HomeMy WebLinkAboutContract 28592,. „
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CQNI�,'�'T��C�k TOW TRUCK SERVICE
(TILT BEDIROLL BACK}
WHEREAS, the City of Fort Worth occasionally r�q�ires the services of
tow trUcks; and
WHEREAS, such taw truck servic�s are necessary to protect the safety of
�he citizens of the City of �ort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Wor�h, hereinafter referred to as "City", acting herein by
and through Li�by Watson, its duly authorized Assistant City Manager, and
Hankins Enter�rises Inc. dba A-1 Wr�cker Services , hereinafter referred ta as
"Company", acting herein by and fhrough ❑annv Hankins , its duly authorized
President , agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing service.
As used herein, "palice pull" shali mean that the Fort Worth Polic� Department
has called Company from t�e ro#ation list to �ither remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving condition, but the owner is not
present, able or permitted to drive or to make authorizations.
2.
TERM
The initial term af this cantract snall expire on September 30, 2Q03. In
addition to the initial fierm of this contract, there shall be four options to renew for
terms of one year each, unless earlier terminated as hereinaffer provided.
Renewal shall occur upan City including in its budget for the ap#ions years
sufficier�t funds to pay for its obligat�ons hereunder and Company �roviding proof
af insurance to City.
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COMPENSATI�N
3.1 Compensatian. As comp�nsafion for providing _the servic�
contemplated by this Contract, City agrees to pay Company as fol�o��;
,
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a) Towac�e. A charge of one h�ndred twenty five dollars {$�25.00) for towing
such vehicle from one point on a street to another location within the
corporate limits of the city as directed by the pa[ice officer at the place where
tl�e tow originafied, such cY�arge includes one-half hour of Extra Work. In the
event Company responds ta the scene of a�olice }�ull with a tilt bedlroll back
truck when the police pull could have been accomplished with a standard tow
truck, Company shall be entitled to t�e reduced charge of One �undred
dollars ($100.00).
b) Second tow vehicle. ln the event the police officer at the scene det�rmines
that a standard tow �ehicle is require� in addition to the tilt bedlroll back
fruck, a charge of One hundred Dollars ($100.00} per hour, with a minimum
charge of one hour, billed in increments of fifteen {� 5) minu#es while at the
scene of the police pull. A police supervisor shall approve the use of a
second tow truck. Tra�el time is excluded.
c} Extra work. An additional cnarge of One nun�red dollars ($1 a0.00) per
no�ar, with a minimum charge of one haur, charged in increments of fifteen
(15) minutes, for removing vehicles that are off the street right-of-way, such
charge to be made from t�e time the operator begins to remo�e the vehicle
until it is on the tra�eled portion af the street. E�en though the �ehicle is
within th� s�r�et rig�f-of-way, an additia�al charge may be made if the vehicle
is located in some unusua[ condition within the right-of-way, such as, but not
limited to, a r�ver or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shalf on{y be allowed when authorized by a police officer
at the scene of the pu11. The charges for such extra wark shall be reviewed
and ap�roved by the Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean-up time.
d) Handlinq hazardous materials. When the eargo of any motor vehicle or
trailer includ�s explasive, nudear, radioactive, hazardous or corrosive
materials, as defined by fhe Environmental Protection Agency, Texas
Department of Transportation, or the Texas Commission on Environmenta!
Quality, a fee equal to one hundred-fifty (150) percent of the charges
Tilt Wrecker 2
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permit#ed under subparagraph "a" abo�e. 1n addition, a charge may be made
for expenses incurred refated to pro�ective clothing and any other supplies or
equipment used in handling sUch materials, such charge being equal to the
actual amounts incurred plus fifteen (15} percent.
e) Nothing cantained herein shall be construed sa as to obligate City to expend
any sums of money excepf far wark actually performed. Further, nothing
contained herein sh�all be construed so as to guarantee that City will contact
Company for any towing service contemplated by this Contract.
3.2 Invoicinq and Payment. Company shall lnvoic� City once per manth,
Company shall include with the invoice such documents as may be reasonably
requested to provide evid�nc� of the ser�ices provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by the officer
at the scene of the police pull andlor personnel at �he Fort Workh Auto Pound.
Such invoice shall be sub�ect to the review and approval of appropria#� City
persannel, City shall remit payment to Company not more than thirty �3Q) days
following approval of invoice.
3.3 Compensation Review. City shall review on an annual basis the
compensation provided for hereunder, wifh the first such review ta be conducted
during the manth of Augusf 2003. Similar reviews shall occ�r in August of each
succesding year that tnis contract is in effect. City shall make adj�stments in the
compensatian based upon increases ar decreases in the cost of doing business,
taking into consideration fiuel, insurance, (abor, and such other costs as may be
relevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUlREMENTS
Company shall maintain at all times the folEowir�g vehicles and equipment
in working condifion:
a) A minimum af ane (1 } tilt bedlroll back dual rear wheal wrecker rated at no#
less than 14,000 pounds gross vehicle weight.
bj At a minimum, aU wrackers shall be equipped with the fallowing equipment,
which at all times shall be maintained in working order:
Tilt Wrecker 3
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1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Tow bar
Towing lights
Emergency averhead warning lights {red ar amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shove;l
Reffectors ar traffic cones
Trash container
Two way voice or camputer communication befween tow truck and
Cam�any dispaficher
Backing warning signals
Wheel chocks
Traffic cones
c} Each wrecker shall have the identifying markings required by th� Texas
Transpor�ation Code, section 642.Q�2. ln addition, each wrecker shall provide
Notice of Complaint Procedures ta the owner of a towed vehicfe as o�tlined by
the Texas Departm�nt of Transportation Rules and Regulations as contained in
43 Texas Admi�istrati�e Code, Chapter 18, subchapter 18.89, as same may be
amended from time fo time.
d} Each tow truck and the required equipment shall be inspected by the Chief of
Police or his authorized designee prior to being used for services cantemplated
by this contract. In addition, each tow truck and the required equipment shall be
subject �o int�rmittent inspection to assUre compliance with this contraci.
"!'ilt Wrecker �
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5.
1N5URANCE REQUIREMENTS
Company shall main#ain insurance of the follawing types and amounts from
insurers acceptable to the City:
5.1 Commercial Genera[ �iabi�i#y
or
$5Q0,000 each occurrence
$�a0,OQ0 aggregate
Garage Liability
$500,000 each accident, other than auto
$�OO,p00 aggregate
5.2 Automobile Liahility
$500,OD0 each accident, eombin�d sing[e limit
This coverage shall include all vehic[es owned or non-owned thaf are
operating under Company's operating authority.
5.3 CargolOnoHook
$3Q,000 per unit
Coverage shall include both the unit being towed and its contents.
Units covered sha[I include but not be Iimited to motor vehicles,
trailers and boats. Co�erage shall be written on a direCt primary
basis.
5.4 �ARAGEK��P�R'S LIABI�I�Y
$3a,D0a per unit
5.5 Wor�ter's CompensationlAccident �nsurance
Coverage shall meet the minimum requirements of state law as con-
tained in the Motor Carrier R�les and ReguEations.
5.6 Current insuranc� cer�ificates sha[I remain on file with the City during the
term of this Contract. Insurance coverage may, at the sole discretian of the City,
be revised upward upan thirty �30) days prior written notice to Company. Policies
shall be endorsed as fallaws:
Ti�t Wrecker 5
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a) The City, its officers, employees and servants shall be ertdorsed as an
additional insured on all palicies excepf employer's liability insurance
coverage under the workers' camper�satian insurance policy.
b) Certificates of insurance shall be d�li�ered �o the supervisor of th� Cify of
�ort Worth Aufo Pound, 1301 E. Northside Drive, Fort Worth, TX 76102,
�rior to any work b�ing perForm�d under this contract.
c) Any failure on part of th� City to requ�st requir�d insurance
documentation shall not canstitufe a wai�er of the insurance requirements
specified herein.
d) Each insurance policy sha11 be endorsed fo provid� the City a minimum
thirty days notice of cancellation, non-renewal, andlor material change in
palicy terms or coverage. A ten days notice shall be acceptable in the
event of non-payment of premium.
e) lnsurers must be authorized to do business in the State of Texas and
ha�e a current A.M. Best rating of A: VII or equivalent measure of financial
str�ngth and solv�ncy.
f) Deductible limits, or self-funded r�tention limits, on eact� policy must not
exceed $� O,Q00.00 per occurrence unless otherwise approved by the City.
g) Other than_worker's compensation insurance, in Ii�U of traditional insurance,
City may consider alternative coverag� or risk trea#menf ineasures through
insurance pools ar risk retenfion groups. The City must approve in writing
any alternative coverage.
h) Workers' compensation insurance policy(s) co�ering employees shall �e
endors�d with a waiver af subrogatior� providing rights ofi recovery in favor
ofi the City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) Insuranc� policies shall each be endorsed to provide thafi such insurance
is primary protection and any se[f-fun�ed or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Ti][ Wrecker
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k) Company shall report, in a timely manner, to City's officially designat�d
con#ract administrator any known loss occurrence which could gi�e rise to
a liability claim or lawsuit or which cou�d result in a property loss.
I) Company's liability shall not be limited to the specif�ed amounts of
insurance required herein.
m} Upon the requesfi of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
5.7 In the evenfi a state or federal law, rule or regulation pertaining to wrecfcer
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulation shall
prevail for the respective type of insurance coverage andlor limit thereof.
6. -
DUT{ES AND RESPONSIBILITIES OF COMPANY
Company, during ihe term of this contract, shall perform the following duties
and have the following responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting the re�uirements ofi paragraphs 4{a) and 4(f�) above.
"Primary business" shafl mean that Company receives more than fifty per-
cent �5Q%) of it gross revenues from the towing of vehicles and trailers. All
of company's records shall be open to reasonable inspection, �oth at the
time of execution ofi this agreemenf and at any time during the term hereof,
to verify compliance with this condition.
b} Maintain a currently licensed vehicle starage facility iocated within the
corporate limits of the City. "Vehicle storage facility" shall mean a facility
aperated by a person under Artic[e 6687-9a, Revised Statutes,
c} Maintain business operation twenty=four (24) hours a day, seven days per
week.
d} Respond to all calls contemplated by this contract within thirty (30) minutes
af notification, except in extraardinary situations where delay is caused �y
ice, snow, or ofiher weather related conditions. In the event Company fails to
Tilt Wreciccr 7
Page 7 of l2
respond as required, City may notify anather wrecker com�any and
Company shall nat be entifl�d to the compensation to which it woul� have
been entitled had it arrived timely.
e) Maintain an file with the Cify t�e name of the owner, president or chief
�xecutive officer, business address and telephane number; further
Company sha11 notify the City of any change of ownership, president or
chief executive officer, or change of address within five (5) business days of
any such change.
f) Deli�er the motor vehicle being towed to the locatian within the corporate
limifs of City designated by the police afficer at the scene ofi the puli.
Delivery shall be made wifihout delay or detour.
g) Fully cooperate wi�h any investigafiion conducted by fhe City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contrac�.
h} Shall not become delinquent in th� payment of any �axes �ue to City.
i) Shal[ not go to any accid�nt scene un�ess �he Company has �een called to
the scene by the own�r or operator of a vehicle or .an authorized
representative of same, or by the City.
j) Completely remove all debris resulting from any accident fo which the
Company is respanding. Remo�al of debris shall not be considered
complete by merely sweeping it to the curbline.
k} Shall not solicit any wrecker business within the corparate limits of City at
th� scene of a wrecked or disab�ed vehicle, regarcfless of whether the
solicitation is for fhe purpose of soliciting the business of towing, repairing,
wrecking, storing, tradir�g, or purchasing the vehicle.
l) Shall only employ drivers of tow trucks authorized to operate same.
m)Provide the Police Pour�d personnel with an irtvoice af the time the �ehicle
is delivered to the Auto Pound tag�ther with the signed wrecker selection
form to be provided.
"r;lt wrecker �
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TERMINATION AND SUSPENSION
7,1 This contract may b� t�rminated or suspended by the City for any ofi the
fallowing causes:
a) Violation of any t�rm or condition specified in this contract.
b) �ailure to notify the Communications Division ofi the Po[ice Department
within fifte�n (15) minutes from the time of notification if the Company will
be unable to r�spond within the thirty (30) minutes allotted for a response to
a wrecker call.
c) Permitting a tow truck to be operated by anyone while under ihe influence
ofi alcohol andlor drugs.
d) Permitting a tow truck fa be opera#ed by anyone w�ose operator's ficense
is suspended.
e) Transferring or assigning any call for s�rvice to any other company
f) Any sustained comp[aint of theft by p�rsonnel of Compar�y while acting in
their capacity as employees of Company, whether occurring during a police
pull or otherwise.
g} Any sustained complaint of threats made by personnel of the Company
w�ile acting in their capacity as employees of Company made against third
parties during a police pull or otY�erwise.
h) Failing to comply with all directions of police personnel at the scene af a
police pull or civilian or police personnel at the Po[ice Auto Pound.
Company may request a police supervisor to validate any such direction
given.
i} Failure to comply with any state or federal law or city Qrdinance related to
the operafion of a wrec�Cer company.
j) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall
mean Company failing to notify the City c�f its inability to respond to a
reguest for service as required by paragraph 2 above.
Tilt wrccl<er C�
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k} Ten (10) passes within a tnirty (30) day period. Pass in this paragraph
shaEl mear� a Company notifying the City of its inability to respond to a
requesi for service as required by paragrapt� 2 above.
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Compa�y in writing of its intent to ferminate or s�spend for
cause twenty (20) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Police or his designee
regardin� the intent fa terminate or suspend for cause by requesting a hearing in
writing within fiv� (5) business days after receipt of notice of int�nt to terminate or
sus�end. A hearing shall be conducted within fifteen (15) days of the request for
hearing. The Cit7�, in It5 50I� discretion, may temporarily suspend this contract
durin� any appeals process.
7.3 In the e�ent this contract is suspend�d for cause, the; suspension shall be
for a period of time of not �ess than six (6) months nor more #han twelve (12)
months.
7.4 �n the event City suspends or terminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement af this contraet. Company expressly waiv�s
any and all righ�s to mor�etary damages, including bufi not limited to actual and
pur�itive damag�s, court costs ar�d attarney's fees.
8,
INDEMNIFICATION
With regard to any liability which mighf arise hereunder, City and Cusfomer
agree that they shall be solely and exclusively liable for the negligence of its own
agents, servants, subcontractors and employees and that neith�r par�y shall laok
to the other party to save o�- hold it harmless for th� consequsnces of any
negligence on the part of one of its own agent, servant, subcontractor or
emplayee. Nathin� contained herein shall be construed to be a waiver by City of
any right af prptection that it enjoys under a�plicable State or Federal law.
Tilt Wrecker ip
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ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party withaut tl�e prior written consent of City that shall nof be
unreasonably withheld. Any such assignment, transfer or sublet�ing of this
Contracf shall be void and sY�a1l operate as a terminaiion hereof.
10.
ZONES AND ROTATION L�IST
A. City shall �ivide the city into four (4) zones that shall corr�spond to th� four
(4) patrol divisions. Company sha[] be assigned to the zone or an adjacent zo�e in
whicn it maintains its principal place of business.
B. City shall create a ratation list within �ach of the four (4) zones that will
dictate fhe order in which wrecker companies are confacted.
C. City may request Company to conduct a police pul[ witnin any zone, and
Company agrees ta use its best effo�ts to arrive at the scene of the police pu[I
within thirty (30} minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall
perform al[ work and services hereunder as an independen# contractor, and not as
an officer; agent, servant or employee of khe City. Company shall have exclusive
control of and the exclusiv� righf to control the details of the work or service to be
performed h�reunder, and all persons per�orming same on behalf of Company,
and shall be solely responsible for the acts and omissions of ifs officers, ag�nts,
servants, employees,� contractors, subcontractars, licensees and in�itees. The
doctrine of respondeat superior shal! not apply as between tne City and Company,
its afficers, agents, servants, employees, contractors and subcontractors, and
nothing herein shalf be construed as creating a partnership ar joint venture
batween the parties hereto.
In witness whereof, the parties hereto have executed this Confract an the
'��-�` day of �� , 2Ci��.
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Till Wrecker 11
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6
ATTEST:
,
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�Gl�r� Pearson
City Secretary
APPROV�D AS TO F4RM
AND LEGALITY
d ��
Assistanf Ci y Attorney
ATTEST:
Corporate Secretary
CITY �'.FORT W�RTH
, �_ _ _
By _ � ~
�i._ibby W�son
Assistant City Manager
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,,
�vnt�act Au�.horiz�tion
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.. ,.. � _ .. - ,��:r----� --
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A-1 Wrecker Service
(Company N
1
By: �,���
❑ann anlyxis, President
/
Tilt Wrecker 12
Page l2 of l2
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�UTO P��I�
Tl�e iQlio�ving rules and regul�►iions wilE be fo�lowec� by AL][.1 �Vrecker C�mpanies
upoi� arrEv�l at the Auto Pound.
1. The ezitry gate wil� nat l�e blociced Uy v�rrecl�ers waiting to enter or exit T1�e Auto
Po�u7d.
2. No wreclzer sllall enter the Allto Po►.u7d with moxe than one {1) person/operator,
unless autllorized by the �n duty shift su�aervisor. This vvill be done on a case by
case basis.
3. For safety reasons, a Car Canier will be required to off load th�ir cargo when
possiUie. Tlus s11a11 be deteimzned by the oi1 dtrty s�lpervisor.
�. Iilventories should be handled i�1 an expediiious �nanner when �ossible. However,
Autv Pouiad persomlel a�•e requirec� to do a coi�plete and precise inventory of all
pro�erty and vehicles. A s�ecific tin�e franle vvc�uld be inl�ossible to uistituie.
5. No wrecic�r driver/operator will assist witl� any inventory Ueing conducted by
Auto PoYtnd personnel.
6. The use of Car Can-iers, ext�a tinle, extra ec�uipment, etc., shall Ue subject to
approval by the Wrecker Adininistrator or Auto Pauiid Supe�•visor.
7. Wrecicer driv�rsloperatarslowners sllall be rec�uired to follow any.directions or
iiistructioiis given by Auta Pound persazu�el.
8. Wrecicer Con7pa�y Owners si1a11 assist and comply with aily irivestigation
perfon-�ed by At�to Pouizd persoiu�el or the Fo1�t Warth Police D�partment in
regards to their compazay, driver, operator aald or business without h.esitation.
9. Violatians of any of tl�e above rules shall i�e stii�ject to review by t�ie Wreelcer
Adaninistrator or A�rto Pound Supervisor.
The Auta Potiuld Sl�p�ivisor or a l�igher level of coinlna�d nlay detei7nine
disciplinary actioi� up to and includiilg tez-��zinatioil oFcontract.
C"ity of �'art �o�tlig �T'exas
c�y�� a�� ���ar�c�� �.���u������;�n
DATE REFER�NCE fVUMB�R LOG NAM� PAGE
418103 �.,� g��Q, 35TOWS 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CDNTRACTS FOR N�N-
CONSENT T�WING �F WRECKED OR ABANDONED VEHICLES FROM MULTiPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended.that the City Council:
1. AutF�orize contracts for Police Department requested non-consen# towing af wrec�ed or abandoned
vehicles fram mul#iple �endors as required by Section 34-181 of the Cod� of th� City of Fort Worth
(1986), as amer�ded; and
2. Authoriz� the contracts ta begin April 8, 20Q3, and expire September 3a, 2003, with aptians to
renew for four additional one-year p�riads; a�d
3. Adopt the attached supplemental appropria�ion ordinance increasing estimated receipts and
appropriations by $446,94� in the General Fund from available fiunds.
DISCUSSION:
Section 34-181 af the Code af the City of Fort Worth (1986), as amend�d, require� that all police
department, nan-cans�nt tows, sha[I be undertaken pursuant to cantract, specifically executed between
the City and a wrecker company. The Pub[ic Safety Cammittee extensi�ely re�iewed the new rates and
unanimously approved this recommendation on March 25, 2003.
There are three types of contracts and rates as fal[ows:
• Standard tow trucks $100
� Tilt bedlrollback tow trucks $�2�
• Tandem tow trucks $180
Canfirac#s wil[ be executed with any vendar desiring to perform r�on-consent tows for the Police
Department, if they meet t�e contract requirements such� as towirtg oper�tions being the ver�dors
�rimary business, equi�ment specifications, insurance, ar�d a locally Gcensed storage facility.
The fees for services to be provided and assignm�nt ta one of faur zones are the same as contained by �
City Code. The estimat�d expenditure for these services is $4.8 millior� per year including the
anticipated increase (of $446,944) for �he remaind�r af the fiscal year based on the revised rates. This
increas� wi{N be affset by revenue collected as fees..
RENEWAL OPTIONS - These contracts may he renewed for up ta four successive one�year ferms at
the City's optian. This action does not requir� specific City Council appro�al provided the City Cauncil
C'ity of Fo�t Wo�th9 T'exas
���� �1�1� �,���c1( ��i�1�[��1°�c�t�a�l
DAT� R�F�RENCE NUMF�3�R LOG NAME PAGE
418103 �_� g��,� 35TOW5 2 afi 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CQNTRACTS FOR NON-
C�NSENT TOWING �F WRECKED OR ABANDONED VEHICLES FROM MULTIP�E
VENDORS REQUIRED BY ClTY ORDINANCE FOR THE POLICE DEPARTMENT
has appropriated sufficienf funds io sa#isfy the City's obligatian during the renewal term.
FISCAL INFORMATI�NICERT1FlCATION:
I The Finance Director certi�ies that upan approval and campletion of the aborre recommendatians and
�, tf�e adoption of the attached supplemental appropriation ordinance, funds will be a�ailable in the current
operating kaudget, as appropriated, afi the Gen�ral Fund.
LW:r
Submitted far City Manager's
Off ce by:
Libby Watson 61$3
Originating Department He�d:
Ralph Mendoya
Additiona[ Information Contact:
Susan Alanis
FUND
(�a)
GG01
GGO'f
�
48386 I (from)
GGD1
�
78262 I
ACCOUNT
539120
48262�4
CEI�TER I AMpC1N'1'
D353403 $446,944.00 �
0353403 $446,944.00
CITY SECRETARY
APPRO�ED 04/08/03
539120 �3534�3 $�46,9�4�4.00 I QRD.# 15517
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