HomeMy WebLinkAboutContract 28652i �
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CONTRACT FOR TOW TRUCK SERVIi�� ��������� ��
iV�RACi i� .
(TILT BEDIROLL BACK)
WHEREAS, tne City of For� Warth occasiortally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of the City pf Fort Worth,
NOW, THEREFQRE, KNOW ALL BY THESE PRESENTS:
The City of Fo�t Warth, her�inafter referred fo as "City", acting herein by
and through Lib�y Watson, its duly authorized Assistant City Manager, and and
Hiqht Marine Product� Inc., dba Edds Towing, hereinafter referred to as
"Company", actin� herein by and through Lance B. Hiqht, its duly authorized
President, agree as follows:
1.
SERVICES
City hereby cantracts with Company to pravide police pull towing service.
As used herein, "police pull" shall mean that the Fort Worth Police Department
has called Company from the rotation list to eith�r remove a wrecked or disabled
vehicle or to remove a ve�icle in a saf� driving condition, but the owner is nat
present, able or p�rmitt�d to drive or to make authar�zations.
2.
TERM
The initial term of this contract shalf expire on September 30, 2003. ln
additian ta the initial term of this contract, there sha[I be four options to renew for
terms of one year each, unless earlier terminated as hereinafter provided.
Renewal shall accur upon City including in its budget for the options years
5uffiicient funds fio pay for its obligations hereunder and Comp�ny providing praof
of insurance to City. .
3.
COMPENSATION
3.1 Compensation. As com�ensation far providing the services
contemplated by this Cantract, City agrees ta pay Company as fall�pw�,� -� ,
.��.t _ I
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a} Tawaqe. A charge of one hundred twenfy five dallars ($125.00) for towing
such vehicle from one point on a street to another location within the
corporate limits of the city as dir�cted by the police officer at the place where
�he tow originated; such charge includes one-ha{f hour of Extra Work. In the
event Company responds to the scene af a pafice pull with a tilt bedlroll back
truck when the �alice pull coufd have �een accomplished w�th a standard tow
truck, Company shall b� entitl�d to th� r�duc�d charge of One hun�red
doliars {$�Q0.00).
l�) Second tow vehicle. ln the event the palice officer at the scene determines
that a standard tow vehicle is required in addition #o the tilt bedlroll back
truck, a charge of Or�e hundre� Dollars ($10a.00} per hour, with a minimum
charge of ane hour, billed in increments of fifteen (15) minutes while at the
scene of the pol�ce pull. A police supervisor shall a�prove the use of a
second tow truck. Travel time is excluded.
c} Exira work. An additional charge of �ne hundred dallars {$10a.D0) per
hour, with a minimum charg� of one hour, charged in increments of fifteen
(15} minutes, for removing vehicles that are off �1�e street right-of-way, such
c�arge to be made from the fime the aperator begins to remove tl�e vehicfe
until it is an the travel�d portion of the street. Even though the vehicle is
within the street right-of-way, an additional charge may be made if the vehicle
is locafed in some unusual condition wifhin the right-of-way, such as, but not
limited to, a riv�r or a creek bed or a difch of greater �epth than the ordinary
bar ditch. Extra work shall only be allowed when author[zed by a police officer
at the scene of th� pull. The charges for such extra work shall be re�iewed
and approved by th� Auto Pound Wrecker Administrator. Extra work
excludes travel time, waifing time, and clean-up time.
d) Handlinq hazardous materials, When fhe cargo of any mator vehicle or
trailer includes explosive, nucl�ar, radioactiv�, haza�dous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Deparim�nt of Transporta�ia�, ar the Texas Cammission on Environmental
Quality, a fee equal to one hundred-fifty (150) percent of the char�es
Til[ Wrecker 2
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permitted under subparagrapY� "a" abave. In addition, a charge may be made
for expense;s incurred relaf�d to protective clothing and any other supplies or
equipment used in handling such materia{s, such charge being equal to the
actual amounts incurr�d plus fifteen (15} percent.
e) Nothing contained herein shall be canstrue� sa as to obligate City to expend
any sums of money except for work actually performed. Furt�er, nothing
cantained herein shall be construed so as to guarantee that City will contact
Compa�y far any towin� service conterr7plated by this Contract.
3.2 InvoicEnq and Payment. Company shall Invoice City once per month.
Campany sh�ll include with the invoice such documents as may be reasonably
requested to provide evidence of the services provided to the City, which ai a
minimum shall include copies af tne wrecker se�ection form signed by the officer
at th� scene of fhe police puil andlor �ersonnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and appro�al ofi appropriate City
personnel. City shall remit payment to Compar�y not more fhan tnirty (30} days
following approval af invoice.
3.3 Compensation Review. City shall r�view on an annual basis the
campensation provided for hereunder, with the first such review to be conducted
during the manth of August 2003. Similar reviews shall occur in A�gust of each
succeeding year that th�s confracf is in effect. City shall make adjustmer�ts in the
compensation based upon increases or decreases in the co�t of doing business,
taking into consideration fuel, insurance, labar, and such other costs as may be
relevant to the operation of a towing b�siness.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall ma]ntain at a!I times the fallowing veh[c[es and equipmen#
in working condition:
a} A minimum af one �1) tilt bedlroll back dual rear wheel wrecker rated at not
Isss than 14,000 pounds gross vehicle weight.
b) At a minimum, all wrec�c�rs shall be equipped with �he foUpwing equipment,
which at al! times shall be maintained in working arder:
"CIIC WreClceT 3
P�ge 3 Of 12
1)
2)
3)
�} )
5)
6)
7)
8)
9}
10)
11)
12)
�3)
14)
15}
Taw bar
Towing lign�s
Emergency overhead warnin� lights {red or amber color only)
5afety chain
Fire extinguisE�er, A.B.C. Type
Wr�cking bar
Broam
Ax
Shovel
Reflectors ar traffic cones
Trash container
Tw� way vaice ar computer communicatian between tow truck and
Com�any dispatcher
Backing warning signals
Wheel chocks
Traffic cones
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Co�e, section fi42.Q02. In addition, eacf� wrecker shall provide
Notice of Complaint Procedures fo the owner of a towed vehicle as outlined by
th� T�;xas Depar�ment of Transportation Rules and RegUlations as contained in
43 Texas Administrativ� Code, Chapter 18, subchapter 18.89, as same may be
amended from time ta time.
d) Each tow truck and the requir�d equipment sha[I �e ir�spected by the Chief of
Police or his authorized designee prior to b�ing used for services contemplated
by this contract. fn addition, each tow truck and th� required e�uipment shall be
subject to intermittent inspection to assure compliance with this contract.
Till wrecker
hage 4 Qf 12
4
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7
5.
INSURANCE REQUIREMENTS
Campany shall mainfain insurance of the following types and amounts from
insurers acceptable to the City:
5.1 Commercial General Liabilify
$500,000 each occurrence
$500,Q00 aggregate
or
Garage Liabilify
$500,000 each accident, other than auto
$SQQ,D00 aggregate
5.2 Automobile Liabi[ity
$SQQ,OOQ each accident, combined single limit
This coverage shall include all �ehicles owned or non-owned that ar�
operating under Company's operating aufhority.
5.3 CargolOn�Haol�
$3p,000 per unit
Coverage shall include both the unit being towed and ifs contents.
Un�ts covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a dir�ct primary
basis.
5.4 GARAGEK��P�R'S LIABI�ITY
$30,a00 per unit
5.5 Worker's CompensationlAccident lnsurance
Coverage shall meet the minimum requirements of state law as con-
tained in the Motar Carrier Rules and Regulations,
5.6 Current insurance certificates shall remain on file with the City during th�
term of this Contract. [nsurance coverage may, at the sole discretion of the Ciiy,
be revised upward upon thirty (3D} days prior written notice to Company. Polici�s
shall be endorsed as follows:
Till Wre�ker 5
Page S af l2
a) The City, its officers, employees and servants shall be endorsed as an
additianal insured on all policies except em�loyer's liability insurance
co�erage under the workers' compensation insurance policy.
�) Certificafes of insuranc� shall b� deliv�r�d to the supervisor of the City of
For� Worth Auto Pound, 1301 E. Narthside Drive, Fort Worth, TX 7F102,
prior to any work being performed ur�der this contract.
c} Any failure on �art of the City to request required insurance
documentation shall not cansfiitute a waiver ofi the insurance requireme�ts
specified herein.
d} Each insurance policy sha11 be endorsed to provide the City a minimum
thirty days notice of cancellatian, nan-renewal, andlor material change in
policy ferms or coverage. A ten days notice shall be acceptable i� fhe
event of non-payment of premium.
e} Insurers must be authorized to do business in the Sfate of Texas and
have a current A.M. Best rating of A: VII or equiv�alent measure of financial
strength and solvency.
f) Deductibla limits, or se�f-funded ret�ntion limits, on each poiicy must not
exceed $10,000.00 per occurrence unless otherwise appro�ed by the City.
g} Other than worker's compensatian insurance, in lieu of traditional insurance,
City may cor�sider alternative coverage or rislc treatment measures through
insurance pools or risk retention graups. The City must approve in writing
any afternative coverage.
F�) Warkers' campensation insurance policy(s) covering employees shall be
endorsed witi� a waiver of subr�gafion providing rights of recovery in favor
of the City.
i} City shall not be responsible for ihe direct payment of insurance �remium
costs.
j} Insurance policies shall each be endorsed to provide that such insurance
is primary profection and any seff-fUnded or commercial coverage
maintain�d �y City shall not be callsd upon to contribute to loss recov�ry.
Tilt Wrccl<cr
]'age G oF l2
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DUTI�S AND RESPONSIBILITIES 4F COMPANY
k) Corr�pany shall report, in a timely manner, to City's officially designated
contract administrator any knawn loss occurrence which coufd give rise to
a liability elaim or lawsuit or which could result in a property loss.
I) Campany's liability shall not be limifed ta the specified amounts of
ir�surance required herein.
m) Upon fhe request of City, Company shall pra�ide complete copies of all
insUrance policies required by these contract documents.
5.7 In the event a state or federal law, rule or regulatio� pertaining to wrecker
service companies operating wit�in the State of Texas exceed insurar�ce
requirements s�ecified herein, such state or federal law, rule ar regulation shall
prevail for the respective ty�e of insurance coverage andlar limit thereof.
Company, d�ring the term of this contract, shall perfarm the follawing duties
and have ihe following responsibilities:
a) Maintain as its primary business th�: towing of vehicles or trailers by
wreckers meeting the requirements of para�raphs 4(a) and 4(b} abo��.
"Primary business° shal{ mean that Company receives more than fifty per-
cent (50%) of it gross revenues fram the towing of vehicles and trailers. All
of company's recards shall be o�en to reasonable inspection, both at the
time of execution of this agreement and at any time during the term hereof,
to verify compliance with this condition.
b) Maintain a currently licensed vehicle sto�age facility lacated within the
corporate limits of tne City. "V�hicle storage #acility" shall mean a facility
operated by a person under Article 6687-9a, Revised Stafut�s.
c) Mainfain business operation twenty-four (2�) E�ours a day, seven days �er
we�k.
d) Respond to all calls contemplated by this contract within thirty (3D) minufes
of notification, except in extraardinary situations where delay is caused by
ic�, snow, or ofh�r weather related conditions. In the event Com�any fails to
'filt Wredcer
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7
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respond as required, City may notify another wrecker company and
Company shall nof be enti�led to the compensation to which it would have
been entitled had it arr�ved timely.
e) Maintain on file with the City the name of the owner, president or chief
executive officer, business address and felephone number; further
Company shall natify the Ciiy of any c�ange of ownership, president or
chief execufive officer, ar change of address within five (5) business days of
any such change.
f) Deliver th� motor vehicls being towed to the location within the corporat�
limits of City �esignat�d by the pofice afficer at the scer�e of the pull.
Delivery shall be made wifhout d�lay or detour.
g) Fully cooperate with any investigation conducted by the City regarding
comp[aints a�ainst Company, whether or not such comp[aints arise aut of
servic�s eontemplated by this Contract.
h) 5hall not became delinquent in the paymenf of any taxes du� to City,
i) Shall nat go to any accidenf scene unless the Company ha� been called ta
the scene by the owner or operatflr of a vehicle or an authorized
representative of same, or by the City.
j) Completely remo�e all debris r�sufting from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by mer�ly sweeping it to the curbline.
k) 5hall not solicit any wrecker business within the corporate limits of Gity at
the scene of a wrecke� or disabled v�hicle, regard[ess of whether the
solicitation is for fhe purpose of so[iciting the business of towing, repairing,
wrecking, storing, trading, ar purchasing the vehicle.
l) Shall only empfoy driv�rs of tow trucks authorized to operate same.
m)Provide the Police Pound personnel with an ir►voice at the time the vehide
is d�livered ta th� Auta Pound fogether with tt�e signed wrecker selectian
farm to b� provided.
Tilt Wrecker
Pa�e 8 01' l2
0
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TERMINATIDN AND SUSPENSION
7.1 This contract may be terminated or suspended by the City for any of the
fiollowing causes:
a) Violation of any term or condition specified in this contract.
b} Failure to notify the Communications Division of the Police Department
within fifte�n �15} minutes from th� tim� of notification if the Company will
be unable to respond within tne thir�y (30) minut�s allotted for a response to
a wr�cker call.
c) Permitting a tow truck fo be o�erated by anyone while under the influence
of alcohol andlor drugs.
d) Permitting a tov� truck to be operated by anyone whose operator's license
is suspended.
e} Transferring or assigning any call for service to any other company
f) Any sustained complaint of theft by personnel of Company while acfing in
their capacify as employees of Company, whether occurring durin� a police
pull or otherwise.
g) Any sustained complaint of threa�s made by personnel of #he Company
while acfing in their capacity as employ�es of Company made against fhird
parties during a police pull or otherwise.
h) Failing to comply with all directions of police personne! ai th� scene af a
police pul[ or civilian or �ofice personnel at the Police Auto Pound.
Company may request a police supervisor to validate any such direction
given.
i) Failure to comply with any state ar federal law ar city ordinance related to
the operation of a wrecker company.
j) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall
mean Company failing to notify the City of its inability to respond to a
request for service as required by paragraph 2 above.
Till Wrecicer
P�ge 9 pf 12
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k) Ten (1 d) passes within a t�irky (30) day period. Pass in this paragraph
shall m�an a Company not�fying the City of its inabilify to respond to a
request for service as required by paragraph 2 above.
I) Viofation of any rule or regulation contained in Exhibit "A" at�ached hereto.
7.2 City shall notify Campany in writing of its intent to terminate or suspend for
cause twenty (20) days prior to such suspension or termination. Gomp�ny shall
have the right to request a hearing before the Chi�f o� Pofice or his designee
regarding the intent ta terminate or sus�end for cause by requesting a hearing in
writing within five {5) business days after receipt of notice of intent to terminate or
suspend. A hearing shall be conducted within fif�een (15) days of the request for
hearing. The City, in its so�e discretion, may temporarily suspend this contract
�uring any appeals process.
7.3 In t�e event this contract is suspended for cause, the suspension shall �e
for a period of time of not less than six (6) months nor more fhan tw�lve (12)
mor�ths.
7.� In the event City suspends or terminates this contract far cause, and the
cause for such suspension or termination is determined to be invafi�, Company's
sole remedy shall be �einstatement of this contract. Company expressly waives
any and all rights io monetary damages, including �ut not limited fo actual and
punitive damages, court costs and attorney's �ees.
S.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Customer
agree fhat they sha{l be salely and excl�asively liable for the ne�ligence of its own
agents, servants, subcontractors and em��ayees and that neither par�y shall look
ta the other party to sav� or hold it harmless for tne consequences of any
negligence on the part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be canstrued to be a waiver by City of
any right of protecfion that it enjoys �ander applicable State or Fe�aral law.
Tilt Wrecker
I'age Ifl of 12
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ASSIGNMENT
Company shall not assign, transfer or su�let this Contrac# or any portion
hereaf ta any party without the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract shall be void and shal! operate as a termination �ereof.
�0.
ZONES AND R�TATION LIST
A. City shall divide the city into four (4) zones that shall corr�spond to the four
(4) patrol divisions, Company shall be assigned to th_e zone or an adjacent zone in
which it maintains its principal place of business.
B. C�ty shall create a rotation list withir� each of the four (4} zones that will
dictate the order in which wrecker compar�ies are contacted.
C. City may request Company to conduct a poliee pull within any zon�, and
Company agrees to use its best efforts ta arrive at the scene of the polic� pull
within thirty (3fl) minutes.
11.
INDEPENDENT CONTRACTOR
It is und�rstood and agreed by the parties hereto tnat Company shall
perform all work and s�rvic�s heretander as ar� inde�endent contractor, and not as
an officer, agent, servant or employee of the City. Company shall have exclusive
control of and the exclusive right to control the details of the work or service to be
perForm�d hercund�r, and all persons performing same on behalf of Company,
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcantractors, licensees and invitees. The
doctrine of respondeat superior shall nof apply as between the City and Company,
its officers, agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint venfure
betw�een the parties hereto,
In witness where f the par�ies hereto have executed this Contract on the
I 3�� a�y a� _, 20�3. .
Till Wrecker
Page I 1 of 12
I1
ATTES7�: —
� ,{ � -
' . f�G� L-.�,- ; � � .,
G�loria Pears�n
City Secretary
CITY �F'FORT WQ1�fH
' �. Bw ,,�; �� _.
.�ibby 11�'�son
Assistant City Manager
APPROVED AS T� �ORM
AND LEGALITY
'�_�._
Assisfant City Attorney
ATTEST:
Corporate Secretary
'I'ilt Wrecl<er
���� ia or iz
J ��� �� -�-._.�,,
:;,,ntr� t Authvrix�tian
�� � � �
.,._.� . � � >� --�-----�-�
: I '�. k;:
Hiahi Marine Producis
Inc., dba Edds Towinq
(Compan ame)
By:
La e B. Hight, Presid nt
�2
� �_�_ � � ` N. �1
����;}u:�l ��t���t���:�
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�x�r��r� �.
AiJ�'O POLT�d]�
Tl�e follawing rules nnd i•eguiatians wi11 be followed by ALL Wrecker Comp�nies
upo�i arrival at tlie Auto Pound.
1. The entry gat� vc+ill not be blociced by wrecicers waiting to enter or exit the Auto
Pot��ld,
2. No wrecker sllall eiltez- the Auto Pound with ir�ore thail one (1) person/o�erator,
ui�less aiitllorized Uy the oil duty shift supeivisor. This will be done on a case by
case Gasis.
3. For safety re�sons, a Car Carrier will be reqLuired to off load their car�o wl�en
possiUle, This shall be detei-�nined by the on duty supervisor.
4, Iiiventories sl�ould be handied in an expeditious manzle�- wlien passible. However,
Auto Pouz�d persoiulel are req�.iired to do a complete aild �recise inventoiy of alI
property and vehicles. A specific tin�e fraine would be impossible ta institute.
5. No wrecker driver/operator will assisi with any uiventory being canducted by
A«to Pound perso�7i�e1.
6. The us� of Car Carri�rs, extra time, exira equipinei�t, efc., shall be subject to
approvaj Uy tl�e Wrecl��r Administrator or Auto Pol�nd Supervisor.
7. Wrecicer clrivers/operators/owiiers shall be req�ired to follow a�1y directions ar
i��structions give�� by Auto Pound persaiu�el.
$, �7recicer Company Owners shall assist and comply wi�h a�iy investigation
perfornled by Auto Pound persoru�el or tl�e Fort �7L1orth Poliee Department in
i,ega�-ds fio their campany, driuer, operator and or business without hesitation.
9. Violations of any of the above rules shall be sul�jeci to review by tlie Vi�recicer
Adiliinistrator or Auto Potulc� Super�isor.
TI�e A�,ito POillld SlI�eYV1501' or a l�igher level of corrr�nand may detei•mine
disciplinary actioil up to and ineluding terinination of coilti-act.
�`ity of ' �ori �o�th, T'eacr�s
���� ��d ��u�c�i� �,�����������n
DATE REFERENCE NUMBER LOG NAME PAGE
418/03 �o� g��� 35TOWS � 1 of 2
SUBJECT SLJPPLEMENTAL APPROPRIATION ORDINANCE AND C4NTRACTS FOR NON-
CONSEIVT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORD�NANCE F�R THE POLICE DEPARTMENT
RECOMMENDATION:
it is recornmended that the City Council:
�. Auth.arize contracts for Police Department requested non-cansent towing of wrecked or abar�doned
vehicles fram. multiple vendars as required �by.Sectia�n 34-1-89 of the Code of the City af Fart WortF�
{1986), as amended; and
2. Aut�orize the contracts to begin April 8, 20Q3, and expire Septem�er 3a, 2003, with optior�s to
rer�ew for faur addifional ane-year periods; and
3. Adopt the attached suppl�mental appropriation ordinance increasing estimated receipts and
appropriations by $446,944 in the General Fund from a�ailable funds.
DfSCUSSI4N:
Section 34-181 of the Code af the City of Fort Worth (1986), as amended, required that all {�ofice
department, non-consent tows, shall be undertaken pursuant ta contract, specifically executed between
the City and a wrecker campany. The Public Safety Committee extensively reviewed the new rates and
unanimously approved fhis recammen�aiion an March 25, 20Q3.
There are �hree types of contracts and rates as follows:
• Standard tow trucks $10a
• Tilt bedlrollbac� #ow trucks $125
� Tandem tawtrucks $�80
Contracts will be executed with any vEndor desiring to perForm non-cons�nt tows for the I'al�ce
Departmeni, if they meet the contract requirements such as towing operatians being the vendors
primary busin�ss, equipment specificatic�ns, insurance, and a locally licensed storage facility.
Th� fees for �ervices to be provided and assignment to one of four zones are fhe same as contained by
City Code. The estimated expenditure for th�se S�NiC@5 is $1.8 millio� per year including the
anticipat�d incr�ase (of $446,944) for the remainder of the fiscal year based or� the revised rates. This
increase will be ofFset by re�enue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to four suecessive one-year terms at
�h� City's option. This action does nat require specific City Co�ncil approval provided ihe City CauncFl
�ity of ' �o�t i�ort�t, T'exas
� �� �n� �i����l �r�r����c�t7�r� �
� � '� �
DATE R�F'�1�ENCE NUMBER LOG NAME F'AGE
4/8103 �m� �544 � 35TOW5 � 2 of 2
�llBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FaR N�N-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VEND�RS REQIJIR�D BY ClTY ORDWANCE FOR THE P�L.ICE DEPARTMENT
has appropriated sufficient funds to sat�sfjr the City's obligation during the renewal term.
FISCAL INFORMATIONICERTIF'ICATION:
T�e �inance Director certifies that upan appro�al and completion of the aba�e recommendations and
the adoption of the attached su�plemental appr�pr�ation nrdinance, funds will be a�ailable in the current
aperating budget, as appropriated, of the General Fund.
LW:r
Su6mitted for City Manager's
Office 6y:
� �'UND
� (to)
� GG01
6183 � GG�1
�
483$6 I (from)
GG01
�
78262 I
ACCOUNT I CER'TER
539420 0353443
462624 03534�3
AMOUNT
$448,944.Q0 �
$446,944.00 �
Libby Watson
Originating Department Head:
Ralpli Mendaza
Addiiional Information Contact:
Susan Alanis
CITY SECRETARY
� APYI20VED 44I08/03
539120 03534�3 $446,944.00 � ORD.# 15517
�
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