HomeMy WebLinkAboutContract 28599f �
�IiY �����iA���
��NiF�AC�' �. _ ���C�.
CONTRACT FOR T�W TRUCK SERVICE
(TANDEM AXLE)
WHEREAS, the City of Fort Worth occasionally requires the services af
tow trucks; and
WHEREAS, sUch fow truck services are necessary to protect the safety of
the citizens of the City of �or# Wor��,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of For� Worth, hereinafter referred to as "City", acting herein by
and through Libby Watson, its duly authorized Assistant City Manager, and
Thomas Towinq Inc., hereinafter referred fo as "Cflmpany", acting h�rein by and
through J. D. Thomas, its duly authorized Presider�f, agre� as follows:
�.
SERVICES
City hereby cantracts with Company to provide police pull towing service.
As used herein, "police pull" shall mean fhat the Fort Worth Police Department
has calied Company from the ratatian list ta either remave a wrecked or disabied
vehicle or to remove a vehicle in a safe driving condition, but the owner is not
present, able or permitted to drive or to ma�te authorizations.
2.
��
The initial term af this contract shalf expire on Se�tember 30, 20a3. In
addition to the initial term of this contract, there shall be faur options to renew for
�erms of one year each, unless eariier terminated as hereinafter provided.
Renewal shall occur upon City, including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company providing proof
of insurance to City.
3.
COMPENSATION AND PAYMENT
3.1 Campensation. As compensafiion for prov�ding the services
contemp[ated by this Cantract, City agrees to pay Compar�y �,��a�;�UUU�� .� '
, ��i
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a) Towaqe. A charge of One hundred eighfy Dollars ($180.OD) per hour
for towing such vehicle from one poinfi on a street to anather location
within the corporate limits af the city as directed by fhe police
department at the place where the tow originated. The minimum
charge shall be for one hour; after the firsf hour, time shall �e billed for
in increments o�f fifteen (15} minutes, at a charge of $�45.OQ per
increment.
b) Second tandem axle tow truck. In fhe event the police officer at
the scene determines thaf a second tandem axle tow truck is required,
a charge ofi One Hundred eighty dollars ($180,00} per hour billed in
increments of fifteen (15) minutes while at the scene of the �o[ice �ull,
with a minimum charge for one hour, at a charge of $4�.00 per
incremenf. Travel time is excluded.
c) Reimbursables. In the event Company is required to rent equipmenf
or other materials specifically related to a�o[ice pufl as directed in
writ�ng by a police sUpervisor at tF�e scene, Company shal� be
reimbursed the actual cost incurred plus fifteen percent {15%).
Charges und�r this subpara�raph are subj�cf to fi�� review and
appro�al of a police supervisor.
d) Extra help. An additional charge of twenty dollars �$20.00) per
man per hour, with a minimum charge af four (4) hours, when
authorized in writing by a police supervisor at the scene of the �olice
pull.
e) Air cushior�s.
1.) Regular cushians - A charge of one hundred-fifty dollars ($150.a0)
per hour per cushion, with a minimum charge of one haur. After the firsf
hour �illing shal[ be in increments of fiftesn {� 5) minUtes.
2.) Tanker cushions - A charge pf faur hundred dollars ($400.OD) per
hour per cushion. Af�er the first hnur billing shalf be in increments of
fiffeen (15) minutes.
Tanden� Wrecicer
Psee 2 oC 12
�
� s
3.) Prior approval by a poiice supervisor af the scene of a police puil is
required for the us� of air cushions.
f) Handlinq hazardous maferials. When the cargo of any motor
��hicle or trai[er �ncludes explosive, nuclear, radioactive, hazardous or
corrosive materials, as d�fined by the Environmental Protection
Ageney, Texas Department o# Transportation, or the Texas Natural
Camm�ssion on Environmental Quality, a fee equal to one hundred-f�fty
(15a) percent of the cnarges incurred under subparagraph "a" above.
g) Tractor, hvdraulic tilttaii, lowbo�, other specialized eauipment. A
charge of one hundred eighty dollars ($180,fl0) p�;r hour, billed in
increments of fifteen (� 5} minutes, with each increment b�ing charged
as $45.00 per increment, a� authorized in writing by a police
supervisor at the scene of th� polic� pu11. The p�lice supervisor shall
sign the wrecker selection form.
h} Nothing cantained herein shall be construed so as to obligate �Ci#y to
expend any sums of money except for servic�s actually rendered.
Further, nothing contained herein shall be construed sa as to
guarantee to Company that City will contact Company for any towing
s�rvices cantemplated by this Contract.
3.2 Invoicinq and Pavment. Campany shall Invoice City once per monfh.
Company shall includ� with fhe invoice such documents as may be reasonably
requested fo provide evidertce of the services provided to the City, whici� at a
minimum shall include copies of the wrecker selection form signed by the officer
at the scene of the police pull andlor persannel at the Fo�i Worth Auto Pound.
Such invoice shall �e subject to the review and approval of apprapriafie City
p�rsonnel. Gity shall remit payment to Com�any not more fi�an fY�irty (30) days
following approval af invoice.
3.3 Campensation Review. City shall review on an annual basis the
compensation provided for hereunder, with the first such review to �e cond�cted
during the month af August 2003. Similar reviews shall occur in August of each
succeeding year that this contract is in eff�ct. City shall make adjustments in the
Tanclem Wracker 3
Page 3 of l2
, ,
campensation based upon increases or decreases in the cost of doing business,
taking into consideration fuel, insurance, labar, and sucF� other cosfs as may be
relevant to the aperation of a fowing business.
4.
VEHICLE AND EQUIPMENT REQUfREMENTS
Campany shall maintain at all times fi�e followir�g vehicles and e�uipment
in woricing condition:,
a) A minimum of ane (� } fandem axle (heavy duty} wrecker rated af nof less
than 26,OOQ gross vehicle weight, equippe� wif� a power winch and winch
lines with a boom r�ated at r�ot less than 50,000 paund lift ca�acity.
b) At a minimum, all wreckers shall b� equi�ped wit� the following equipment,
which at all �imes shall be maintained in working order:
1) Tow bar
2) Towing lights
3) Emergency ov�rhead warning lights (red or amber color only}
4) Safety chain
5) Fire extinguisher, A. B. C. type
6) .Wrecking bar
7) Broom
8 ) Ax
9} Shovel
� 0) Reflectors or traffic cones
� 1) Trash container
12) Two way vaice or computer communication between tow truck and
Company dispatcher
� 3) Backing warning signal
14) Whee� chocks
15) Traf�ic cones
c) Each wrec�cer shali haW� the identify�ng markings required by the Texas
Transportation Code, section 642.002. In addition, each wrecker shall provide
Notiee of Complaint Procedures to the owner of a towed vehicle as outfin�d by
Tandem Wreciceo� 4
Page 4 of 12
the Texas Department af Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required equipment shall be inspected by the Chief of
Police or his authorized desigr�ee prior to being used for services cantemplated
by this contracf. In addition, each taw trucf� and the required equipment shall be
subject ta intermittent jnspection ta assure com�liance with this contract.
5.
INSURANCE REQUIREMENTS
Company shail maintain insurance from insurers accepfable to City in the
following types and amounts:
5.� Cammercial General �.iability
$'f ,DOO,ODO each occurrence
$1,000,000 aggr�gate
or
Garage �iability
$1,000,00.0 each accident, other than auto
� $1,000,000 aggregate
5.2 Automolaile Liability
$1,000,000 each accident, combined single limit
Ti�is coverage shall include all vehicles owned or nan-owned that are
operating under Company's operating autharity,
5.3 CargolOn�Hook
$50,000 per unit
Coverage sha[1 include bofh the unit b�ing towed and its contents.
Units co�ered shall includ� but not be limifed to mator vehicles,
traifers and boats. Cov�rag� shall be written on a direct primary
basis.
5,�k GARAGEKEEPER'S LIAB[LITY
$50,OQ0 p�r unit
5.5 Worker's CompensationlAccident Insurance
Tantlem Wrccl<cr
E'age 5 of [ 2
5
Coverage shall mest the minimum reguiremenfs of state law as
contained in the Motor Carrier Rul�s and R�gulations.
5.6 Current insuranc� certificates shall remain on file with the City during the
term of this Contract. Insurance coverages may, at fhe sole discretion of fhe City,
be revised upward upon thirty {30) days prior written notice to Company. Policies
shall be endorsed as follows:
a) The City, its officers, employees and servants shall be endorsed as an
additiona[ insured on all policies except employer's lia�ility insurance
coverage under the workers' com�ensation insurartce policy.
b) Certificates of ins�rance shall be delivered fo the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102,
priar to any work being performed under this cor�tract.
c} Any failure on part of the City to requ�st required ins�aranc�
documentation s�all nof consfitute a waiver of the insuranc� requirements
specified herein.
d} Each insurance policy shall be endorsed to provi�e the City a minimum
thirty days notice of cancellation, non-renewal, andlor material change in
policy terms or coverage. A ten days natice shall be acceptable in the
event of non-payment of premium.
�) lnsur�rs must be authorized to do busin�ss in the State of Texas and
have a current A.M. Best rating of A: VII or equivalent measur� of financial
strength and solvency.
f) Deducfiible limits, ar self-funded refention limits, on each policy must not
exeeed $10,OOO.QO per occurrence unless otherwise approved by the City.
g) �ther than worker's compensation insurance, in fieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. T}�e City must approve in writing
any alternative coverage.
h} City shall not be responsible for the direet payment of insurance premium
costs.
Tande»i Wrecl<er 6
PageGofl2
i} 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 shali not �e called upan to contribute to lass recavery.
j) Company shall r�po�t, in a timely manner, fo City's officially designated
contract administrator any knawn lass occurrence which could give rise ta
a liability claim ar lawsuit or whicn could result in a pro�erty 1oss.
k) Company's liability shall not be limifed ta the specified amounts of
insurance required herein.
I} Upon the request of City, Company sf�all provide complete copies of all
insurance policies required by these contract documents.
�.7 In the event a state or federal law, rule or regulation pertaining to wr�cker
service companies operating within the State of Texas exceed ir�surance
reqUirements s�ecified nerein, such state or federal law, �u[e or regulation shall
prevail for the resp�ctive type of insurance caverage an�lor limit thereofi.
6.
DUTIES AND RESPONSIB1LiTIES OF� COMPANY
Company, during the term of this contract, shall perform the following duties
and have the fiollowing responsibiliiies:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a} and 4(b) abave.
"Primary business" shall mean that Company receives more than fifty per-
cent (50%) of it grass revenues from the towing of vehicles and trailers. AIl
of company's recards sl�all be open to reasonable inspection, both at the
fime of �xecufion of this agreement and af any time during the term hereot,
to verify compliance with this condition.
b} Mainfain a currently licensed vehicle storage facility located within the
corporate limits of the City. "V�hic[e starage facility" shall mean a facility
operated by a person licer�s�d under Ar�icle 6687�9a, Revised Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
Tandem l�recl<er '�
Page 7 of ] 2
d) R�spand to all calls contem�lat�d by this contract within forty-five {45)
minutes ofi notificatio�t, except in �xtraordinary situations where delay is
caused by ice, snow or other weather related conditions. In t�e event
Company fails to respand as required, City may notify another wrecker
company and Company 5hall not be enfitled to the compensation to whicF� it
woufd have been entit{ed had if arrived timely.
ej Maintain on fiEe with the City the name of the awner, president or chief
executiv� officer, business address and teiephone number; further,
Campany shall notify th� 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) D�liver the motor ve�icl�; being towed to the location within the corporate
lirnits of City designated by the �olice officer at the scene of fhe pu1l.
Delivery shall be made without delay or detour.
g) Fully cooperate with a�y investigation conducted by th� City regarding
eomplainfs against Company, whether or not such complaints arise aut af
services contemplated by this Contract.
h) Shall not become delinquent in the payment of any taxes due �o City.
i) Sha1i not go to any accident scene unless tne Company has been called to
the scene by the owner or operatar of a vehicie ar an authorized
representati�e of same, or by the City.
j} Completely remove all debris resulting from any accident to which the
Company is responding. R�mova[ of debris shall not be considered
complete by merely sweeping it to the curbline.
k) Shall not solici# any wrecker business within the corporate limits of City at
the scene of a wrecked or disabled ve�icle, regardl�ss of whether fhe
solicitatian is far the purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
h) SY�a11 only employ drivers of tow trucks authorized to o�erate same.
Tandem wreekei• g
Page 8 of l2
i) Provide Police Auto Poun� personnel with an invoice at the time the towed
vehicle is delivered- to the Pound together with a signed wrecker selection
form �rovided by.the palice officer or supervisor at the scene of the palice
pull.
7.
TERMINATI�N �R SUSPENSiON
7.1. This contract may be t�rminat�d or suspended by City for any of the
�allowing causes:
a} Violation of any term andlor candition specified in this contract.
b} Failure to notify the Communications Division of the Police Department
within fifteen (� 5) minutes from the time of notification if the Company will
be unable to respond within the forty-five (45} minutes allotted fior a
respnnse to a wrecker call.
c) Permitting a taw truck to be operated by anyone while under the influence
af alcohal andlar drugs.
d) Permitting a�ow truck ta be operated by anyone whose op�rator's license is
suspended.
e) Transferring or assigning any cal[ for service to any other company
f) Any sustained complaint of iheft by personr�el of Company while acting in
their capaci�y as empfoyees o# Company, whet�er occurring during a police
�ull or otherwise.
g) Any sustained complaint of threats made by personnel of the Company
wn31e acting in their capacity as employees of Com�any made against third
parties during a police pull ar otherwise.
h} Failing ta comply with all directions of police personnel at the scene of a
police pull or civilian ar palice personnel at the Police Auto Pound.
Com�any may request a palice su�ervisor io validate any such dir�cfian
gi�en.
i) Failure to comply with any state or federaf law or city ordinance refated to
the aperation of a wrec�Cer company.
Tandcm Wrcckcr C�
Page 9 of� 12
j) Five (5j passes withir� a thirty (30) day periad. Pass in fhis paragra�h shall
mean Company failing to notify the City of its inability to respond to a
reqUest fior service as required by paragraph 2 above.
k) Ten (10) passes within a thirty {30) day period. Pass in this paragraph shall
mean a Company notifying the City of its inability fo respond �o a re�uest for
service as required by paragraph 2 above.
I) Violation of any rule or regulation contained in Exhibi# "A" attached hareto.
7.2 Cify 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
have the rignt to request a hearing before the Chief of Police or nis desigr�ee
regarding the intent to ierminate ar suspend for ca�se �y requesting a hearing in
writing within five (5) business days after receipt of notice of inter�t to terminate or
suspend. A hearing shall be canduc�ed within fifteen (15) days of the request for
hearing. The City, in its sols discretion, may temparariiy suspen� this contract
during any appeals process.
i.3 In fhe event fhis contracf is suspended for cause, the suspension shall be
for a p�riod of tim� of not fess than six (6) months nor more than twelve (12}
months.
7.4 In the event City suspends or terminates this canfract for cause, and the
cause for such sus�ension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this cantract. Company expressly waives
any and all rights ta manetary damages, including but not limited to actual and
punitive damages, court costs and attorney's fees,
8.
1NDEMNIF�ICATION
With regard to any lia�ility which might arise hereunder, City and Cam�any
agre� that they shall 6e solely and exclusively liable for the negligence of its own
agents, servants, subcontractors and emplayees and that neither party shall look
to the other parky to save or hold it harmless fior the consequences of any
negligenc� or� the part of one af its own agenf, servant, subcontractor or
"Ca��dem Wrecker I a
Page ]0 of 12
employee. Notl�ing contained herein shall be construed to be a waiver by City of
any right of protection that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Cont�act or any porkion
�er�of to any party without th� prior written cans�nt of City that shall not be
unreasonably. Any st�ch assignment, fransfer or subletting of this Contract shall
be void and shall operate as a terminatior� hereof.
�0.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parkies hereto that Company shall
perform alI work and setvices }�ereunder as an inde�endent confractor, and not as
an officer, agent, se�-vant or employee of the City. Company sha11 have exclusive
control of and the excl�sive right to control the details of the work or service to be
�erFormed hereur�der, and a11 persons per�orming same on behal� ofi Company,
and shall b� sol��y responsible for the acts and omissions of its afficers, agents,
servants, employees, contractQrs, subcontractors, licensees and invitees. The
doctrine of respondeat superior shall not ap�ly as between the City and Company,
its officers, agents, servants, employees, contractors and subcontracfors, and
nothing herein shalf be construed as cr�ating a partnership or joint �enture
between the parties hereto.
In witness whereof, the par�ies hereto have executed this Confract an the
��`�'' day of ,�. � 1�,n , 20C�.
�
Tandem WreCker
1'age 11 of [2
II
� , 3 •- J -- � � ; �,� �rlf ,
Contrac� Aut}�ori�at�.on
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ATTEST:
A
���
�GI ia Pearson �
City S�crefary
APPROVED AS T� F4RM
ANC] LEGALI Y
Assistant City Attorney
ATTEST;
Corporafe Secretary
Tandem Wrccker �2
Page 12 of 12
CITY OF,�ORT WOI�TH
B�" .:�T i C ��
Libby Vl,f�tson
Assistant City Manager
Thomas Towina lnc.
(Company iVame)
P�,
�Y + - - ,
�: D. Thom�s, President
' ��s=�'� 4�f����� �
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T�ae �'o�lav���g �-��es ar�� re��D��icr��s ;�iii �ie �ofl&or�r�d �y �.,�, �� ����r� ��a�p�nnes
upa� �r�-ival �t ti�e A�a�o �os�nd.
1. The e�try gate will not l�e biocked Uy wreckers waiting to e��.ter or exit tha Auto
Polu�d.
2. Na vv�ecicer sha11 e�ter tlle Aufio Pound wiil� moa�e tl�a�i on� (1} �e�sonloperator,
tu�less authorized by tl�e olx duty sluft supervi.sor. This will be done on a case by
case bas�.
3. For safety reasons, a Caz' Ca�rier wil� be requi�ea to off load tl�eir cargo v�h�n
}�asszb�e, Thzs shall Ue deternzined l�y t�ae an duiy supervisor.
4. Inveiltories sllotil.d 1a� hal7dled ui an ex�editiaus inanner when possible. Howe�er,
Auto PoLuzd perso��uel axe requued to do a complete a�zd precise iilveiitory of all
property and velucles. A specific iime fraz�.ae would Ue iiz�possible to insiitui�.
5. No wrecicer driver/o�erator will assist with �.zy i��ventaiy being coilducted �y
Auto Pou.nd �ersor�zel.
6. T11e use af Ca.r Canier•s, ext�a tin�e, extra equi�a�11ei1t, etc., sl�all Ue subject to
approval �y tlze Wreelcer Adnli�ustrator or Auto Potuid Supeivisor.
7. Wreclfer driv�rs/operators/owi�ers s]�all be zec�uired to folIow auy direciions or
iristructiaz�s givez� Uy Auta Pouild personnel. �
8. Wrecker Conl�alay Ow�.ers shall 75515t and coil3ply with a�1y investigation
perforuted Uy Auto Pound persovnel ar �lie Fort Wo�-tli Police Depart�.neni ifl
regards to their compa��y, da-iver, operatar and or business without la.esitation.
9. Violatioils of any af the above i`ules s11a11 be subject to review l�y the Wrecker
Adnlinis�iator or Auto Pou�zd. Supeivisor.
T�ze Auto k'ound St�pervisor or a Liig�ler level o� coinmand i13ay c�eten�ine
disciplinary actioiz up to aiid includi�g tei-u2i.isaiion o�'coiltracf.
�`ity o�Fo�t Y�o�th, T'exas
���� Ar1� �����`�� ����'1l��1�A�7�►fl
�ATE REFERENCE NUMBER LOG NAME PAGE
4I8103 ��� ��q�� 35TOWS 1 af 2
sueJ�c�r SUPPLEMENTA� APPROPRIATI�N ORDINANCE AND CONTRACTS FOR NON-
C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDQRS REQUIRED BY CITY ORDINANCE FOR THE P�LICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Councii:
�, Authoriz� contracts far Palice Department requested� non-consent towing of wrecked or abandaned
vehic[es from multiple vendors as required by Section 34-181 of the CQ�e af #he City Qf Fort Warth
{1986}, as am�nded; and
2. Autharize the confracts to begin April 8, 2003, and expire September 3a, 2�03, with optEons tv
renew far four additional one-year periods; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriafions by $446,944 in the General Fun� from a�ailable funds.
DlSCUSSION:
Section 34-181 of the Code af the City of Fort W�rth (1 S86), as amended, required �hat ail police
department, nan-cons�nt tows, shall b� undertaken pursuant to contracf, specifically executed between
the City and a wrecker company. The Public Safety Committee extensively reviewed the new rates a�d
unanimaus�y approved �his recommendation on March 25, 2Q03.
There are three types of cantracts ar�d ratss as fal�aws:
• Standard tow �rucks $� OQ
• Tilt bedlrollback fow trucks $125
• Tandem tow trucks $180
Contracts will be executed with any �endar desiring to p�rform non-cons�nt tows for the PolEce
Departmenf, if they meet the contract requirements such as towing operatians being fhe �endors
primary business, equipmenf specifications, insurance, and a iacally license� storage facilify.
The fees for services to be �rovided and assi�nmenf to one of four zones are the same as contai�ed by
City Cade. The �stimated expenditur� for these services is $1.8 million per year including the
anticipated increase (of $446,944) for the remainder of the fiscal year based or� the revised rates. This
increase will 6e offsei by revenue callec�ed as fees_
RENEWAL OPTIONS - These contracts may be renewed for up ta faur succ�ssi�e on�-year terms at
the City's option. This actfon does not require specific City Councif approval provided the City Council
�`i ty of ' �'ort �ortli, T''exas
�1���r A�d ���i'1c°�d ��i1mu��1�A�°��r�
DATE REFERENC� NUMBER LOG NAM� PAGE
418103 �d� g�4�4 � 35T�WS 2 of 2
SUE3JECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND C�NTRACTS FOR NDN-
CONSENT TOWING OF VIfRECKED �R ABANDONED VEHICLES FROM MULTIPL�
VENDORS REQUIRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT
f�as apprapriated sufficient funds to satisfy the City's obligation during the renewal term.
F[SCAL INFORMATI�NICERTI�ICATION:
The Finance Direc#or certifies that upon approval and completion af the abo�e recommendatians and
the adoption of the attached supplementaf appropriation ordinance, funds will be a�ailable in the current
operating budget, as appropriated, of the General Fund.
�►i�A�
Subroitted For City Mxnager's
Office by:
Libby Watson
Originating Department Head:
Ralph Mendoza
Additiona! inf4rmation Conts�ct:
Susan Ala�iis
FU1VD � ACCOUNT I C�NTER
{to}
GG01 539120 0353403
6I$3 GG�1 462624 a353403
48386 {from)
GG01 539'i 20 0353403
78262
AMOUN'�`
$4�45,944.�D
$446,944.OD
$446,944,00
CITY SECRETARY
APPROVED 04/48/43
ORD,# 15517