HomeMy WebLinkAboutContract 28596�
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CONTRACT FOR TOW TRUCK SERVICE
�STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasionally requires the services of
tow trucks; and
WHEREAS, s�ch tow fruck services are necessary fo protect the safety of
the citizens of the City af Fort Wort1�,
NOW, THEREFORE, KNOW AL� BY THESE PRESENTS:
The City of �or� Wor�h, hereinafter referred to as "City", acting herein by
and through Lib�y Watson, its d�ly authorized Assistani City Manager, and
Hankins Enter�ris�s lnc. dba A-1 Wrecker Service , hereinafter referred ta as
"Company", ac#ing herein by and through Dannv Hankins , its du[y authorized
Presi�ent , agr��: as follows:
1.
SERVICES
City hereby contracts with Company fo �rovide police p�li towing service.
As used �erein, "'Police pull" shall mean that the Fort Worth Police Deparfinent
has called Company from the rotation list to either remo�e a wrecked or disabled
vehicle or to remave a v�hicl� in a safe driving condition, but the owner is not
present, abEe or permitted to dr�ve or to make authorizations.
2
TERM
The initiai term of this contract shall expire an September 30, 2003. In
addition to the initial terrn of tnis contract, thare shall be faur options to renew for
terms of one year each, unless earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget for the aptions years
sufficien# funds to pay for its obligatians h�reunder and Company providing proof
of insuranc� to City.
�
COMPENSATION
3.1 Comqensation. As compensation for providing the
contemplated by this Contract, City agrees to pay Company a��*e���+�
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services
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a) Tawaae. A charge of �n� hundr�d Dolfars ($100.00) for towing such vei�icle
from ane point on a st�eet to another location within t�e corparate I�mifs of the
city as directed by the pol�ce department at the place w�ere the tow
originated; such charge inclu�es one-na[f hour of extra work.
b) Seco�d tow truck. In the �vent the palice officer at the scene determines
thaf a second tow truck is required, a charge of �ne hundred dollars
($100.40) per hour, with a minimum charge of one hour, bil�ed in increments
of fifteen (i 5) minutes while at the scene of tY�e police pull. A palice
supervisor shall approve the use of a second tow truc�C. Travel tim� is
excluded.
c) Extra work. An ad�itional charge of one hundred dollars ($100.00} per
hour, with a minimum charge o� one hour, charged in increments of fifteen
(15) minutes, fo� removing v�hicl�s that are off the street right-af-way, such
charge ta be made from the time the operator begins to remo�e the vehicle
until it is on the traveled portion of the street. Even tho�gh the �ehicle is
within the str��t right-of-way, an additional charge may be made if the vehicfe
is located in some unusual condition witE�in the rigY�t-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater dep�h than the ordinary
bar ditch. Extra work shall only be allowed when autnorized by a police officer
af #he scene of the pu11. The charges for such extra work shall be reviewed
and appro�ed by the Auto Pnund Wrecker Adminis#rator. Extra work
excludes travel time, waiting time and clean-up time.
d) Use of a dollv. No additional fee shall be charged for the �se of a dolly.
e) Handlinq hazardous materials. When th� cargo of any motor vehicle or
trailer includes explosive, nuc[ear, radioactive, hazardo�s or corrosive
materiafs, as defined by the Environmental Protectian Agency, Texas
Department of Transportation, or the Texas Commission on Environm�ntal
Quality, a fee equal to one hundred-fifty (� 50) p�rcent af the c�arges which
may be assessed pursuant to su�paragrapn "a"' above. In addition, a charge
may be made for expenses incurred related to protective clothing and any
5tandard Wrecicer 2
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otf�er supplies or equipment used in t�andling such materials, such charge
being equal to the actual amounts incurred plus fifteen {15) percent.
f) Nothing contained herein shall be construed so as #o obligate City to exp�nd
any sums of money. Further, nothing contained herein shall be construed so
as to guarantee to Company that City will contact Company for any towing
services co�templated by this Contract.
3.2 �nvoicinq and Payment. Company shall Invoice City once per month.
Company shall include with the invaice such documents as may be reasonably
requested to �rovide evidence of the services pro�ided to the City, which at a
minimum sha[l include copies of �he wreck€;r selection form signed �y the officer
at the scen� of the police pull andlor personnel at the Fort Wor�h AuYo Pound.
Such invoice shall be subject to the review and approval of appropriate City
p�rsonnel. City shall remit payment to Company nat more than thirty (30} days
foflowing approvaf of invoice.
3.3 Comqensation Review. City shall review on an annual basis the
campensafian provided for hereunder, with the first such re�iew to be conducted
during the month of August 2003. Similar re�iews shall oceur in August of each
succeeding year that this contract is in effect. Cify shall ma[ce adjustments ir� the
compensation bassd upon increases or decreases in the cost of doing business,
taking into consideration fuel, insurance, labar, and such other costs as may be
relevant ta the operation of a towing b�siness.
4.
VEHICLE AND EQLJIPMENT REQUIREMENTS
Company shall maintain at alf times the following vehicles and equipment
in working condition:
a) A minimum of two (2} wreckers, one of which shall be not less than 14,000
pounds grass vehiele weight and one of which sha[1 be not less than 10,QQ0
pounds gross vehicle weight, duaf rear wheels, equipped with a hydraulic
operated winch, winch lines, and a boom rated at not less than 8,000 pound
lift capacity and a wheel lift cfevice rated at not less than 2,500 pounds.
5tandard Wrecker
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b) At a minimum, all wreckers shall be equipped witi� the following equipment,
whic� at all times si�all be maintained in working order:
1)
2)
3}
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5)
6)
7)
8)
9)
10)
11)
12}
13)
�4)
Tow bar
Towing lights
Emergency overhead warning lights (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reflecfiors or traffic cones
Trash container
Two way voice or computer cammunication between tow truck
and Company dispatcher
Backing warning signa[
W heel chocks
c} Each wrecker s�all have the identifying markings required by the Texas
Transportation Code, section 6�2.002. In addition, each wrecker shall provide
Notice ofi Complaint Procedures to the owner of a towed vehicle as outlined by
f�e Texas Department of Transportation Rules and Regulafions as co�tained in
43 Texas Administrative Code, Chapter '!8, subchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required equipment shall be inspacted by the
Chief of Police or his authorized designee prior to being used for services
contemplated by this contract. In addi#ian, each tow truck and the required
eqUipment shal[ be subject to int�;rmittent inspection to assure compliance with
t�is contract.
5tandard Wrecl<cr 4
Fage 4 of 12
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�.
INSURANCE REQUIREMENTS
Company shall maintain i�surance from insurers acceptable to City of the
fo[low�ng types and amaunts:
5.1 Commercial General �,iability
$500,000 each occurrence
$S�Q,OQO aggregate
or
Garage Liab�lity
$500,000 each accident, other than auto
$500,Oa0 aggregate
5.2 Automobile Liabi[ity
$50Q,000 each accident, combined single limi#
This coverage shall include all vehicles owned or non-owned fhat are
operating under Company's operating authori#y.
5.3 CargolOnoboo�
$3D,000 per unit
Goverage sha[� include bath the unit being towed and its contents.
Unifs cov�red sha11 include but not be limited �o motor �ehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 CARAG�KEEP�R'S LIABILITY
$30,000 per unit
5.5 Worker's CompensatianlAccident Insurance
Coverage shall meef the minimum requirements of sfate faw as con-
tained in the Motor Carrier Rules and Regulations.
�.6 Curre�f insurance certificates shall remain on file with the Ci�y during the
term of this Contract. lnsurance coverage may, at the sale discretion of the City,
be revised �pward upon tY�irty {30) days prior written notice to Company. Policies
shall be endorsed as follows;
Stacldard Wrecker
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a) The City, its officers, employees and senrants shall be endorsed as an
additio�al insured on all policies except employer's liability insurance
coverage under the workers' compensatior� insurance policy.
b) Certificates of insurance shall be delivered to the supervisor of tf�� Ci�y of
Fort Worth Auto Pound, 13D� E. Northside Drive, Fort Worth, TX 76102, pr�or
ta any work being performed under this contract.
c) Any failure on part of the City to request required insurance
documentatian shall not constitute a waiver of the insurance requir�ments
specifi�d herein.
d} Each insurance palicy shall be endorsed to provide the City a minimum
thirty days no#ice of cancellation, non-renewal, andlor material change in
policy terms or coverage. A ten days notice shall be acceptable in th�; event
of non-payment of prem[um.
e) Insurers mus� be authoriz�d to do business in the State of Texas and
have a current A.M. Best rating of A: VII or equi�alent measure of �inancial
str�ngth and solvency,
f} D�ductible limits, or setf-funded retention limits, on each policy mus� nof
exceed $� O,OOQ.QO per occurrence unles� otherwise approved by th� City.
g) �ther than worker's compensation insurance, in lieu of traditional �nsu�ance,
City may consider alternative caverage or risk treatment measUres through
ins�rance pools or risk retention groups. The City m�st approve in wrifing any
alternative coverage.
h) Warkers' compensation insurance policy(s) covering emp[oyees shall be
endarsed with a waiver of subrogation pro�iding righfs of recovery in favor of
the City.
i} City shall not be responsible for the direct payment of insurance premium
costs,
j} Insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage maintain�d
by City shall nat be called upon to cantribute to loss recovery.
Standard Wrecker (�
Page G of 12
k) Company shall repo�i, in a timely manner, to City's offcially �esignated
contract administrator any known loss occurrence which could give rise to a
liability claim or lawsu�t or which could result in a property loss.
i) Com�any's liability shall nat be limited to tne specified amounts of
ins�rance required herein.
m) Upon the r�:Quest of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
5.7 In the event a state or federal law, rule or regu[ation pertaining to wrecker
service companies operating within the 5tate of Texas exceed insurance
requ�rements specified herein, such state or federal law, �u[e or regulation s�all
prevail far the respective type of insurance coverage andlor limit thereof.
6_ '
DUTIES AND RESPONSIBILITIES OF C�MPANY
Company, during the 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 th� requirements af paragraphs 4(a} and 4(b) above.
"Primary business" snall mean that Company receives more than fifty per-cent
(50°/o) of it gross revenues from the tawing of vehicles and trailers. All of
company's r�cords sha11 be o�en to reasonable inspection, both at the time af
execution of this agreement and at any fime during �he term hereof, �o verify
compliance with �his candition.
b� Maintain a currently licensed vehicle storage facility located within the
corporafe limits of the City. "V�hicle storage facility" shalf inean a facility
opera�ed by a person licensed under Article F687-9a, Revised Stat�tes.
c} Mair�tain business operation fwenty-faur (24) ho�rs a day, seven days par
week.
d) Respond ta al1 calls confemplat�d by this cantract within thirty (3Q) minutes
of notif�cation, except in extraordinary situations where delay is caused by ice,
snow ar other weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and Company
3tandtu-d Wre�ker '�
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7.
TERMlNAT10N AND SUSPENSION
shall nof be en#itled ta the compensation to which it wau[d have been entitled
had it arriv�d timely.
e) Maintain on file with the City the name of the owner, president or chief
executEve officer, business address, and te�ephone number; f�rther, Company
shall notify the City af any change of ownership, president or chief executive
officer, or change of address within five (5) business days af any such change.
f) Deliver the mofor vehicle being towed to the location within the cor�orate
limits of City designated by the pofice officer at the scene of the pull. Delivery
shall be made without delay or detour.
g) Fully caoperate with any investigatian conducted by the City regarding
complaints against Campany, whether or not such camplaints arise aut of
services cantempl�ted by this Contract.
h) Shall not become delinquent in the paymer�t of any taxes d�e to City.
i) Sha�1 not go to any accident scene unless the Company has been called to
tY�e scene by the owner or operator of a vehicle or an autnoriz�d representative
of same, or by the City.
j) Completely remove all debris resulting from any accident to which the
Company is respanding. Removal af debris shall not be considered complefie
by merely sweeping it to the curbline_
k} Shall not solicit any wrecker business within the corparate limits of City at
the scene af a wrecked or �isabl�d vehicle, regardl�ss of whether the
solicitation is for the purpose of soliciting the business of towing, repairing,
wrecicing, s#oring, trading, or purchasing the vehicle.
I) Shall on�y employ drivers of tow trueks aufhorized to o�erate same.
m) Provide the Police Pound personne{ with an invoice at th� tim� the �ehicle
is delivered to the Auto Pound together with the signed wr�cker s�laction form
to be provided.
7.1 This contract may be terminated or suspended by Ci#y for any of the
following causes:
Standnrd Wrecker
Page 8 0l' 12
:
a) Violation of any term andbr condition specified in this eontract.
b) Failure to notify the Communications Division of the Police Departmenf
witi�in fifteen {15) minutes from the time of notification if the Company �nrill
be unable to respond within the thirty (30) minutes allotted for a response to
a call far wrecker service.
c) Permitting a tow truck io be operated by ar�yone while under the influence
of alcohal andlor drugs,
d) P�rmitting a tow trucic ta be operated by anyone whose operator's license is
suspended.
e) Transferring or assigning any call for service to any other company
f) Any sustain�d complai�t of t�eft by personnel of Company while actin� in
their capacity as employees of Company, whether occurring during a palice
pull or otl�erwise.
g) Any sustained complaint of threats made by persor�nel of the Company
while acting in their capacity as employees ot Com�any made against third
parties during a police pull or otherwise.
h} Failing to comply with all d�rectio�s af police personnel at the scene of a
police pull or civilian employee at the Police PoUnd. Company may requ�st
a police supervisor.ta validate any such direction gi�en.
i) Five (5} passes within a thirty (30) day period, Pass in this paragraph shall
mean Company faili�g to notify the City of its inaf�ility to respond to a
request for service as required by paragraph 2 above.
j} Ten (10) passes within a thirty (30) day p�riod. Pass in this paragraph shall
mean a Company notifying the City of its inability to respond to a request for
service as required by paragraph 2 above.
k} Violation of any rufe ar regulatian contained in Exhibit "A" attached h�reto.
I) Failure to comp[y wit� any state or federal law or city ordinance related to
the operation of a wrecker company.
7.2 City shall notify Company in writing of its intent to terminate or suspend for
cause twenty (20) days prior to such suspension or termination. Company shall
hav� tf�� right to request a hearing before the Chief of Poiice or his designee
S[andae�d Wrecker 9
Pagc 9 af l2
regarding the intent to terminate or suspend for cause by r�questing a hearing in
writing within fi�e (5) business days after receip� ofi notice of in#ent to ierminate or
suspend. A hearing shall be conducted within fifte�n (15) days of the request for
hearing. The City, in ifs sole discretion, may temporariiy suspend this cantract
during any a�peals �rocess,
7.3 In the �vent this contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) manths nor more than twel�e (9 2)
manths.
7.4 ln the ev�nt City suspends or terminates this contracf for cause, and the
cause for such suspensian or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this eontract. Company exPress[y waives
any and all rights to monetary damages, including but nof limited to actual an�
puniti�e damages, court costs and attorney's fees.
8.
iNDEMNIFICATION
With regard to any liability which might arise hereunder, City and Company
agree that th�y shall be salely and exclusively liable for the negligence of its own
agents, servants, subcontractors and emplayees and that neither party shall look
to tE�e other party to save or �o1d it harmless for the consequences of any
negligence on the part of one af its own agent, servant, subcontracfor or
employee. Nothing contained herein shall be construed to be a wai�er by City of
any right of protection that it enjoys under a�plicable State or Federal law.
9.
ASSIGNMENT
Company sE�all not assigr�, transfer or sublet this Contract or any poriion
hereof to any party withaut the prior written consent of City that sha�l not be
unr�asonably withheld. Any such assignment, transfer �r subletting of this
Contract withnut the consent of th� City shall be void and shall operate as a
fermination hereof,
StaF7dard Wrecker 10
Page ]0 of ]2
10.
zoNEs ANo ROTATION LIST
10.1 City shall divide the ciiy into four (4) zones that shall correspond ta the four
(4) patrol divisions. Company shall be assigned to the zone or an adjacent zone in
which it maintains its principal place of business.
10.2 City shall create a rotation list wifhin each of the four (4) zones that will
dictate the order in which wrecker campanies are contacted.
10.3 Ciiy may requ�st Company to conduct a palice pull within any zone, and
Campany agrees to use its best efforts to arrive at the scene af the police fiow
within thirty (30) minutes.
1 `l .
INDEPENDENT CONTRACTOR
It is unders�aod and agreed by the parties hereto that Company shafl
perform all work and services hereunder as a� independent contractor, and not as
an of�icer, agent, s�rvanf or employee of the City. Company shall have exclusive
control of and the exclusive right to contral the details of the work or s�rvice to be
performed hereunder, and al[ persons perfarming same on behalf of Compar�y,
and shall be solely responsible for the acts and omissio�s of its officers, agents,
servants, employees, contractors, subcontractars, licensees and invite�s. The
doct�ine of respondeat superior shall not apply as between the C�ty and Company,
its officers, agents, servants, employ�;es, con�ractors and subcontractors, and
nothing herein sF�all be construed as cr�ating a partnership or joint venture
beiween tne parties hereto.
Standard Wrecke�• 11
Page i l ul' 12
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In witness whereof, tF�e par�ies hereto have executed this Cantract on the �
day ofi �� , 2o b3 �
ATTEST: � � CITY FORT V�RTH
, � 1 _
/!r� ��i� �y: �, .. �
°� Glori� Pearson � Libby �tson
City Secretary Assistant City Manager
APPROVED AS TO F�4RM
AND LEGALITY
f�
ssistant City Attorney
ATTEST:
Carporate Secretary
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con�ra�t �u�l�o�: � ��'�ic�r�
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5tandard Wrccker 1�
Page 12 of 12
A-1 Wrecker Service
(Company fy,�r�rie)
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Tl�e followiug rules and reg�l�tions will be fol3ovvecl by ALL W�•ecker Companies
apnn aj•rivn� at tlie Auto Pound.
1. Tl�e eiltry gate will riot be blocked by wrecicers waitiilg to enter or exii the Auto
Pouild.
2. No wrecicer s11a11 enter the Auia Poluld with more tl�an one {1) person/aperator,
unless au�horized by the oi1 duty sl�if� stl�ervisor. This will be done on a case by
cas� basis.
3. Far safety �-easons, a Car Caz�-ier will be required to off load tlieir cai-ga wk�en
possible. TIZis shall be deternuned Uy tl�e on duty supeivisor.
4. 7nveiltories shouid be handled in a�i expeditio�is manner when possible. However,
Auto Pound �ersoi�nel are required ko do a complet� and }�reeise ii�ventory of all
property and velucles. A speciiic tuiie fiame would l�e iznpossible to u�stihite.
5. No wrecker dziver/o�erator will assist wit11 any inventory being conducted by
Auto �ouz�d persoi�lei.
6. The use of Car Cailiers, extra time, extra equipnient, etc., shall be subject to
appraval i�y ilie Wrecker Administrator ar Atito Pound Supervisor.
7. Wrecicer drivers/operators/owr�ers shall be r�quired to follow a�y diz•ections or
instructia��.s gi�en by Auto Pound personnel.
8. Wrecicer Co�ii�ar�y Owners shall assist aizd comply with any investigation
per�'on�.ied by Auto PaLu�d �ersonnel or t1�e Fort Worth Police Departme�t in.
regards to their company, dri�er, operator and ar business withoLtt hesitation.
9. Violatioils of any aF the aUo�e i-ules shall be sul�ject ta xeview by tl�e Wrecker
Adinii�istrator or Auto Pound Supervisor.
The Auto Pound Supez`visor or a l�igl�er level of cominai�d inay detenuine
discipliilary �.ction Lip to and incltrdax�zg tei7i�inatiai� of coiltract.
C'it`y of'1�'ori T�i�o�th, T'exacs
���� �n� ��c���;Q ���r��n;���t���m
�/aTE f�E�'�R�NCE NUMBER LOG NAM� PAGE
4181a3 �A� ���� 35TOWS 1 of 2
sug��c�r SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
GONSENT TOVVING 4� WRECKED OR ABANDONED VEHfCL.ES FR�M MUL.TIPLE
VENDORS REQUIRED BY C[TY ORDINANCE FOf� THE POLICE DEPARTMENT
RECOMMENDATlON:
It is recommended that the City Cauncil:
1. Authorize contracts for Police Department requested nan-conse�t towing of wrecked or abandaned
vehicles fram �nultipfe uendors as required by S�ction 34-181 of t�e Code of the City of Fort Worth
{1986), as amende�; and
2. Autharize the contracts ta begin April 8, 2003, and expire September 30, 2003, wi�h options to
renew for four a�ditional one-year periods; and
3. Adopt the aitached supplementaE appropria�ian ordinance increasing es#imated receipts and
apprapriations by $446,944 in the Gerteral Fund from available funds.
D15CU5SI�N:
5ectian 34-181 of th� CQde af the City af �ort VVorth (1986), as amended, requ�red that a[I police
department, non-consent tows, shall be undertal�en pur5uant to contract, specifically executed between
the Gity and a wreck�r company. The Public Saf�ty Gammittee extensiuely reviewed the new rates and
unanimously approved this recommendation on March 25, 2flQ3.
There are three types af contracts and rates as fallows:
o Sfandard tow trucks $100
o Tilt bedlrollback tow trucks $125
o Tandem tow trucks $180
Contracts will be executed with any vendor desiring to pertorm non-consent tows for t�e Police
Depar�ment, if they meet the cantract requirements such as towing operations being the �endors
primary business, equipment specifications, insurance, a�d a locafly licensed storage facility�.
The fees far services to be pro�Edad and assignmer�# ta one of four zones are the same as contained by
City Code. The estimated expenditure far these services is $�.8 milfion per year including the
anticipated increase (of $446,944) #or th� remainder af th� fiscal y�ar based on the revEsed rates. This
increase will be offset by re�enue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed far up to four successive one-year terms at
the City's option. This action daes not require specific City Councii appro�al provided the City Council
City o, f�'o�t Wortlz, T'eacas
���� ��d �.���tc�( �c����n����t���
�ATE F2�F�RENC� NUMBER LOG NAME PAGE
4/8103 ��� g�44 35T�WS 2 of 2
sue�ECT SUPPLEMENTAL APPROPRIATlC}N �RDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MUL.TIPLE
VEND�RS REQUIRED BY GITY QRDINANCE �OR THE POLICE DEPARTMENT
has apprapriated suffic�ent funds to satisfy the City's obligafion during the ren�wal term.
FISCAL INFORPVfATIONICERTIFICATION:
The Finance Director cer#ifies that upan appro�al and complefion ofi the above recommendations and
the adoption of the attached supplemental appro�riation ordinance, fiunds will be available in the current
operating budget, as appropriated, of the Genera[ Fund.
LW:r
5ubmitted for City Manager's
Ofiice by:
�ibby Watson
Originating llepArtment Head:
Ra1pEi Mendaxa
Additional Information Contact:
Susan Aianis
I FU1�D I ACCOUNT I CEiYTER
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I GG01 539120 0353�#D3
61 S3 I GG41 462624 03534a3
4$386 � (fram)
GGa9 539120 �353403
�
78262 �
AMOIJIY'C'
$44B,944.00
$448,944A0
$446, 944.00
CITY SECRETARY
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f APPROVED 04/08/43
I ORD.# 1SS17