDF California Department of Forestry (" CalFire") Trucks and associated vehicles, and HIGHLAND POLICE DEPARTMENT patrol cars and associated vehicles. Further, the OPERATOR shall assist the CITY and

Page 4 ends

-74-
HIGHLAND POLICE DEPARTMENT in chan_gin_g flat tires, jump start dead batteries and/or other incidental vehicle problems that may occur from time -to -time during the Agreement period.

L. The OPERATOR shall provide to the CITY applicable Forms CHP 234A, CHP 234B and CHP 234F that shall be kept current during the time period of this Agreement ( see Attachment B).

Section 3. Responsibilities of CITY.

A. The CITY shall establish and maintain a Rotational Tow List (" LIST") for each class of TOW TRUCK, which shall be used by the HIGHLAND POLICE DEPARTMENT and CITY' S Code Compliance Division.

Section 4. Rotation Lists.

A. The CITY shall maintain a LIST for each class of TOW TRUCK to ensure an equitable distribution of calls.

B. Nothing shall prohibit a Class B, Class C, or Class D OPERATOR from maintaining a place on a lighter class LIST.

1. Regardless of the class of TOW TRUCK utilized or responding to the call, charges shall not be more than the class of vehicle towed or serviced, except when recovery operations require a larger class of truck.

C. A call to an OPERATOR shall constitute one turn on the LIST and the OPERATOR shall be moved to the bottom of the LIST. This includes when the OPERATOR fails to answer the phone, is unable to respond, or is canceled because the OPERATOR cannot respond in less time than the MAXIMUM RESPONSE TIME. If it is determined that the OPERATOR is not needed and is canceled by the CITY/ HIGHLAND POLICE DEPARTMENT, up to and including the time the OPERATOR arrives at the scene, there shall be no charges and the OPERATOR will be placed back at the top of the LIST.

1. If the OPERATOR is canceled by the vehicle' s owner or agent prior to the OPERATOR taking POSSESSION of the vehicle, there shall be no charges for towing. The OPERATOR shall immediately contact the
CITY/ HIGHLAND POLICE DEPARTMENT and advise them of the cancellation. The OPERATOR will then be placed back at the top of the LIST.

2. If service, other than towing and recovery, has begun and is canceled by the vehicle' s owner or agent, the OPERATOR may charge a minimum of one- half of the regular hourly service charge, for the time expended on the

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call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the OPERATOR has presented a written statement to the vehicle' s owner or agent for the signed authorization of services to be performed. a. The OPERATOR shall not attempt to take POSSESSION of the vehicle in order to establish a lien for any non -towing services performed, or begun and subsequently canceled, when not entitled to such lien by law. Refer to Civil Code Section 3068. 1 for when a lien begins.

D. If two or more OPERATORS are called to the same incident, distribution of the vehicles shall be at the discretion of the HIGHLAND POLICE DEPARTMENT.

E. HIGHLAND POLICE DEPARTMENT may direct an OPERATOR to move vehicles to help clear a roadway or for lifesaving operations. OPERATORS shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR' S place on the LIST.

F. An OPERATOR must have a business office and/ or storage facility located within the CITY, or within a one and half mile radius of the CITY' S boundaries. A secondary business and storage facility, whether within the CITY limits or not, does not qualify the OPERATOR for an additional position on the LIST.

Section 5. TOW TRUCK Classifications.

A. An OPERATOR shall equip and maintain TOW TRUCKS covered under this Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations and the specifications contained in this Agreement, and consistent with industry standards and practices.

Notwithstanding CVC Section 615, all TOW TRUCKS shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of the Agreement, " a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary TOW TRUCK for the LIST.

2. An OPERATOR who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.

B. A violation of the Gross Vehicle Weight Rating (" GVWR") and safe loading requirements of a TOW TRUCK shall be cause for immediate suspension. This includes exceeding the TOW TRUCK'S GVWR, front axle weight rating, rear axle

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weight rating, maximum tire weight ratings, or not maintaining 50 percent of the TOW TRUCK' S unladen weight on the front axle when lifting / carrying a load.

C. There will be four classes of TOW TRUCKs covered under this Agreement.

1. Class A - Light Duty
a. An OPERATOR shall maintain a minimum of one TOW TRUCK with a manufacturer' s GVWR of at least 10, 000. Class A equipment specifications can be found in Attachment A of this Agreement. 1) The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is
required.
2) A "trailer for hire" shall not be approved for listing as a Class A TOW TRUCK.
3) Tow companies whose equipment had previously been
approved, but who do not have wheel lift capabilities, may apply for and receive a Class A Tow Rotation Listing.

However, equipment purchased on or after July 1, 2000,
shall not be approved unless the equipment brings the
OPERATOR into compliance with the minimum
requirements.

2. Class B - Medium Duty
a. An OPERATOR shall maintain at least one TOW TRUCK with a manufacturer' s GVWR of at least 19, 501 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
1) The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

3. Class C - Heavy Duty
a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer' s Gross Vehicle Weight Rating ( GVWR) of at least 33, 000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.

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b. The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

4. Class D - Super Heavy Duty
a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer' s GVWR of at least 50, 000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle. b. The CITY may require more than one ( 1) TOW TRUCK in areas where rapid response for congestion relief is required.

5. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Attachment B of this Agreement.

D. The OPERATOR shall only use those TOW TRUCKS approved by the CITY to be part of the PROGRAM.

Section 6. Tow Drivers.

A. The OPERATOR shall ensure that TOW TRUCK drivers responding to calls initiated by the HIGHLAND POLICE DEPARTMENT OR CITY' S Code Compliance Division are qualified and competent employees of the OPERATOR. The OPERATOR shall ensure that the TOW TRUCK drivers are trained and proficient in the use of the TOW TRUCK and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the PROGRAM. TOW TRUCK drivers shall be at least 18 years old and possess the following minimum Class Driver' s License:

Class A TOW TRUCK - A valid Class C License, or a valid Class A License with valid Medical Certificate.

2. Class B TOW TRUCK - A valid Class C License for non -regulated vehicles, or a valid Class A License with valid Medical Certificate for regulated vehicles pursuant to CVC Section 34500.

3. Class C TOW TRUCK - A valid Class A License with valid Medical Certificate.

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4. Class D TOW TRUCK - A valid Class A License with valid Medical Certificate.

B. The Class A Licenses must be endorsed to allow operation of special vehicle configurations and/ or special cargoes ( Refer to Attachment A).

C. The OPERATOR shall maintain a current list of drivers.

1. The OPERATOR shall provide a current list of his/ her drivers to the CITY.

The OPERATOR shall notify the CITY upon any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s).

An updated list shall be provided to the CITY within seven ( 7) calendar days of any change in driver status.

2. OPERATORS, shall at a minimum, maintain the following information for each employee ( Form CHP 234F may be used to provide the information):
a. Full Name.
b. Date of Birth.

C. California Driver License Number.
d. Copy of valid Medical Certificate, if applicable.
e. Job Title / Description.
f. Current Home Address.
g. Current Home Telephone Number.
h. Type( s) of truck( s) driver has been trained and instructed to operate.

D. All TOW TRUCK drivers and the OPERATOR shall be enrolled in the California Department of Motor Vehicles Employer Pull Notice Program (" Pull Notice Program").

1. Upon the addition of new drivers, an OPERATOR will be granted a maximum of 30 days to enroll in the Pull Notice Program.

2. Pull Notices shall be kept on file, signed, and dated by the OPERATOR.

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3. The CITY may require an OPERATOR to provide copies of Pull Notice Reports to the CITY from time -to -time.

Section 7. Rates.

A. Fees charged for response calls originating from the CITY' s Code Compliance Division or HIGHLAND POLICE DEPARTMENT, shall not exceed the rates set forth in Attachment B.

B. The rate for towing shall be from PORTAL to PORTAL and may be at a one hour minimum. Charges in excess of one hour may be charged in up to fifteen 15) minute increments. There shall be no additional charges for mileage, labor, etc. and/ or for an OPERATOR' S time to release a vehicle when the storage facility is not at the same location and the request for the vehicle' s release is made within typical business hours and days. In addition, if the HIGHLAND POLICE DEPARTMENT requests a tow from a storage facility to the Special Investigation Division ( SID) of the San Bernardino County Sheriff' s Department, there shall be no additional charges to the CITY or owner of the vehicle. Secondary towing requested by the vehicle owner or his/ her agent may be negotiated by the OPERATOR in accordance with the OPERATOR'S private business practices.

1. The OPERATOR may charge up to a one -hour minimum per call on PUBLIC SAFETY RESPONSE calls.

2. The OPERATOR shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

C. Rates for service calls ( out of gas, lockouts, etc.) shall be from PORTAL TO PORTAL, and may be at the hourly rate with a thirty ( 30) minute minimum. Charges in excess of thirty ( 30) minutes may be charged in up to fifteen ( 15) minute increments.

D. Fees for Special Operations.

1. For special operations involving Class B, C, and D TOW TRUCKS such as vehicle recovery operations and LOAD SALVAGE OPERATIONS, the fees shall not exceed the rates set forth in Attachment B. Charges in excess of thirty -minutes may be charged in up to fifteen ( 15) minute increments.

2. OPERATOR shall submit a mark- up rate ( percentage of the cost to the OPERATOR) for retail equipment and specialized labor not otherwise listed on Attachment B.

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3. If OPERATOR performs a service for which a required rate was not submitted to, and approved by, the CITY, the OPERATOR shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the OPERATOR may only charge for the actual rate paid for the labor.

E. The total fees charged for after-hours release shall be no more than one- half 1/ 2) the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.

F. Storage Fees.

Storage fees, for inside and outside storage, shall not exceed the rates set forth in Attachment B.

2. The OPERATOR shall display in plain view at all cashier' s stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.

3. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day.

G. This Section of the Agreement shall not apply if the OPERATOR responds to a CITY/ HIGHLAND POLICE DEPARTMENT call in a location where towing rates for all tow companies are established by a City or County Ordinance.

H. The schedule of rates charged by the OPERATOR shall be made available upon demand to person( s) for whom the tow services were provided or his/ her agent, or any CITY representative.

The Rate Schedule included in Attachment B represents the maximums an OPERATOR may charge on a CITY/ HIGHLAND POLICE DEPARTMENT call. An OPERATOR is not precluded from charging less when deemed appropriate by the OPERATOR. These requirements shall not be construed as requiring a charge when an OPERATOR would not normally charge for such service.

1. No OPERATOR or employee shall refer to any rate as the minimum required or set by the CITY.

Section 8. Response to Calls.

A. The OPERATOR shall respond to CITY/ HIGHLAND POLICE DEPARTMENT calls 24 hours a day, seven days a week, within the MAXIMUM RESPONSE

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TIME. The OPERATOR shall advise CITY/HIGHLAND POLICE DEPARTMENT, at the time of the notification, if they are either unable to respond or unable to meet the MAXIMUM RESPONSE TIME. If, after accepting the call, the OPERATOR is unable to respond or will be delayed in responding, the OPERATOR shall immediately notify the CITY/ HIGHLAND POLICE DEPARTMENT. The OPERATOR shall not assign initial calls to other OPERATORS.

1. Failure( s) to respond and/ or failure( s) to meet the MAXIMUM RESPONSE TIME requirements shall constitute failure to comply with the terms and conditions of this Agreement.
a. The CITY may take immediate disciplinary action for any violation of the requirement to respond within the MAXIMUM RESPONSE TIME.
b. When an OPERATOR will be temporarily unavailable to provide services due to a preplanned / scheduled activity, e. g. vacation, maintenance, medical leave, etc., the OPERATOR shall notify the CITY at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

B. The OPERATOR, or his/ her employee( s) responding to a CITY/ HIGHLAND POLICE DEPARTMENT call, shall perform the towing or service required for which he/ she was called. This requirement may be waived by the CITY/ HIGHLAND POLICE DEPARTMENT, if the requested equipment is inadequate for the service to be performed.

1. Any refusal to respond or to perform the required towing or service will subject the OPERATOR to SUSPENSION, if deemed appropriate by the CITY.

C. An OPERATOR shall not respond to a CITY/ HIGHLAND POLICE DEPARTMENT call assigned to another OPERATOR, unless requested to do so by the CITY/ HIGHLAND POLICE DEPARTMENT.

1. There may be times when the OPERATOR assigned the initial CITY/ HIGHLAND POLICE DEPARTMENT call may require the
assistance of an additional OPERATOR at the scene. The OPERATOR assigned the initial call may, subject to prior agreement with the CITY/ HIGHLAND POLICE DEPARTMENT, and with the concurrence of the CITY/ HIGHLAND POLICE DEPARTMENT, request a specific OPERATOR to assist him/ her. The request shall be routed to the additional OPERATOR through the CITY/ HIGHLAND POLICE
DEPARTMENT.

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2. There may be times when an OPERATOR, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a HIGHLAND POLICE DEPARTMENT officer requests his/ her assistance in clearing the roadway. In such a case, the OPERATOR may be requested to move the vehicle to a safe location, as directed by the HIGHLAND POLICE DEPARTMENT officer and leave it.

There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR'S place in the rotation on the LIST.

D. Only the TOW TRUCK personnel and equipment requested shall respond to a CITY/ HIGHLAND POLICE DEPARTMENT call. Additional TOW TRUCK personnel and equipment shall be at the approval of the CITY/ HIGHLAND POLICE DEPARTMENT. This shall not preclude the OPERATOR from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service.

Section 9. Storage Facility.

A. The OPERATOR shall provide adequate security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The OPERATOR is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.

B. If an OPERATOR has a storage facility within the CITY, the storage facility shall be in compliance with all Zoning and Development Regulations in effect during the term of this Agreement. In addition to Zoning and Development Regulations for such a use, OPERATOR shall comply with the following:

Vehicle storage area shall be improved with an impervious material such as Portland Concrete Cement ( PCC) or Asphaltic Concrete ( AC) or other surface as approved by the CITY' S Planning Division. Bare soil is not permitted.

2. All non -conforming signs shall be removed.

3. The storage lot shall be fenced and screened from view. The screening material can be either landscaping ( i. e. vines, bushes) or fencing material i. e. slats), or combination thereof.

4. Security lighting shall be provided in the storage lot area.

C. If the Community Development Director determines that the Storage Facility

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does not comply with the CITY' S Zoning and Development Regulations and the conditions set forth in this Section 9, the CITY' s Community Development Director, at his or her discretion, can seek to TERMINATE or SUSPEND the Agreement.

D. The OPERATOR shall notify the CITY/ HIGHLAND POLICE DEPARTMENT in writing, prior to the removal of property from a stored vehicle and will provide a receipt to the registered owner or his or her representative with a copy placed in the stored vehicle. The requirement to notify the CITY/HIGHLAND POLICE DEPARTMENT prior to the removal of property may be waived by the CITY/ HIGHLAND POLICE DEPARTMENT in writing if determined that proper safeguards and procedures are utilized by the OPERATOR.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

2. The OPERATOR shall release personal property from the vehicle at the request of the vehicle owner or his/ her agent. If such a release is made, the OPERATOR shall notify the CITY/ HIGHLAND POLICE DEPARTMENT in writing prior to releasing the personal property.
a. Personal property is considered to be items which are not affixed to the vehicle.
1) Personal property includes: papers, transportable cellular telephones, pull- out radios, portable radios and/ or portable stereo equipment, clothes, luggage, tools, etc.
2) Personal property from a stored vehicle shall be released upon request of the vehicle owner or agent, unless
prohibited by CITY/ HIGHLAND POLICE DEPARTMENT.

3. Cargo shall be released upon demand of the carrier, unless prohibited by CITY/ HIGHLAND POLICE DEPARTMENT, or pursuant to a court order.

E. The primary storage facility shall normally be at the same location as the business address and shall not be located greater than one and one- half ( 1. 5) miles from CITY limits. If the OPERATOR utilizes a second storage facility, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle, except as set forth above. There shall be no additional charge for transporting an impounded and/ or stored vehicle from the OPERATOR' S secondary storage facility to the primary storage facility if requested to do so by the CITY/ HIGHLAND POLICE DEPARTMENT or the owner of the vehicle or his/ her authorized representative. Prior to the utilization of new storage facilities

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not listed on the Application for Rotation Tow Listing, the OPERATOR shall obtain the CITY' S approval and furnish the address.

Secondary storage facilities shall be located reasonably close ( as determined by the CITY' S Community Development Director and the HIGHLAND POLICE DEPARTMENT) to the main business office and approved by the CITY. Any changes to the location of the secondary storage facility without written approval by the CITY shall be prohibited and subject to Disciplinary Action as set forth in Section 18.

F. OPERATOR shall maintain sufficient storage spaces.

G. An OPERATOR' S place of business and storage facility, if separate from the place of business, shall have a sign that clearly identifies it to the public as a towing service. The sign shall also identify where a customer can file a complaint with the CITY regarding the PROGRAM. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.

H. For the purpose of this Agreement, " normal business hours" shall not be less than 8 a. m. to 5 p. m., Monday through Friday, and shall be manned during said business hours, except for the following holidays:

1. New Year' s Day, President' s Day, Memorial Day, Independence Day, Labor Day, Veteran' s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

2. Business hours shall be posted in plain view to the public at both the place of business and/or storage facility.

Employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles / property.

The release of vehicles shall be conducted in accordance with local HIGHLAND POLICE DEPARTMENT procedures.

Section 10. Insurance.

The OPERATOR shall maintain the following minimum levels of insurance from an insurance carrier admitted in California:

A. Minimum Scope of Insurance:

Insurance Services Office Commercial General Liability coverage Occurrence for CG 0001).

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2. Insurance Services Office Form Number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, Code 1 ( any auto).

3. Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance.

B. Minimum Limits of Insurance:

1. Commercial Business Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage with a combined single limit for Class A TOW TRUCKS. The combined single limits for Class B, C, and D TOW TRUCKS shall be not less than $ 1, 000,000. These minimum standards are to include non -owned and hired auto coverage.

2. Employers Liability: $ 1, 000, 000 per accident for bodily injury or disease.

3. On -Hook Coverage: Insuring the vehicle in tow with limits based on the size of the TOW TRUCK.
a. Class A TOW TRUCK $ 75, 000
b. Class B TOW TRUCK $ 100, 000
C. Class C TOW TRUCK $ 200, 000
d. Class D TOW TRUCK $ 250, 000

4. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than 500,000.

5. Garage Keepers Liability: Shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control of the OPERATOR in the storage yard.

6. Uninsured Motorist: Legal minimum, combined single limit.

7. In no case shall the required insurance coverage have a deductible greater than $ 1, 000.

C. Deductibles and Self -Insured Retention:

Any deductible or self -insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects to the CITY and the HIGHLAND

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POLICE DEPARTMENT, and their officers, officials, employees and volunteers: or the OPERATOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions:

The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The CITY and the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers are to be covered as insured with respect to liability arising out of automobile owned, leased, hired or borrowed by or on behalf of the OPERATOR; and with respect to liability arising out of work or operations performed by or on behalf of the OPERATOR under the Agreement including materials, parts or equipment furnished in connection with such work or operation. General liability coverage can be provided in the form of an endorsement the OPERATOR' S insurance, or as a separated owner' s policy.

2. For any claims related to this AGREEMENT, the OPERATOR' S insurance coverage shall be primary insurance as respects the CITY and the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY or the HIGHLAND POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers shall be excess of the OPERATOR' S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by the OPERATOR, except after thirty 30) days' prior written notice by certified mail, returned receipt requested, has been given to the CITY.

4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY and the HIGHLAND POLICE DEPARTMENT, and their officers, official, agents, employees or volunteers.

E. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII.

F. Verification of Coverage:

OPERATOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section. The endorsements

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