HomeMy WebLinkAboutMandic Motors, Inc. - 2018-05-07 (3)Dept. ID PD-18-002 Page 1 of 2
Meeting Date: 5/7/2018
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/7/2018
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Approve and authorize execution of agreements with Best Towing, LLC, and
Mandic Motors, Inc., for Police Directed Services; and, adopt Resolution No.
2018-21 revising the fees for Towing Services and Garage Impounds
Statement of Issue:
Huntington Beach Municipal Code Chapter 5.66 provides the rules for all persons and businesses
providing nonconsensual police -directed vehicle towing and storage service directed by the
Huntington Beach Police Department in the City. The City has conducted a bid process to select
vendors to provide police directed tow services and determined that Best Towing, LLC, and Mandic
Motors, Inc., qualify to provide police -directed towing and storage in the City.
Financial Impact:
Funds are contained in the Police Department's FY 2017/18 adopted budget for these expenses.
Recommended Action:
A) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the
City of Huntington Beach and Best Towing, LLC, for Police Directed Towing and Storage Services;"
and, Sly S - F-II..l=
B) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the
City of Huntington Beach and Mandic Motors, Inc., for Police Directed Towing and Storage
Services;" and,
C) Adopt Resolution No. 2018-21, "A Resolution of the City Council of the City of Huntington Beach
Revising the Fees for Towing Services and Garage Impounds" effective April 1, 2018.
Alternative Action(s):
Do not approve contracts and direct staff accordingly.
Analysis:
The Huntington Beach Police Department uses directed towing to remove parked vehicles based
on a number of reasons, including arrest of the driver. The City of Huntington Beach previously had
police directed towing contracts with Best Towing, LLC, and Mandic Motors, Inc., with terms of five
years each which expired in August of 2017.
On November 8, 2017, the City released a Request for Qualifications, soliciting proposals from
qualified tow operators. The Police Department received a total of three proposals, two of which
were from Mandic Motors and Best Towing. The third proposal was from a towing company outside
HB -95- Item 9. - I
Dept. ID PD-18-002 Page 2 of 2
Meeting Date: 5/7/2018
of the city boundaries (Southside Towing located in Costa Mesa) — which did. not meet the minimum
request for qualifications. All proposals were reviewed and evaluated by the HBPD Traffic Bureau
and the Finance Department. Best Towing, LLC, and Mandic Motors, Inc., met the towing and
storage requirements and were selected by the HBPD Traffic Bureau representatives and Finance
Department. Both companies satisfy the insurance requirements and have current permits/
licenses as required by the state and/or City, including zoning, fire, and building.
Code Enforcement Officers inspected the storage facilities and yards of Best Towing, LLC, (March
14, 2018) and Mandic Motors, Inc., (March 8, 2018). Code Enforcement found both facilities are
being used appropriately and no zoning code violations were observed.
In August of 2007, City Council adopted Resolution 2007-44, authorizing a one-time 10% increase
of rates, fees, and charges for various police directed tow operations in the City. The rates, fees,
and charges have since been adjusted according to the Consumer Price Index (CPI).
The rates, fees, and charges that tow operators can impose must be set by Resolution of City
Council. Once the rates, fees, and charges are set by Resolution, the Tow Operators cannot
deviate from said rates, fees, and charges. As part of entering into this agreement, staff
recommends adopting the fee schedule attached to this Staff Report. There will be no change in
the fee schedule based on CPI for the first two -years of the contract (December 1, 2018, through
November 30, 2020). The fee schedule will be adjusted on December 1, 2020, and continue each
year based on any change in the metropolitan Consumer Price Index for the Los Angeles -
Riverside -Orange County, CA, area during the preceding year.
Environmental Status:
N/A.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Resolution No. 2018-21, "A Resolution of the City Council of the City of Huntington Beach
Revising the Fees for Towing Services and Garage Impounds" effective April 1, 2018
2. "Agreement Between the City of Huntington Beach and Best Towing, LLC for Police
Directed Towing and Storage Services"
3. "Agreement Between the City of Huntington Beach and Mandic Motors, Inc., for Police
Directed Towing and Storage Services"
4. Mandic Motors Cert. of Ins. and Supporting Docs
5. Best Towing Cert. of Ins. and Supporting Docs
Item 9. - 2 HB -96-
RESOLUTION NO. 2018-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH REVISING THE FEES FOR TOWING
SERVICES AND GARAGE IMPOUNDS
WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to
set a maximum charge for police -directed towing services and garage impounds; and
On August 20, 2001, the City Council adopted Resolution No. 2001-52 which established
maximum fees for police -directed towing services and garage impounds; and
On July 16, 2007, the City Council adopted Resolution No. 2007-44, which established
revised maximum fees for police -directed towing services and garage impounds; and
The City's Tow Operators have requested an increase in the maximum fees charged for
towing services and garage impounds based on an increase in their operating costs, such as fuel
prices, employee health care costs, vehicle salvage costs, and other related expenses; and
The City Council wishes to revise the maximum charge for police -directed towing
services and garage impounds based on the Tow Operators demonstration of an increase in their
operating costs,
NOW, THEREFORE, IT .IS HEREBY RESOLVED by the City Council of the City
of Huntington Beach that effective April 1, 2018, the maximum charges for police -directed
towing services and garage impounds are as set forth on Exhibit A which is attached hereto and
incorporated by this reference.
BE IT FURTHER RESOLVED that Resolutions 2001-52 and 2007-44, and all
Supplemental Resolutions thereto, are hereby repealed.
18-6361/176106/DKO 1
RESOLUTION NO. 2018-21
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of Kay , 2018.
Mayor
REVIEWEpher
OVED:
Ci �
q4�d4m,&j
Cily Clerk
INITIATED AND APPROVED:
Chief of Police
APPROVED AS
Attorney 0O)
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18-6361/176106/DKO 2
City of Huntington Beach Tow Rate Schedule
Basic Tow Service (Standard sling or wheel lift truck) $ 175.00
Medium Duty or Flatbed Request $ 195.00
Heavy Duty (3) Axle or larger $ 300.00
Two Ton $ 235.00
Dolly $ 70.00
Rollover minimum $ 70.00
Drop Linkage $ 60.00
Clean-up fee $ 70.00
(Fee charged to the City shall remain $35.00 by contract)
Hazmat fee, per 5 gallon bucket $ 140.00
Winching per hour $ 175.00
Vehicle Storage
Vehicles Outside —per day
$ 60.00
Vehicles Inside —per day
$ 70.00
Motorcycles Outside —per day
$ 35.00
Motorcycles Inside —per day
$ 45.00
Truck or Motor homes (larger than 20')
$ 65.00
Vehicles stored as evidence —outside
$ 35.00
Vehicles stored as evidence -inside
$ 45.00
Motorcycles stored as evidence —outside
$ 25.00
Motorcycles stored as evidence —inside
$ 30.00
After hours release
5:00 p.m. — midnight $ 80.00
Midnight — 8:00 a.m. $ 110.00
Minimum Service Call or Drop Fee $ 90.00
"The rate schedule will be effective April 1st, 2018 through March 31st,
2023. There will be no change in the fee schedule based on CPI for the first
2 years of this new contract (December 1st, 2018 through November 30tn,
2020). The fee schedule can be adjusted based on the CPI starting on
December 1 st, 2020.
Res. No. 2018-21
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on May 7, 2018 by the following vote:
AYES: Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: O'Connell
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND MANDIC MOTORS INC., FOR
POLICE DIRECTED TOWING AND STORAGE SERVICES
This Police Directed Towing And Storage Agreement ("Agreement") is made and
entered into this day of April 1, 2018, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation (hereinafter "City" ), and MANDIC MOTORS INC., a
CALIFORNIA CORPORATION (hereinafter "Tow Operator"), located at 18881 Gothard
Street., Huntington Beach, California 92648.
RECITALS:
WHEREAS, the City requires, from time to time, towing and storage services in
connection with vehicles which have been determined to be a public nuisance pursuant to
the Huntington Beach Municipal Code, or which are in violation of statutes and
ordinances relating to parking, traffic, and law enforcement; and
The Tow Operator represents that it has the managerial and operating personnel
and the facilities and equipment necessary to provide the required vehicle towing and
storage services to the City pursuant the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, the parties agree as follows:
SCOPE OF SERVICES.
The Tow Operator agrees to furnish towing and storage services to the City as
generally described in the Recitals (which are incorporated herein by this reference), and
more particularly described in the Tow Operator's proposal dated November 271h, 2017
and as further defined by this Agreement. Such services shall be performed in a prompt,
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efficient, and orderly manner only after being notified by City's representative to
commence towing of a vehicle.
2. DUTIES OF TOW OPERATOR.
A. The Tow Operator shall:
1. Respond to the location requested by the City within twenty (20) minutes
of receipt of a call from City. If the Tow Operator is not able to respond
within the aforementioned response time, the Tow Operator shall notify
the City immediately of the expected time of arrival (ETA). If the ETA is
unacceptable to the City, the City reserves the right to contact an alternate
towing operator to provide the service.
2. Provide for the deployment of tow vehicles when special events occur in
the City, such as Fourth of July, US Open, street fairs and/or parades as
well as DUI check points, as requested by the City. The Tow Operator
shall have the capability to tow up to 100 vehicles in a five (5) hour period
for special events or DUI check points. The Tow Operator may utilize
pre -approved subcontractors to tow up to 100 vehicles in a five (5) hour
period for said special events or DUI check points. Such additional
towing services will be coordinated by the City with the Tow Operator in
advance. The City, at its sole discretion, may utilize tow services of any
company for special events or DUI check points.
3. Not perform any work or services upon any towed and impounded vehicle
without first obtaining the owner's written consent or as necessary for
emergency or for security purposes. Any parts or accessories removed or
18-6280/173969/mv 2
modified shall be listed on the itemized statement and the statement shall
be stored in the Tow Operator's Business Office.
4. Not solicit or agree to make repairs on a towed and impounded vehicle(s)
until the vehicle(s) has been released by the Police Chief, or his designee.
5. Secure and safeguard all vehicles and personal property received by the
Tow Operator pursuant to this Agreement.
6. Not bill the City in excess of the rates established by Resolution of the
City Council.
3. TOW OPERATOR VEHICLE STORAGE FACILITY AND OFFICE
REQUIREMENTS.
A. The Tow Operator's vehicle storage facility (Storage Facility) shall hereby be
designates as the a City "Official Police Garage" and a "Designated Public Garage" and:
I. Be maintained within the City and be accessible 24 hours a day, 7
days a week, 365 days a year to accept vehicles towed pursuant to
this Agreement. Lighting must be sufficient to afford easy
visibility to all areas of the storage facility.
2. Have the capacity to store a minimum of 200 vehicles
simultaneously.
3 Comply with all City, County and State laws including all permits,
licenses or land use approval requirements of the City or any other
Local, County, State or Federal Agency, including all City Zoning
requirements.
4. Be completely enclosed and employ a security system. The
security system shall be adequate to preclude theft, vandalism or
18-6280/ 173969/mv 3
damage of towed vehicles while stored at the Storage Facility. No
towed vehicles shall be left parked or stored on the public streets or
visible to the public at any time. Storage vehicles must be away
from customer parking and the Tow Operator Office area. The
Tow Operator must provide adequate parking for its equipment
and be able to accommodate at least six (6) additional vehicles for
customer parking.
5. Contain an enclosed protective storage garage capable of holding a
minimum of three (3) vehicles that have been ordered impounded
by the Police Department. Said protective storage garage shall be
lockable and accessible to the Police Department on request. With
the exception of private impounds, vehicles stored in said
protective storage garage shall not be removed from storage until
authorized by the Police Chief or his or her designee, in writing.
6. The Storage Facility shall be clearly marked with a telephone
number to call if release is requested after normal working hours.
Normal working hours shall be from 0800 hours to 1700 hours,
Monday through Friday, except officially recognized holidays.
7. The Tow Operator may charge a reasonable gate fee for vehicle
drop-off between 5:00 p.m. and 8:00 a.m. The Tow Operator shall
pay any third party tow operator for tow service within two (2)
business days of receipt of a towed vehicle.
18-6280/173969/mv 4
B. The Tow Operator shall maintain an Office within the Vehicle Storage
Facility location and the Office shall:
l . Be posted with a sign listing the rates and charges of all towing
and storage services offered. Such sign shall be conspicuously
placed in the office or other places where customer financial
transactions take place. The Sign shall include the company name,
address, phone number and hours of operation, to be clearly visible
from the roadway.
2. Be open and staffed with personnel able to conduct business
Monday through Friday during normal business hours.
4. RELEASE OF IMPOUNDED VEHICLES.
A. The Tow Operator shall:
l . Release impounded vehicles only upon receipt of a Police
Department Release signed by an authorized officer or
employee of the City's Police Department.
2. Ensure that vehicles are available for release from impound and
storage 24 hours a day, 7 days a week, 365 days a year.
3. Advise the Records Bureau of the Police Department of all
vehicles impounded pursuant to this Agreement and not released
thirty (30) days after the conclusion of the tow rotation. Tow
Operator shall identify such vehicles by year, make, model, color,
license and vehicle identification number, and the Tow Operator
shall notify the California Highway Patrol, Sacramento, California,
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by receipt mail of any vehicles towed pursuant to the California
Vehicle Code.
4. At the request of the City, release any vehicle from storage and/or
impound at no cost to the registered owner, unless such liability or
responsibility has been acknowledged by the Police Chief, or
unless such liability or responsibility is imposed by law.
5. TOW OPERATOR'S EQUIPMENT.
A. The Tow Operator shall provide a minimum of six (6) tow vehicles with
drivers permanently stationed in the City while the Tow Operator is
engaged in providing service to the City pursuant to this Agreement. The
Tow Operator's equipment shall include 2 flatbeds, 3 wheel lifts, and 1
tow vehicle with a GVWR of at least 14,000 lbs.
B. The Tow Operator shall provide special tow vehicles to allow for the
towing of unique vehicles or equipment, such as classic or luxury
automobiles, and specialized types of vehicles such as motor homes,
motorcycles and forklifts, boats or large trucks.
C. The Tow Operator shall not use converted pick-up trucks or other vehicles
not specifically designed by the manufacturer for towing other vehicles.
E. The Tow Operator vehicles used in the performance of this Agreement
shall contain radio communication equipment that complies with all FCC
requirements. City radio frequencies shall not be used by the Tow
Operator. All communication equipment shall be purchased and
maintained at the Tow Operator's expense.
18-6280/173969/mv 6
F. The Tow Operator vehicles must be well maintained and next to new in
appearance, with the name, address and phone number of the Tow
Operator's Huntington Beach location permanently affixed to the vehicle.
G. The Tow Operator vehicles shall be equipped with a cable winch of
sufficient size and capacity to retrieve vehicles that may have gone over
embankments, or off traveled portions of roadways into inaccessible
locations.
The Tow Operator vehicles shall be equipped with the standard "tools of
the trade" such as Slim Jim, dolly, etc.
J. The Tow Operator's tow vehicles shall be rated, at a minimum, one ton
capacity, and each vehicle shall be equipped, operated and maintained in
compliance with the California Vehicle Code.
K. The Tow Operator shall provide the Police Department immediate access
to inspect vehicles, equipment and vehicle storage facilities.
6. TOW OPERATOR PERSONNEL.
A. All Tow Operator personnel must maintain a valid State of California
Driver's License at a class level to operate all vehicles and equipment used
in the performance of the Agreement'.
B. The Tow Operator shall provide all drivers engaged in operations pursuant
to this Agreement, copies of the California Vehicle Code relating to
vehicle towing and storage services. All personnel shall be trained in the
proper and safe use of all towing equipment.
' Tow Operator personnel with existing unexpired records are not required
to resubmit information until such time as records are expired.
18-6280/173969/mv 7
C. All towing services performed under this Agreement shall be at the
direction of a City representative if present at the scene.
D. The Tow Operator's business operations shall be conducted at all times in
an orderly, ethical and courteous manner. The Tow Operator shall use its
best efforts to secure and maintain the confidence of vehicle owners and
operators. Any complaints filed with the Police Department by a vehicle
owner, operator or other patron, against the Tow Operator and/or
employees, will be investigated by the City. At the conclusion of the
investigation, a recommendation of action shall be forwarded to the Police
Chief for action, including the recommendation of termination of this
Agreement.
E. All Tow Operator personnel in the field shall wear uniforms which bear
the name of the individual and the Tow Operator in a conspicuous place
on the uniform.
F. Prior to commencing tow operations pursuant to this Agreement,
all current (and future personnel) performing services under this
Agreement, shall: (1) be fingerprinted and photographed by the
Huntington Beach Police; and (2) submit the following information
to the Huntington Beach Police Department:
l . Name, date of birth, driver's license number, and residence
address;
18-6280/173969/mv 8
2. The business, occupation, or employment history for three
(3) years immediately preceding the date of the application,
including permit history; and
3. All criminal convictions or proceedings in which a plea of
guilty or nolo contendere was entered, including Vehicle
Code violations;
G. All Tow Operator personnel engaged in towing vehicles pursuant to this
Agreement shall be fluent in English.
H. The Police Chief, at his or her sole discretion, may refuse to allow
the Tow Operator personnel to perform services pursuant to this
Agreement. The Police Chief will refuse to allow the Tow
Operator personnel with bad moral character, intemperate habits or
a bad reputation for truth, honesty or integrity, including making a
material misrepresentation in a job application or committed,
aided, or abetted in the commission of any act, or act of omission,
which if committed would be grounds for suspension or revocation
of this Agreement. No Tow Operator employee shall perform
services pursuant to this Agreement unless they are over eighteen
(18) years old.
7. ROTATING SCHEDULE FOR SERVICE CALLS.
A. If the City utilizes vehicle towing and storage services in addition to those
provided by the Tow Operator, City shall use its best efforts to assign
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requests for towing services on the 151" and last day of the month on a
rotating schedule.
B. The City reserves the right to use any towing and storage services in the
event of any emergency or calamity or when the Tow Operator services
are unavailable for any reason.
8. TERM OF AGREEMENT.
The term of this Agreement shall commence on April I, 2018, and shall continue
for a period not to exceed five (5) years or upon termination by either party, whichever
occurs first. Performance under this Agreement shall not commence until the Tow
Operator has satisfied all obligations contemplated in this Agreement. The Term of this
Agreement may be extended for an additional five (5) years with approval of City
Council and the Tow Operator in writing.
9. TERMINATION.
The City reserves the right to terminate this Agreement in the event of a breach of
any material term of this Agreement, which breach is not cured following written notice
and a reasonable opportunity to cure.
10. PROCEDURE FOR TERMINATION IN THE EVENT OF BREACH.
Prior to termination of the Agreement, the Police Chief shall give the Tow
Operator notice in writing of the breach and a reasonable period to cure. The opportunity
to cure period shall be a minimum of thirty (30) days (except in cases of emergency
where a shorter time may be prescribed consistent with the nature of the emergency). If
the breach is not timely cured, the Tow Operator will be considered in breach of this
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Agreement and the Police Chief may recommend to the City Council termination of this
Agreement.
11. FORCE MAJEURE; TOW OPERATOR'S INABILITY TO PERFORM.
In the event the Tow Operator's performance of any of the terms, conditions or
obligations of this Agreement is prevented by an occurrence beyond the Tow Operator's
reasonable control, such inability to perform shall not be deemed a breach. The Tow
Operator shall notify City in writing within thirty (30) days of its discovery of the
occurrence or may be deemed in breach. In such an instance, the Tow Operator shall
have reasonable time, under the circumstances, to perform in a manner satisfactory to the
City. For the purpose of this Section, causes or events not within the control of the Tow
Operator shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil
disturbances, epidemic, labor disputes, freight embargoes, explosions, natural disasters
such as floods, earthquakes, landslides and fires, rationing, and power or communications
failures. Inadequate finance or lack of regulatory (including obtaining and maintaining
necessary permits or licenses) approval or the right to use the facilities of any public
utility shall not excuse performance and will be considered breach.
12. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICES.
The Police Chief, or his designee, shall be responsible for the administration of
this Agreement. The Police Chief may issue to the Tow Operator direction concerning
policies and procedures to be implemented in connection with the towing and storage of
vehicles pursuant to this Agreement.
In the event of dispute between the Tow Operator and the City as to the nature
and extent of the services to be performed, or the level and manner of performance, the
18-6280/ 173969/mv 1 1
Police Chief, or his designee, shall make the final and conclusive determination which
shall be binding on the Tow Operator.
Formal notices, demands and communications by either party shall be made in
writing and may be effected by personal delivery or by mail. The representatives of the
respective parties who are authorized to administer this Agreement, and to whom formal
notices, demands and communications shall be given are as follows:
To CITY:
Police Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
To TOW OPERATOR:
Mandic Motors Inc.
Robert Mandic
18881 Gothard Street
Huntington Beach, CA 92648
If the name of the representative designated to receive the notices, demands or
communications, or the address of such person, is changed, written notice thereof shall be
given within five (5) working days of said change.
13. TRANSFER OF OWNERSHIP.
Except as provided herein, the Tow Operator shall not sell or transfer any rights
or obligations under this Agreement without the prior written authorization of the Police
Chief.
14. INDEPENDENT CONTRACTOR STATUS.
The Tow Operator is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of City. The Tow
Operator shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for the Tow Operator and its
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officers, agents and employees, and all business licenses, if any, in connection with the
services to be performed hereunder.
15. RATES, FEES AND CHARGES.
A. The Tow Operator shall be responsible for all costs, charges or expenses
incurred by the Tow Operator pursuant to the terms of this Agreement
unless such liability or responsibility is imposed by law on another party.
B. The rates, fees and charges imposed by the Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement shall not
exceed those which are at any time approved by Resolution of the City.
The City shall adjust the fees set forth in the Resolution and such fees
shall increase pursuant to this Agreement based upon the change in the
Metropolitan Consumer Price Index for the Los Angeles -Riverside -
Orange County, California, area during the preceding year by such
percentage change. The adjusted fee amount shall be rounded to the next
highest dollar, and this amount shall constitute the fee authorized by
Huntington Beach Municipal Code Chapter 5.66.
C. Rates, fees and charges shall be posted in a conspicuous location at the
Tow Operator's place of business and may be collected by the Tow
Operator from a vehicle owner or property owner at the time the vehicle or
property owner desires the release of the vehicle from the Tow Operator's
storage facilities.
D. Should there be any dispute between the Tow Operator and a vehicle
owner or property owner regarding rates, fees and charges for services
18-6280/173969/mv 13
rendered pursuant to this Agreement, such dispute shall be resolved by the
Police Chief, or his duly authorized representative. The Tow Operator
shall make no demands upon the vehicle owner or property owner for a
sum in excess of the amount determined to be reasonable by the Police
Chief, or his authorized representative.
E. The Tow Operator shall furnish to the person subject to towing, or
his or her agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle
and the charges made therefor upon the request of.
1. The registered owner; or
2. The legal owner; or
3. The insurance carrier of either (a) or (b); or
4. The duly authorized agent of any of the foregoing.
The Tow Operator shall furnish a copy of such statement
without demanding payment as a condition precedent.
16. LETTER OF CREDIT.
A. The Tow Operator (Applicant) shall establish irrevocable letter of credit
(or similar instrument guaranteeing performance of this Agreement if
preapproved by the City) with an issuing bank approved in advance by the
City, naming the City as the beneficiary, in the sum of $50,000.00 and in
the form approved by the City Attorney. The letter of credit shall serve as
security for the faithful performance by the Tow Operator of all the
provisions and obligations of the Agreement.
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B. If within thirty (30) days following receipt of written notice from the City
of the Tow Operator's failure to provide service or pay City an amount
owing under this Agreement, the letter of credit may be called by the City
upon five (5) days prior written notice to the Tow Operator indicating the
intention of the City to draw upon the letter of credit, the amount to be
drawn and the reason therefor.
C. The Tow Operator shall deposit a sum of money sufficient to restore the
letter of credit to the original amount within thirty (30) days after notice
from City that an amount has been withdrawn from the letter of credit,
specifying the date and amount of the withdrawal.
17. ALTERNATIVE REMEDIES.
Remedies provided for in this Agreement are cumulative and in addition to other
rights the City may have at law or equity or under this Agreement. In no event shall the
amount of any insurance, bond or letter of credit be construed to limit the Tow Operator's
liability for damages.
18. REGULATION.
The Tow Operator shall comply with all Federal, State and Local statutes and
ordinances, shall make all reports required by the Vehicle Code of the State of California,
and shall follow all reasonable rules and regulations which the Police Chief of the City
may from time to time prescribe governing the conduct of the Tow Operator's operations
under this Agreement.
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19. RECORD KEEPING AND REPORTING.
Tow Operator shall keep records of all tow operations, financial or otherwise
conducted pursuant to this Agreement. In part, the Tow Operator shall record the
following:
Time a call for towing was received, the location of call, the license number of the
vehicle, the make and model of vehicle, the date of release, the person or firm to whom
released, the charges imposed and Police case number, if assigned.
Said reports shall be submitted in writing to the City upon request in a form
acceptable to the City. The Tow Operator shall provide access to all records maintained
regarding this Agreement to the City upon demand for auditing purposes.
20. CITIZEN COMPLAINTS.
A. Except as provided in Section 15, The Tow Operator shall establish
written procedures for receiving, acting upon and resolving citizen
complaints without intervention by the City consistent with the Tow
Operator's complaint handling procedures which shall be designed to
accomplish the following:
Receipt and acknowledgment of any complaint made in person or
by telephone within twenty four (24) hours, regardless of the time
the complaint is made.
2. Acknowledgment of any complaint received by mail at the Tow
Operator's office within ten (10) business days of the date such
complaint is made.
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B. In the event of a dispute between the citizen and the Tow Operator
regarding the bill, the Tow Operator shall promptly investigate the dispute
and report the results to the subscriber. In the event the dispute is not
resolved to the citizen's satisfaction, the Tow Operator shall provide in
writing to the City its complaint procedures.
C. The Tow Operator shall respond within two business days to complaints
made to or referred by City.
21. WORKER'S COMPENSATION INSURANCE.
Pursuant to California Labor Code Section 1861, the Tow Operator
acknowledges awareness of Section 3700 et seq. of said Code, which requires every
employer to be insured against liability for workers' compensation; the Tow Operator
covenants that it shall comply with such provisions prior to commencing performance of
the work hereunder.
The Tow Operator shall maintain workers' compensation insurance in an amount
of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident,
each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease,
each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by
disease, policy limit.
The Tow Operator shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. The Tow Operator
shall furnish to City a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and the Tow Operator shall similarly require all subcontractors
to waive subrogation.
18-62 80/ 173969/mv 17
22. INSURANCE.
In addition to the workers' compensation insurance and the Tow Operator's
covenant to indemnify City, the Tow Operator shall obtain and furnish to City:
A. A policy of general public liability insurance, including motor vehicle
coverage covering the services. Said policy shall indemnify the Tow
Operator, its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of or in connection
with the services, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual
liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name City, its
officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the
services shall be deemed excess coverage and that the Tow Operator's
insurance shall be primary.
B. Automobile liability insurance covering all vehicles used by the Tow
Operator to fulfill the herein Agreement, with minimum limits of liability
of One Million Dollars ($1,000,000) combined single limit coverage
against any injury, death, loss or damage due to wrongful or negligent acts
or omissions by the Tow Operator and/or his employee and/or sub -tow
operators.
18-6280/173969/mv 18
C. On Hook Liability insurance with minimum limits of One Hundred
Thousand Dollars ($100,000).
D. Garage keeper's liability insurance with minimum limits of One Million
Dollars ($1,000,000).
All insurance required hereunder shall be issued by a company rated "A" or better
in Best's Key Rating Guide and authorized to transact business in the State of California
as an admitted surety insurer.
23. CERTIFICATE OF INSURANCE.
Prior to commencing performance of the work hereunder, the Tow Operator shall
furnish to City certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise to provide that such
policies shall not be canceled or modified without thirty (30) days prior written notice to
City. The Tow Operator shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of City by the Tow Operator under this
Agreement. City or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. The Tow Operator shall pay, in a
prompt and timely manner, the premiums on all insurance herein above required.
18-6280/ 173969/mv 19
24. INCREASE IN COVERAGE.
Nothing contained in this Agreement shall preclude the City from requiring the
Tow Operator to increase the amounts of insurance coverage specified herein, or to
obtain and maintain other types of insurance coverage, in order to protect the interests of
the City and its vehicle owners and operators. The Tow Operator shall comply with such
new or additional requirements within a reasonable time after receipt of City's written
request or the City may terminate this Agreement.
25. INDEMNIFICATION.
The Tow Operator hereby agrees to protect, defend, indemnify and hold harmless
City, its officers, elected or appointed officials, employees, agents, and volunteers from
and against any and all, claims, damages, losses, expenses, judgments, demands for
defense costs, and consequential damage or liability of any kind or nature, however
caused, including those resulting from death or injury to the Tow Operator's employees
and damage to the Tow Operator's property, including failure to give the notice referred
to in Section 10652 of the California Vehicle Code, arising directly or indirectly out of
the obligations or operations herein undertaken by the Tow Operator, caused in whole or
in part by any negligent act or omission of the Tow Operator, any sub -tow operators,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, including but not limited to current active or passive negligence,
except where caused by the active negligence, sole negligence, or willful misconduct of
the City. The Tow Operator shall conduct all defense at its sole cost and expense and
City shall approve selection of the Tow Operator's counsel. City shall be reimbursed for
all costs and attorney's fees incurred by City in enforcing this obligation. This indemnity
18-6280/ 173969/mv 20
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Tow Operator.
26. SUBCONTRACTING, DELEGATION AND ASSIGNMENT.
A. The Tow Operator shall not delegate, or assign its duties or rights
hereunder, either in whole or in part, without the prior written consent of
the Chief of Police. Failure to receive prior approval shall be grounds for
immediate termination of this Agreement at the option of the City Council.
B. The Tow Operator may use subcontractors only after receiving written
approval from the City.
C. Any authorized assignment, delegation or subcontract shall be made in the
name of the Tow Operator and shall not bind or purport to bind the City
and shall not release the Tow Operator from any obligation under this
Agreement.
27. COMPLIANCE WITH STATE
A. Notwithstanding the requirement to comply with all Federal, State and
City laws, the Tow Operator shall comply with Sections 22523, 22524,
22669, 22670, 22671, and 22850 through 22856 of the Vehicle Code
which relate to the removal, storage and disposition of abandoned vehicles
and liens of garage keepers.
B. The Tow Operator shall keep fully informed of and comply with all City,
County, State and Federal laws, ordinances and/or regulations which are
applicable to the Tow Operator and/or those engaged or employed by the
18-6280/173969/mv 21
Tow Operator in doing the services to be provided by the Tow Operator
pursuant to the herein agreement, including but not limited to the handling
of vehicles, lien sales with outstanding parking penalties, owner
notifications, removal, storage and disposition of abandoned vehicles, etc.
C. The Tow Operator shall obtain and maintain all permits and licenses, pay
all charges and fees, and give all notices required by any Federal, State
law or City ordinances or other laws relating to the performance of this
Agreement.
28. NON-DISCRIMINATION.
A. In the performance of this Agreement, the Tow Operator shall not
discriminate against any member of the public, employee, sub -tow
operator, or applicant for employment because of race, color, religion,
ancestry, sex, national origin, handicap or age. The Tow Operator shall
take affirmative action to ensure that members of the public are served,
sub -tow operators and applicants are employed, and that employees are
treated during employment without regard to their race, color, religion,
ancestry, sex, national origin or age.
B. The provisions of Paragraph A above shall be included in all solicitations
or advertisements placed by or on behalf of the Tow Operator for
personnel to perform any services under this Agreement. City shall have
access to all documents, data and records of the Tow Operator and its sub -
tow operators for purposes of determining compliance with the fair
employment and non-discrimination provisions of this Section.
18-6280/ 173969/mv 22
29. PERMITS AND LICENSES.
The Tow Operator shall obtain and maintain during the term of this Agreement all
necessary licenses, permits and certificates required by law for the conduct of the Tow
Operator's activities and for the provision of services hereunder, including a business
license issued by the City.
30. ADVERTISING.
The Tow Operator shall not display or use any signs, advertising materials, logos,
etc., which indicate that the Tow Operator is an official towing service for the City of
Huntington Beach without written authorization of the City. A designation of "Official
Police Tow" or similar language is not acceptable without prior written consent.
31. CONFLICT OF INTEREST.
The parties agree that, to their knowledge, no member of the City Council, officer
or employee of the City has any interest, whether Agreement, financial or otherwise in
this transaction, or in other business of the Tow Operator, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information shall be made in writing to the other party, even if such interest would
not be considered a conflict of interest under applicable laws. The Tow Operator
covenants that it has, at the time of execution of this Agreement, no interest, and that it
shall not acquire any interest in the future, direct or indirect, which would conflict in any
manner with the performance of services required hereunder. The Tow Operator further
covenants that, in the performance of the services hereunder, no person having any such
interest shall be engaged or employed.
18-6280/173969/mv 23
32. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation of application of any provisions of
this Agreement shall, to the extent reasonably feasible, be resolved
through good faith negotiations between parties.
B. Disputes regarding the precipitating cause for any removal, seizure or
impound of a vehicle directed by the Police Department shall, to the extent
feasible, be resolved by the Police Department Station Commander
pursuant to the California Vehicle Code commencing with Section 22650
thereof. This section shall not apply to disputes concerning removal of
vehicles pursuant to Sections 22660 through 22668, inclusive, and
Sections 22655, 22658, or 22710 of the California Vehicle Code. Those
disputes shall be referred to the attention of the Police Department Station
Commander by the aggrieved party within ten (10) days after the disputed
removal, seizure or impound. A hearing shall be conducted by an
authorized member of the City's Police Department within forty-eight (48)
hours. The Tow Operator shall abide by the decision rendered.
33. AGREEMENT NON-EXCLUSIVE.
The City reserves the right to Agreement for towing and storage with more than
one Tow Operator.
34. AMENDMEN
This Agreement supersedes all prior proposals, agreements and understandings
between the parties and may not be modified or terminated orally, and no modification,
18-62 80/ 173969/mv 24
termination or attempted waiver of any of the provisions hereof shall be binding unless in
writing and signed by the party against whom the same is sought to be enforced.
35. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
36. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each
party shall bear its own attorney's fees, such that the prevailing party shall not be entitled
to recover its attorney's fees from the nonprevailing party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
18-6280/173969/mv 25
MANDIC MOTORS INC., a CALIFORNIA
CORPORATION
By: i[ e---4---
1'Z e, �r H1- V . )'A Cx
print nC
ITS: (circle one) Chairmaent.iee President
p AND
By:_
/�'io�-.-c-----
[7 �� I" ei l C
rin�t name
ITS: (circl one) Seer�LAief Financial Officer/Asst.
Secretary -
REVIEW APPROVED:
/ it nager
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
/"
CitXClerk s•vo•/S bs
APPROVED
City Attorney "
IT TIATED AND AP DD OVED:
f
g
Police Chief
18-6280/ 173969/mv 26
City of Huntington Beach Tow Rate Schedule
Basic Tow Service (Standard sling or wheel lift truck) $ 175.00
Medium Duty or Flatbed Request $ 195.00
Heavy Duty (3) Axle or larger $ 300.00
Two Ton $ 235.00
Dolly $ 70.00
Rollover minimum $ 70.00
Drop Linkage $ 60.00
Clean-up fee $ 70.00
(Fee charged to the City shall remain $35.00 by contract)
Hazmat fee, per 5 gallon bucket $ 140.00
Winching per hour $ 175.00
Vehicle Storage
Vehicles Outside —per day $ 60.00
Vehicles Inside —per day $ 70.00
Motorcycles Outside —per day $ 35.00
Motorcycles Inside —per day $ 45.00
Truck or Motor homes (larger than 20') $ 65.00
Vehicles stored as evidence —outside $ 35.00
Vehicles stored as evidence -inside $ 45.00
Motorcycles stored as evidence —outside $ 25.00
Motorcycles stored as evidence —inside $ 30.00
After hours release
5:00 p.m. — midnight $ 80.00
Midnight — 8:00 a.m. $ 110.00
Minimum Service Call or Drop Fee $ 90.00
"The rate schedule will be effective April 1st, 2018 through March 31st,
2023. There will be no change in the fee schedule based on CPI for the first
2 years of this new contract (December 1st, 2018 through November 30th,
2020). The fee schedule can be adjusted based on the CPI starting on
December 1st, 2020.
2018
2019
2020
2021
2022
12/31 to 1/15
MANDIC
BEST
MANDIC
BEST
MANDIC
1/15 to 1/31
BEST
MANDIC
BEST
MANDIC
BEST
1/31 to 2/15
MANDIC
BEST
MANDIC
BEST
MANDIC
2/15 to 2/28
BEST
MANDIC
BEST
MANDIC
BEST
2/28 to 3/15
MANDIC
BEST
MANDIC
BEST
MANDIC
3/15 to 3/31
BEST
MANDIC
BEST
MANDIC
BEST
3/31 to 4/15
MANDIC
BEST
MANDIC
BEST
MANDIC
4/15 to 4/30
BEST
MANDIC
BEST
MANDIC
BEST
4/30 to 5/15
MANDIC
BEST
MANDIC
BEST
MANDIC
5/15 to 5/31
BEST
MANDIC
BEST
MANDIC
BEST
5/31 to 6/15
MANDIC
BEST
MANDIC
BEST
MANDIC
6/15 to 6/30
BEST
MANDIC
BEST
MANDIC
BEST
6/30 to 7/15
MANDIC
BEST
MANDIC
BEST
MANDIC
7/15 to 7/31
BEST
MANDIC
BEST
MANDIC
BEST
7/31 to 8/15
MANDIC
BEST
MANDIC
BEST
MANDIC
8/15 to 8/31
BEST
MANDIC
BEST
MANDIC
BEST
8/31 to 9/15
MANDIC
BEST
MANDIC
BEST
MANDIC
9/15 to 9/30
BEST
MANDIC
BEST
MANDIC
BEST
9/30 to 10/15
MANDIC
BEST
MANDIC
BEST
MANDIC
10/15 to 10/31
BEST
MANDIC
BEST
MANDIC
BEST
10/31 to 11/15
MANDIC
BEST
MANDIC
BEST
MANDIC
11/15 to 11/30
BEST
MANDIC
BEST
MANDIC
BEST
11/30 to 12/15
MANDIC
BEST
MANDIC
BEST
MANDIC
12/15 to 12/31
BEST
MANDIC
BEST
MANDIC
BEST
2023
BEST
MANDIC
BEST
MANDIC
BEST
MANDIC
BEST
DATE (MM(aorYYYY)
ACt�Rd7 CERTIFICATE OF LIABILITY INSURANCE 4/10/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement.. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
ON
PRODUCER NAME: Kathy Tran
,_
I FAX
The Empire Company
550 North Park Center Drive E-MAIL KTran@enipire-co.com
aooss
Suite 205AFFORDING COVERAGE _..__ A14........-.
Santa Ana CA 92705 INSURERA:EMC insurance Companies
INSURED INSURER 8 :Nat ional Liability & Fire Insurance
Mandic Motors Inc. INSURER c
18881 Gothard Street INSURER0: _....
INSURER E : .._.....
Huntington Beach CA 92648 INSURERF:.
__..__ ___ ..�,.-,...-.•.- .,.,..nrn.orrly 10 10_1+TTV nv W-PI nVT.v or-WISIf1N NIIL4RFR-
V THIS'15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOT4AATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE I� POLICY NUMBER MMIDDY EFF POLICY EXP LIMITS
�ODL SUBR�Y4 POUC
LTR IYYYY MMJDDMYYY
y, COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000
G M E 7C R TED 300 000
A G i �S-Y 3E X aCu�"? an SES (Ea occu re�ce�
_
Sx4-07-43-1v" 12/7/201't .12/7J2018 a tiP,:Any one. person.),",�S 5 00
4EC°
PERSONAL & ADV Iran JR'• S Included
6r ...GGRE T - -WIT APPLIES PEP JAPPROVEO AS WfORM GENSRA.L AGGREGATE is 2, 000 000
tiC- P �'= i PPC:S-COtAPtOPAwG I S 2,000,000
X a ICY . d ...
Is
O T ,ER AV! 11
AUTOMOBILE LLAB€U i-Y` A GC�t 31['IEC NCLE Lltd S 11000,000
COYAMRNRS 9 3 dFf-
Y UT:i � E' 7 LY lty kJRPw PE scni
S
g 73TRS083257 12�7/2017 .2/7/2018 B0D7 INJURY 1R . ac ceni 5
S PtGPTY DM4AGErh-IVNEo ---- ___. - ----
S
ALITOS
_.
_ X UMBRELLA LIAROC:C=L.='= E >i.;:;URREtiCE._.- _ ....._ .._...___. 1..000,,00
A EXCESS LIAR {; L1 SA.DE'., "AGGREGATE, -S 1, 000, 000
DEn FiTI'3N5 5X4-07-43-19 _ 12/7/2017 i 12/,/201B ._.._
WORKERS COMPENSATION PER _ O
r i-
AND EMPLOYERS LIABILITY NTUIw - R -""-
-.h. FRET^ aART.cr JIMCG-I;E YfM _F L EACH ACCIDENT... _S
NIA .
(Mandatory in NH) i e L L SEAS 6 - qdF , E: $
ves CesenbeunOeT
TESL ON OF OPERATIONS )elan: E.L S A.S POIr v tfl7 S
A GARAGEKEEFERS COVERAGE SX4-07-43-18 12/7/2017 12/7/2018 ;LIMIT 1,000,000
B ON -HOOK COVERAGE 73TRS083257 12/7/2017 12/7/2018ILIMIT 100,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is requlred)
City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers
are named as additional insured with respect to general liability per form BP04480713 attached.
Umbrella underlines General Liability.
rA urcl I A TInM
TOno@hbpd.org
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Huntington Beach
2000 Main Street
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach, CA 92648
AUTHORIZED REPRESENTATIVE
-'c Moore/KAT'Hv - -
LI 1BIit5-LUlR AGUKU L UKYUKA I nJN. All Tlgn15 re5erVeU.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025123s5c1 i
HH -157- Item 9. - 63
POLICY NUMBER, 5X4-07-43-18
BUSINESSOWNERS
SP 04 48 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following.
BUSINESSOWNERS COVERAGE FORM
Name Of Additional Insured Person(s) Or Organ ization(s):
City of Huntington Beach, its officers, elected or appointed officials, employees, agents & volunteers
I Information required to complete this Schedule, if not shown above, will be shown in the Declarations- I
Section 11 — Liability is amended as follows
A. The following is added to Paragraph C. Who Is An
Insured:
3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those
acting an your behalf in the performance of
your ongoing operations or in connection with
your premises owned by or rented to you,
However,
a. The insurance afforded to such additional
insured only applies to the extent permitted
by I aw: and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured 'will not. be broader than
that which you are required by the contract
or agreement to Provide for such additional
insured.
BP 04 48 0713
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Paragraph D. Liability And Medical Expenses
Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay an behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2, Available under the applicable Limits Of
Insurance shown in the Declarations,
whichever is less.
This endorsement
applicable Limits Of
Declarations,
shall not increase the
Insurance shown in the
,3c insurance Services Office, Inc, 2012
Item 9. - 64 HB -158-
INSURM-
INSURANCE COMPANY OF THE WEST
ITEM 4. NAMED INSURED AND MAILING AD€ RESSr
MANDIC MOTORS
18881 GOTHARD ST
HUNTINGTON BEACH CA 92648
CORPORATIONLEGAL ENTITY.
A
MRIM;IS COMPENSATION
INSURANCE POLICY -INFORMA"nON +.
POLICY
RENEWAL OF: WSD Y t
NCCI Company No. 19593
Account
RISK ID {
N.J. Taxpayer Identificzbon, No.
P.O.PRODUCER NAME AND ADDRESS.
BOX 1189
OBIS-. CA 93406
* * • • - •♦ • zs -.� •
+r a *
ON
(Ed. 9j _ G'
"� .. ,i .a�.�h� �� :4��»`tn.:��... �. nr� - �_"r3 •� ,fG �e14 �% '. HU I _17- el'IIj �, .r,�� � _ �_ .re9 .�a
Item 9.-65
ArEMC
(NSURANCB
EMPLOYERS MUTUA-- CASUAL`iY COMPANY
COMMERCI AL U M B R E L L A DECLARATIONS
------------------------*
Policy Period: From 12/07/17 to 12/07/18 Polio. Number
5 U r- 0 7- 4 1,8 '
N A Psi 1. C : ,a S U R E D PRODUCER
MAND7C,' M 0 T ,,RS ?'Q THE EMPIRE COMP_-';.N".
(A CORE) ORATIOt,,!) PO BOX 5400
18681 GOTH7RD ST RANCHO fCUCAMONGA CA 9_729_5 00
HUN:'IN GTON 3F:4`._. CA 2 48-152.4
AGENT: Ai 0607
DIRECT BILTi AGENT PHONE: (909 476-0600
CLAIM RE?OR I.NGG: (888) ti62-2255
SERVICING CARRIER: (800)432-8422
`?'1". .IS Pv'ii 'ti r., t. C OFFERED CONTINGENT UPON T:�E RECEIPT OF' PAYMENT
�r3FTCH IS D'7E ON =Z,/i 7/17.
insured is _.C?_RP0 R Al I _iDN Busa.ness ;lest. AUTO REPAIR GARAGE
- Y r T :.) F T ;': U R A N C E
Facn Occurrence Limit. fLiabi1,izy Coverage} S 1, 000, 000
Persor:a _ & A-Iverti sing Inlnr,,f L--m .t $ 1, 000, 000
(L v one person: or organization,
CD
_________Ag ree. t L-_r.^c {Liao-1? "coverafae} _..__._.____S 1, 000,0��`0___.__---- (except with respect tc; "covered autos")
FI.E✓?r?M_%t_ I' �:'.�.F7Ef4T-TC-?yU':I - _-_ �54_00__I
A S100 MINIMUM POLICY PREMIUM APPLIES
-------------------- -----------------Ai TER---H-.-E---
----- -------------------
Forms Anolicable:
CU0001!04/13;, C'J0004i05/09), CC011_(v5/-17)�, CiI0223i09/12:`,
CU2123 (02j. 2) , CC";2J.27 (1 /04) , CU2'11 [01J1 ? CU2136 (0i/' 5)
CU21%1(06-/1!)*, CtU2186(05/14 , CU24-23;12/07), C;U2429(04/13`,
CU7001A ;1.�r'`I. t1%27? (0810 �) , L72 c {07r'14; , CU729,3 ;.181Cb
CU.-,O 40;4.2{10/08s, IL,7_30A?04I01) 11,7731 0,4.>01
,
L7137i1..r,, rC3.s 8 3.2A01/-15;, 'I" 4rft !138), 11,,8-/4 t03/17,
PKF-FER TO --- 'T OR DTSTR.IBUT ION (Si FOR ANY FORMS NOT ATT-AC E
Date c{ ssue
FORM C 1. J✓ U �w u i �.: . 0_- B J P ¢ f 0 8 [ 0,
T40,� 5 -1 80'
r
Item 9. - 66 I-113 -160-
AFEMC
INSURANCE
JAL--.kS,;'ALT', CCMF.Tp N'; POLICY NUMBER: 5W4-07-43---18
�t .AlDIC MOTORS LAIC EFF DATE: 12/07/17 EXD DATE; 12/07/18
B r S% N E, S S O W N E R S P Ca `, : C X
DE CT AR A T I ,`�, rI S
ENDORSEM.EN7 SCHEDULE
ED1TIOEI
C='RIVl
DATE
aF,SCR.CPT taf''ADCTT tvAL LIiFJRi'✓AT"ICI: :� :. M-1
BP0003
0-7-13
BUSI.NESSOavNERS COVERAGE FORM
'BP0155
05-17
CALIFORNIA CHANGES
B' .01 L7
G 1- 1.0
EMPLOYMENT RELATED PRACTICES EXCL
B_7'.:i4 -0
G7 - 1 3
!= O`?'ECT7-VE SAFEGJARDS
B°:'wl448
07-13
A1- DES I/G'.NA`i'ED PERSON OR CRGANIZA`rION
NAME OF PERSON!Sj OR ORGANIZATION{S
ERLANE MA IrT . ASSOC. SUMI�i
C/O PPO RESSIVE UOJ"MUI'ITTY MGMT
27405 P,JERTA REAL STD 3.,9
MISSICN VTEu'O, CA 9269i-63772
NAME OF PERSON(S) OR ORGANIZATIONIS)
AJTc.A, OBI.L cL�)B OF SOUTHERN
CALIFORNIA, ITS SUBSIDIARIES &
AS'.. LLIATES
PO .BOX 1201"w—FA
HEM —ET, CA 92546-8010
NAME OF PERSON(S) OR ORGAN I ZAT TON i S'
CNTY F HUNTING` DNS BE"'C '
ITS OFFICERS, ELECTED SIP
APPO.I-NIT ED OFFICIALS, -1MP:,OYE E,S
,0C3 MAIN sT
HUN''ING'ON SEAC:", CA 92648-27t72
320523
01-15
CAP/LOSSES/CERTIFD ACTS OF TERRORIS."4
BP'13'y42
40 15
:E, CL OF F-T,'',171VE DAMAGES FOR. TERROP,7
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BP1 ' 3
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LOSS PAYAB,_ PROVISIONS
BP_504
05-14
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BP 7001 . 2A
10-05
BOP SCHEDULE-MTSC PROP POL LEVEL COV
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B'P QUItC?, PEFER.ENCE'
8P7135
08-08
LEAD EXCLJSION
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CONT:NUOUS/PROGRESSIVE INTiUR" EXCLU.S
BP71 7
02-08
1,0 ,_TPl4ENT BPEAKDOItiN ENDORS F�..ENT
E : - !i.",'
` '?-1.3
EEXPriNDEZ_ 13(:,S'-r "4ES`S"OWNERS . X_' END
BP:1340
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AT'TO SERV; _(-- INDUSTRY EXTENSION
'BP7341
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C.A GE KEEP-RS PLUS ENDORSMENT
09-16
1,KjT 3AL POLIO_ PROVISaCNS
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f>SBE"STOS EXCLUSION
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NA."'ED .NQtjp FNDCPSEMENT
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CUMM'I POLICY ENDORSEMENT SCHEDULE
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EXCI, MIXED DUST ?NEUMOCONIC7SIS
IL.7338
351-15
NOTICE C= CANC PROV BY US DESIGNATED
1,1'AME 07 NT _TY, 'OTNTTED F. RY, FANZLY LIFE
TNS-JRANCE CCM'r,ANY
C/C THE AL --SON C:;M_Z'ANY
LAI 09� .1 r
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F';R* I?,'71v?.A ED. 4-0,
C7:u^ 7',JEL,
FIB -161- Item 9. - 67
AftCLV5*v"AFwW CERTIFICATE OF INSURANCE
141313
Motor Carriers of Property
INSURER IINSUWINCE CONVAN-) NAMEN40 ADDRESS INaC #
Status:
NATIONAL LIABILITY& FIRE 20062
0 Licensed to write insurance in the State of C afforrii a
INSURANCE COMPANY SLIZ?uJS tyE aR6;EFZ -,
(Admitted Insurer)
1314 DOUGLAS STREET, SUITE 1400
M Non -admitted Insurer subject to Section 1763 of the
OMAHA, NEBRASKA 68102 0 T RE P.
California Insurance Code
SURPLU' I VF. HPOICER NAME
0 Charitable Risk Pool
0 Risk Retention Group
WSURSO WGTOR CARRIER) r1*1Z ANO ADDRESS
Filed with the: California Department of Motor Vehicles
MANDIC MOTORS INC
Registration Operations Division
18881 GOTHARD STREET
P. O. Box 932370 MS G675
HUNTINGTON BEACH, CA 92648
Sacramento, CA 94232-3700
(916) 657-8153
TYPE OF INSURANCE POLICY EFFECITVS POLICY NUMBER
I, UNTS
DATE (MMIDWrf)
PRIMARY LIABILITY
❑ Coverage below statutory rrvnimum
cOMONED SINGLE LINT
limits,
i 73TRS083257
BODILY INJURY OR DE-ATW
121 !L---l-
Coverage equal to or exceeding
I 2JO 7/2D 17
—PIERI-q
8001-Y INJURY OR DEATH
statutory minilmum limits-
LYORE -Lire
S
PROPERTY DAMAGE
$
EXCESS LIABILITY
COkeINED SiNa E LIMIT
Coverage between primary coverage
14JURY
and statutory minimum limits.
rt, =f
PERSON)
❑ Coverage provided at or above
ECOILY INJURY OR DEATH.
;MORE TrAN ONE..PEPSON)
in an*ss or $
statutory minimum limits.
PROPERTY DAMAGE
in mesa of
WORKERS' COMPENSATION I
0 Vr- stahrory urwits
Insurer certirfies to each of the following.
• The motor carrier of property (insured) identified herein is covered by an insurance policy providing bodily injury or death
liability, property damage liability insurance, or workers* compensation insurance within the coverage limits identified above
as required by California Vehicle Code (CVC) Sections 34630, 34631,5, and 34640, and by Part 387 of Tide 49 of the Code of
Federal Regulations.
• This insurance policy covers all vehicles used in conducting the service performed by the insured for which a motor carrier
permit is required whether or not said vehicle is listed in the insurance policy.
• A fully executed endorsement, on a form authorized by the Department of Motor Vehicles (DMV), is attached to the referenced
policy to conform to the requirements of the Motor Carriers of Property Permit Act CVC Section 34600 and following, and the
rules and regulations of the DMV. (This provision does not apply to Workers' Compensation Insurance.)
• For the purposes of Charitable Risk Pool coverage, this policy meets the requirements of the CVC Section 34631 (d)-
• For the purposes of Risk Retention Group coverage, this policy meets the requirements of the Risk Retention Act of 1991,
California Insurance Code Section 125 and following, and is authorized to do business in California,
Insurer agrees to each of the following.-
• This Certificate of Insurance shall not be canceled on less than thirty (30) days notice from the insurer to the DMV and written
on a Notice of Cancellation form authorized by the DMV, and that the thirty (30) day period commences to run from the date
the Notice of Cancellation form was actually received at the office of the California Department of Motor Vehicles, Registration
Operations Division, in Sacramento, California.
• A duplicate original of the referenced policy, a DMV authorized endorsement and all other related endorsements and
documentation, shall be furnished to DMV upon request.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and
CorrecL
-;N � =J 'W`Nz OF LUSURE P'S AJTH OWED REPRESENTArivt
I OM YOUNG
SIGNATURE CIF AU rt.,,0R12EiD qEp;,E_qETAI WE
EXECUTED AT (CfTY AND STATE)
OMAHA, NEBRASKA
Item 9. - 68 HB -162-
Deoarrment o! Building and safety
2000 Main Street
- 0"M
A Huntington,,, 3each, CA 92648 ,
-- '- F�1 7 64'
Phane; 714) 536-51Pax: 4) 3
CERTIFICATE OF OCCUPANCY
Sob Mandic
Mandic [N.4otors Inc,
1;888,1 Gothard St
Hurfingtor, Beach CA 92648
4,ddress:
Permit Plumber:
32001-1r80015
Business name:
eta tiWc N4C 11—ORS
Eusiness Type,
M,—,NG PAND STORAGE
Current Use;
A;ito repair, cowing anc s<_o--agp
Occupant Groups:
Description:
Are—a:—
j,'MCE
4107
Conditions of Approval:
Contacts;
Contact Type;
Name:
3,nb Mlandi-
Prc,ner-v Owner
Address;
1,8881 Gotha,-d St.
City / State:
Huntington Beach
Zip:
92618
,-CaltaCt Type:
N a me:
Bob Mar=
B,,Siriess owner
Address:
-;8881 Gourd Sr
City / State:
Hundng-cn Beach
zip:
92645
Exhibit 4
cer", Nwroal CO20011-009977
Date Printac 05,W,,'20G,5
Issue Date:
06/30/2005
TCofO Issue Date;
03,11 3f2005
7CofO Expiration:
7e,,i7/2005
Approved Sq Ft,o
8,179,00
of Stories:
Occupant Load:
4
-1
CA
CA
Phone:
C714) 536-61=8 5,
Cell:
(714) 272-5488
Pager"
Phone:
(714) 536-654;
cell:
Fax:
Pager:
HB -163-
Item 9. - 69
18,881 GOTYL K D ST
CA 92649
yPER.M IT "E E: RC) ER"i 1) ',,1,,IpI i^ti�'}}dt..
�,✓tw f^1.�r!-. fig: l_a �-.. ;}��Ci+.: l.l�i�„)(li
N-lain Street
Ll;i.i=LI;;Ii BeachCallf?raia 0-6=8
t,C rtu i i 4
F1IRS "EE AF, 7 MEN i RMIT
L ..ue Date: ! . __ :�6 s_
Valid tartii revoked
OF1=C !14-536-6-58
!'CiJLI ;a f€tu" .7 url;ti> r�,t.i,s7 Erc�•i; thefio"i char e�:7itia.
n 10 6 or I :it 11 rn t nw 4
. ilr .' Cc;i7alai, ]"�[FZC:.. hlie' nrUuiwi' co;Y>,t ItiwT _, i!'a;.:r34'ti.Ll: i. i::e i+r �7-open\�. or Io inst '{
;o oS< l:i1•i3C :1);1"ii{t - _ iCr
"liT, .ii2'j"fPitP;; �`:^;SiCE71 <.�r +.3t!ii7!?1CRt .: am of
`.'i?iir:'u`ifCilC) t; ["dlt }CSiails�i.,)n or iaieCl3; ftsLLi i, u�u ` �E 3i:C ;i i ; i isi el, fib'' �e -`- ` . S t t.72 S 1 7T?_ CU tat .. � � `: !7�3". ". !.)dC2iL't 7> i claficd. .]z i9
.1!}N€;i the c:Fc 17:.l?ic
i, ;U11,- : 1,- i— t#h; ;i L'"i;E9 .. t,Ilt i . .
3 r _If is iS7Oa, ii :=i.' {..i ., ..:I ii ;t):Jnd 't'rL IC1 ti�CCf'. i73:.;r ir;:7C ti'�:"
1� tv 'a _ a��< <
,1oe,�_. .�. tst.ialfa;ciznthc�-'Fk:,j;„c=r=0"_;vt�[in�ncs�,�..s�,�i'
i i:.z 2'�:iL,'_:? �'s �;',` .w�.;°: r9v U„r Fi )P+9{!. .,.5�2 ,• '�!'9. '..ti C,:. B..1 %OT L,:.'+.`iii, ?.>
Tio6ccs GC{t .,., ,,.. ,,, rz pl . - - _._, �fs� v, St ;T'', L.t t,�a V's^flit-1�,.
in error t r ftl ti P£;�31It'=Ct c7( :;...]l7�; , _CI_Tt3C)t. e',
,a...l pcgn,L, ;tz', ): „n the hi c;taj 5 Lt _ �te�1 t ; � . ,.i' I Inc..� � '[2tio sic l�i-r ,-nc o b� '"c t . xViC
p " c'_; �3i) .' ti341�;CJlt3.i i?- "".,;;; `p, e "I.:ile i ,'.
s)4t;arnhi.! and rm is -i 3L C,:p2*:i. cpUCtioIt. t:':T ii% i.1j{ I'Cqi1;Y;' fiz.it 31?i l'.
N
{�v`,; d! Lv. $"'i!i`;'ii" v,Y•ii Beach rlr_ EDuu=Cis:+
Item 9. - 70 H B -164-
,EPARTIMENT OF MOTOR VEHICLES
1232 -370C,
i SSS 1 GOTI-11ARLD 'ST
J-,
A 9'
NOTON , FACH, — 6-1 8
I\DIC MOT
) c
S I G 0 T D
A T IN GTON B—, CH. C A 92,64
-c u, "- n c a �: Ot-
w4row.,
MOTOR CARRIER APEWNUT
Vro alid Valid
F10;'3 J,,'2
r1-1 Throuph: !
' CAS: 10141313
-flncoa-�-,:er nxned cr 'nipe-7nit, h.i,'im, maju
ar-
o.- , 4c"O'f"or a pen-n', To r,-,'sate --4 a rw--r
r--t vi,e 1InDrouriuic is ZrLtllted a iti.-nn
o:' 1 tic
T-PORTANT RFN.'1YDER5!!!
I
For Hire
Full Year
no6ct� .20 dx"s xinr ro the
appli< Itivil J1=d, Ole
1MOCe MUS: 1MZJ:3',aiid ThTrIji�'
%!q T- C' C) u-, P�!-I"' 1: 0- SJS�PCTIS!01.� C(-'Uttj ")CCL'r.
U,your uj�
until yot:'
-zer to you"
CAI.-- andl t; pli-u7on f'kv Vernl—
vo,
d
10 1he
%'Our
iler:t- nnziv be subt.:'LiLd on vo
j Urrtne-'%Lf
7, Vou nn�lv jo-xifload forl- -T(-,,m the lwernt�,, !,--ceive +,iaher inn€t,rn'i-iving: 191t— 65%S 15
ReIaY Dnfr'� Hard ofh�'anin'- 'I-1- TD!) 1- hoi.e',: 1 -800- 7 -, 5-2 92 L": f:-oinn Voize
1 -800-733' 5-2922
Public Senfice ',"gc-icy
HB -165-
Item 9. - 71
0
"21.4 CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
Department of Community Development
Code Enforcement Division
TO: Sergeant Julio Mendez, Traffic Bureau
�ROM: Rich Massi, Code Enforcement Supervisor
DATE: March 14, 2018
SUBJECT: Inspection of Police Directed Towing and Storage Service Locations.
The Huntington Beach Police Department requested that Code Enforcement provide an
on -site inspection of the two (2) tow companies that have submitted applications for the
contract schedule to be effective April 1, 2018. Code Enforcement's role was to
determine if any zoning violations exist at the two locations being utilized for the storage
and impound of vehicles. Our findings are as follows:
1. On March 8,2018 at 10:00 a.m. an inspection of Mandic Motors (18881
Gothard St.) was conducted. The inspection revealed no structural or site
changes since the 2012 site inspection. Further, it was found that this location
appears to be in full compliance with all applicable zoning and municipal
codes.
2. On March 14, 2018 at 10: 30 a.m. an inspection of Best Towing Service (7472
Warner Ave.) was conducted. The inspection revealed no structural or site
changes since the 2012 site inspection. Further, it was found that this location
appears to be in full compliance with all applicable zoning and municipal
codes.
If you have any questions or need further clarification, please contact me with the
information provided.
Rich Massi #1008
Code Enforcement Supervisor
City of Huntington Beach
714-375-5155
rmassi@surfcity-hb.org
Cc: Mike Vigliotta, Chief Asst. City Attorney
Kenton Ferrin, Police Lieutenant
Jane James, Interim Director of Community Development
Item 9. - 72 HB -166-
Y OF
NTINGTON BEACH
r'', ,.
2000 MAIN STREET'
PO. BOX 70
March 22, 2018
Mandic Motors, Inc.
Robert Mandic
18881 Gothard Street
Huntington Beach, CA 92648
POLICE DEPARTr'r1ENT
ROBERT HANDY
Chief of Police
CALIFORNIA 926,48
Tel (714) 960-8811
On April 1 St, 2018, Mandic Motors, Inc., was awarded a contract, through a competitive
process, to become Huntington Beach's "Official Police Tow." You and one other
company will be called upon by the Huntington Beach Police Department to tow
vehicles from accidents or other incidents and provide vehicle storage, when officers
request a tow. This selection process was conducted, as required by the Huntington
Beach Municipal Code Chapter 5.66, providing the rules for all persons and businesses
providing nonconsensual police -directed vehicle towing and storage service directed by
the Huntington Beach Police Department in the City.
This letter will serve as your permission to refer to Mandic Motors, Inc., as the
Huntington Beach Police Department's "Official Police Tow" on their property, as per our
contract.
Sincerely,
Robert andy
Chief of Police
HB -167-
Item 9. - 73
HUEACH
Exhibif 3
P'0' Boy, 190
C Q25 -07', 48
4) 5363-5267
'-TY i 'rINGTOW CIEAC", LiCBME, CER'%7'1--A,7 E
Lori Z"rin Farrell Harrison
Glh lh'jidt
ra. !AANV"" ",AOTORS ir-C
N
-H81 GOT' ARr STRFET
��UNTHNGMNBEACH
n -I unt nut— Eusiness Licen6e, noLe Vlai approxirna`--'y " weeks 0,rior to
'V of,
`h'e 'or tha cornino Hof any reason your Te,-.ewal. notice does 10'(
enpay youf businz-'a !:CE"-.tse 2MC'-'W't :);to;, 'c mrai;on date. Late pena`;ip!z avil'! ac(;Fue if
%'ou rl-lusif'arry
tilici'-ensza' �nd 'he i.Cense; 2
ali- any Jhang,,:S -1
cor"&--edl.
ou d i s c o n t i r, k, i e v,) u r u r s s.
--Ur ic:ensed nave listed ;� a: xilont be ofllinte,—s- =n' �s�isiam;e
7"
3e:Tic'n. SC(D'-�7:
iz�, r1e- S
C ffic
pi,--.iS'c cai
POLE) OR DE (FOR DISPLAY
aurie/Servicc- Ack"ress
MOTORS !NC
GC-7HARD
U,NTNGTON GEAC�-,'
pe
N, i 'N"L, 10 1,A (D TO R S I N' C
C"ENSE IS ONLY
- q;: S- r`
-Hc "�,ERSQ.l- TO
VAL
RE
PCST IN.: VIEW
icense Nua-,o,=.
Effective Date 07"'01,12017
Expiradon , laze ji,-,orzo 18
Amount Paid -S t92.25
Item 9. - 74 HB -168-
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachea.gov
Office of the City Clerk
Robin Estanislau, City Clerk
May 14, 2018
Mandic Motors Inc.
Attn: Robert Mandic
18881 Gothard Street
Huntington Beach, CA 92648
Dear Mr. Mandic:
Enclosed is a copy of the fully executed "Agreement between the City of Huntington Beach
and Mandic Motors Inc., for Police Directed Towing and Storage Services."
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand