Highland City Council
October 14, 2025

25 follows:
5601.2.4.5 Additional requirements.

In addition to the requirements set forth in this Article, the police department, the fire department or the San Bernardino County Sheriff’s Department may, for the safety and security of the public, set additional requirements for a permit application.

BB. Section 5601.7 of the California Fire Code is hereby amended to read as follows:
5601.7 Seizure of fireworks.

The storage, use, sale, possession, and handling of fireworks 1.30 is prohibited.

The sales, use and/or display of fireworks 1.4G (commonly referred to as Safe & Sane) is prohibited. The Chief, the police department and the San Bernardino County Sheriff’s Department are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, offered or exposed for sale, stored, handled or held in violation of Title 19 CCR, Chapter 6.

EXCEPTION: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator.

CC. Section 5604.1.1 is hereby added to the California Fire Code to read as follows:
5604.1.2 Temporary storage.

For the purpose of this part, temporary storage shall mean no longer than 4 hours or the end of the workday, whichever time is less.

DD. Section 5604.1.3 is hereby added to the California Fire Code to read as follows:
5604.1.3 Storage.

The police department and the Chief may authorize the storage of smokeless powder not to exceed 100 pounds, sporting black powder not to exceed 25 pounds, and up to 75,000 small arms primers in approved portable magazines in approved establishments. Sporting black powder, when authorized, shall be stored in an approved portable magazine. Small arms primers or percussion caps shall be stored in a manner prescribed by the police department, the San Bernardino County Sheriff’s Department and the Chief.

EE. Section 5604.3.4 is hereby added to the California Fire Code to read as follows:
5604.3.4 Magazines required.

26 Explosive materials shall be stored in magazines in accordance with Section 5604.3. Magazines shall at all times be in the custody of a person holding a valid explosives permit who shall be at least 21 years of age and who shall be held responsible for compliance with all safety precautions.

FF. Section 5604.3.4.1 is hereby added to the California Fire Code to read as follows:
5604.3.4.1 Magazine size.

Indoor magazines shall not be of a size greater than the exit door or contain more than 50 pounds of explosive materials.

GG. Section 5604.3.5 is hereby added to the California Fire Code to read as follows:
5604.3.5 Powder.

The amount of powder stored in an indoor magazine shall not exceed 50 pounds.

HH. Section 5604.3.6 is hereby added to the California Fire Code to read as follows:
5604.3.6 Classification and use of magazines.

Magazines shall be classed as Type 1,2, 3, 4 or 5 and used in accordance with Title 27, Code of Federal Regulations, Part 55, Subpart K, and Title 19, California Code of Regulations, Subchapter 6, Section 989, as amended.

II. Section 5604.3.7 is hereby added to the California Fire Code to read as follows:
5604.3.7 Use and handling.

The police department, San Bernardino County Sheriff’s Department, and the fire department shall be notified prior to detonation of any explosives.

JJ. Section 5604.3.8 is hereby added to the California Fire Code added to read as follows:
5604.3.8 Personnel qualifications.

The handling and firing of explosives shall be performed only by person(s) possessing a valid explosives permit issued by the San Bernardino County Sheriff’s Department.

KK. Section 5604.3.9 is hereby added to the California Fire Code to read as follows:
5604.3.9 Utility notification.

When blasting is being conducted in the vicinity of gas, electric, water, sewer, fire alarm, telephone, telegraph, cable television or stream utilities, the blasting person

27 shall notify the appropriate representative of such utilities at least 24 hours in advance of blasting specifying the location and intended time of such blasting.

EXCEPTION: In an emergency, advance notification may be waived by the Chief, the police department and the San Bernardino County Sheriff's Department. The fire department shall be notified prior to detonation of any explosives.

LL. Section 5604.10.2.1 is hereby added to the California Fire Code to read as follows:
5604.10.2.1 Deteriorated material handling.

When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such explosive material shall immediately contact the police department, the San Bernardino County Sheriff’s Department and the Chief.

The work of destroying explosive materials shall be directed by persons experienced in the destruction of explosive materials. Explosive materials recovered from blasting misfires shall be handled in a standard method for disposal. Only persons holding a valid explosives permit shall do the work of destroying explosives.

MM. Section 5605.1 the California Fire Code is hereby amended to read as follows:
5605.1 Manufacturing.

The manufacturing of fireworks is prohibited.

NN. Section 5605.1.2 is hereby added to the California Fire Code to read as follows:
5605.1.2 Pyrotechnic special effects material.

A permit is required to manufacture, compound, store or use pyrotechnic special effects material. A permit for use shall be granted only to a licensed pyrotechnic operator. See Section 105.5.16
OO. Section 5704.3.1.2 is hereby added to the California Fire Code to read as follows:
5704.3.1.2 Lubricating oil.

Lubricating oil that has been drained from motor vehicles shall be stored and handled as required for Class III-B liquids. Crankcase drainings and waste oil products may be stored in an above-ground tank as approved by the Chief.

Drainings and used oils may also be stored outside a building in not more than 3 tight drums having an aggregate capacity not exceeding 180 gallons.”

28 Section 14. Code Amendment. Chapter 15.32 of Title 15 (Buildings and Construction) of the Highland Municipal Code is hereby amended to read as follows:

“Chapter 15.32 California Existing Building Code.

Sections:

15.32.010 Adoption of the California Existing Building Code

15.32.020 Purpose

15.32.010 Adoption of the California Existing Building Code.

The California Existing Building Code, 2025 Edition (Part 10 of Title 24 of the California Code of Regulations), including Chapter 1, Division II “Scope and Administration”; based on the 2024 International Existing Building Code as published by the International Code Council, is adopted by reference. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the existing building code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

15.32.020. Purpose.

The purpose of this code is to establish the minimum requirements to safeguard public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; Safety the life and property from fire and other hazards attributed to the built environment; And provide safety to firefighters and emergency responders during emergency operations.”
Section 15. Code Amendment. A new Chapter 15.36 (“California Green Building Standards Code”) is hereby added to Title 15 (Buildings and Construction) of the Highland Municipal Code to read as follows:

“Chapter 15.36 California Green Building Standards Code.

Sections:

15.36.010 Adoption of the California Green Building Standards Code

15.36.020 Purpose

15.36.010 Adoption of the California Green Building Standards Code.

The 2025 California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), also referred to as the CAL-Green Code, as published by the International Code Council, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the green building standards code for the City of Highland.

The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

29 15.36.020. Purpose.

The purpose of this code is to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories:

1. Planning and design

2. Energy efficiency

3. Water efficiency and conservation

4. Material conservation and resources efficiency

5. Environmental Quality”

Section 16. Code Amendment. Chapter 15.38 of Title 15 (Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

“Chapter 15.38. California Referenced Standards Code.

Sections:

15.38.010 Adoption of the California Referenced Standards Code

15.38.020 Purpose

15.38.010 Adoption of the California Referenced Standards Code.

The 2025 California Referenced Standards Code, 2025 Edition (Part 12, Title 24 of the California Code of Regulations) as published by the International Code Council, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the referenced standards code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

15.38.020. Purpose.

The purpose of this code is to prescribe regulations for the design, operation and construction of new structures to reduce negative impact, create energy efficient structures, positive environmental conditions and encourage sustainable construction practices.”

Section 17. California Environmental Quality Act (CEQA). The City Council has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”). The adoption of this Ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this Ordinance, and the regulations established thereby, may have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

30 Section 18. Savings Clause. The repeal, of this ordinance, or of any other ordinance creating a criminal offense does not constitute a bar to the prosecution and punishment of any act already committed in violation of the law so repealed.

Section 19. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 20. Certification and Publication. The City Clerk shall certify the passage of this Ordinance and shall cause same to be published pursuant to state law within fifteen (15) days after its passage, and this ordinance shall become effective the later of thirty (30) days after its passage, or January 1, 2026.

PASSED, APPROVED, AND ADOPTED this day of , 2025.

Penny Lilburn
Mayor

ATTEST:

Alondra Munoz,
City Clerk

APPROVED AS TO FORM:

31 _______________________________________
Maricela Marroquin
City Attorney

Attachment “B”
Resolution

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT
MODIFICATIONS TO THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA PLUMBING
CODE (APPENDIX ONLY), 2025 WILDLAND-URBAN INTERFACE
CODE AND THE 2025 CALIFORNIA FIRE CODE AS ADOPTED BY THE

CITY OF HIGHLAND, ARE REASONABLY NECESSARY BECAUSE OF

LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL

CONDITIONS

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. Recitals.

WHEREAS, Health and Safety Code Section 17958 provides that the City of Highland (“City”) shall adopt codes imposing the same or modified or changed requirements as are contained in the California Building Standards Code adopted and published by the State pursuant to Health and Safety Code Sections 17922 and 18930; and
WHEREAS, Health and Safety Code Sections 17958.5(a) and 18941.5(b) permit the City to make modifications to building standards contained in the Codes comprising the California Building Standards Code, provided the City Council makes express findings that such modifications are reasonably necessary because of local climatic, geological, and/or topographic conditions; and
WHEREAS, the City of Highland Community Development Department has determined that certain modifications to the Codes are reasonably necessary due to local conditions in the City of Highland, in order to more fully protect the public health, safety and welfare, and safeguard life and property within the City of Highland.

Section 2. Resolution.

A. The facts set forth in the Recitals in Section 1 above are true and correct.

B. The local conditions, more fully described below, exist within the City of Highland which justify amendments to the 2025 Wildland-Urban Interface Code, and 2025 California Fire Code. The City Council of the City of Highland finds that these local climatic, geological, and topographical conditions and findings include but are not limited to the following:

1. (Climatic) The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. In addition, there have been

longstanding drought conditions in the area. These climatic conditions are conducive to the spread of fire. For example, during July, August and September temperatures often exceed 100 degrees Fahrenheit. During this same period, relative humidity is typically less than 30% and measurements of less than 10% are not uncommon. These recordings have been documented by the National Climatic Data Center. With the drying of brush and other combustible materials, these conditions cause an above average amount of fuel within the City and surrounding areas.

2. (Climatic) The City is subject to extremely strong winds, commonly referred to as “Santa Ana” winds which can easily reach 40 miles per hour and have had recorded gusts exceeding 100 miles per hour. These winds can exacerbate the spread of wildfires and structure fires as the prevailing winds compress as it rises across the foothills to the mountain ridges at the North and East sides of the City.

3. (Topographic) Much of the Northeast and Eastern portions of the City are in the wildland urban interface (WUI) area including the San Bernardino National Forest.

This creates unique challenges with development in terms of emergency access, adequate water supply and an extended response time from the nearest fire stations(s).

In addition, due to the sharp rise of the San Bernardino Mountain slopes from the valley floor and with several drainages, this area is subject to flooding even with seasonal precipitation that occurs at higher elevations.

4. (Geological) The San Andreas Fault runs through the Northeast portion of the city and is easily capable of producing a major earthquake exceeding 7.0 on the Richter scale. An earthquake of this size or greater could cause severe infrastructure damage to utilities, including water supply utilized for fighting fires, broken gas lines and downed power line. Fire services will be overtasked and many roads would not be useable or safe.

5. (Climatic) The City is prone to fires. On June 27, 2017 there was a 900- acre wildfire in Highland that forced the evacuation of about 200 residents. On July 12, 2017 there was a 33-acre fire that burned in the City. A few days later on July 14, 2017, there was a 450-acre brush fire that burned around homes in the City. In the neighboring City of San Bernardino, there was a brush fire on October 21, 2019 that destroyed or damaged nine homes. On October 24, 2019 there was a wildfire in San Bernardino that burned 145 acres. According to CalFire, 7,860 fires were reported to CalFire and the US Forest Service in 2019, an increase from the 7,571 fires in 2018. In 2020, these figures increased again to 9,639 fire incidents. In September 2020, the El Dorado Fire occurred in Yucaipa where 22,744 acres were burned, 10 structures were destroyed, and tragically, one firefighter died. In 2024, the Line Fire burned over 43,978 acres displacing thousands of residents, damaging 5 structures, destroying 2 structures and injuring 6 firefighters.

The City is prone to strong winds which help fuel brush fires and can create a dangerous situation and create a risk to the public safety.

6. The City of Highland has topographic conditions consisting of slopes greater than 40 percent.

C. Based upon the recommendations of the Community Development Department, the City Council finds that the amendments are more restrictive than those of the standards adopted by the California Building Standards Commission, and adoption would decrease the potential for and incidence of injury, death and property damage due to the aforementioned local climatic, geological and topographical conditions.

D. Based upon the local climatic, geological, and topographical conditions described in Section 2.B above, the City Council finds that following amendments to building standards in the 2025 California Building Code, California Residential Code, California Plumbing Code (appendix only), California Fire Code and California Wildland- Urban Interface Code, including adoption of certain appendices of said Codes, reflected in Ordinance ________, are more restrictive than those building standards adopted by the California Building Standards Commission; and they are reasonable necessary in order to protect and preserve the public health, safety, and welfare and thereby decrease the potential for and incidence of injury, death and property damage.

E. Adoption of building standards contained in Appendices F, G, H, I , J, and N of the 2025 California Building Code, Volumes 1 and 2 (“CBC”), as set forth in Highland Municipal Code Section 15.04.010, will serve to provide greater protection of the public health and safety and are reasonably necessary based upon the following local conditions, as more fully described in Section 2. B. of this Resolution:

California Building Code Applicable Findings -Sec. 2.B 105.2 Administrative
105.5 Administrative
109.6.1 Administrative
109.7 Administrative
109.7.1 Administrative
108.7.2 Administrative
109.8 Administrative
CBC Appendix F 3 CBC Appendix G 3,6 CBC Appendix H 1,2,4 CBC Appendix I 2,4 CBC Appendix J 1-6 CBC Appendix N 1-6

F. Adoption of building standards contained in Appendices AB, BF and CI of the 2025 California Residential Code (“CRC”), as set forth in Highland Municipal Code Section 15.06.010, will serve to provide greater protection of the public health and safety

and are reasonably necessary based upon the following local conditions, as more fully described in Section 2. B. of this Resolution:

California Residential Code Sections Applicable Findings -Sec. 2.B CRC Appendix AB Administrative CRC Appendix BF 2,4 CRC Appendix CI 3,6

G. Adoption of building standards contained in Appendix H of the 2025 California Plumbing Code (“CPC”), as set forth in Highland Municipal Code Section

15.12.010, will serve to provide greater protection of the public health and safety and are reasonably necessary based upon the following local conditions, as more fully described in Section 2. B. of this Resolution:

California Plumbing Code Section Applicable Findings -Sec. 2.B CPC Appendix H 4,6

H. Adoption of amendments to building standards contained in the 2025 California Wildland-Urban Interface Code (“CWUIC”), as set forth in Highland Municipal Code Section 15.16.030, will serve to provide greater protection of the public health and safety and are reasonably necessary based upon the following local conditions, as more fully described in Section 2. B. of this Resolution:

Cal. Wildland-Urban Interface Code Sections Applicable Findings -Sec. 2.B CWUIC 202 1-3, 5-6 CWUIC 404.2.1 1-6
CWUIC 404.4.1 1, 36 CWUIC 504.10.4 1-3, 56 CWUIC 602.3.3 1-6 CWUIC 604.6 1-6
CWUIC 609.2.8 1-6 CWUIC 610.3 1-6

I. Adoption of amendments to building standards contained in the 2025 California Fire Code (“CFC”), and Appendices Chapter 4, B, BB, C, CC, D, E, F, G, H, I, K, N, O, P, and Q, as set forth in Highland Municipal Code Sections 15.29.010 and 15.29.030, will serve to provide greater protection of the public health and safety and are reasonably necessary based upon the following local conditions, as more fully described in Section

2. B. of this Resolution:

Fire Code Sections Applicable Findings -Sec. 2.B
CFC 103.4, 104.1.1 Administrative
CFC 108.1.1 Administrative
CFC 202 1-6
CFC 202.1 1-6
CFC 305.5.1 1-6
CFC 307.1.2 1-6
CFC 307.1.2.1 1-6
CFC 315.8, 315.9 1-6
CFC 324, 324.1, 324.2, 324.3 1-6
CFC 325, 325.1 1-6 CFC 326, 326.1, 326.2, 326.3 1-6
CFC 327, 327.1 1-6
CFC 328, 328.1, 328.2, 328.3 1-6
CFC 503.1 1-6 CFC 503.1.4, 503.1.5 1-6
CFC 503.2.3 1-6
CFC 503.2.7 1-6
CFC 505.1, 505.1.1 3, 4, 6
CFC 605.3.1 1-6
CFC 605.3.2 1-6
CFC 905.4 1-6
CFC 2809.1.1 1-6
CFC 5601.2 1-6
CFC 5601.2.5 1-6
CFC 5601.2.4.3 1-6
CFC 5601.2.4.4 1-6
CFC 5601.2.4.5 1-6
CFC 5601.7 1-6
CFC 5604.1.2 1-6
CFC 5604.1.3 1-6
CFC 5604.3.4 1-6

CFC 5604.3.4.1 1-6
CFC 5604.3.5 1-6
CFC 5604.3.6 1-6
CFC 5604.3.7 1-6
CFC 5604.3.8, 5604.3.9 1-6
CFC 5604.10.2.1 1-6
CFC 5605.1 1-6
CFC 5605.1.2 1-6
CFC 5704.3.1.2 1-6
CFC Appendix Chapter 4 1-6
CFC Appendix B, 1-6
CFC Appendix BB, 1-6
CFC Appendix C, 1-6
CFC Appendix CC, 1-6
CFC Appendix D, 1-6
CFC Appendix E, 1-6
CFC Appendix F, 1-6
CFC Appendix G, 1-6
CFC Appendix H, 1-6
CFC Appendix I, 1-6
CFC Appendix K, 1-6
CFC Appendix N, 3, 4, 5
CFC Appendix O, 1-6
CFC Appendix P, 1-6
CFC Appendix Q 1-6

J. Assembly Bill 130 Finding. Amendments to building standards affecting residential uses contained in Ordinance No. __________, are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Highland and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5.

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City

Council of the City of Highland hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid.

Section 4. Direction to File. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. _____ with the State Building Standards commission, as required by California Health and Safety Code Section 17958.7.

Section 5. Certification. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this day of , 2025.

Penny Lilburn
Mayor

ATTEST:

Alondra Munoz
City Clerk

Staff Report
to the City Council
Agenda
Item
No.17.

Date: October 14, 2025
From: Carlos Zamano, City Manager
Reviewed By: Lawrence Mainez, Community Development Director Prepared By: Angela Tafolla, Senior Planner
Subject: Selection of an Event Date and Budget for the 28th Annual Citrus Harvest Festival

Recommendation:

The Historic and Cultural Preservation Board recommends the City Council:

1. Select March 28, 2026, as the Event Date for the Citrus Harvest Festival with a Rain Date of April 4, 2026; and

2. Adopt the Budget.

Fiscal Impact:

The Festival Account has a current balance of $444.45. Attached is a Budget for the 2026 Citrus Harvest Festival as recommended by the Historic and Cultural Preservation Board ("Board") (Attachment 1). Expenses are estimated to be $18,470 and revenues $19,000.

Marketing is a significant expenditure. The attached Budget includes expenditures of $1,250 for print and digital media with the SB Sun and its associated publications, $500 for Facebook/Instagram Meta Ads, $700 for an ad in the East Highlands Ranch Newsletter, $1,200 for a replacement street banner over Base Line, and $300 for the printing of posters and flyers. Green canvas pole banners will be installed at their traditional locations along Base Line and Palm Avenue.

In 2025, there was a recommendation to post a second street banner at the East Valley Water District Sterling Natural Resources Center (EVWD SNRC) at 5th Street and Del Rosa Drive to ensure residents were informed of the event City-wide. After receiving approval from EVWD, staff hung a large paper banner at the site several days in advance of the 2025 event. Staff is currently exploring options to expand marketing for the 2026 event. This includes inserts in the Burrtec Waste Industries quarterly flyer, inserts in the EVWD billing inserts and banner at SNRC. The Burrtec inserts have been coordinated and anticipated to run in the first quarter of the year. Staff recently reached out to EVWD and anticipates a response shortly.

The Budget does not reflect a Rain Date contingency or Staff’s time. Costs associated with a Rain Date are approximately $8,000 for re-advertising, vendor cancellations and modifications to entertainment and paid demonstrators. Traditionally, staff time is not charged to the CHF

fund. Planning, Public Works and Finance Departments spend many hours on the event.

Personnel costs are estimated at $25,000.

Public Notice:

The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City’s website.

Background:

Project Review:

Consistent with the traditional citrus harvesting seasons, the Historic and Cultural Preservation Board recommends the Festival be held on March 28, 2026, with a Rain Date the following week, April 4, 2026.

Attachments:

1. 2026 Draft Budget

Item/Description 2025 Budget 2025 expenditures 2026 Budget Advertising - Redlands Daily Facts / SB Sun 1,250.00 1,250.00 1,250.00 Advertising - East Highlands Ranch Newsletter 700.00 680.00 700.00 ‘Peach Jar’ School District Electronic Newsletter 500.00 450.00 - Hot 103.9 Radio Advertisement 1,400.00 1,250.00 - Facebook/Instagram Meta Ads Manager 1,000.00
Historic Demonstrators/Exhibitors (5 x $200 ea) (2 x $300 WAPA/ Heritage Hills) 1,700.00 1,750.00 1,750.00 Entertainment DJ & MC 1,500.00 1,700.00 1,700.00 Citrus Valley Music Boosters & Beattie Middle School 250.00 - 500.00 Balloons street decorations 1,250.00 1,207.00 1,250.00 Insurance 1,800.00 1,717.00 1,800.00 Street Banner over Base Line (date modification) (replacement banner) - - 1,200.00 Portable toilets - add wash stations to all 4 locations for 2026 CHF 2,500.00 1,041.00 2,000.00 Posters Boards, Flyers, print marketing materials 600.00 200.00 300.00 Mobile Stage (rental) 1,100.00 1,143.00 1,420.00 Paper materials, copying, postage 500.00 250.00 250.00 Tables w/ umbrella & chairs for food court & stage area 800.00 740.00 900.00 Signs for parking & festival activities - - - Contest ribbons (126) & Plaques (1 Honorees + 2 Home Restoration) 550.00 117.82 550.00 Kid’s activities 300.00 350.00 400.00 Miscellaneous supplies 400.00 496.00 500.00 Staff shirts (2 x $25) 50.00 - - Contest materials 300.00 398.84 300.00 Car show dash plaques 570.00 687.88 700.00 TOTAL 18,020.00$ 15,428.54$ 18,470.00$ Festival Revenue Projected Received Projected
Sponsorship 12000.00 9800.00 12000.00
Retail vendor Booth spaces 3500.00 3000.00 3500.00
Food vendor booth spaces 2600.00 3400.00 3500.00
TOTAL 18,100.00$ 16,200.00$ 19,000.00$ 2026 DRAFT CHF Budget

Staff Report
to the City Council
Agenda
Item
No.18.

Date: October 14, 2025
From: Carlos Zamano, City Manager
Reviewed By: Lawrence Mainez, Community Development Director Prepared By: Lawrence Mainez, Community Development Director Subject: Consideration of Proposals for the City's Tow Rotation List Program Beginning January 1, 2026 and ending December 31, 2027

Recommendation:

1. Review the proposals from the Tow Operators and award two (2) year agreements to participate in the City's Tow Rotation Program; and

2. Authorize the Mayor to execute the associated 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 their vehicle from the storage yard (fees for service will be attached to the Tow Company Agreements).

Public Notice:

The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City’s website.

Background:

Since 1994, the City Council 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, 2025. Staff circulated a Request for Proposals (RFPs) on August 18, 2025, and posted a notice on the City’s webpage that same week.

Proposals were received until September 4, 2025, 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 proposal from Bill and Wags was also considered by the City Council during the last selection process but was eliminated due to the Council's motion to award contracts to only the existing six (6) tow companies. However, Bill and Wags has submitted a proposal again and is requesting the City Council’s reconsideration for the next two-year program.

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 seventeen (17) 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. All the required forms, and proof of insurance 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 6th 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 seventeen (17) 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. All the required forms, and proof of insurance were submitted.

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

3. Bill & Wag’s Towing Inc. 945 W. Brookton Ave., Redlands, CA 92374 Staff Review: The Operator submitted a proposal during the last selection process, but the City Council opted to eliminate their proposal and narrow the number of contracts to only the existing six (6) tow companies. The Operator is once again requesting the City Council include them in this year's selection process. 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. All the required forms, and proof of insurance were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP except for the distance to the storage facility from City’s corporate boundary which exceeds the required maximum of 1.5 miles. However, the City Council has waived this requirement in the last eight (8) Program cycles provided that the tow company can meet the response time of 20 minutes maximum. At the request of the Operator, staff is including their proposal again for the City Council's consideration.

4. Edwin’s Towing Inc. 25003 E. 5th Street, San Bernardino, CA 92410 Staff Review: The Operator has participated in the Program for four (4) 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. 5th Street within the City’s Business Park Zoning District. All the required forms, and proof of insurance were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP. 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 seventeen (17) 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, and proof of insurance were submitted. The primary storage facility in San Bernardino is over two (2) miles from the City’s boundary.

Recommendation: The Operator meets all requirements of the RFP except for the distance to the storage facility which exceeds the required maximum of 1.5 miles. However, the City Council has waived this requirement in the last eight (8) 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. 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 four (4) 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. All the required forms, and proof of insurance were submitted by the required deadline.

Recommendation: The Operator meets all requirements of the RFP. 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 (31 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. All the required forms, and proof of insurance were submitted by the required deadline.

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

Analysis:

The Tow 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.

No concerns have been identified by the City’s Code Enforcement Division, Public Works Department, Fire Department, and City Police Department.

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 5th 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 2026.

The City Attorney 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 six (6) existing Tow Companies to participate in the City’s two (2) year Tow Rotation Program (January 1, 2026, and December 31, 2027), and provide direction concerning the proposal from Bill & Wags Towing.

Attachments:

1. Exhibit 1 - Request for Proposal Packet (inclusive of the Final Agreement as to Form)

2. Exhibit 2 - Operators' Proposals (California Highway Patrol Form 234A)

3. Exhibit 3 - Summary Comparison

4. Exhibit 4 - Final Tow Company Agreement

Tow RFP 2026-27

R E Q U E S T F O R P R O P O S A L

TOWING SERVICE ROTATION LIST

FOR THE CITY OF HIGHLAND

TOW ROTATION PROGRAM
2026 and 2027

City of Highland
27215 Base Line
Highland, CA 92346

August 18, 2025

Tow RFP 2026-27

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 remo val 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:

1. 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 (1½) 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

Tow RFP 2026-27

January 1, 2026, and terminating on December 31, 2027. Tow companies and/or operators not participating in the Request for Proposal (RFP) process will not be 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.

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SCOPE OF WORK:

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:

Tow RFP 2026-27

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 - 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, September 4, 2025. 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 , [email protected] or Camille Duarte, Administrative Assistant III, Extension 214, [email protected].

Tow RFP 2026-27

AGREEMENT FOR SERVICES:

The following is the Agreement which will be required to be executed by all Tow Companies prior to the Proposals being 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 _________________________ , 2025, 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.”

W I T N E S S E T H
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 re moval 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 Sheriff's 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 s ervices 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.

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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).

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 Sheriff's 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

Tow RFP 2026-27

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 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 any time by the HIGHLAND POLICE DEPARTMENT and CITY. The OPERATOR shall ma rk 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.

Tow RFP 2026-27

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 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 le ss time than the MAXIMUM RESPONSE TIME. If it is determined that the OPERATOR is not needed and is

Tow RFP 2026-27

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 call. For purposes of cancellation, serv ice 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 should 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.

Tow RFP 2026-27

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.

1. 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 transp ort 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 weight rating, maximum tire weig ht 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 equip ment brings the
OPERATOR into compliance with the minimum
requirements.

Tow RFP 2026-27

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.
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.

Tow RFP 2026-27

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.

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.

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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.

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 Cou nty 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.

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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 fiftee n (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.

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 c harge 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.

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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.

I. 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 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 d elayed 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

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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.

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

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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:

1. 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 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 rem oval 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.

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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 ve hicle 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 ut ilization of new storage facilities 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:

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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.

I. 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).

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: $ 2,000,000 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 $ 2,000,000. 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

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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 $1,000,000.

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 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 pr ovided 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,

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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 should be on forms provided by the CITY or on other forms or policies that are approved by the CITY and ame nded 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, includ ing 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 r e- inspection. Failure to pass the re -inspection shall be cause for the

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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.

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:

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1. 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.

1. 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 the LIST for the duration of the SUSPENSION or TERMINATION.

1. 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 t o remain on rotation. The CITY shall give the OPERATOR thirty days written NOTICE of such a meeting.

Section 15. Demeanor and Conduct.

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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:

1. 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 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

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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.

1. 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/h er 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 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

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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 e mployment 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, SUSPE NSION 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.

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 f ifty percent (50%) of the TOW TRUCK’S unladen weight on the front axle when lifting/carrying a load.

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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.

1. 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.

I. 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

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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.

1. 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. 1st Violation in 12 months - letter of written reprimand.

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

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.

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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 empl oyees, 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 SU SPENSION 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 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:

1. Substantial increase or decrease in business expenses.

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

Tow RFP 2026-27

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.

1. 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 31, 2027. 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 inj ury 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,

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except for such loss or damage arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decis ion or by the agreement of the P arties. 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 insur ance 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 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 writin g by the CITY. This Agreem ent may be terminated without cause by either P arty without prejudice by giving thirty (30) days written notice to the other Party.

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

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when received if 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 Section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof b e 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/Venue.

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The CITY and OPERATOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the P arties 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
By: ___________________________________ By:

Penny Lilburn, Mayor Owner/ Representative Signature
Print Name: _____________________

ATTEST APPROVED AS TO FORM:

By: ___________________________ By: ____________________________ Alondra Munoz, City Clerk Maricela Marroquin, City Attorney

Tow RFP 2026-27

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.

II. 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

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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
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

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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

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

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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
l. Under lift rating
-retracted 25,000 pounds
-100” extension** 12,000 pounds
D. Class D TOW TRUCK

1.Equipment Specifications
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

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-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
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
2) Wheel Lift – wheel safety straps, steering wheel

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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
9) Tool kit – should include:

A) Assorted open end wrenches; Standard, 1/4”
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

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I) Mechanic’s wire
J) Plastic electrical tape / duct tape
K) Tire valve core tool
L) Miscellaneous fuses
M) Small pry bar
N) Shop rags
O) Flashlight
P) Socket Sets; 1/4” – 1” and 6 – 19 mm
Q) Ratchet and extensions
10) Sledgehammer
11) Bolt cutters
12) Crowbar
A. Class B

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

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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

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

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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.

ATTACHMENT B
OPERATOR’S Submitted Proposal

2026-2027 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
Yes Yes No Yes

No

Yes Yes
Insurance
Meets
Regulations
Yes Yes Yes Yes Yes Yes Yes
Business
License
Yes Yes Yes Yes Yes Yes Yes
Class A
Hourly Rate $364/
383.24
$364 $405.50 $416 Day-$385
Night-$422
Day - $376
Night - $393
$375
Inside
Storage
$93.60 $85 $87 $83 Day-$79
Night-$79
$76 $93
Outside
Storage
$80.08 $79 $85 $83 Day-$77
Night-$77
$69 $80
Labor $88.40 $52 $137.50 $45 $77 $45 $100
# Of Trucks 5 12 5 4 59 5 9
Class B
Hourly Rate $400.4/
416
$400 $424 $436 Day-$412
Night-453
Day - $447
Night - $486
$425
Inside
Storage
$98.80 $89 $93 $83 Day-$82
Night-82

N/A N/A
Outside
Storage
$88.40 $82 $88 $83 Day-$79
Night-79
$110 $85
# Of Trucks 1 1 0 1 Day 1/Night
0 0 1
Class C
Hourly Rate $494/
572
$495 $605 $540 Day-$520
Night-572
Day - $572
Night - $631
$500
Inside
Storage
$124.8 $94 $98 $88 Day-$88
Night-88

N/A N/A
Outside
Storage
$109.2 $90 $93 $88 Day-$88
Night-88
$110 $90
# Of Trucks 1 4 0 1 1 0 1
Class D
Hourly Rate $572/
603.2
$572 $630 $572 Day-$600
Night-660
Day - $677
Night - $697
$600
Inside
Storage
N/A $94 $98 $88 Day-$88
Night-$88

N/A N/A
Outside
Storage
$109.2 $90 $93 $88 Day-$88
Night-88
$110 $90
# Of Trucks 2 1 5 2 11 8 2

Participation
Years
17 17 0 4 17 4 31

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AGREEMENT BETWEEN THE CITY OF HIGHLAND AND

FOR TOWING SERVICES

IN THE CITY OF HIGHLAND
THIS AGREEMENT made and entered into this _________________________ day of _________________________ , 2025, 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.”

W I T N E S S E T H
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 re moval 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 Sheriff's 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

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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 s ervices 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

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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 Sheriff's 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 t he 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.

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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 any time by the HIGHLAND POLICE DEPARTMENT and CITY. The OPERATOR shall ma rk 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.

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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 le ss 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

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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, serv ice 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 should 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.

1. 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 transp ort 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 weig ht 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 equip ment 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 Cou nty 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

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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.

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 c harge 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.

I. 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.

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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 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 d elayed 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

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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.

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:

1. 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.

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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 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 rem oval 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

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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 ut ilization of new storage facilities 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.

I. 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.

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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).

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: $ 2,000,000 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 $ 2,000,000. 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 $1,000,000.

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.

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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 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 pr ovided 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

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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 should be on forms provided by the CITY or on other forms or policies that are approved by the CITY and ame nded 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, includ ing 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 r e- 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.

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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.

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:

1. 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

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exclusively on a flat monthly rate rather than a vehicle -by-vehicle basis, or combination thereof.

1. 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 the LIST for the duration of the SUSPENSION or TERMINATION.

1. 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 t o 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:

1. Rude or discourteous behavior.

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

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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 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 p ertaining to the tow industry including, but not limited to, the requirements set forth in the California Vehicle Code and California Civil Code.

1. 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/h er driver(s) drive(s) in

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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 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 hiri ng 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 autho rization 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

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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.

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 f ifty 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.

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1. 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.

I. 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.

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1. 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. 1st Violation in 12 months - letter of written reprimand.

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

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 empl oyees, 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 SU SPENSION or TERMINATION.

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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 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:

1. 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.

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1. 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 31, 2027. 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 inj ury 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 arisi ng from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decis ion or by the agreement of the P arties. 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

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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 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 writin g by the CITY. This Agreem ent may be terminated without cause by either P arty without prejudice by giving thirty (30) days written notice to the other Party.

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 if mailed by Certified Mail with Return to Receipt Requested, or otherwise actually delivered.

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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 Section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof b e 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.

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Section 32. Governing Law/Venue.

The CITY and OPERATOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the P arties 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
By: ___________________________________ By:

Penny Lilburn, Mayor Owner/ Representative Signature
Print Name: _____________________

ATTEST APPROVED AS TO FORM:

By: ___________________________ By: ____________________________ Alondra Munoz, 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.

II. 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

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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
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

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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

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

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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
l. Under lift rating
-retracted 25,000 pounds
-100” extension** 12,000 pounds
D. Class D TOW TRUCK

1.Equipment Specifications
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

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-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
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
2) Wheel Lift – wheel safety straps, steering wheel

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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
9) Tool kit – should include:

A) Assorted open end wrenches; Standard, 1/4”
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

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I) Mechanic’s wire
J) Plastic electrical tape / duct tape
K) Tire valve core tool
L) Miscellaneous fuses
M) Small pry bar
N) Shop rags
O) Flashlight
P) Socket Sets; 1/4” – 1” and 6 – 19 mm
Q) Ratchet and extensions
10) Sledgehammer
11) Bolt cutters
12) Crowbar
A. Class B

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

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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

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

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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.

ATTACHMENT B
OPERATOR’S Submitted Proposal

Staff Report
to the City Council
Agenda
Item
No.19.

Date: October 14, 2025
From: Carlos Zamano, City Manager
Reviewed By: Lawrence Mainez, Community Development Director Prepared By: Camille Goritz, Administrative Assistant III Subject: Appoint One (1) Member of the Public to the Community Trails Committee

Recommendation:

Appoint one (1) member of the public to the Community Trails Committee.

Fiscal Impact:

None.

Public Notice:

The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City’s website.

Background:

On August 12, 2025, the City Council declared one (1) seat vacant (Member Brent Merideth resigned as a result of being appointed to the Planning Commission) and posted that vacancy in accordance with the Maddy Act. Pursuant to Chapter 2.32.020 of the Highland Municipal Code, the Community Trails Committee shall consist of five members appointed by the City Council and shall serve without compensation. Each member of the Committee shall serve a two-year term of office and have a demonstrated knowledge and interest in one or more of the following: equestrian activities, bicycling, hiking, nature studies, or landscape/open space design. Four (4) applications have been submitted for consideration and are attached in the order they were received. Therefore, it would be appropriate for the City Council to appoint one (1) individual to the Community Trails Committee.

Attachments:

1. Public Service Applications (Redacted)

ATTACHMENT 1
Public Service Applications

Staff Report
to the City Council
Agenda
Item
No.20.

Date: October 14, 2025
From: Carlos Zamano, City Manager
Reviewed By: Carlos Zamano, City Manager
Prepared By: Alondra Muñoz, City Clerk
Subject: City Manager Report and Comments (Work Program, Regional/Legislative/Development Issues, Subcommittees, etc.)

Recommendation:

Discussion and possible action.

Fiscal Impact:

None.

Public Notice:

The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City’s website.

Background:

Attachments:

None

Staff Report
to the City Council
Agenda
Item
No.21.

Date: October 14, 2025
From: Carlos Zamano, City Manager
Reviewed By: Carlos Zamano, City Manager
Prepared By: Alondra Muñoz, City Clerk
Subject: Councilmember Comments (Agency/Committee/AB 1234 Reports, District Updates, etc.)

Recommendation:

Discussion and possible action.

Fiscal Impact:

None.

Public Notice:

The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City’s website.

Background:

Attachments:

None