HomeMy WebLinkAboutContract 28600C; 'R
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CONTRACT FOR TOW TRIJCK SERVICE
(T1LT BEDIROLL BACK)
WHEREAS, fhe City of Fort Worth occasiona[ly requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY TH�SE PRESENTS:
The City of Fort Workh, hereinafter referred to as "City", acting herein by
and through Libby Watson, its duly authorize� Assistant City Manag�r, and
American Taw & Auto Repair , i��reinafter referred to as "Company", acting
�erein by and through Ken El�Comaus, ifs duly authorized Owner, agree as
follows:
�.
SERVICES
City heraby contracts with Company to provide police pull towing service.
As used herein, "police pull" shall mean that the Fart Workh Police Department
has called Company from the rotation list to either remove a wrecked or disabled
vehicle or ta remave a vehicle in a safe driving conditian, but the owner is not
present, abls or permitted to drive or ta make autharizatians.
2.
TERM
The initial term of this contract s�tall expire on September 30, 2a43. In
additior� to �he Enitial term ofi ti�is cor�tract, there shall b� four options to renew for
t�rms of on� y�ar �ach, unless earli�r terminated as �ereinafter �rovid�d.
Rehewal s�all occur upon City including in ifs budget for th� options years
sufficient funds to pay for its obligatians hereunder and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Compensatio�. As compensation for providing the services
contemplated by this Contract, Cify agree�s ta pay Company as follo�v�f�����,��� ����l�I'�U
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a} Towaqe. A charge of one hundred twenty five dollars �$125.00) for towing
such vehicle from one point on a street to another locafion within the
corporate limits of the city as direcfed by the police officer at the place wher�
the tow originated; such charge includes one-haEf hour of Exfra Work. In the
event Company responds to the scene af a police �ull with a tilt bedlroll back
truck w�en the police pull could have been accomplished with a standard tow
truck, Company shall be entitled to the reduced charge of �ne hundred
dallars ($100.00).
b) Second tow vehicle. In the event the police officer at the scene determines
that a standard tow vehicle is r�quired in addition to the tilt bedlroll back
truck, a charge of One hundred Dollars ($100.00) per hour, with a minimum
charge of one hour, bi�led in incrEments of fifteen {15) minutes while at the
scene o� the police pull. A police supervisor shall approve the use ofi a
second tow truck. Travef time is �xclud�d.
c) Extra work. An additional charge of One hundred dol{ars ($100,a�) per
hour, with a min'imum charge ofi one hour, charged in incremenfs of fifteen
{15) minutes, for removing ve�icles that are off the street right-of-way, such
charge to be made from f�e time the operator begins ta r�move the vehicle
until it is on the traveled portion of the street. Even thoU�h the vehic�e is
within the street right-ofi-way, an additional charge may be made if the vehic[e
is locat�d in some unusua[ condition w�thin the right-of-way, such as, but not
limifed to, a river or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shalf only be allowed when authorized by a palice officer
at the scene of the pul[. The charges for such extra work shall be reviewed
and approved by the Aufo Poun� Wrecker Administrator. Extra work
excludes travel time, waitir�g tim�, and clean-up time.
d} Handlinq hazardous materials. When fhe cargo of any motor vehicle or
trailer includes explosive, nuclear, radioaciive, hazardous or carrosive
materials, as �efined by the Environmenta[ Protection Ag�ncy, Texas
Depar�ment of Transportation, or the Texas Commission on Environmental
Quality, a fee equal to ane hundred-fifty (150) percent of the charges
Ti]! Wrcdcer 2
Yage 2 of 12
permitted under subparagraph "a" abo�e. In addition, a charge may be made
for expenses incurre� related to protecti�e clothing and any other supplies or
equipment used in han�lin� such materials, such charge being equal to the
actual amounts incurred plus fifteen (15} percent.
e) Nothing cantained herein shall be construed so as to obiigate City to �x�end
any sums of money except far work actually perFormed. Further, nofhing
contained herein shall be construed so as to guarantee that City will contact
Company for any towing s�rvice contemplated by this Contract.
3.2 Invoicinq and Pavment. Cflmpany shall lnvoice City ance per monfh.
Company shall include wifh the invoice such documents as may l�e reasonably
reguested to provide evidence of th� services pra�ided to the City, which at a
minimum shall include copies of the wrecker selection form signed by the offic�r
at tY�e scene of th� police pull andlor personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to th� review and approval of appropriate City
personnel. City shall remit payment to Company not more than thirty (30) days
following aPproval af invoice.
3.3 Camp�nsation Review. City shall review on an annual basis the
compensation pro�ided for hereunder, with the f�rst such r�;view to be conducted
during the month of Augusf 2003. Similar reviews shall occur in August of each
succeeding year that this contract is in effect. City shall make adjustments in the
campensation based upon increases or d�creases in the cost af doing business,
taking inta cansideration fuel, insurance, labor, and such other cosis as may be
relevant ta the operation of a towing business.
�.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall mainta[n af all times the follawing vehicles and equipment
in working condition:
a} A minimum ofi one (1 } tilt bedlroll back dual rear wheel wrecker rated at not
less than 14,000 pounds �rass v�hicl� weight.
b) At a minimum, all wreckers shall b� e�uip�ed with the following equipment,
which at afl times shall be mainfained in working orde�:
Tilt Wrecicer
Page 3 af 12
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1)
2)
3}
4)
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6)
7}
8}
9)
� 0)
11)
12)
13}
14)
15)
Tow bar
Towing lights
Emergency overhead warning lights (r�d or amber color anly}
Safety chain
Fire extinguish�r, A.B.C. Type
Vllrecking bar
Broom
Ax
Shovel
Reflectors or trafific cones
Trash cantainer
Two way voice or computer communication between tow truck and
Company dispatcher
Backing warning signafs
Wheel chocks
Traffiic cones
c) Each w�ecker shal[ have the identifying markings r�quired by the Texas
Transportation Code, section 642.Ofl2. In addition, eacf� wreckar shafl provid�
Notice of Complaint Proc�dures ta the owner of a tow�d vehicle as outlined by
the Texas Deparfinent of Transportation Rules and Regulations as contained in
43 Texas Administrafi�e Code, Chapter 18, stabchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required �quipment shall be inspected �y the Chief of
Police or his autharized designee prior to being used for services confemplated
by th�s contract. In addition, each tow truck and fhe required equipment shafl be
subject to intermittent inspection to assure compliance with this contract.
Tilt Wreckar
Nage 4 of l2
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�.
INSURANCE REQUIREMENTS
Company shall maintair� insurance of the following types and amounfs from
ins�rers acceptable to the City:
5.1 Commercial General Liability
$500,000 each occurrence
��aa,�00 aggregate
.�;
Garage Liability
$500,Q00 each accident, other than auto
$500,000 aggregate
5.2 Automobile Liability
$500,Ofl0 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned fhat are
operating under Company's o�erating authority.
5.3 GargolOn�Hoo�
$3�,QQ� per unit
Cov�rage shall include both t}�e unit being towed and its contents.
Units covered shall includa but not be limited to motor vehicies,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIA�ILITY
$3�,00� per unif
5.5 Warker's CompensaiianlAccident lnsurance
Coverage shall meet the minimum requirements of state law as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificates shall remain on file with the City during the
term of this Contract. Insurance coverage may, at the sole discretion af th� City,
be revised upward upon thirty (30) days prior written notice to Company. Policies
shall be endorsed as follows:
TiVI Wreckcr
I'age 5 nl' 12
5
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a} The City, its officers, employees and servants shail be endorsed as an
additional inst�red on all policies except em�loyer's liabiliiy insurance
coverage under the workers' compensation ir�surance policy.
b) Cer�ificates af insurance shall be delivered to the supervisor of the City of
Fort Worth Auto Poun�, 1301 E. Norkhside Drive, Fort Workh, TX 76102,
prior to any work being �erformed under this contract.
c) Any failure on par� af the City to request required insurance
documentation shall not constitute a waiver ofi the insurar�ee requirements
specified i�erein.
d} Each insurance policy shall be endorsed to pro�ide the City a minimum
ti�irty days �otice of cancellation, non-renewal, andlor material change in
policy terms or coverage. A fen days notice shall be acceptable in the
e�ent of non-payment of pr�mium.
e} Ir�surers must be authorized ta do business �n the State o� Texas and
have a currenf A.M. Best rating of A: VII or equivalent m�asure of financial
strength and sol�ency.
f) Deductible limits, or self-funded ret�ntion limits, on �ach policy must not
exceed $10,000.00 per occurrence unless otherwise ap�roved by the City.
g) Other than worker's compensation insurance, in lieu of traditional insurance,
City may conside�- alternative coverage or risk treatment measures through
insurance poals or risk retention groups. The City must approve in writing
any alternative coverage.
h) Warkers' compensation insurance policy(s) covering employees shall be
er�dorsed with a waiver of sUbragation providing rights of recovery in favor
of the City.
i) City shall not be responsib[e for th� direc# �ayment of insurance premium
casts.
j) Insurance polici�s shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage
maintained by City shall nat be cal{ed upan to confribute to loss recovery.
Tilt Wrecker
Page C of l2
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k� Company shal[ repor�, in a timely manner, to City's officially designated
contract administrator any known loss occurr�nce which could give r�se to
a li�bility daim ar lawsuit or which could result in a praperty loss.
I) Company's liability shall not be limited to the specified amounts of
insurance required herein.
m) Upon the request of City, Company shall provide complete copies of a11
insurance policies required by these contract documents.
5.7 In the event a state or fe;deral law, rule or regulation pertaining to wrecker
service companies operating withir� the State of Texas exce�d insurance
requirements specified herein, such state or federal law, rule or regulation shall
prevail far the respective type of insurance coverage andlor limit thereof.
[�
DUTIES AND RESPON5IBILITIES OF COMPANY
Company, during the t�rm of this contract, shall perform the following duties
and have #ne following responsibiliti�s:
a) Main�ain as its primary business the towing of vehicles or trailers by
wreckers m�eting the requirements of paragraphs 4(a) and 4(b) abov�.
"Primary business" shall mean that Company receives more than fiifty per-
cent (�0%) of it gross revenues fram the towing of vehic[es and trailers. All
o�f company's records shall be aper� to �-easonable insp�ction, both at the
time ofi exect�iion of this agreement and at any time during the term hereof,
to verify campliance with ihis condition.
b) Maintain a currently licensed v�f�icie storage facility located witY�in the
corporate limits of the City. "Vehicie storage facility" shall mean a facility
operated by a person under Articie 6687-9a, Revised Sfatutes.
cj Maintain business operation twenty-four (24) hours a day, seven days per
week.
d} Respond ta all calls contemplated by this cantract wii�in thirky (30) minutes
af notification, except in extraardinary �ituations where delay is caused by
ice, snow, or otner weather r�lated conditions. In the event Company fa�ls to
Ti{t Wrecker 'r
Page 7 oF 12
I t
respond as required, City may notify anoth�r wrec�Cer campany and
Company sha{I not be entitled to the compensation to which it would have
been entitied had it arrived timely.
�) Maintain on file with the City the name of tl�e awner, pr�sidenf ar chief
ex�cutive officer, business address and te{ephone number; turther
Company shall notify the City of any change of ownership, president or
chief executive afficer, or change of address within five (5) business days ofi
any such change.
f) Deliver the motor vehicle being towed to the location within the corporat�
limits of City designated by the police officer at the scene of the pull.
Delivery sha11 be made without delay or detour.
g) Fully cooperate with any investigation con�ucted by the City regarding
complaints against Company, whether or not such com�laints aris� out of
services contemplated by this Cantract.
h) Shall not become delinquent in the payment of any fiaxes due to Giiy.
i) 5hall not go to ar�y accident scene unless the Company has been call�d to
th� scer�e by the owner or operator of a vehicle ar an authorized
representative of same, or by the City.
j) Compl�tely remo�e all debris resulting from any accident ta which the
Company is responding. Removal of d�bris shall not be considered
complete by merely sweeping it to th� curbline.
!c) Shall nat solicit any wrecker business within the carporate limits of City at
the scene of a wrecked or disabled vehicle, regardless o� w�ether ti�e
solicitatian is for th� purpose of saljciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicie.
I) Shall only emp[oy drivers of tow trucks authorized to operate same.
m)Provide ti�e Police Pound personnel with an invoice at tF�e time ti�e veF�icle
is delivered to the Auto Paund together with the signed wr�cker selection
form to be provided.
Tilt Wreckee
Page S af 12
E
7.
TERMINATION AND SIJSPENSION
7.1 This contract may be terminated or suspended by the Ci#y for any of the
following causes:
a) Violation of any term or condition specified in this contract.
b) Failure fo notify the Communications Division of fhe Police Department
within fifteen {15) minutes from tY�e time of notification if the Com�any will
be unable to respond within the thirty (30j minutes allott�d for a resportse to
a wrecker call.
c) Permitting a tow truck to be operated by anyon� while under the influence
of alcoho! andlor drugs.
d) Permitting a tow truck to be operated by ar�yane whose operafor's license
is s�aspended.
e) Trar�sferring ar assigning any call for service to any other company
f) Any sustained camplaint of theft by personnel of Company while acting in
their capacity as employees of Company, whether occurr�ng d�ring a police
pull or otherwise.
g) Any s�stained camplaint of threats made by personne[ of the Compar�y
while acting in their capacity as em�loyees of Company made against third
par�ies during a police pull or otherwise.
h) Failing fo compfy with all directions of police personnel at the scene of a
polic� pull or civilian or police personnel at th� Police Auto Pound.
Company may request a paiice supervisor to validate any such direcfion
given.
i} Failure to comply with any sfate or federal faw or city ordinance related to
the o�eration of a wrecker company.
j} Five (5} passes within a thirty (30) day period. Pass in th�s paragraph shall
mean Company failing to notify the City of its inabifity fo respond to a
requ�st for service as required by paragraph 2 above.
Till wrecke,•
Page 9 nl l2
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k) Ten (10) passes within a thirty �3Q) day period. Pass in this paragraph
shall mean a Company notifying the City o� its ir�abi�ity fo res�ond to a
request for service as req�ired 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 writing of its intent to terminate or susp�nd for
cause twenty (20) days prior to such suspension or fermination. Com�any shall
have the right to request a hearing before the Chief of Police or hEs designee
regarding the intent to terminate or suspe�d for cause by requesting a hearin� in
writing within five (5) business days after receipt of natice of intent to terminate or
suspe�d. A hearing shall be canducted within fifteen (15) days of the request for
hearing. Tne City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 In the event this contract is suspended for cause, the suspension shall be
for a periad of iim� of not less than six (6) months nor more than twelve (12)
months,
7.4 In fihe event City susp�nds or terminates this contract for cause, and the
cause far such suspension or terminatian is determined to be invalid, Company's
sole remedy shall be re�ns#atement of this contract, Company expressly waives
any and all rignts to monetary damages, including b�t not limited to actuai and
punitive damages, court cos�s and attorney's fees.,
8.
INDEMNIFICATION
With regard to any liabi{ity which might arise hereunder, City an�.Customer
agree thai they shall be solely and exclusively liable for the neglig�nce of its own
agents, sei-vants, subcor�tractors and employees and ti�at neith�r party shall look
ta the other party to save or hold it harmless for th� consequences of any
negligence on the par� of ane of its own agent, s�rvant, subcon#ractor or
employee. Nothing contained Y�erein sl�all be construed to be a wai�er by City of
any right ofi protection that it enjoys under applicable State or Federal law.
Tilt W'recker
Page ID of l2
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ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party r�vithout the �rior written consent of City thaf shalf not be
unreasonably withheld. Any such assignment, �ransfer ar subletting of this
Contract s�all be void and shall operate as a termination hereof.
10.
ZONES AND ROTATI�N LIST
A. City shall divide the city into four (4) zones that shall correspond to the faur
(4) patrol divisions. Com�any shall be assigned to the zone or an adjacent zone in
which it maintains its principal �laca of business.
B. City shafl create a rotation list within each of the four (4) zones that will
dictate the order in which wr�cker companies are contacted.
C. City may request Company to c�nduct a police pull within any zone, and
Company agrees to use its best effarts #o arrive at the scene of the police pull
within fhirty (30) minutes.
11.
{NDEPENDENT C�NTRACTOR
t is understood and agreed �y th� parties hereto that Company shall
perform all wark and services hereunder as an independent contractor, and not as
an officer, agent, servant or employee of the Gity. Company shalf ha�e exclusive
contral of and the exclusive right to control the details of the work or servic� to be
perFormed h�r�under, and all persons performing same on behalf of Company,
an� shalf be solely responsible for the acts and omissions of its affcers, agents,
servants, empioyees, contractars, subcontractors, iicensees a�d invitees. The
doctrine of respondeat superior shall not apply as between ihe City and Company,
its afficers, agents, s�rvants, employees, car�tracfars and subcantrac�ors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties hereto.
In witness whereof, the parties hereto have executed this Contract on t�e
� 3��� day of , 20�.
Tilt Wrccker
Page l l nf l2
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ATTEST:
� �?�-��-�
��� or' Pearson
City Secretary
APPROVED AS TO F4RM
AND LEGALITY
Assistan'� City Attorne�y
ATTEST;
Corporate Secretary
CiTY C��ORT W,f�ftTH
_ �
By, '
.k�ib�y N(�a,�sor�
Assistant City Manager
,
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C�n�.ract .A�pthor�tzatinn
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American Tow & Aufo
Repair
(Compan ame)
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K�n Elkomous, Owner
TiEI Wre�lcer l�
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E�I�I�IT A
AlUT� P�LJ1tT�]
The followiiig rules and regulatio��s will be followed by ALL Wr+ecker Comp�nies
upon arriv�tl ai the Auto Pou�ad.
1. Tl�e er�try gate will not be bloclted by wrecicers waiting to enter or exit the Auto
pQlil]a.
2. No wrec�cer shall enter ihe Auto Pouild with inare than one (1) �ersoi�/operator,
unless authorized by the on duty shi� supervisor, Ti�is wiIl be done on a case by
case basis.
3. For safety reaso�is, a Car Carrier will be required to off load their cargo when
possil�le. This shall be dele�-mined by the o� duty supervisor.
4. Inventories shoLild Ue lia��dled in an expeditiaus manner wI�en possible. Hor�ever,
Auto Pound persoiuzel are required to do a compl�ta aild precise invezltory of all
property and vehicles. A specific time fraine would b� irnpossible to institute.
S. No wr�cker drive�/operator �ill assist witll auy inventory being condueted by
Auto Pound persomlel.
6. The use of Car Can•iers, extra time, extra equipment, etc., shall be subject to
approval l�y the Wrecicer Administrator o� Auto Pound Supervisor.
7. Wrecicer drivers/operators/owners shaIl Ue required to follow any directions or
inshuctions given l�y Auio PoLind persa�nel.
8. VVrecicer Company Owners shall assist a��d comply with any investigaiian
per�an��ed by Auto Pound persa��nel or the Fort Worth Police Department in
regai�s to their company, driver, operator and or Uusiness without hesitation.
9. Violations oi any of tl�e aUove ililes sl�all Ue s�ibjecl to revie�w Uy khe Wrecker
Admiiustrator or Auto Pound Strpervisor.
The Auto PoLrnd Supervisor or a higl�er level of coinmand may deiermine
discipli�iary action t�p to and irlclt�din� tenninatioia of cantract.
�'ity of �'o�t �orth9 Texas
1�1��� #�1�� ��[�1'1�1� �����#I�1������
DATE F2EFERENCE NUMBER LOG NAME PAGE
4181�3 �d� g�qoQ� 35TOWS 1 of 2
SIJBJ�CT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VEND�RS REQUIRED BY CITY �RDINANCE F�R THE POLICE DEPARTMENT
RECOMMENDATION:
It is recammended that tf�e City Counci�:
1. Authorize contracts 'for Po[ice Department requested non-consent towing of wrecked or abandoned.
�ehicles from muliiple ��ndors as required by SectEon 34-181 of the Code of the City of Forf Worth
(1986), as amended; and
2. Aufhorize the c�antracts to begin April 8, 2003, and expir� Septer�ber 30, 2Q03, wi�h aptians to
renew for four additional one-year periods; and
3. Adopt the attached supplemental appropriation ordinance ir�creasing estimated receipts and
appropriations by $44fi,944 in the General Fun� from a�ailable funds.
D15CU5SION:
Section 34-1$� of the Code af the Ci#y af F'ort Warth (1986}, as amended, required that al! palice
department, non-consent tows, shall be undertaken pursuant to contract, specificafly �x�cuted �etween
th� City and a wrecker company. The Public Safiety Committee extensi�e[y re�iewed the new rates and
unanimausly approved this recommendation an March 25, 2003.
There are three types of contracts and ra#es as follows:
o Standard tow trucks $100
o Tilt bedlrollback tow truc�Cs $125
o Tandem tow trucks $180
Contracts will be executed with any �endor desiring to perform non-consent tows for �he Palice
Department, if they meet the contrac# requirements such as �owing operations �eing the uendors
primary b�siness, equipmenf specif�cations, insurance, and a locally licensed storage facility.
Th� fees for services to be provided and assignment to one of four zones are the same as coniaine� by
City Gode. The estimafed expenditure for these services is $1.8 million per year including the
anticipated increase (of $446,944) for the remainder of the fiscal year �ased or� the revised rates. This
increase wilf be offset by reuenue collected as fees.
RENEWAL QPTIQNS - Th�se contracts may be renewed for up to fottr successive one-year terms at
the City's opfion. This acfian does �ot require specific City Council approvaf pro�ided the City Council
C'ity of ,�ort �orth, T'exas
c���� ��� �,��r���[ ��r��c���������
DATE R�FER�NCE NUMB�}� LQG NAM� PAG�
418f03 �o� g��4 35T�WS 2 of 2
suB�Ec�r SUPPLEMENTAL APPROPRIATI�N ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPL�
VEND�RS REQUIRED BY CITY �RD[NANCE FOR THE P�I�ICE DEPARTMENT
�as appropriated sufficient funds to satisfy th.e City`s obfigation during the renewal term.
FISCAL WFORMATION/CERTIFICATION:
The Financ� Director certifies that upan ap�ro�al and campletion af fhe aba�e r�comm�ndations and
the adopiion of the attached supplemental appropriation ordinance, funds will be availabEe in the current
�perating budget, as appropriated, of the General Fund.
LW:r
Submitted for C'rty Manager's
Office by:
Libby Watson
Driginatiog Department I�ead:
Ralph Mendoza
Additinnal Infnrmation Contact:
Susan Alanis
F[IND I ACCOUNT I CENTER
{to)
GG01 539120 0353403
6183 GG01 462624 0353403
48386 {fi•ani)
GG01 539120 0353403
782b2
I AMQi7N'T
$446,944.�0
$446,944.00
$446,944.00
CITX SECR�TARY
APPROV�D b4/Q8103
ORD.# 155I7