HomeMy WebLinkAboutContract 28601r. '��
CI�Y �ECRE�'R�Y
.. � ... C�NiRAG�' �. ��.b�,.
CONTRACT FOR TOW Tf�UCK SERVICE � �
(STANDARD SERVICE)
WHEREAS, the City of For� Worth occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary ta protect the safiety of
the citizens of the CEty of Fort Warkh,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City af Fort Worth, h�reinaft�r referred to as "City", acting herein by
and through l�ibby Watson, its duly authoriz�d Assistant City Manager, and
American Taw & Auto Repair, hereinafter referred to as "Company'", acting
her�in by and through Ken Elkamous, its duly authorized Owner, agree as
follows:
1.
SERVICES
City �ereby contracts with Com�any to prov�de polic� p�ll towing service.
As used herein, "police pull" shal� mean that th� F�ort Warth Police Departrnent
has called Company from the rotation list to either remov� a wr�cked or disabled
vehicle or to remove a vehicle in a safe dri�ing condition, but the owner is not
present, able or permitted to drive or to make authorizations.
2.
TERM
The inifial f�rm af this contract shall expire on September 30, 2fl03. In
addifion to the initial t�rm of th�s cantract, there shall be four options to renew for
terms of one year each, unless earlier terminated as hereinafter provide�.
Renewa� shall occur upon City including in its budget for the o�tions years
su�ficient funds to pay for its obligatior�s hereunder and Company pro�iding proof
ofi insurance to City.
3,
COMP�NSATION
3.1 Compensatian. As com�ensation for pro�iding tha
contemplated by this Contract, City agrees to pay Company �"+�1���i,5=�-
�
R. _ -
serv_ice�
.,.
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� r ��,
a} Towaae. A charge of One hund�ed Dollars {$100.00) for towing such vehicle
from one �oint on a street to another locatior� within the corporate limits of the
city as directed by the police department at the place where the tow
originated; such charge includes one-half hour of extra work.
b) Second taw truck. ln the event the police officer at the scene determines
ihat a second tow truck is required, a charge of One hUndred dolfars
($100.OQ) per hour, with a minimum charge of one hour, billed in increments
of fiifiteen (15) minutes while at the scene of the police pull. A po{ic�
su�ervisor shall approve the use af a second fow trUck. Trave! time is
excluded.
c) Extra worlc. An additianal charge of one hundred dallars {$100.00) per
hour, with a minimum charge of ane hour, charged in increments of �ifteen
{� 5� minufes, for removing vehicles that are off the street right-of-way, suci�
charge to be made from t�e time th� operator begins to remove the vehicle
until it is on the traveled portion of the s�reet. Even though the vehicle is
within the street right-of-way, an additional charge may be made if the vehicle
is located in some unusual condition within the right-of-way, such as, but not
limited tp, a river or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra wark shall only be allowed when authorized by a po�ice officer
at the scene of the pull. The charges for such extra work shall b� reviewed
and approved by t�e Auto Paund Wrecker Administrafor. Extra work
excl�a�es travel time, waiting time and clean-up time.
d} Use of a dallv. No additional fee shall be charged for the use af a�olly.
e) Handlinq hazardous materials. Wher� the cargo of any motor vehicle or
trailer includes expfosive, nuclear, radiaacti�e, hazardous or corrosive
materials, as defined by th�; Environmenfal Protectian Agency, Texas
Department of Trans�o�tation, or the Texas Commission on Environmental
Quality, a fee �qual to one hundred-fifty (� 50) percent of the charges whEch
may be assess�d pursuant to subparagraph "a'" above. In addition, a charge
may be made for expenses incurred related to pratective clothing and any
Sta»dard Wrecice;� 2
Page 2 af 12
.. ti
other su�pliss or equipment used in handling suc� materials, sucF� charge
being equal ta f�e actual amounts incur�e� plus fift�en {15) percent.
f) Nofhing contair�ed herein shall be construed so as to obligate City to expend
any sums of money. Ft��iher, nathing contained herein shall be construed so
as ta guarantee to Company that City will contact Company for any towing
services contemplaied by this Contract.
3.2 Invoicinq and Pavment. Company shall Invoice City once per month.
Campany shall incfude with the invoice such documents as may be reasonably
requested to provide evidence of th� s�rvices provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by the officer
at th� scene of the palice pull andlor personnel at the Fort Worth Auto Pound.
Such in�oice shall be sUbject to the review and approval of appropriate City
�ersonnel. Ci�y shall remit payment to Company not more than thirty (30) days
following approval of in�oice.
3.3 Campensation Re�iew. City shall review on an an�ual basis th�
com�ensation provided for hereunder, with the first such review to be conducted
during the month of August 2Q03. Sim9lar re�iew� shali occur in August of each
succeeding year that this contract is in effect. City shall make adjustments in tF�e
compensation based upon increases or decreases in the cost of doing business,
taking [nto consideration fuel, insurance, labor, and such other costs as may be
relevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company sha[I maintain at all times the following ve�icles and equipment
in working condition:
a) A minimum of two (2) wreckers, one of which shall be not less than 14,000
pounds gross vehicle weight and one of which shal! be nof less than 10,000
pourtds gross vehicle weight, dual rear whee�s, equipped with a hydraUlic
operated �vinch, winch lines, and a boom rafed at not less than 8,000 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
Slandard Wreeker
Page 3 flf 12
L�
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b) At a minimum, all wreckers shall be equipped with the fo{lowing equipment,
which at afl times shall be maintained in working or�er:
� } Tow bar
2} Towing lights
3) Emergency overhead warning lignts (red or amber color only)
4) Safety chain
5) �Fire extinguisher, A.B.C. Type
6) Wrecking bar
7) Broom
8} Ax
9} Shovel
1 p} Reflectars or traffic cones
� 1) Trash container
� 2) Two way voice or computer communication between tow truck
and Company dispatcher
13) Backing warning signal
� 4) W heel chocks
c) Each wrecker shall have f�e identifying markings required �y the Texas
Transportation Code, 5ection 642.002. In addition, each wrecker shall pravide
Notice of Complaint Procedures to the awner af a fowed vehicle as oufilined by
the Texas Department of Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Cha�fer 18, subchapter 18.89, as same may be
amer�ded fram time to time.
d) Each tow truck and the required equipment shall be ins��ct�d by the
Chief of Police or his authorized designee prior to being used for servic�s
contempfated by this contraci. In addifion, each tow truck and the required
�quipment shall be subject to intermittent ins�ection to assure compliance with
this contract.
Slandai•d Wrecicer 4
Page 4 oP l2
I, l
�.
INSURANCE REQUIREM�NTS
Company shall maintain insurance from insurers acceptable ta City of the
following types and amounts:
5.1 Commercial General Liab'rlity
$5�Q,000 each occurrence
$500,000 aggregate
��;
Garage Liability
$500,000 each accid�nt, other than auto
$500,004 aggregate
5.2 Automobile Liability
��aa,00Q each accident, combined single limit
This coverage shall incl�de all venicles owned ar non-owned that are
op�rating under Company's operating authority.
5.3 CargolOnoHaok
$30,000 per unit
Coverage s�alf include bath fhe unit being towed and its contents.
Units covere� shall include but not be limited to motor v�hicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$30,Q00 per unit
5.5 Wor�er`s CompensationlAccident Insuranee
Coverage shall meet the minimum requirements of state ]aw as con-
fained in the Motor Carrier Rules and Regulations.
5.6 Curr�nt insurance certificates shall rema�n on file with the City dur�r�g the
term of this Contract. Insurance coverage may, at the sole discretion of the City,
be revised upward upon thirty �3Q) days prior written notice to Company. Policies
shall be endorsed as follows:
Scanciurd Wrecker
nage S af { 2
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J
a) The City, its offic�rs, employees and servants shall be endorsed as an
additional insured on al! po[icies except employer's liability insurance
coverage under the workers' com�ensatiar� insurance policy.
U) Certificates o� insurance shall be delivered to the supervisor of the City of
Fort Worth Auto Pound, �301 E. N��thside Drive, Fort Worth, TX 76102, prior
to any work being performed under this contract.
c} Any failure on part of the City to request required insuranc�
documentatian shall not constitute a waiver of the insurance requiremenfs
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 cha�ge in
policy terms or coverage. A fen days notice shall be acceptable in the event
of nor�-payment of premium.
e) insurers must be authorized to �o business in the State of Texas and
have a current A.M. Best ratit�g of A: VII or equi�alent measure of financial
strength and solvency.
f) Deductible limits, or self-funded retention limits, on each policy must not
exceed $90,000.00 per occurrence unless otherwise approve� by th� City.
g) Other than worker's compensaiion ins�rance, in lieu of traditiona! insurance,
Cify may consider alternative coverage or risk freatment measures t�rough
insurance paols or r[sk refiention graups. The City must approve in writing any
alt�rnative coverage.
h} Workers' compensatian insurance policy(s} covering employees shall be
endorsed with a waiver of subrogatian providing rights of recovery in favor of
the City.
i} City shall not be responsible for the direct payment of insurance premium
costs.
j} Insurance �olicies shall each be �ndorsed to �rovide that such insurance
is primary protection and any self-fund�d or commercial coverage maintained
by City shall not b� called upon ta contribute fo loss recavery.
Standard Wreckcr
Page G of ]2
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I F
�C) Company shall report, in a t�mely manner, to City's officially designated
contract administrator ar�y known loss occurrence which coufd give rise to a
lia�ility claim or lawsuit or which could result in a property loss.
I) Company's liabifity shall nof be �imited fo fhe s�ecified amounfs of
insurance required herein.
m) Upon the requesf ofi City, Company shall provide complete copies of all
insurance policies required �y these contract documents.
5.7 In the event a state or fed�ra! law, rule or regulat�on pertaining to wrecker
service companies operating within the Sta�e af Texas exceed insu�ance
requirements specified herein, such s�ate or federal law, rule or regulation shall
prevail for the respective type of insurance coverage andlor limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF GOMPANY
Company, during the term of this contract, shall perForm the following duties
and have th� following responsibilities:
a} Maintain as its primary business th� towing af vehicles or trai[ers by
wreckers meeting tne requirements of paragraphs 4(a} and 4(b) above.
"Primary business" shall mean that Company r�ceives more than fifty per-cent
�50%} of it gross re�enues from the towing of vehicles and trailers. All of
campany's records shall be apen to reasonable inspection, both at the time of
�xecutiort af this agreement and at any time during the term hereof, ta �erify
compliance with this condifian.
b) Maintain a currentiy license� vehicie storage facility located within the
corporate limits of the City. "V�hicle starage facility" shall mean a#acility
operated by a per5on licensed und�r Article �687-9a, Revised Statutes.
c} Maintain business operation twenty-four (24) hours a�ay, seven days per
week.
d) Respand ta all calls contempfated by this contract within thirty (3D) minutes
of notification, except in extraordinary situatinns where delay is caused by ice,
snow or other weath�r relate� conditions. Ir� the event Company fails to
raspond as requir�d, City may notify another wrecker company and Company
Standard Wrecker 7
Page 7 af l2
,
7.
TERMINATION AND SUSPEN510N
shall not be entitled to the compensation ta wl�ich it would have been entitled
had it arrived timely.
e) Mainta�n on file with the City the name of the owner, presidenf or chief
executive officer, business address, and telephone number; further, Campany
shall notify the City of any change of ownership, president or chief ex�cuti�e
officer, or change of address within five (5) business days of any such change.
f} Deliver the mator vehicle �eing tow�d to the locatian within the corporate
limifs of City designated by the police officer at ihe scene of the pull. Delivery
shall be made without delay or detaur.
g} Fully cooperate wifh any investigatian conducted by the City r�gardir�g
camplaints against Company, whether ar not such complaints arise out of
s�rvices confemplated by this Contract,
h) Sha1l not become delinquent in the paymenf of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been called to
tne scene by the owner or operator of a vehicle or an authorized r�presentative
of s�me, or by the City.
j) Completely remove all debris resuiting from any acci�ent to which the
Com�any is responding. R�moval of debris shall not be consider�d camplete
by rrierely sweeping it to the curbline.
k) Shall not soEicit any wrecker b�siness within the carporate limits of City at
the scene of a wrecked or disabled vehicle, regardiess of whether the
solicitafion is for the purpase of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle. _
I) Shall only employ drivers of tow trucks authorized to operate same.
m) Provid� the Police Pound personnel with an invaice at the time the veF�icle
is deEivered #o the Auta Pound together with the sign�d wr�cker select�on form
to be provided.
7.1 This contract may be terminated or s�asp�nded by City far any of the
following causes:
5tundard Wreckcr
l'age S oi' 12
:
a) Violation of any term an�lar condition specified in this contract.
b) Failure to notify the Communicaiions Division of the Police Depa�men#
within fifteen (15) minutes from the time of notification if the Company will
be unable to respond within the thirky (30) min�ates allotted for a response fio
a call for wrecker service.
c) Permitting a tow truck to be operated by anyone while und�:r the inf[uence
of alcohol an�lor drugs.
d} Permitting a tow truck to be operafed by anyone whose operator's license is
sUsp�;nded.
e) Transf�rring flr assigning any call far service to any other company
f) Any sustained com�lainf of theff by �ersonnel of Company while acting in
their capacity as employees of Company, whether occurring during a police
pull or atherwise.
g} Any sustained complaint of threats made by p�rsonnel of the Com�any
while acting in their capacity as employees of Company made against third
parties during a police pull or otherwise.
h) Failing to comply with all dir�ctions of palice personne� at the scene af a
police ��II or civilian employee at the Police Pour�d. Company may request
a police supervisor to validafe any such direct�on given.
i) Five (5) passes within a thir�y (3Q) day period. Pass in this paragraph shall
mean Company failing to notify the City of its inabil�ty to respond to a
request for service as req�ired by paragraph 2 above.
j} Ten {10) passes within a t�irty (30) day periad. Pass in this paragraph shafl
mean a Com�any notifying the City af its inability to respo�d to a request for
service as required by paragraph 2 abov�,
k} Violatian of any rule or regulation eontained in Exhibit "A" attached hereta,
I) Failure ta compfy with any state or federal faw or city or�inance related ta
the operation of a wrecker company.
7.2 City shall notify Company in wri#ing of its intent to terminate or suspend for
cause twenty (2�} �ays prior ta such suspension or termination. Company shall
�ave the right to request a hearing before the Chief of Police or his d�signee
Standard Wrecker
Page 9 aC 12
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regarding the intent to terminate or suspend for cause by requesting a hearing in
writing within five {5) business days after receipt of notice of intent ta terminate or
suspend. A hearing shall be conducted within fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporarily su�p�nd this contract
during any appeals pracess.
7.3 ln the event this contract is suspended for cause, the suspension shall be
for a perio� of time of not less than six (C) months nor more than twelve (12)
months.
7.4 In the event City suspends or terminates this contract for cause, and the
cause for such suspension or terminat�on is �etermined to �e invafid, Company's
sole remedy shall be reinstatemer�t of this contract. Company expressly waives
any and all rights to monetary damages, including but not lim�ted to actual and
puniiive damages, court costs and aftorney's fees.
8.
INDEMNIFICATION
1Nith regard to any liability which might arise �ereunder, City and Company
agree that they shall be solely and excfusi�efy liabfe for th� n�gligence of its flwn
agents, servants, su�contractors and empfoyees and that neither party shall laok
to the other party to save or hold it harmless for the consequences of any
neglig�nc� on the part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shalf be construed to be a waiver by City of
any right of protectian that it enjoys under applicable State or FederaE law.
9.
ASSIGNMENT
Com�any shall not assign, transfer or sub[et this Contract or any portion
hereof to any party without fhe prior written consent of City that shall nof be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract without the consent af the City shall be void and shail operate as a
#ermination hereof.
5iandard Wi�eckcr 10
]7age 10 nf 12
�o.
ZONES AND ROTATION LIST
10.1 City shall divide tF�e city into four (4) zones tnat shall correspond to the four
(4) patrol divisions. Company sf�all be assigned to the zone or an adjacent zon� in
which it maintains its �rincipal �lace of business.
�0.2 City shaq create a rofation list within each af the four (4) zones that will
dictate the order in which wreck�r companies are contacted.
� 0.3 City may request Company �o conducf a police pull within any zone, and
Company agrees to use its best efforts to arrive at the scene of the poEice tow
within thirty (30) minutes.
11.
INDEPENDENT CONTRACTOR
It is und�rstood and agreed by the �ar�ies hereto tY�at Company shall
perform all work and services }�ereunder as an independent contractar, and nat as
an afficer, agent, servant or em�loyee of the City. Company shalf have exclusive
control of and t�e exclusive right ta control the details of th� worf� or service io be
performed hereund�r, and all persons performing same on ��;half of Company,
and shall �e solely responsible for the aets and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invit��s. The
doctrine of respondeat sup�rior shall not a�ply as between the City and GomPany,
its officers, agents, servants, employees, cantractors and subcontractors, an�
nothing herein s�all be construed as creating a partnership or joint venfUre
betw�:�n the part�es hereta.
Slandard Wrecker 11
Pagc ] I ul� 12
, ,
T�
In witness wher of, th� parties hereto have executed this Contract on the f
day of , 2��.
ATTEST: CITY ��RT W�RTH
� L�" B ' R
�� �r: _,.
�Gfo Pearson �ibby Vl,�son
City S�cretary Assistant City Manager
APPROVED A5 TO FORM
AND LEGALITY
,
ssksfant City Attorney
ATTEST:
Corpc�rate Secretary
Slandard Wrecker
Page l2 of tz
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Cos���ae� uthor zatia�
� � �` � � _ � f� �
n��t�-- -
American Tow & Auto
R_ epair
(Compan� � �
B� b �
Ken Elkomous, Owner
12
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������
��I�Y��T �.
I��i����ll�l�
The following i-ules and regulatians rvill be foElowed by ALL Wrecker Compn�iies
upon �trrival nt tl�e Auto Pound.
1. Tlze eniry gate wi11 not be blociced by wreckers waiting to enter or exit the A,uio
Pound.
2. No wrecl�er shall enter the Auto Pound with more than one {1) person/operator,
urzl�ss authorized by the on duty shift supervisor. Tlus will be don� au a case by
case basis,
3. �'or safety reasons, a Car Carrier will be requirEd to off load their cargo when
possible. Tliis shall be determined by tl�e on duty supervisar.
4. Inventories should be handled in an expeditiptis manner when possible. Hovwever,
Auto Pouud personnel are required to do a complete and precise inventary of a11
propei-ty and vehicles. A specific tim� frame vvould be impossible to instituie.
5. No wrecicer driver/aperakor will assist wit�i any inventory being conducted by
Auto Potuid persoiuiel.
G, The use of Car Cai�iers, extra tiine, extra ec�uipinent, etc., shali be subject tn
approval Uy the Wrecker Administrator or Auto Pound Supeivisor.
7. Wrecker drivarslo�erators/owners shall be rec�uired to follow any directions or
inst�uctians given by Altta Pnu�1d pe1•sannel.
8. Wce�lcer Company Qwi�ers shall assist and compiy with any investigafioil
perfoi-med by Alrto Poui�d personnel nr th� Fort Worth Police Departinent in
�•egards to their conipa�iy, driver, ope�•ator and ar business without hesitation.
9. Violations of any of the aUove rules shall be s�ibject to review by th.e Wrecl�er
Adininistrator or Auto Fouzld Su�eivisor.
The A�ito Poui�d Supei-visor or a higher level of coininand may detennine
discipliizary action up to a�d inclLiding ter�nii�atioi� af contract.
�ity of �'o�t T�o�th, �'exas
���i� A�� ���f1�1� ��M'�i1�1�111�f�1���i1
DATE REFERENCE NUMBER LOG f�lAME PAGE
41��p� C-19�44 3�T�WS 1 of 2
SUBJECT SUPPI.EMENTAL APPR�PRIATI�N ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CfTY ORDINANCE F�R THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize contracts far Pofice Department requested non-consent towing of wrecked or abandaned
vehicles from multiple ��ndors as required �y Section 34-18� of the Code of the City of Fort Worth
(1986), as amended; and '
2. Authorize ihe cantracts to begin April 8, 2a03, and expire 5eptem6er 30, 2QD3, with opiions to
renew for four additional one-year periods; ar�d
3. Adopt the a#tached supplemental appropriation or�inance increasing estimated receipts and
appropriations by $446,944 in the General �und from a�ailable funds.
DlSCUSSION:
5ectian 34-� 81 of the Code of the City of F'ort War�h (198�), as amen�ed, required that al1 pali�e
c�epartment, nan-consent'tows, shalf be undertaken pursuant to contract, specificalfy executed between
the City and a wrecker company. The Public Safety Cammittee e�c#ensively re�iewed the new rates and
unanimously approwed this recommendation on March 25, 2003.
Ther� are thr�e types of contrac#s and rates as foilows:
� Standard tow tru��Cs $1 QD
� Til# bedlrollback taw trucks $125
� Tandem tow trucks $18Q
Contrac#s will be execut�d with any vendor d�siring to pertorm nan-cvnsent tows for the Police
Department, if they mee# the contract requirements such as towing operaiions being the �endors
prirr�ary business, equipment specificatio�s, ins�rance, and a lacally licensed storage 'facility.
The fees for services to be provided and assignment to one ofi four zones are the same as contained by
City Code. The esfiimated expenditure for these services is $1.8 mi{lion per year including the
anticipated increase (of $446,944) far the remainder of the fiscal year �ased on the revised rates. This
increase will be offset by r�venue callect�d as fees.
RENEWAL OPTIONS - These cantracfs may be r�newed far up to foc�r successiue one-year terms at
the City's option. This action does not require specific City Co�ncil approval provided the City Cauncil
�'ity o, f �'o�t �$'orth, T'exas
�y�� �nd ��u�n�;Q ��r�rr�c��������r�
DATE REFERENC� NLIMB�R LOG f`�IAME PAG�
418I03 ��� ���4 35TOWS 2 of 2
su��ECT SUPPLEMENTAL APPROPRIATION OR�INANCE AND CONTRACTS FOR NQN-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
has appropriat�d suffici�nt funds to satisfy the City's o�ligation during the renewal term.
FISCAL INF�RMATION/CERTIFICATIO�1:
The Finance Director certifies that upon approual and com��etion af the above recommendations and
the adoption of the atiached supplementaf appropriation ordinar�ce, funds wifl be availab�e in the current
operating budget, as appropriafed, of the General Fund.
LW:r
Submitted for City Manager's
Office �y:
I,ibby Watson
Originating DepArtment ECead:
Ralph Mendaza
Additionxl InformRtion Contact:
Susan Afanis
FUND � ACCOUI�T I C�NT�R
(to)
GG01 539120 �353403
bI83 GG01 462624 0353403
45386 (fi•am)
GG01 �39120 D3534Q3
7$2b2
AMOUNT
$446,944.Qa
$446,944.Od
$445,944.00
CITY SECRETARY
APPROVCD 04108/D3
bRD.# 15517