HomeMy WebLinkAboutContract 28594t G4N RAC7'���`��� � �
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CONTRACT FOR TOW TRUCK SERVICE
(TIL.T BEDIRQLL BACK)
WHEREAS, th� Ci�y of Fort Worth occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to �rotect the safety of
the citiz�ns of th� City of Fort Worth,
NOW, THEREF'ORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "Cify", acting herein by
and through Libby Watson, its duly authorized Assistant City Mar�ager, and
Thomas Towinq lnc., hereinafiter referred to as "Company", acting nerein by and
through J. D. Thomas, its duly authorized Presiden#, agree as follows:
1.
SERVICES
City hereby confracts with Company to pro�ide police pul[ towing service.
As used herein, "palice pull" shafl mean that fhe Fort Worth Police Departm�nt
has called Company fram the rotation list to either remove a wrecked or disa�led
v�hicEe or to remove a vehicle in a safe driving condition, but the owner is not
pr�s�nt, abie or permitted to drive or to make authorizatiorrs.
2,
�n
The initia[ term of this contract sha11 expire on September 30, 2003. In
add�tian fo the initial term of this contract, there shall be four o�tions to re�ew for
terms of one year each, unless earlier terminated as hereinafter provided,
Rer�ewal shall occur upon City including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company pro�iding proof
of insurance to Cify.
3.
COMPENSATION
3.� Comqensation. As compensation for providing the services
contemplated by this Contract, City agrees to pay Company as follows:
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a) Towaqe. A charge of one hundred twenty five dollars ($�25.00) for towing
such vehic{e from one point on a street to another lacation within the
corporate limits of the city as directed by the police officer at the place where
the tow originated; such charge inc[udes one-half hour ofi Extra Work. ln the
event Company respands to the scene o� a police pull with a tilt be�lroll back
truck when the police pull cauld have been accomplished with a siandard tow
truck, Company shall be entitled to t�e reduced charge of One hundred
dollars ($�00.00).
b) Second tow �ehicle. In the e�enf the po[ice officer at the sce�e de�ermines
that a standard tow vehicle is required in addition to the tiEt bedlroll �ack
truck, a charge of �ne hundred Dol�ars ($�a0.�0) per hour, with a minimum
charge of one hour, billed in incr�ments of fifte�n (� 5) minutes w�ile a# the
scene of the police pull. A�olice supervisor shal! approve the use of a
second tow truck. Travel time is excluded.
c) Extra work. An additional charge of One hund�ed dollars ($100.00) per
hour, with a minimum charge of one hour, charged in incr�menfs of fifteen
{15) minutes, for removing vehicles that are off the street right-of�way, such
charge to be made from the time the operator begins to remove the veh[cl�
until it is on ihe traveled portion of the street. Even though the �ehicle is
within the street right-of-way, an additional charge may be made if the �ehicle
is located in some unusual condition within fhe right-ofi-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than ti�e ordi�ary
bar ditch. Extra wor�C shall only be allowed when aUthorized �y a police offic�r
at the scen� af the pull. The charges for such extra work shall be reviewed
and approved by the Auto Pour�d Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean�up tim�.
d} Handlina hazardous materials. When the cargo of any motor vehicle ar
trailer incl�des explosi�e, nuciear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
D�partment of Tra�spartation, or the Texas Commission on Environmental
Quality, a fee equal to one hundred-fifty (150} percent o� the charges
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permitted under subparagraph "a" above. In addition, a charge may be made
for experises incurred related to pro#ective clothing and any other supplies or
equipment used in handling such mater�als, such charge being equal to the
actual amounts incurred plus fifteen {15) �ercent.
e} Nothing contained h�rein shall b� construed so as to obiigate City to expend
any sums of money excep# for work act�ally performed. Further, nothing
containe� herein shall be construed so as to gUarantee tha� City will contact
Compar�y for any towing service con�emplated by this Contract.
3.2 Invoicing and PaVment. Com�any sha[l Invoice City once per month.
Company shall include with the invoice such documenfis as may be reasonably
requ�stad to provide e�idence af the services provided to t1�e City, wh�cY� at a
minimum sha11 inclu�e copies of the wrecker selection form signed by the offic�r
at the scene of the police pull andlar personnel at the Fort Worth Auto Paund.
5uch invaice shall be subjec# to the review and appro�al of appro�riate City
personnel. City shall remit payment to Company not more than thirty (3�) days
following approval of i�t�oice.
3.3 Compensation Review. City shall review on an annual basis the
compensation provid�d for hereunder, wifi� the first such review to be conducted
during the month of August 2003. Similar reviews shall occur in Aug�st of each
succeeding year that tY�is contract is in effecf. City shall make adjustments in tE�e
compensation based upon incr�ases or decreases in the cost of doing business,
taking into consideration fuel, insurance, labor, and such other cosfs as may be
refevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times th� follovving veY�icles and equipment
in wprking condition:
a) A minimum of one �1) tiif bedlro[I back d�al rear wheeE wrecker rated at not
less than 14,000 pounds gross �ehicle weight.
�} At a minimum, all wreckers shall be equipped with the following equipment,
which at al1 times shall be maintained in working order;
Tiit Wrecke�• 3
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2)
3)
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5)
6)
7)
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10)
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12�
13}
14)
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Tow bar
Towing lights
Emergency o�erh�ad warning lights {r�d or amb�r color only)
Saf�ty chain
Fir� �xtinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between taw trucic ar�d
Company dispafcher
Backing warning signals
Whee1 chocks
Traffic cones
c) Each wrecker shall have the identifying markings required by fhe Texas
Transportation Code, secfion G42.OQ2. In addition, each wrecker shall provide
Notice of Complaint Proc�dures ta the owner of a tawed veh�cle as outlined by
the Texas Department of Transportation Rules and Regulafions as contained in
43 Texas Administrative Code, Chapt�r 18, subchapter 18.89, as same may be
amended from time to time.
d) Each taw truck and the r�quired equipment shal! be inspected by tl�e Chief of
Police or his authorized designee prior #o being used for services contemplated
by this contract. fn addition, �ach tow truck and the required equipment shall be
subject to intermittent inspection to assure comp[iance with this contrac#.
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5.
INSURANCE REQUIREMENTS
Company shaq maintain insurance of the following types and amounts fram
insurers accepfable fo the City:
5.� Commercial General �iability
$50Q,000 each occurrence
$500,000 aggregate
or
Garage Liability
$�00,000 eaeh accident, other than auto
�500,000 aggregate
5.2 Automobile Liabil�ty
$SDO,DQO each accident, combined single limit
This coverage shall include all vehicEes owned or non-owned that are
operating under Company's operating authority.
5.3 CargolDn-Hook
$30,ODQ per unit
Coverage shall include both the unit being towed and its co�tents.
Units covered shall include but r�of be limited to motor �ef�icl�s,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAG�K����R'S �IABILITY
$30,000 per unit
5.5 Wor�er's CompensationlAccident Insurance
Coverage shall meet the minimum requirements of state !aw as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance c�rtificates shafl remain on fife with the City during the
term of this Confract, Insurance coverage may, at �he sale discretian of the City,
be revised upward upon thirty {3�) days prior written notice to Company. Policies
shall be endorsed as follows:
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a) The City, its officers, em�loyees and servants shall be endorse� as an
additional insured on all policies except employer's liability insurance
coverage und�r the workers' compensation insurance policy.
b) Certificates of insuranc� shall be delivered to the su�ervisor of the City of
Fort Worth Auto Pound, 1301 E. Norths�de Drive, Fart Worth, TX 7�102,
priar to any work being perFormed under this contract.
c} Any failure on part of the City fo request required insurance
documentation shall nat constitute a waiver of the ir�surance requirements
specified herein.
d) Each insurance policy sha11 be endorsed to pro�ide the City a minimum
thirty days notice ot cancel[ation, non-renewal, andlor material change in
policy terms or coverage. A t�n days notice sha11 be acceptable in the
evenf of non-payment of premium,
e) Insurers m�sfi be authorized to do business in �h� State of Texas and
have a currenf A,IVI. Best rating ofi A: Vll or e�uivafen# measure of financial
strengtF� and solvency.
f) DeductibEe limits, o� self-funded re#ention limifis, on each poficy must not
exceed $10,OOD.QO per �ccurrenee unless atherwise approved by tY�e Gity.
g) Oth�r than worker's com�ensation insurance, in lieu of traditional insurance,
City may consider alternati�e coverage or risk treatment measures through
ins�rance poois or risk retention groups. The City must approve in writing
any alternative coverage.
h) Warkers' com�ensation insurance policy{s) eovering employees shall be
endorsed with a waiver of subrogation providing rights of reco�ery in fa�or
of the City.
i) City sha[I not be res�onsibl� for the direct payment of insurance premium
costs.
j} Insurance policies shall each be endorsed to proWide that such insurance
is �rimary protection and any self-funded or commercial coverage
maintained by City shall not be cal[ed upon to contribute to loss recovery.
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k) Company shall rapott, in a fimeiy manner, to City"s officially d�signated
contract administrator any knawn loss occurrence which could give rise to
a liability claim or lawsuit or which could result in a proper�y loss.
i} Company's I�ability shall not be limited to t�e specified amaunts of
insurance required herein.
m) Upon fhe request of City, Company shall provide com�lete copies of all
insurance policies required by these contract documents.
5.7 In the event a sfate or federal law, rule or regulation pertaining to wrecker
service companies operating within the State of Texas exceed insurance
requiremenfs specified herein, such state or federal law, rula or regufatian shall
prevail for the respective type of insurance coverage andlor limit t�er�of.
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DUTiES AND RESPONSIBILITIES OF COMPANY
Company, during the term of fhis contract, shall perform the following duties
and have the following responsibilities:
aj Mair�tain as its �rimary business the towing of �ehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) abo�e.
"Primary business" shal[ mean that Company receives more than fifty per-
cent {50%) of it gross revenues from the towing of vehicles and trailers. All
of company's records shall be op�n �o re�sonable inspection, both at the
time of execution of this agreemenf and at any time during the term hereof,
to verify compliance witf� th9s condition.
b) Maintain a currently licensed vehicle storage facility lacated within the
corporate limits of the City, "Vehicle storage facility" shall mean a facility
op�ratec� by a persan under Article 6687-9a, Revised Statutes.
c} Maintain business aperation twenty-four (24) hours a day, se�en days per
week.
�} Respond to a�l calls contemplated by this contract within thirty (30) minutes
of nofif�cation, except in extraordinary situations where delay is causEd by
ice, snow, or other weather relafed conditians. In the event Company fails to
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r�spond as required, City may notify another wrecker company and
Company shall rtot be entitled to the compensation �o w�ich it would na�e
been en#itled had it arrived timely. •
e} Maintain on file with the City th� name of the owner, president or chief
executive officer, business address and telephone number; further
Company shall notify the City ofi any change of ownership, president or
chief executive officer, or change of address wi#hin fiv� (5) busin�ss days af
any such change.
f) Deliver the motor vehicle being towed to the [ocation within the corporate
limits of City designated by the police offieer at the scene of the pull.
Deliv�ry st�all be made without delay or detaur.
g) Fully cooperate with any investigation conducted by fhe City regarding
complaints against Company, whether ar not such complaints arise out of
services contemplated by this Contract.
h) 5ha11 npt f�ecome delinqueni in the paymenf of any faxes due to Cify.
i) 5hall not go to any accident scene unless the Gompany has been called #o
the scene by the owr�er or operator of a vehicle or an authorized
representative of same, or by the City.
j) Completely remove all debris resulting from any accident to wl�ich the
Company is responding. Removal of debris shall not b� considered
eompfefie by merely sweeping it to the eurbline.
k} Shall nat solicit any wrecker b�siness within the corpora�� limi#s of City at
the sc�n� of a wrecked or disabled vehicle, regardless of whether the
solicitafion is for th� �urpase af soliciting the business of fowing, repairing,
wrecking, storing, trading, or purchasing the �ehicle.
I) Shall only employ drivers of tow trucks authorized to operate same.
m)Pravide the Police Pound personnel witn an invoice at #h� time the vehicle
is delivered to the Auto Pound tagether with tF�e signed wrecker selection
form to be provided.
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Pa�;e 8 of I 2
7.
TERMINATION AND SUSPENSION
7,9 This cantract may be terminated or suspended by the City for any of the
fallowing causes:
a} Violation of any term or co�di�ion specifiied in tnis contract.
b) Failure to notify the CommunEcafions Divisio� of the Po[ice Department
within fifteen (15} minutes from the time of notificafion if the Company will
be unable ta respond 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 the influence
of alcohol andlor drugs.
d) Permitting a tow 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 personn�l of Company 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 personnef of the Company
while acting in their capacity as employees of Company made against fhird
parties during a pofice pull or otherwise.
h) Failing to comply wifh all directions of police personne{ at th� scene of a
polic� pull or ci�ilian or police perso�nel at the Police Auto Pound.
Company may req�est a police 5upervisor to validafe any such direction
given.
i} Fai�ure ta comply with any state or federal law or city ordinance relafed to
the op�ration of a wrecker company.
j) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall
mean Company fai[ing io notify the City of its inability to respond to a
request for service as required by �aragraph 2 above.
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k) Ten ��4} �asses wifhin a thirty (30) day p�riod. Pass in this paragraph
shall mean a Campany notifyi�g the City of its inability to respond to a
request for service as required by paragraph 2 abo�e.
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Company in wrifing of its intent to terminate or sus�end for
cause twenty (2Q) days prior to such suspension or termination. Company shall
hav� the righf to r�quest a hearing before the Chief of Police or his designee
regarding th� int�nt to terminate or sus�end for cause by requesting a hearing in
writing wifhin five {5) business days after receiPt of notice of intent to �erminate ar
sus�end. A h�aring shall be cond�c#ed within fifteen (15) days of the request �For
hearing. T�e City, in its sole discretion, may temporarily suspend this contract
during any appeals �rocess.
7.3 In the event this contract is suspended for cause, the suspe�sion sha[I be
for a peria� of fime of not less than six (6) months nor more thar� twelve (12)
months.
7.4 ]n the e�ent City suspends ar terminates tF�is contract #or cause, and the
cause for such suspension or termination is determined fo be invafid, Company's
sale reme�y shall be reinstafiement ofi this contract. Company expressly waives
any and all rigE�ts to monetary damages, including but not limited to actual and
punitive damag�s, court costs and a�torney's fees.
8.
INDEMN1FlCATION
With regard to any fiability which might arise hereunder, City and Customer
agree thafi they shal] be solely and exclusively liabl� for th� negligence af its own
agents, serv�nts, subcontractors and employees and that neither party shall lao�C
ta the other party to save or hold it harmless for the consequences of any
negligence on t�e part of one of its own agent, servant, subcontractor or
emplayee. Nothing cantained h�r�in shall be consfrued to b� a waiver by Ci#y of
any right of protection that it �njoys under applicable Stafe or Federal law.
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ASSIGNMENT
Company shall not assign, transfer ar sublet this Cantract or any portion
hereof to any party without t�e prior written consent af City tnat shafl not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract shall be void and shal� operate as a termination hereof.
10.
ZONES AND ROTATION LIST
A. Ci#y shall divide the city inta four (4} zones that shall correspond to the faUr
(4) patrol divisians. Company sha{I be assigned ta the zone or an adjacent zone in
which it maintains its principal place of business.
B. City shall create a rofaiian list within each of the four (4) zo�es that will
dictafe tt�e order in which wrecCcer companies are contacted.
C. City may request Company to conduct a police pull within any zane, and
Company agrees to use its best efforts to arrive at t�e scene of the police ptall
within thirty (30} minufes.
11.
1NDEPENDENT CONTRACTOR
It is ur�d�rstaad ar�d a�reed �y the parties hereto that Company shall
perform aIl wor�C and services hereunder as an independent contractor, and not as
an officer, agent, servant or employee of th� City. Company shall i�ave exclusive
control of and the exclusive right to control the details of the work or service to be
perFormed hereunder, ar�d all persons performing same on behalf of Company,
and shall be sole�y responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. The
dactrine of respondeat sup�rior snall not apply as beiween the City and Company,
its officers, agents, servants, �mployees, cantractors and subcontractors, and
nothing herein shall be construed as creating a partnership or jaint venture
between the par�ies hereto.
In witness whereaf, the parties hereto have executed this Contract on th�
1 ��� day of ��! , 20�_3.
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ATTEST:
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� I a Pearson JI
�ity Secretary
APPROVED AS TO FORM
AND LEGALITY
� "
Assistant City Att�rney
ATTEST:
Corporate Secretary
Tilt Wrecker
Pnge f 2 pf 12
CIT.Y rC� FORT W(�tTH
By: ; _ : '.;� _: -
' �ibby �son
Assistan# City I�/lanager
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c�o�itract Au�hori,z �} on
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Date
Thomas Towinq ]nc.
(Company Name) -
�"
By: � -
J .P1. Thomas, President
12
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1��J`�'� ��TTI�T�
'�'i:e ��l�or�v��g r�les �e�� �eg�s�a�ions v�il� �e �oi➢owed �y �.J� Wrec�er ��mnpanies
�apon arrivnl �t the Auta Pound.
1. Tlae e�atxy gate will not be b4ociced by wreckers waitiizg to enter or exit t�e Auta
Potu�d.
2. Na wrecker s11a11 enter �he Anto Pound witl� �nora t�ian one (1) personloperator,
ui�less authorized l�y �iie oil duty shift su��ezvisor. This will be do��e on a case by
case b�.sis.
3. For safety reasons, a Car Carrier will be requi�ed to o�f laad tl�eir carga wlien
�ossibl�. Tl�is shall Ue detei7�ined Uy �e on duty supe�visar.
4. I�iveritories shQuld �e l�andled i� a�1 expeditious �na.nner when �ossib�e. Hovvever,
Auto Pound persoi�ael are required �o do a coinplete and precise inveutazy of all
propei-ty a�d ve�licles, A specific tzr�e fiame would Ue iinpossible to ian.stitute.
5. No ,w�recicer clriverJoperatnr will assist witl7 azry inventary bein� conducted by
Auto Pound persoimel.
b. T11� use of Car Cai-�-ier-s, extra time, extra eq�iipa�ient, etc., sha7l �ae suUject to
approval vy the Wreelcer Adininist�ator ar Aufo Potiuic� Slipel-visnr.
7. Wrecker dnvers/operatorslo�vi�ers s�7a11 Ue required to follow any directiails or
instructio�is given Uy Aufo �onnd personn��. �
8. Wrecicer Compaz�y Owizers shall assist and comply wi�l� aily investigation
perfonned by Auto Pound personnel or the Fort Wort11 Pa�ice De�artinent in
regards to tl�ei� company, dri�er, operator and or business wi�hout hesitation.
9. Vi�Iatioils of any of the above iules shal� l�e subject to review l�y ihe Wrecicer
Admil�.istrator or Auto Pound S�tpervisor.
T�ie Auto �'ott��.d Sltpervisor or a hig�er 1�vel of coiunland may deteniiine
disciplinary action up to aud izicluding te�731ii�atioii of coilt�act,
C'ity o,f'�o�i Wo�th, T'exas
���� ��d ���ncyQ ��m���i���;�r�
DATE R�F:�R�IVCE NUMBER LOG NAME PAGE
4f8103 �.�� ���,�, 3�T�WS � of 2
SUBJECT SUPPLEMENTAL APP�QPRIATION ORDINANCE AND CONTRACTS F'OR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULT[PLE
'��ENDORS REQUIRED BY CITY ORD[NANCE F�R THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Cauncil:
Authorize cantracts for Police Depar�meni requested non-consent towing of wrecked or abandoned
rrehicles from multip{e vendors as required by Section 34-1$1 of t�e Code of the City of Fort Worth
(1986), as amended; and �
2. Authori�e the contracts ta begin April S, 2003, and expire September 30, 2003, with options fa
renew for faur additional one-year �eriods; and
3. Adopt #he aitached supplementa� appfopriatio�t ordinance increasing esiimated r�eeipts and
appropriations by $446,944 in the Genera[ Fund from available funds.
DISCUS510N:
Section 3A�-9 81 of �he Cade of the Ci#y �'f Fart Worth �1986}, as amended, required that all paEice
department, non-conser�t tows, shal[ be underfiaken pursuant ta contract, specifically executed between
the City and a wrecker company. The Public Safety Committee extensively re�i�wed #he new rates and
unanimousfy approved this recommendation on Marc� 25, 2p03.
T�ere are three types o# contracts a�d rates as follows:
• Standard tow trucks $TQO
• Tilt bedlrollback fow trucks $125
• Tandem tow trucks $180
Contracts will be executed with any vendor desiring to perfarm non-eonsent tows for the Police
Depar�ment, if they meet the contract requirements such as towing operations being the ven�ors
primary business, equipment specifications, insurance, and a locally licensed storage facility.
The fees far services to be pro�ided and assi�nment to one of four zones are the sam� as contained by
City Code. The estimated expenditure for these s�ruices is $1.8 mil�ion per year including the
artticipated ir�crease {of $446,944) fior the remainder of t�e fiscal year based on th� r�uised rates. This
increase will be offset by re�enue coliected as fees.
RENEWAL OPTf�NS - These contracts may be renewed for up ta four successi�e one-year ferms at
the City's aption. This action does not requi�e specific City Council approvaf pro�ided the City Council
C`ity o_ f�'ort Wo�tri, T'exas
�y�� ��t� �,�����[ ����u�rn���t���
DATE RE�'EF2ENC� IVl1MB�R I LOG NAME 35TOW5 PAGE 2 Of 2
4/8I�3 ��� 9�44
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND C�NTRACTS FOR N�N-
C�NSENT TDWING OF WRECKE� OR ABANDONE� VEHICLES FROM MIJLTIPLE
VENDORS REQUIRED BY CITY ORDI�IANCE FOR THE POLICE DEPARTfVIENT
has appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies tha# upon appro�al and cample#ion of the abaue recommendations and
the adoption af the attached supplemental apprapriatian ordinance, funds will be available in the current
operating budget, as apprapriated, of the General Fund.
LW:r
SubmitEed for City Manager's
Oflice by:
Lihby Watson
Originating Department Head:
Ralph Mandoza
Additiona] lnformation Contact:
Susan Alanis
I FUND � ACCOUIV'1' I C�NTER
I (to)
� GG01 539120 Q3534Q3
6183 I GG�1 462624 0353403
�
48386 I {from)
IGG01 53912� 0353403
�
75262 I
I ANIOUN'I'
$446,944 AO
$446,944.A0
$446,944,QD
CI'I'Y SECRETARY
APPROVEI� 04/08/03
ORD.# 15517