ITEM 4. 10
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ESTABLISH THE CITY OF LATHROP POLICE
DEPARTMENT TOW ROTATION PROGRAM POLICIES
AND FEES AND AUTHORIZE CITY MANAGER TO
CONTRACT FOR SERVICES
RECOMMENDATION: Adopt a Resolution to Establish the City of Lathrop Police Department Tow Rotation Service Policies and
Associated Fees for Participation in the Lathrop
Police Department Tow Rotation Program and
Authorize the City Manager to Enter into Contracts
for Tow Services with up to Five ( 5) Tow Service
Providers
SUMMARY:
The City of Lathrop Police Department contracts with the City of Ripon to provide police dispatch services since July 1, 2022. As part of those services, the City of Ripon utilizes a tow rotation to provide Lathrop Police Department tow services as needed during the course of law enforcement services.
Although a tow rotation was established with dispatch services, Lathrop Police Department did not adopt a Tow Rotation Program or enter into contracts with the various tow service providers.
The City of Lathrop Police Department wishes to formalize a Tow Rotation Program and establish contractual agreements with multiple tow services providers. Tonight, staff is requesting Council adopt a resolution to establish the City of Lathrop Police Department Tow Rotation Service Policies and associated fees for participation in the Lathrop Police Department Tow Rotation Program and authorize the City Manager to enter into contracts for tow services with up to five ( 5) tow service providers at any given time.
BACKGROUND:
On July 1, 2022, the City of Lathrop established the Lathrop Police Department. At that time, the City of Lathrop contracted with the City of Ripon to provide dispatch services to Lathrop Police Department. The contract has a 10 -year term and includes initial staff and equipment as well as full dispatch services.
Occasionally, tow services are required during the course of law enforcement services. These services are requested by Lathrop Police Department staff through City of Ripon Dispatch, utilizing a tow rotation that includes multiple tow service providers.
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ESTABLISH THE CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM AND AUTHORIZE CITY MANAGER TO CONTRACT FOR SERVICES At this time, Lathrop Police Department does not have an established Tow Rotation Program outlining requirements of tow service providers. As part of the Tow Rotation Program, the proposed Lathrop Police Department Tow Service Policies establish program rules and regulations for tow service providers. The proposed Lathrop Police Department Tow Services Policy is included as Attachment B.
If adopted, the City of Lathrop will contract with up to five ( 5) tow service providers at any given time, to formalize a tow rotation list to be utilized by City of Ripon police dispatch staff to provide tow service to Lathrop Police Department, as needed, during the course of law enforcement services.
PAGE 2
Additionally, the Lathrop Police Department desires to recover the administrative and procedural costs associated with the implementation of the tow rotation program.
These proposed fees are outlined in the Lathrop Police Department Tow Services Policy and are as follows:
Service
Annual Participation Fee
Tow Truck Driver Fee
REASON FOR RECOMMENDATION:
Fee Amount
300. 00 annually ( per tow service company)
100. 00 one- time (per driver background)
The proposed program intends to establish clear guidelines and requirements for tow service providers and eliminate any uncertainty of responsibility and reduce the potential for the City of Lathrop to be liable for the actions of tow service companies providing service on behalf of the City of Lathrop Police Department.
FISCAL IMPACT:
The proposed Lathrop Police Department Tow Rotation Policies includes tow services for City owned vehicles at no cost to the City, saving the City approximately $ 9, 000 per fiscal year.
ATTACHMENTS:
A. Resolution to Establish the City of Lathrop Police Department Tow Rotation Program and Authorizing the City Manager to Enter into Contracts for Tow Services with up to Five ( 5) Tow Services Providers at any given time at no cost to the City.
B. Lathrop Police Department Tow Service Policies
C. City of Lathrop Sample Tow Service Agreement
CITY MANAGER' SREPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ESTABLISH THE CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM AND AUTHORIZE CITY MANAGER TO CONTRACT FOR SERVICES APPROVALS:
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Chief of Po ice
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Date
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Thomas Hedegard Date
Deputy City Manager
Cari Ja
Finance% Director
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Date
Salvador Navarrete Date
City Attorney
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Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
ESTABLISH THE LATHROP POLICE DEPARTMENT TOW SERVICE POLICIES
AND ASSOCIATED FEES FOR PARTICIPATION IN THE LATHROP POLICE
DEPARTMENT TOW ROTATION PROGRAM AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO CONTRACTS TO MAINTAIN TOW SERVICES WITH UP TO FIVE ( 5) TOW SERVICE PROVIDERS
WHEREAS, under the Police Power ( California Constitution article XI, section 7), the City of Lathrop may set policies and fees for services, such as a tow truck service program; and
WHEREAS, Sections 12110 and 2432. 3 (B) of the California Vehicle Code specifically authorize municipalities to charge fees for participation in an authorized tow truck program, including for undertaking background checks for tow truck drivers; and
WHEREAS, the Lathrop Police Department has drafted the proposed Lathrop Police Department Tow Service Policies, attached hereto as Exhibit A, to govern and ensure the fair implementation of tow services by tow truck businesses participating in the tow program; and
WHEREAS, the Lathrop Police Department desires to recover the administrative and procedural costs associated with the implementation of the tow rotation program; and
WHEREAS, the fees charged are solely to recover the administrative costs in the implementation and maintenance of the tow truck program; moreover, such fees are in no way to be construed as a commission, referral fee, or inducement for services provided or for participation in the program; and WHEREAS, the Lathrop Police Department wishes to enter into contract for tow services with multiple tow service providers to establish a tow rotation utilized by City of Ripon dispatch in the course of providing dispatch services to the City of Lathrop Police Department;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt the Lathrop Police Department Tow Service Policies, attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby adopt associated fees related to participation in the tow rotation program, as outlined in Section II (B) of the Lathrop Police Department Tow Services Policies; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby find and determine that, based on the data, information, analysis, and oral and written evidence presented, the administrative charges identified in Lathrop Police Department Tow Services Policies, Exhibit " B" to the City Manager' sReport, incorporated herein by reference, do not exceed the reasonable cost of providing the services for which they are imposed; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to enter into contracts to maintain tow services with up to ( 5) tow service providers at any given time.
The foregoing resolution was passed and adopted this 12th day of January 2026, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
EXHIBIT B
LATHROP POLICE DEPARTMENT
TOW SERVICE POLICIES
Table of Contents
I. Introduction 4
II. The Rotation Tow List. 4
A. In General 4
B. Fees for Participation in the Program 5
III. Tow Operations 5
A. Incident Commander Authority 5
B. Response to Calls 5
C. Response Times 6
D. Accident Scene Cleanup 6
E. Accidents Encountered in the Course of Business 6
F. Request for an Additional Operator 6
G. Operator' sTemporary Unavailability 7
H. Towing ofVehicles Owned by the City of Lathrop 7
I. Failure to Respond to Calls 7
IV. Qualifications and Duties ofOperators 7
A. Qualifications of Operators 7
B. Qualifications ofTow Truck Drivers 8
C. Tow Truck Classifications 8
D. Inspections 8
E. Insurance 8
V. Fees and Rates 9
A. In General 9
B. Validity and Reasonableness 9
C. Changing Rates 9
D. Determination ofRates 10
E. Cancellation of Services 10
F. Hourly Rates 10
a Fees for Special Operations 11
H. Storage Fees 11
I. Liens 11
VI. Business Operations 12
A. Storage Facilities 12
B. Location of Storage Facilities 12
C. Signage for Storage Facilities/ Business Office 12
D. Business Hours 12
E. Business License 13
F. Business Records 13
G. Business Advertising 13
VII. Removal of Personal Property and Cargo 14
VIII. Conduct and Behavior 14
A. Conduct and Demeanor 14
B. Conflicts of Interest. 15
C. Collusion 15
IX. Compliance and Disciplinary Actions 15
A. Compliance with the Law 15
B. Compliance with the Agreement. 16
C. Major Violations 16
D. Minor Violations 17
E. Disciplinary Action 18
X. Various Provisions 18
A. Agent. 18
B. Indemnification 18
C. Annual Meetings 18
D. Term 19
E. Midterm Review ofPolicies 19
XL Definitions 20
Lathrop Police Department
Tow Service Policies
I. INTRODUCTION
The Lathrop Police Department Tow Service Policies (the "Policies") contain the rules and regulations that Tow Company Operators (" Operators") must abide by in order to participate in the Lathrop Police Department Rotation Tow Program (the "Program"). Participation in the Program is voluntary. However, compliance with the terms and conditions set forth in the Policies is mandatory. Also, in order to participate in the Program, Operators must enter into a Lathrop Police Department Tow Agreement
II. THE ROTATION TOW LIST
A. IN GENERAL
The Lathrop Police Department ( the " Department") and the Lathrop Police Department Chief of Police (the " Chief of Police") have established a rotation tow list for each class of tow truck to facilitate the distribution of calls and meet the needs of the Department with regard to response time and availability oftow services. The Department will maintain separate rotation tow lists for each class of tow truck to ensure an equitable distribution of calls.
However, when in an officer' sopinion, a situation requires certain tow -related resources or services, and such resources or services are not available from the Operator at the top of the rotation tow list, the officer may select the next qualified Operator. In such an instance the Operator selected will be the next tow company on the list which has the qualifications ( such as the equipment, skills, availability and readiness) to provide the required resources and/ or services. After the request, the selected Operator will go to the bottom ofthe rotation tow list and remain there until it rotates back into its original position. Operators on the same list that were bypassed remain in the same order until they are selected for a rotation tow for which they are qualified.
A call to an Operator shall constitute one tum on the list and the Operator shall be moved to the bottom of the list. This includes situations when the Operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Operator is not needed and is canceled by the Department, at any time up to or upon arrival at the scene, there shall be no charges, and the Operator will be placed back at the top of the list.
With regard to the private tow lists, if the vehicle' s owner or agent, prior to the Operator taking possession of the vehicle, cancels the Operator' sservices, there shall be no charges for towing. The Operator shall immediately contact the Depaituient and advise them of the
cancellation. The Operator will then be placed back at the top of the list.
B. FEES FOR PARTICIPATION IN THE PROGRAM
There shall be an annual fee of Three Hundred Dollars for participation in the Program.
The fee shall be used to cover the administrative costs of the implementation of the Program by the Department. In addition, there shall be a one- time One Hundred Dollar fee that must be submitted for each individual tow truck driver employed by an Operator that will participate in the Program. This fee shall cover the administrative expenses of the Department performing a background check on the individual to ensure his or her qualifications for the position. Please refer to Section IV( B) for a more detailed explanation.
III. TOW OPERATIONS
A. INCIDENT COMMANDER AUTHORITY
Command of Department resources at a police situation rests with the Lathrop Police Department' s
Watch Commander or the assigned senior officer. Such person has the authority to direct the operation and is responsible for its outcome.
The Lathrop Police Department Incident Commander may allow an Operator to dispatch more than one tow truck to a multi -vehicle collision scene in response to a rotation tow call. If two or more Operators are called to the same incident, distribution of vehicles shall be at the discretion of the Lathrop Police Department Incident Commander.
The Lathrop Police Department Incident Commander may direct a rotation tow Operator to move vehicles to help clear a
roadway or for lifesaving operations. Operators must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the Operator' sposition in the rotation.
B. RESPONSE TO CALLS
The Operator shall respond to the Department calls 24 hours a day, seven days a week, within the maximum response time limits as established by the Chief of Police. The Operator shall respond with a tow truck of the class required to tow the vehicle specified by the Lathrop Police Department' sCommunications Center. The Operator shall advise the Lathrop Police Department' s
Communications Center, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Operator is unable to respond or will be delayed in responding, the Operator shall immediately notify the Lathrop Police Department Communications Center. The Operator may not assign initial calls to other Operators.
Only the tow truck personnel and equipment requested shall respond to a Lathrop Police Department call. Additional tow truck personnel and equipment shall be at the approval of the Lathrop Police Department' sIncident Commander. 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.
An Operator may not respond to a Department call assigned to another Operator unless requested to do so by the Department.
C. RESPONSE TIMES
The Chief of Police has determined the maximum response time, along with reasonable rates and minimum number oftrucks needed, within the City of Lathrop. The Chief of Police may establish a maximum radius for the location of a business office from which an Operator may provide services. An Operator must have a business office and storage facility located within the limit set by the Chief of Police.
1. The maximum response time for any request for a tow shall not exceed 30 minutes from the time the Operator accepts the call until the arrival of the tow at the requested site. •
2. Any vehicle towed shall be stored at a facility within twenty- five (25) miles of the City of Lathrop.
D. ACCIDENT SCENE CLEANUP
It shall be the responsibility of the responding tow truck driver to clear the roadway of any and all accident debris.
Furthermore, the Lathrop Police Department Incident Commander may direct an Operator to move vehicles to help clear a
roadway or for lifesaving operations. Operators must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the Operator' sposition in the rotation.
E. ACCIDENTS ENCOUNTERED IN THE COURSE OF BUSINESS
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 Department officer
requests the Operator' s 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 officer. The Operator may not charge for this assistance, and the assistance provided shall not change the Operator' splace in the rotation.
F. REQUEST FOR AN ADDITIONAL OPERATOR
When the initial Operator assigned by the Department requires the assistance of an additional Operator at the scene, the Operator assigned the initial call may request a specific Operator' sassistance. Prior to the request, the requested Operator must have a prior agreement with the Depaitinent, and the Lathrop Police Department Incident Commander must concur with the request. The additional Operator will then be notified by the Department.
G. OPERATOR' STEMPORARY UNAVAILABILITY
When an Operator will be temporarily unavailable to provide services due to a scheduled activity, e.g., vacation, maintenance, medical leave, the Operator must notify the Department at least 24 hours prior to the date that services will be unavailable, noting the exact times and dates ofthe unavailability.
H. TOWING OF VEHICLES OWNED BY THE CITY OF LATHROP
The Operator agrees, as a condition of participation in the Program, to tow all City of Lathrop Owned Vehicles at no charge to the City of Lathrop from where the vehicle is located to the Department Station, the City Corporation Yard, or any other location as designated by the Department. A request to tow a City Owned Vehicle by the Lathrop Police Department will not affect the position of the Operator' srotation position.
I. FAILURE TO RESPOND TO CALLS
Failure to respond to and/ or meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of the Program. The Chief of Police may take immediate disciplinary action for any such violations.
Any refusal to respond or to perform the required towing or service will subject the Operator to suspension, if deemed appropriate by the Department.
IV. QUALIFICATIONS AND DUTIES OF OPERATORS
A. QUALIFICATIONS OF OPERATORS
The Department requires that each Operator be in full compliance with and provide documentation that they have a current Tow Service Agreement with the California Highway Patrol and are in compliance with all City, County, and State laws and regulations.
Operators applying to participate in the Program must have minimum of three ( 3) years verifiable for hire towing experience, as an owner or principal. Operators already participating and having less than the required three years' experience are exempt from this provision.
Operators must also have a separate Tow Service Agreement with the Department, signed by the Operator and the Department, in order to be eligible to participate in the Program.
B. QUALIFICATIONS OF TOW TRUCK DRIVERS
The Department requires that each Operator submit a list of tow truck operators that it employs within thirty days of agreeing to abide by the Policies, or within thirty days from the date of hire of the tow truck operator. The participation of the individual tow truck drivers shall be subject to a background check by the Department of the tow truck operator, in order for the Department to ensure that such individual is qualified for such position, pursuant to California Vehicle code section 2432. 3. Operator must also inform the Department when a participating driver is no longer employed by Operator within thirty (30) days so the Department may maintain an updated list of active drivers.
C. TOW TRUCK CLASSIFICATIONS
An Operator shall equip and maintain tow truck( s) covered under these Policies as specified in their California Highway Patrol Tow Service Agreement.
D. INSPECTIONS
The California Highway Patrol provides not less than one annual inspection of all tow trucks at no charge to the Operator. The Department may conduct additional inspections without notice during normal business hours. The Operator shall not dispatch a tow truck ( to a Department call) that has not been inspected and approved by the California Highway Patrol or the Department.
E. INSURANCE
The Operator shall maintain the following minimum levels of insurance from an insurance carrier admitted in California or admitted in the state in which the Operator' sbusiness is located and is authorized to do business in California.
Minimum Level of Financial Responsibility ( as required by Section 34631. 5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $ 750, 00 for Class A tow trucks. The combined limits for Classes B, C, and D shall not be less than $ 1, 000,00. These minimum standards are to include non -owned and hired auto coverage.
Uninsured Motorist - The legal minimum combined single limit shall be in accordance with the required minimums as set forth by City of Lathrop' s Risk Management Agency. The
Department shall supply such minimums upon request.
On -Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.
a) Class A tow truck $ 25, 000
b) Class B tow truck $ 50, 000
c) Class C tow truck $ 100, 00
d) Class D tow truck $ 100, 00
Garage Liability includes premises and operations. Garage Keepers Liability shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control ofthe Operator in the storage yard. Coverage for bodily injury and property damage must have a combined single limit of not less than $ 500, 00. Operators must carry Workers' Compensation Insurance in accordance with the legal minimum requirements.
Proof of insurance must be shown in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Operator' sparticipation in the Program. The Operator shall provide the Lathrop Police Department with a written notice in the event the insurance policy is canceled or is due to expire within 30 days.
The Operator' sremoving a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance requirements of Section 34631. 5of the California Vehicle Code ( which outlines the minimum insurance requirements).
V. FEES AND RATES
A. IN GENERAL
Fees charged for response to calls originating from the Department shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. The reasonableness of the fees charged shall be determined as described below.
The Department rates and fees shall be determined by the Chief of Police. The Chief of Police shall consider the average of all of the fees and rates submitted by all the Operators participating in the Program.
B. REASONABLENESS OF RATES
The Operator shall submit its hourly retail rate to the Department. The Chief of Police shall determine the validity and reasonableness of the submitted rates.
Reasonableness will be based upon telephone quotes, posted rates, charges to retail customers, and other such information. Any rate submitted in excess of an Operator' sretail rate will be considered invalid and will not be accepted. An Operator who submits an invalid rate shall not be allowed to resubmit a new rate and will be disqualified from the Program until the next enrollment period.
C. CHANGING RATES
In an effort to remain competitive in the open market, the Operator may lower retail rates
at any time by first notifying the Department. When an Operator lowers its retails rate, the Chief of Police shall take this into account in determining the Department rate. The Department rate may be changed at any time by the Chief of Police after an Operator' sretail rate is changed.
Operators may raise rates for non -Lathrop Police Department calls at any time. Any Operator who charges rates above its retail hourly rates or submitted rates for a Department call shall be in violation of the Policies and subject to disciplinary action, to be determined by the Chief ofPolice.
D. DETERMINATION OF RATES
The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than five- minute ( 5) increments. There shall be no additional charges for mileage, labor, or other related charges. The Operator may charge up to a thirty- minute (30) minimum per call for base services. The Operator may charge up to a one -hour minimum per call for public safety response calls.
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.
Rates for a service call ( e.g., out of gas, lockouts, tire changes) shall be from portal to end of service and may be at the hourly rate with up to a
thirty -minute (30) minimum. Charges in excess
of thirty (30) minutes may be charged in no more than five- minute (5) increments.
E. CANCELLATION OF SERVICES
If an Operator begins to provide services, other than towing and/ or recovery services, and the vehicle owner or agent thereafter cancels the services, the Operator may charge a maximum of one half of the regular hourly service charge for time expended. For purposes of cancellation, service begins when actual physical work on the vehicle commences, not including Operator initial response time to drive to the vehicle.
F. HOURLY RATES
Hourly rates may be charged for the following:
Auxiliary Equipment, e.g., air bags, converter gear/ dolly, additional trailers, etc.
Contracted Equipment, e.g., airbags, converter gear/ dolly, additional trailers, forklifts, scoop loaders, etc.
Contract labor.
The Chief of Police shall determine the reasonableness of the fees for these types of operations. This determination shall be based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations. Operators shall submit a mark- up
rate ( percentage of the cost to the Operator) for retail equipment and specialized labor not otherwise listed on the application.
If an Operator performs a service for which a
required rate was not submitted to, and
approved by, the Department, the Operator shall only be entitled to charge for the actual cost of that service. Example: For contract labor rate not submitted, the Operator may only charge for the actual rate paid for the labor. The total fees charged for after- hours release shall be no more than one and one- halftimes the hourly rate, and shall only be allowed outside posted business hours, which must be before 8 a. m. and after 6 p. m. on business days, weekends and holidays.
G. FEES FOR SPECIAL OPERATIONS
For special operations involving Class B, C, and D tow trucks, the Operator shall submit its proposed fees for vehicle recovery operations and load salvage operations to the Chief ofPolice.
Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty (30) minutes may be charged in no more than five- minute (5) increments.
H. STORAGE FEES
The Operator shall submit its proposed storage fees for inside and outside storage to the Chief of Police. The Chief of Police shall determine the validity and reasonableness ofthe fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation.
The Operator shall display in plain view at all cashiers' 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. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. The approved schedule ofrates charged by the Operator shall be available in the tow truck, and shall be presented upon demand to the person( s) for whom the tow services were provided, or its agent, or any Department officer at the scene.
Rate requirements represent the maximums an Operator may charge on a 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. No Operator or employee shall refer to any rate as the minimum required or set by the Lathrop Police Department or by the Program.
I. LIENS
No lien shall arise for the service of a vehicle unless the Operator has presented a written statement to the vehicle' sowner or agent for the signed authorization of services to be performed. Moreover, the Operator shall not attempt to take possession of the vehicle in order to establish a lien for any non -towing services performed, or commenced and subsequently canceled, when Operator is not entitled to such lien by law. Formation and attachment of liens must be in accordance with California Civil Code section 3068. 1.
VI. BUSINESS OPERATIONS
A. STORAGE FACILITIES
The Operator shall be responsible for the security of vehicles and property at the place of storage. At a minimum, the Operator must place vehicles within a fenced or enclosed area. The Operator is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.
Operators shall maintain sufficient storage facilities. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/ or personal property shall be released at the primary storage facility or place of business ( even when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/ or property. Prior to the utilization of new storage facilities that were not listed on the application for the Program, the Operator shall furnish the address and obtain the Chief of Police' sapproval. Secondary storage facilities shall be located reasonably close to the main business office.
B. LOCATION OF STORAGE FACILITIES
The primary storage facility shall normally be at the same location as the business address.
If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary storage location. The vehicle and/ or personal property shall be released at the primary storage facility or place of business ( when the primary storage facility and the place of business are not at the same location) upon request of the vehicle or property owner or his or her agent.
Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Operator shall furnish the address and obtain the Chief ofPolice' sapproval.
Secondary storage facilities shall be located reasonably close to the main business office.
C. SIGNAGE FOR STORAGE FACILITIES/ BUSINESS OFFICE
An Operator' splace of business shall have a sign that clearly identifies it to the public as a
towing service. The sign shall have letters that are clearly visible to the public from the street.
The sign must be visible at night.
D. BUSINESS HOURS
For the purpose of this Agreement, " normal business hours" shall not be less than 8 a. m. to 6 p. m., Monday through Friday, except for the following State recognized holidays: New Year' s Day, Martin Luther King Day, Lincoln Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after
Thanksgiving Day, and Christmas Day. Business hours shall be posted in plain view to the public.
Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/ property.
E. BUSINESS LICENSE
Operators must obtain and maintain a current City of Lathrop Business License. A copy of the current City ofLathrop Business License must be received each year no later than January 15th. If a current copy of the Operator' sCity ofLathrop Business License has not been received by January 15th of each year, the Operator may be immediately disqualified from participation in the Program. Operator may participate in the Program upon obtaining a current City of Lathrop Business License and all other requirements have been met.
F. BUSINESS RECORDS
The Operator shall maintain records at the Operator' s place of business of all tow services furnished by the Operator. The Department may inspect an Operator' srecords without notice during normal Business hours. Operators shall permit the Department to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. The Department shall provide a
receipt for any (original) records removed from the
tow company' splace of business.
Records shall, at a minimum, include a description of vehicle, nature of service, start time, end time, location of call, and the itemized costs of towing and storage. Records for each call shall indicate the tow truck driver' s name and the truck used. 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- Department tows. Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement. Failure of the Operator to comply with the inspection requirements shall be grounds for forfeiture of participation in the Program, if deemed appropriate by the Chief of Police.
G. BUSINESS ADVERTISING
The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the Department. Examples include, but are not limited to, "Official Lathrop Police Department Tow," "Approved by Lathrop Police Department," and " Lathrop Police Department Rotation Tow."
However, the Department may still implement a system to mark and identify particular tow trucks as having passed the Department inspection and as being eligible to participate in the Program. A violation of this section is cause for suspension. At a minimum, the suspension will be for the duration of the advertisement.
VII. REMOVAL OF PERSONAL PROPERTY AND CARGO
The Operator shall obtain approval from the Department prior to the removal of any personal property from a stored or impounded vehicle and shall provide a receipt specifying all items removed, with a
copy of the receipt placed in the stored vehicle. The requirement to obtain approval from the Department prior to the removal of property may be excused by the Chief of Police if it is determined that proper safeguards and procedures are utilized by the Operator. The requirement to first obtain Department approval may not be waived in cases where a vehicle has been impounded for evidence or investigation.
Upon approval by the Department and at the request of the vehicle owner or his/er agent, the Operator shall release personal property from an impounded vehicle. For stored vehicles, personal property shall be released upon the request of the vehicle owner or agent.
There shall be no charge for the release of personal property during normal business hours.
Operators may charge an after- hours release fee for property released after normal business hours. The fees charged shall be consistent with the after- hours vehicle release provisions.
Cargo shall be released upon demand ofthe carrier orpursuant to a court order.
VIII. CONDUCT AND BEHAVIOR
A. CONDUCT AND DEMEANOR
While involved in the Program, the Operator shall refrain from any acts of misconduct, including but not be limited to any ofthe following:
1. Rude or discourteous behavior.
2. Lack ofservice, selective service, or refusal to provide service which the Operator is or should be capable ofperforming.
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 Lathrop Police Department rotation tow call, with the odor of an alcoholic beverage emitting from his/er breath.
The Operators shall submit to a preliminary alcohol screening test upon demand of the Department.
All tow service complaints received by the Department against an Operator or its employee( s) will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the Depaitnient may initiate disciplinary action as deemed appropriate. In any
event, the Operator will be notified of the results of any investigation.
If an Operator' s behavior warrants a criminal investigation and/ or prosecution, the Department may proceed to investigate and recommend prosecution. Any violation of this element is cause for suspension, if deemed appropriate by the Chief of Police.
B. CONFLICTS OF INTEREST
No Operator or applicant shall be directly involved in the towing -related business of any other Operator or applicant within the City of Lathrop towing area. " Directly involved" shall mean shared use between the Operators or applicants with regard to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.
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. Facilities shared by Operators shall be physically separated and secured from each other. The Chief of Police may waive this requirement if deemed appropriate.
The sale or transfer of the controlling interest in business of an Operator shall immediately terminate Operator' s participation in the Program. The new owner( s) may apply to participate in the Program at any time during the remainder of the current term, regardless of the City' senrollment period. A violation of this element is cause for suspension, if deemed appropriate by the Chief of Police.
C. COLLUSION
An Operator or applicant Operator shall not conspire or collude, or attempt to conspire or collude, with any other Operator or applicant Operator for the purpose of establishing an unfair outcome regarding rates or conditions to the Program.
Examples of "collusion" include, but are not limited to, 1) conspiracy by an Operator to establish artificially high or low rates for services performed; 2) conspiracy or attempt to circumvent the midterm review process as described in the Midterm Review Process section of this Policy; or3) in any other action taken to circumvent application of the Policy.
A finding by the Department that any Operator or applicant has been involved in collusion shall be cause for denial of an application and shall disqualify the Operator from participating in the Program for the current term, plus three years.
IX. COMPLIANCE AND DISCIPLINARY ACTIONS
A. COMPLIANCE WITH THE LAW
The Operator and its employees shall, at all times, comply with federal, state, and local
laws and ordinances, which include, but are not limited to, those laws which are applicable to the Operator.
In the event of a minor traffic violation by the Operator, which is known by the Department, the Operator shall be advised of the violation by the Lathrop Police Department. The Operator will be granted the opportunity to take necessary steps to ensure that its driver is in compliance with law. Any subsequent traffic violation may be cause for disciplinary action against the Operator and/ or the involved employee. Any flagrant traffic violation may be cause for immediate disciplinary action against the Operator and/ orthe involved employee.
Any conviction of Operator' s 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 Program tow call, or moral turpitude shall be cause for the removal of the Operator' semployee from the Program.
An Operator or his or her employee who is arrested and/ orcharged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The provisions contained herein do not preclude the Department from taking appropriate enforcement or administrative action for any violations of law.
B. COMPLIANCE WITH THE AGREEMENT
The Operator agrees, as a condition of participation in the Program, to comply with the terms and conditions of the Program Policies outlined herein. Furthermore, the Operator agrees that the failure to comply with these terms and conditions shall be cause for written reprimand, suspension, or termination from the Program. Alleged Operator violations of the Program Policies will
findings
be investigated
within 30 days
by
after
the Department,
the conclusion
and
of
the
the investigation.
Operator will be notified of the Department' s
C. MAJORVIOLATIONS
Violations of the terms and conditions ofthe Program Policies that are subject to suspension for the first violation are categorized as a major violation. Any subsequent or continuing major violations may be cause for termination. When considering punitive action for a major violation of the Policies, the Chief of Police may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violation.
Termination shall be invoked if, in the Chief of Police' sjudgment, continued participation in the Rotation Tow Program by the affected tow Operator may result in a hazard to public safety or welfare, or if the Operator has been convicted of a crime. In lieu of termination, the Lathrop Police Department may impose additional suspensions for longer periods, if deemed appropriate.
Major violations include:
1. The failure of the Operator to maintain the minimum insurance requirements as set forth in Section IV( D) of the Policies.
2. The refusal to respond to or perform the required towing service when directed as set forth in Section II1() of the Policies.
3. The failure to meet the inspection requirements as set forth in Section IV( C) of the Policies.
4. The submission to the Department or to a vehicle owner of an unreasonable rate as set forth in Section V (Fees and Rates) ofthe Policies.
5. The failure to obtain and maintain a current City ofLathrop business license by January 15th of each year as set forth in Section VI( E) of the Policies.
6. The failure to comply with the business records requirements as set forth in Section VI( F) of the Policies.
7. The failure to comply with the business advertising requirements as set forth m Section VI( G) of the Policies.
8. The failure to comply with the Conduct and Behavior requirements as set forth in Sections VIII( A)-( C) of the Policies.
9. A violation of any ofthe equipment requirements related to public safety.
10. A failure of the Operator to satisfy a court order mandating reimbursement to the vehicle or property owner for damage or loss which occurred while the vehicle was in the Operator' scustody.
11. A violation of the Gross Vehicle Weight Rating (" GVWR") and safe loading requirements of a tow truck.
12. A violation of the Biennial Inspection of Terminals (" BIT") Program requirements D. 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. First violation within a 12 -month period - Letter ofwritten reprimand.
2. Second violation within a 12 -month period — Thirty -day (30) suspension.
3. Third violation within a 12 -month period - Sixty to Ninety (60 to 90) day suspension.
4. Fourth violation within a 12 -month period - Removal from the Program.
In lieu of a
termination, the Lathrop Police Department may impose additional suspensions for longer periods, if deemed appropriate. Nothing herein shall be deemed to prohibit the Lathrop Police Department from immediately suspending any Operator whose conduct, or that of his/er employee( s), in the discretion of the Chief of Police, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a
flagrant violation of the Policies or the Tow
Service Agreement.
E. DISCIPLINARY ACTION
The Chief of Police shall take disciplinary action against Operators for violations investigated and confirmed or sustained. The Chief of Police shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. Records of violations shall be retained by the Lathrop Police Department for at least 36 months.
An Operator tow driver, 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 ChiefofPolice' sdiscretion.
Ifthe Operator is serving a suspension for one year or more, the Operator shall be required to comply with all terms and conditions of the current Tow Service Agreement and Policies 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 Policies at the time of reinstatement.
X. VARIOUS PROVISIONS
A. AGENT
An Operator by agreeing to participate in the program is not acting as an agent for the Lathrop Police Department or the City of Lathrop when performing services under the Program.
Thus, the Operator has no authority to make agreements, decisions, or any other action on behalf of the Department or the City of Lathrop. Moreover, the Department and the City of Lathrop are not liable for any intentional or negligent act on the part of the Operator.
B. INDEMNIFICATION
Operator agrees to indemnify, defend and save harmless the City of Lathrop, the Department, its officers, agents, and employees from any and all claims and losses accruing to or resulting from the actions by the Operator or the City of Lathrop or the Department in connection with the performance of the Program. The Operator also agrees to indemnify, defend, and
save harmless the City of Lathrop, the Department, its officers, agents, and employees and from any and all claims and losses accruing or resulting to any person, firm, or Corporation who may be injured or damaged by the Operator in the performance of this Program.
C. ANNUAL MEETINGS
The Chief of Police may conduct an annual meeting to discuss issues concerning the tow rotation. Attendance at the annual meetings shall be mandatory for the Operator or his/er designee.
The Lathrop Police Department shall provide the Operator with 30 days' written notice prior to such a meeting.
D. TERM
The term of the Policies and the Tow Service Agreement shall be one ( 1) year. Both the Policies and the Tow Service Agreement are renewable every January of each year.
E. MIDTERM REVIEW OF POLICIES
The purpose of this section is to provide a
process for a midterm review of the terms and
conditions of the Policies in the event that there is a legitimate and substantial change in conditions
or law affecting the majority of the Operators participating in the Program.
Examples of such conditions may include, but are not 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 Department or the Operators to perform specific functions or operations in order to comply.
4) Changes in the terms and conditions of the Agreement brought about as a result of recommendations from the Tow Service Agreement Advisory Committee. 5) Proposed changes to the terms and conditions agreed upon by the Chief of Police and the Operators at the time that the Agreement was signed ( e.g. response times).
A midterm review of the terms and conditions of the Policies may only be granted by the Chief of Police. A request for a midterm review ofthe terms and conditions of the Agreement must be directed to the Chief of Police, in writing, from a
representative of the towing industry, not
merely at the request of a single Operator. The Chief of Police may also request a midterm review if he/ she feels it is in the best interest of the motoring public, the tow industry, or the Department to conduct such a review. However, conditions indicating a need for midterm review must be substantial and must affect the entire towing industry or the Lathrop Police Department.
For purposes of this agreement, the midterm review process is not intended to provide relief for a small number of Operators who wish to increase their rates or change any other term or condition of the Agreement, to compensate for financial problems brought about as a result of business decisions or conditions which affect a small percentage of the industry.
The Chief ofPolice, after completing the review of all issues, may authorize the Operators to submit their proposed changes or he/ she may notify the Operators of the changes to be implemented and direct them to comply with those changes. If, after evaluating all pertinent information the Chief of Police authorizes or directs a change in the terms and conditions of the Policies, or ifhe/ she decides that a change is not justified, the Chief ofPolice shall notify the towing industry representative within 14 calendar days after making the decision.
Operators shall resubmit their proposed changes in writing to the Chief of Police within 7 calendar days ofthe date that the Chief of Police announces his/er decision. Failure to resubmit a written proposal within the specified time may result in the Operator forfeiting his/er ability to propose more equitable conditions or rates or may be cause for disciplinary action or termination of participation in the Program.
If the proposed change affects tow rates only, Operators shall resubmit their proposed rates.
The Chief of Police shall determine the reasonableness of the rate, based upon the average of the proposed rates submitted. An additional page with the new rate( s) shall be signed and attached to the original application.
In the event that the towing industry representative is dissatisfied with the Chief of Police' s decision regarding the midterm review, the towing industry, through its representative, may request a hearing by submitting a
request in writing to the Chief of Police within 7 calendar days. If a hearing is requested, it shall be conducted by the Chief of Police, or his/er designee, as soon as practicable. The number ofrepresentatives at the hearing shall be limited to a maximum of two.
The representative( s) shall be entitled to present all relevant factors and circumstances in support of the industry' sposition. A designated representative shall be notified in writing of the decision of the Chief of Police within 7 calendar days of the date of the hearing. The decision of the Chief of Police is final.
XI. DEFINITIONS
A. CARGO
Cargo includes business commodities, goods, and supplies in transit.
B. CITY OWNED VEHICLE
A vehicle owned, leased or rented and used by the City ofLathrop, or any of its departments or agencies.
C. CITY OF LATHROP CORPORATION YARD
The corporation yard for the City of Lathrop located at:
2112 E Louise Ave
Lathrop, CA 95330
D. DEPARTMENT STATION
The Department Station located at:
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
E. INCIDENT COMMANDER
The Incident Commander is the Police Officer who is in charge of a specific major accident or incident.
F. OPERATOR
An Operator is a tow truck company that has a Tow Service Agreement with the Department and that has satisfied the qualifications and requirements as stated in the Policies. Where applicable, an Operator also includes the Operator' s employees.
G. PERSONAL PROPERTY
Personal property are items which are not affixed to the vehicle. Personal property includes, but is not necessarily limited to, papers, transportable cellular telephones, pull- out radios, portable radios and portable stereo equipment, clothes, luggage, and tools.
H. DEPARTMENT COMMUNICATION CENTER
The Lathrop Police Department' s
Communications Center is located within the City ofRipon Police Dispatch Center, located at 259 N Wilma Ave, Ripon, CA 95366. It is responsible for all incoming and outgoing calls with the public and with Department officers.
I. RISK MANAGEMENT AGENCY ( RMA)
The RMA is the insurance program for the City of Lathrop and for the Department.
J. TOW SERVICE AGREEMENT
The agreement specific to the Department and the Operator for the Operator to participate in the Tow Rotation Program.
K. WATCHCOMMANDER
The Watch Commander is the Police Officer who is in charge of a specific shift.
EXHIBIT C
CITY OF LATHROP
TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW
ROTATION PROGRAM
THIS AGREEMENT, dated for convenience this day of MONTH YEAR is by and between OPERATOR NAME, (" OPERATOR"), and the CITY OF LATHROP, a California municipal corporation (" CITY").
RECITALS:
WHEREAS, from time to time, the Lathrop Police Department requires the use of tow services for itself or for third parties, either in the course of operations or for emergency services; and
WHEREAS, the Lathrop Police Department Chief of Police has established a rotation tow list for each class of tow in order to properly distribute and select a tow company when such tow services are required pursuant to Police Powers and California Vehicle Code section 12110( B); and
WHEREAS, selection is made in accordance with the Lathrop Police Department Tow Rotation Program, the terms of which are described in the Lathrop Police Department Tow Policies (" POLICIES"), hereby attached as Exhibit " A"; and WHEREAS, OPERATOR' Sparticipation in the Tow Rotation Program is voluntary, but in order for OPERATOR to be eligible to participate in the Tow Rotation Program, OPERATOR must agree to and abide by the terms set forth in this Agreement and in the POLICIES; and
NOW, THEREFORE, OPERATOR and the CITY agree as follows:
AGREEMENT
1) Scope of Service
OPERATOR agrees to perform services in accordance with the POLICIES provided by the CITY, attached hereto as Exhibit "A", and incorporated herein by reference. OPERATOR agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' ssatisfaction. 2) Fees
a) OPERATOR agrees to pay a Three Hundred Dollar ($ 300. 00) annual fee for participation in the Tow Rotation Program to cover administrative
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
costs of the program implementation incurred by the CITY. This fee may be adjusted from time to time.
b) OPERATOR agrees to pay a One Hundred Dollar ($ 100. 00) fee for every tow truck driver employed by the OPERATOR participating in the program. The fees must be paid within Thirty (30) days from the Effective Date, or if the tow truck driver is hired after the Effective Date, within Thirty ( 30) days from the date of hire. This is a one- time fee per tow truck driver for the Department to perform a background check on the driver to ensure qualification. This fee may be adjusted from time to time. 3) Effective Date and Term
The effective date of this Agreement is DATE, and it shall be for a term ending December 31, 20_. CITY and OPERATOR shall agree to renew each January thereafter, given all requirements have been met and the annual fee has been paid by DATE.
4) Independent OPERATOR Status
It is expressly understood and agreed by both parties that OPERATOR, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent OPERATOR and not an employee of the CITY.
OPERATOR expressly warrants not to represent, at any time or in any manner, that OPERATOR is an employee of the CITY.
5) Non -Transferable
This Agreement and the services stated herein are exclusive to the OPERATOR stated above, and are not transferrable or assignable to any other OPERATOR, person or entity. The sale or transfer of the controlling interest by OPERATOR in its company shall immediately terminate the Agreement. A new owner may apply to the Tow Rotation Program at any time during the remainder of the current Agreement Term or thereafter.
6) Participation in the Rotation Program
In return for the OPERATOR' Scompliance with this Agreement and with the Policies, the CITY will include OPERATOR on the rotation tow list in accordance with the Policies.
7) Position on the Rotation List
A call to an OPERATOR shall constitute one turn on the list, after which the OPERATOR shall be moved to the bottom of the list. This includes when the
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
OPERATOR fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the OPERATOR is not needed and is canceled by the CITY, at any time up to or upon arrival at the scene, there shall be no charges, and the OPERATOR will be placed back at the top of the list. 8) Department Discretionary Authority
Nothing in this Agreement or in the Policies shall prohibit a Department officer from requesting a specific tow company when, in the officer' sdiscretion, the situation calls for resources or services that cannot be provided by the tow company that would otherwise have first priority under the Tow Rotation Program. 9) Emergency Situations
The Lathrop Police Department Incident Commander may direct an OPERATOR to move vehicles to help clear a
roadway or for lifesaving operations. OPERATOR
must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the OPERATOR' Sposition in the rotation.
10) Accident Scene Incurred in the Ordinary Course of Business 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
Department officer requests the OPERATOR' Sassistance 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 officer. The OPERATOR may not charge for this
place
assistance,
in the rotation.
and the assistance provided shall not change the OPERATOR' S 11) City of Lathrop Vehicles
The OPERATOR agrees, as a condition of participation in the Tow Rotation Program, to tow all City of Lathrop owned vehicles at no charge to the City of Lathrop from where the vehicle is located to the Department Station, the City Corporation Yard, or any other location as designated by the CITY. A request to tow a City Owned Vehicle by the Lathrop Police Department will not affect the position of the OPERATOR' Srotation position.
12) Limitation on Rates
In an effort to remain competitive in the open market, the OPERATOR may lower retail rates at any time by first notifying the CITY. When an OPERATOR lowers its retail rate, that retail rate becomes the new approved CITY rate. OPERATORS
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
may only raise rates for CITY calls upon approval by the CITY. OPERATORS may raise rates for non -Lathrop Police Department calls at any time. 13) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of OPERATOR, its employees, agents, or sub operators by federal or state law, OPERATOR warrants that such license has been obtained, is valid and in good standing, and OPERATOR shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
14) Business License Requirement
The OPERATOR must obtain and maintain a current City of Lathrop Business License. A copy of the current City of Lathrop Business License must be received each year no later than January 15th. If a current copy of the OPERATOR' SCity of Lathrop Business License has not been received by January 15th of each year, the OPERATOR may be immediately disqualified from participation in the Tow Rotation Program. Operator may participate in the Program upon obtaining a current City of Lathrop Business License and all other requirements have been met.
15) Insurance Requirement
Proof of insurance must be shown in the form of a certificate of insurance in the amounts specified in the Policies. Insurance policy expiration or cancellation will immediately nullify the OPERATOR' Sparticipation in the Tow Rotation Program.
The OPERATOR shall provide the Lathrop Police Department with a written notice in the event the insurance policy is canceled or is due to expire within Thirty ( 30) days.
16) Indemnification - OPERATOR' SResponsibility
Notwithstanding anything contrary to anything contained in the Agreement OPERATOR agrees to defend and hold City of Lathrop harmless from and against any and all loss, cost, liability and expense from third party claims where any equipment provided and installed by OPERATOR hereunder is the sole and direct cause of any property damage or personal injury ( as opposed to cases where failure or malfunction of the system merely contributes to a loss or injury started from another source), or where an employee of OPERATOR causes personal injury or property damage in performing the installation or servicing of equipment while on User' s premises or where the loss or injury is caused by negligent acts or omissions of installers or maintenance personnel of OPERATOR, constituting intentional and willful misconduct. User shall indemnify, defend, protect and hold
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
OPERATOR harmless from and against any and all property loss claims including all third party property losses except where any equipment provided and installed by OPERATOR hereunder is the sole and direct cause of any property damage or personal injury ( as opposed to cases where failure or malfunction of the system merely contributes to a loss or injury started from another source), or where an employee of OPERATOR causes personal injury or property damage in performing the installation or servicing of equipment while on User' spremises or where the loss or injury is caused by negligent acts or omissions of installers or maintenance personnel of OPERATOR, constituting intentional and willful misconduct.. For any third -party losses where OPERATOR' sactions while on site are the sole and direct cause of aforesaid loss vs equipment or monitoring failure, OPERATOR has the duty to defend as set forth in Section 2778 of the California Civil Code. 17) Conflict between the Agreement and the Policies
The OPERATOR must fully comply with all terms contained in this Agreement and in the Policies as amended from time -to -time. However, this Agreement is the controlling document if there is a conflict between the Agreement and the Policies. 18) Termination
Either CITY or OPERATOR may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the OPERATOR shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon OPERATOR' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to OPERATOR or prepared by or for OPERATOR or the CITY in connection with this Agreement.
19) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: Lathrop Police Department
Chief of Police
940 River Islands Parkway
Lathrop, CA 95330
To Operator:
20) Miscellaneous
MAIN: (209) 647-400
FAX: ( 209) 647-428
OPERATOR NAME
OPERATOR ADDRESS
OPERATOR ADDRESS
OPERATOR PHONE NUMBER
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of OPERATOR. In the exercise of rights and obligations under this Agreement, OPERATOR acts as an independent
OPERATOR and not as an agent or employee of CITY. OPERATOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and OPERATOR expressly waives any and all claims to such right and benefits.
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder,
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
21) Notice to Proceed
Prior to commencing work under this agreement, OPERATOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. 22) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the OPERATOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
Approved as to Form:
Recommended for Approval:
Approved By:
OPERATOR:
City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Chief of Police
Stephen Sealy Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
OPERATOR NAME
OPERATOR ADDRESS
OPERATOR ADDRESS
Fed ID #
Business License #
Signature Date
Print Name and Title)
Signature Date
Print Name and Title)
PAGE LEFT
INTENTIONALLY
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