HomeMy WebLinkAboutContract 28602', �
. C1iY �E�R�Y�i�Y
;
COfViF3�A�i � o � ��j�
C�NTRACT FOR TOW TRUCK SERVICE
(TANDEM AXLE)
WHEREAS, the City of Fort Worth occasional[y requires the services of
tow trucks; and
WHEREAS, such tow fruck servic�s are necessary to protect #h� safety of
the citizens of the Cify of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "Cify", acfing herein by
and tE�rough Libby Watson, its duly authorized Assistant City Manager, and
Am�rican Tow & Auto Repair, hereinafter referre� to as "Company", acting
herein by and through Ken Elkomous, its duly authorized Owner, agree as
follows:
1.
SERVICES
City hereby confracts with Company to �rovide police pull towing service.
As used herein, "police pull" sha11 mean fhat the Fort Worth Police Department
has calfed Company� from the rotation list to either remove a wrecked or disabled
vehicle or fo remove a �ehicle in a safe drivin� condition, but th� owner is not
presenf, able or permitted to dr�ve or to make authorizatior�s.
��
TERM
The initia! term of this contract shail expire on Sept�mb�r 30, 20D3. ln
addition to the ini#ial term of this contract, there shall be four options to renew for
terms of ane year each, unless earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget fior the options years
sufficient funds to pay for its obligafions hereunder and Company providing proof
of insurance ta Cify.
3.
COMPENSATION AND PAYM�NT
3.1 Compensation. As compensation for providing �,����
contemplated by this Contract, City agrees to pay Compan� d�..��r�uv�r,�; �
; � �1 �'
,
a) TowaQe. A charge o�F One hundred eighty Dollat-s ($180.00) p�r hour
for towing such vehicle fram one point on a street to another location
within the corporate limits af the city as directed by the police
department at the place whe�e the tow originated. The m�nimum
charge shall be for on� hour; after the fir5t hour, time shall be billed for
in increments of fifte�n (15) minutes, at a charge of $45.00 p�r
increment.
b) Second tandem axle tow truck. ln the event the police officer at
the scena determines that a second tandem axle tow truck is required,
a charge of On� Hundred eighty do[lars ($180.00) per hour bi[led in
increments of fifteen (15} minutes while at #he scene of the police pull,
with a minimum charge for one hour, at a charge of $45.OQ per
ir�crement. Travel time is excluded.
c} Reim�ursa�les. In the evenf Company is req�ired to rent equipmet�t
or other materials specifically related fo a police pull as directed in
writing by a police supervisor at the scene, Company shall be
reimbursed the actual cast incurr�d plus fifteen percent (95%).
Charges under this subparagraph are subject to the review and
approval of a police supervisor.
d) Extra heEp, An additional charg� of twenty dollars ($2Q.00) per
man per f�our, with a minimum charge of four (4} hours, when
authorized in writing by a police supervisor at the scene of the police
pull.
e) Air cushions.
1.) Regular cushions - A charge of one hUndred-fifity dollars ($T5fl.00)
per hour per cushion, with a minimum charge of one hoUr. After the first
f�our billing shall be in increments of fifteen (15) minufes.
2.) Tanker cushions - A charge of four hundre� dollars ($40a.00) per
hour per cushion. After the first hour billing shall be in increments of
fifteen (15} minufes.
Tandem Wrecker
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3.) Prior approval by a police supervisor af the scene of a police pull is
required for the use of air cushions.
f) Handlinp hazardous materials. When fhe cargo of any motor
vehicle or trailer includes explosive, nuclear, radioactive, hazardous or
corrosive mat�rials, as defined by the Er�vironmenfal Protection
Agency, Texas Department of Transportatian, or fhe Texas Natural
Commission on Environmenta! Qua[ity, a fee equal to on� hundred-fifty
(150) percent of the charges incurred under subparagrapf� "a" above.
. g} Tractor, hv�raufic tilttail, lowbov, other specialized eauipment. A
charge of one hundred eighty dollars �$'180.00} per hour, billed in
increments of fifteen (15) minutes, with each increment being charged
as $�S.DQ per inc�ement, as authorized in wri#ing by a palice
supervisar af the scene of ih�: police pull. The police supervisar shall
sign the wrecker sel�ction form.
h) Nothin� contained nerein shall be construed so as to obligate City to
expend ar�y sums of money except for services actually rendered.
Further, nothing contained herein shall be constru�d so as to
guarantee to Company that City will contact Company for any towing
services contemplated by this Contract.
3.2 ]nvoicinq and Pavmenf. Campany shall Invoice City once per manth.
Company shall incfude wifh the invoice such documents as may be reasonably
requested to provide ev[dence of the services provide� to the City, which af a
minimum sha11 include copies of fne wrecker selection fiorm signed by the officer
at fhe scene of the police pull andlor personnel at fihe Fort Vllor�h Auto Pour�d.
Such invoice shall be subj�ct to the review and approval of appropriate City
personnei. City shall remit paym�nt ta Company not more than thirty (3Q) days
follawing approval of invoic�.
3.3 Compensation Review. City shal] review on an annual basis the
campensatian provid�d for h�reunder, with #he first such review to be conducted
during tF�e month of August 2003. Similar reviews shall occur in August of each
succeeding year that this confract is in �ffect. City shall make adjusfinents in t�e
Tnndem Wrec&er 3
Pagc3ofl2
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compensatian based upon increases or decreases in the cost of doing business,
taking ir�to consideration fuel, insurance, labar, and such other costs as may f�e
relevant to the operation of a towing busin�ss.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times fne following vehicles and equipment
in working condition:
a) A minimum of one (1) tandem axle (heavy duty) wrecker rated at not less
than 25,000 grass vehicle weight, equipped with a power winch and winch
lines w�th a boom rated at �ot less than 50,Da0 pound lift capacity.
b) At a minimum, a�l wreckers shall be equipped with the following equipment,
whic� at all times shall be maintained in working order:
1 } Tow bar
2) Towing lights
3) Emergency overheaci 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) Sf�ovel
10) Ref��ctors or traffic cones
1 � ) Trash confainer
12) Two way voice or com�uter communication betv�,�een tow truck and
Company dispatcher
� 3} BacKing warning signal
14) Wh�el chocks
15} Traffic co��s
c} Each wrecker shall have fhe idenfifying markings required by the Texas
Transportation Code, section 642.�02. In addition, each wrecker shall provide
Notice of Complaint Proce�ures to the owner of a towed vehicle as outiined �y
Tandein Wrcckcr 4
Page 4 of 12
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the Texas Department of Transportation Rules and Regufafions as contained in
43 T�xas 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 au#horized designee prior to being used for services contemplated
by this contract. In addition, each tow truck and the required equipm�nt s�all be
subject to intermittent inspection ta assure compliance with this contrac#.
5.
INSURANCE REQUIREMENTS
Com�any shall maintain insurance from insUrers acceptable to City in the
fallowing types and amounts:
5.1 Commercial Generai Liabiliiy
$'I ,OQO,OQO �ach occurrence
$1,QOO,Q00 aggregat�
or
Garage Liabifity
$1,000,000 each accident, otherthan auta
$1,00O,OOQ aggr�gate
5.2 �►utomobife Liability
$1,D00,000 each accident, eombined single limit
This coverage shall incfude all vehicles owned or non-owned that are
operating under Company's operating authority.
5.3 CargolOn-Hook
$50,000 per unit
Coverage shall incfude both the unit being towed and its contents.
Units covered shall include but not be limited to motor vef�icles,
trailers and boats. Cov�rag� shall be written on a direct primary
basis. �
5.4 CAC�iAC�K�EP�R"5 �.[A�ILIiY
$50,QD0 per unit
5.5 Worker's CompensationlAccident Insurance
Tundem Wrecicer
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5
!
Coverage shal[ meet the minimum requirements of sta�e law as
contained in the Motor Carrier Rules and Regulations.
5.6 Current insurance cerkificat�s shall remain on file wifh the City durir�g the
term of this Contract. Insurance coverages may, at the sole discretion of the City,
be revised upward upon thirty {30) days prior written notice to Gompany. Policies
shall be endorsed as follows:
a) The City, its officers, employees and servants shall be en�orsed as an
add�tional insured an all policies except employer's liahility insurance
coverage un�er tf�e workers' compensation i�surance policy.
b} C�rtificates of insurance shall �e delivere� to the supervisor of the City of
�ort Worth Auta Pound, �301 E. Northside Drive, Fort Worth, TX 76902,
prior to any work �eing �erformed under this contract.
c) Any failure an part of the City to request r�quired insurance
docum�ntation shal[ nvt constitute a waiver of the insurance requirements
specif�ed herein.
d} Each ir�surance policy shall be endorsed to provide the City a minimum
t�irty days notic� of cancellatian, non-renewal, and/or material change in
policy terms or coverage. A ten days notice shall be acceptable in the
event of non�payment of �remium,
�) Insurers must be authorized to do business in fhe State of Texas and
have a current A.M. Best rating af A: Vl! or equivalent measure of financial
strength and solvency.
f) Deductible limits, or self-funded re#ention limifis, on each policy must nof
exeeed �10,000�00 per occurrence unless otherwise approved by the City.
g) Other than worker`s compensation insurance, in lieu of traditiona! �nsurance,
City may consider alternative coverage or risk treatment measur�s through
ir�surance pools or risk retention groups. The City must approve in writing
any alternative co�erage.
h} City shall not bE responsibfe for the direct payment of insurance premium
costs.
Tandem W'recicar
Page G of 12
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i} lnsurance policies shall each be endorsed to provide that such insurance
. is primary protection a�d any self-funded or eommercial coverage
maintained by City shall not be called upon fo contribute to loss recov�ry.
j) Company shall report, in a timely manner, to City's officiafly d�signated
contract administrator any k�own loss occurrence which could give rise fo
a liability c{aim ar lawsuit or which could result i� a property 1oss.
k) Company's liability sY�all not be limited to the specified amounts of
insurance required herein.
I) Upon the request af City, Campany shall provide complete copies of a{I
insurance policies required by these contract documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
S�IVIC� companies operating within the State of Texas exceed insurance
requirements specified her�in, such state or federal [aw, rule or regulation shall
prevail for the respec#i�e type of insuranc� covera�e andlor fim�t thereof.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the folfawing duties
and have the following responsibilifies:
a} Maintain as ifis primary business the towing of vehicles ar trailers by
wreck�rs meeting the requiremenfs of paragraphs �(a) and 4(b) above.
"Primary business" shaif inean that Company receives more thart fifty per-
cent (5D%) of it gross revenues from the towing of vehicles and trailers. AI�
of company's recards shall be open to reasonab[e inspection, bath at fhe
time of �xecution of this agreement and at any time during the term hereof,
to verify compliance with this condition.
b) Maintain a currently licens�d vehicle storage facility located within the
corporate limits of the City. "V�hicle storage facility" shall mean a facility
operated by a person [icens�d und�r Article 6687-9a, Re�ised Statutes,
c) Maintain business operation fw�nty-four {24) hours a day, seven days per
week.
Tandem Wrecicer �
Page 7 of l2
d) Respond to all calls cont�mpfated by this contract within foriy-five (45)
minutes of notification, except in extraordinary sifuations where delay is
caused by ice, snow or other weather related conditions, In the e�ent
Company fails to respond as required, City may notify another wrecker
company and Company shafl not be enfifled to the compensation to which it
wou{d have been entitle� had it arrived timely.
e} Maintain on file with the City the name of the owner, president or chief
executive officer, husiness address and telephone number; further,
Company �hall natify the City ofi any ehange of ow��rship, president or
chief executive officer, or change of address witnin five (�} business days ofi
any such change.
f) Deliver fhe motor vehicfe being towed to the location within th� corporate
limits of City designated by the police officer at the scene of the pull.
Delivery shall �e made without delay or detour.
g) Fully eooperate with any investigation conducted by the City regardirtg
complaints against Company, whether or not such complaints arise aut of
services contemplat�d by this Contract.
h) Shall not become de[inquenf in the payment of any fiaxes due to City.
i) Shall not go to any accident scene unless the Com�any has been called �o
the scene by the owner or operator of a vehicle or an authorized
representative of same, or by the City.
j) Completely remove all debris resulting from any accident to which the
Company is responding. Remaval af debris shall not be considered
camplete by mere�y sw�eping it ta the curbline.
k} Shall not solicit any wrecker business within the corporafe limits of City at
the scene of a wreckec[� or disabled vehicle, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repairing,
wrecking, storing, t�ading, or purchasing the vehicle.
h} 5ha[1 onfy employ drivers of tow trucks authorized fo operate same.
Tandem Wrecker
Page 8 of l2
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i) Provide Police Auto Pound personnel w�th an ir�voice at the time the towe�
vehicle is d�livered to fhe Pound together with a signed wrecker selection
form provided by the police officer or sup�rvisor at the scene of th� police
pufl.
7.
TERMINATION OR SUSPENSION
7.9. This contract may be terminafed or suspe�ded by City for any of the
following causes:
a) Violation of any t�rm andlor cpndition specified in this contract.
b) Fai�ure to notify the Communicafions Division of tY�e Pofice De�artme�t
w�thin fifteen (15) mi�utes from the time of notificati�n if the Company will
be una�le to respond within fhe farty-five (45) minutes allotted for a
response to a wrecker call.
c) Permitting a tow truck to be opera�ed by anyone while under the influence
ofi aleohol andlor drugs,
d} Permitting a tow truck to be operated by anyane whose operator's license is
suspended.
e) Transferring or assigning any call for service to any otf�er company
f) Any sustained complaint of theft by personnel of Company while acting in
their capaci#y as employees of Com�any, whether occurring during a paEice
pull or otherwise.
g) Any sustained complaint of threats made �y personnel afi fhe Company
while acting in their capacity as employees af Company made against third
parties during a police pufl or otF�erwise.
h) Failing to comply with al1 directions of police personnel at the scene of a
pofice pull or civilian or police personn�i at the Police Auto Pound.
Company may request a police supervisor to �alidate any such direc#ion
given.
i) Failure to camply with ar�y state or federal law or city ordinance related to
the operation of a wrecker company.
"Candem Wrecker [�
Page 9 of 12
jj Five (5j passes within a tnirty (30) day period. Pass in this paragraph shall
mean Company failing to notify the City of its i�ability to respond to a
request for service as required by paragraph 2 above.
k) Ten (1 �) passes within a thirty (3Q) day period. Pass in this paragra�h shall
mean a Campany notifying the City of its inability ta respond to a request for
service as required by paragraph 2 above.
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 ar suspend for
cause twer�ty (20) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Palice ar his designee
regarding the intent to terminate or suspend for cause by requesting a hearing in
writing within fiv� (5) business days aft�r receipt of notice of intent to t�rminate or
suspend. A hearing shall be conducted withir� fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 In the event ihis eontract is suspended for cause, the suspension shall be
for a period of time of not iess than six (6) months nor more than twelve (12)
manths.
7.4 In the event City suspends or terminates fhis contract fior cause, and the
caus� far such suspension or terminatian is determin�d to be invalid, Company's
sole remedy shall be reinstatement of this contraci. ComPany expressly wai�es
any and a11 rights to monetary damages, including but not limited to actual a�d
punitive damages, court costs and attorney's fees.
8.
INDEMMFICATIDN
With regard to any liability wh�ch might aris� heretander, City and Company
agree that they shal[ be salely and exclusively liab�e for the negligence of its own
agen#s, s�rvants, subcontracfors and em��ayees and that neith�r party shall look
to the other party to save or hold it harmEess for the consequences of any
ne�li�ence on the par� of one of its own agent, servant, subcontractor or
�]�411de[tl W1'�C�SCP lo
Pade l0 of l2
emplayee. Nathing contained herein sf�aq be construed fo be a waiver �y Citiy of
any right of protectian that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof fo any par�y without the priar written consent of City that shall nof be
unreasonably. Any such assignment, transfer or sublettin� of this Contract shall
be void and shall aperate as a terminafiion hereof.
10.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall
per�orm all work and services hereunder as an independent contractor, and not as
an ofFicer, agent, servant or employee of the City. Company sha[! have exclusive
contral of and the exclusive right #o control the details of th� work or service fo be
perfarme� hereunder, and all persons performing same on behalf of Company,
and shall be solely respor�sible for the acts and omissions of its officers, agents,
servants, employees, cantractars, subcontractors, iicensees and invitees. The
doctrine of respondeat superior shall not apply as between the City and Company,
its o�ficers, agents, servants, employees, contractors and subcontractors, and
nathing herein shall b� constr�ed as creating a partnership or joinf venture
between the parties hereto.
In witness whereof, the parties nereto ha�e executed this Contract on the
� �`�` day of � , 20Q�.
�
Tandem Wrecker 1 i
Pa$e 11 of l2
' � ; � r � �_=� -_ ' ��; r �'
,�,s�nr�ac� A �.hori�at�ion
ATTEST: �� `'� � ,- - I '� ���_ _
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�a�.e
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�,�,� �
Glor� Pearson
City S�cretary
APPR�VED AS TO FORM
AN LEGALITY
`�
r•
Assistant City Attorney
ATTEST:
Corparate Secretary
Tandem Wreckee 12
Page 12 of ] 2
CITY 4� F�RT WORTH
gx� ,� �
Libby I�fatson
Assistant City Manager
American Tow & Auto
R�epair
(Gompany Narne)
�_..__�_����. -�
By�.s �
�
Ken Elkomous, P�nt O+�n�
� , , ��v�'wl 's�����
;��'� ���������
��a ��y+I ��J �{ Il � � q 6��
E��II�IT �
AUTO P��J1�D
Tl�e followuig E•ules and regulations will be #'allawed Uy ALL �Vrecicer Companies
upon �tr�-iv�l �t tl�e Auto Pou�d.
The e�ltry gate will not be blaciced by wrecicers waiking to et�ter or exit the A«to
Pound,
2. No wrecker shall eilter t��e Auto Potuid with more than one (1) persoi�lopetator,
llllle55 a�lt�l0ilZ�Cl �j! ��1e OIl C�Llty S�llft SllpEl'V1SOi. T�715 W11� 170 C�011B OIl 1 CaSe b�
Ca50 vaS15.
3. For safety reasons, a Car Carrier will be required to off load their cargo w�ien
possil�le. This sl7all be deternzined by the on duiy supervisor,
4. Inve«�ories should be laandled in ai1 expeditious �z�a��ner r�rl�eil p�ssible. Hawever,
Atiito Pound persomlel are rec�uired to do a complete and precxse inventory of alI
property and vei�icles. A specific time frame wauld be in�possible to izastitute.
5. No wrecicer drive�/operator will assist witl� any inventory being cond�icted by
Auto PoLu�d per�oiuiel.
G. The use of Car Carriers, extra time, extra ec��.iiprneilt, etc., shall be subject to
approval by the Wrecicer Adininrstrator or Auia Potuid Supervisor.
7. Wrecicer di•iverslo�eratorslowners sl�ali be required to follovv any directioizs or
instructians given Uy Auto Potind persoiuiel.
$. Wrecicer Conlpaiiy Owners shall assist and colnply wiil� airy 111V�5t1��t1011
perfonned l�y Auto Pound peisani�el or the Fo�-t Worth Police Dep�-tm�nt in
rega��ds to their coinpany, driver, op�rator and or Uusiness witho�.it hesitation.
9. Violations of any of the al�ove r�iles shall Ue st�bject to r•eview by t11e Wrecicer
Administrator or Auto Pa�tild Supervisor.
Th� A��to 1'ound S�zpervisor or a higi�er level of coinmaz�d may determine
disciplii�ary action Lt� to a�1d includiizg tenninatioza of contract.
City of Fo�t Wo�th9 �'exas
���r ��d �,��n��i� ����r►c�n�c�����
DAT� REFERENCE NUMBER LOG NAME PAG�
418103 �_� �5�� 35TOWS 1 of 2
SUBJ�CT SUPPLEMENTAL APPR4PRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWlNG OF WRECKED OR ABAND4NED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY C[TY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATI�N:
It is recommended that the City Council:
1. Authorize contracts for Palice Department reques#ed non-conser�t towing af wrec�Ced or abandoned
vehic[es fram multiple �endors as required by Section 34-181 of the Code of the City af Fort Worth
(1986), as amended; and
2. Authorize the contracts to begin April S, 2�D3, and expire September 30, 2aa�, with options to
renew for four ad�itional one-year periods; and
3. A�opt the attached supplemental appropriatian ordinance increasing estimated receipts and
appropriations by $446,944 in the General Fund from available funds.
DISCUSSION;
Section 34-181 of the Code of the Cify of Fort Worth (198fi), as amended, required that ��I �QCIGB
department, non-consent taws, shalf be ur�dertaken pursuant to cant�act, specifically executed between
the City and a wrecker campany. The Public Safety Committee extensiuely revi�wed the new raies an�
unanimously approved this recommendatian on March 25, 2Q03.
There are three types of contracis and rates as foilows:
o Standard taw trucks $100
• Tilfi bed/rollback tow truc�Cs $125
o Tandem tow trucks $180
Contracts will be executed with any r�endor desiring to perfarm non-co�sent tows for #he Police
Department, if they meet the eontract requir�ments such as towing aperations being the vendors
primary business, equipment s�ecifications, insurance, and a locally licensed storage facilfty.
The f�es for services to be pro�ided and assignment ta one of fiour zones are the same as conta'rned by
City Code. The estimate� expenditure #or these services is $1.8 million per year including the
anticipated increase (of $446,944) for the remainder of the fiscal year �ased on the re�ised rates. This
increase will be offset by re�enue collected as fees. .
RENEWAL �PTfONS - These contracts may be renewed for up to four successi�e one-year terms at
the City's aption. This aciion �oes not require specific City Cou�cil appro�al provided the City Caunci�
�ity o, f �'o�t d�or�tl�, T'exas
A��� ��1� ����1�`�` ���1'1�1l��11��t���1
DATE ftEFERENCE NUMBER LOG NAME PAG�
418103 �-� �54,e� 35T�WS I 2 of 2
s�as��cr SUPPLEMENTAL APPROPRIATIDN �RDINANC� AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQLJIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
has appropriated sufficient funds ta satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTfFICATfON:
The Finance Director certifies that upon appravaf and cam�letinn af the abo�a recammendations and
the adoption of the attacf�ed supplemental appropriation ordinance, funds .will be available in the current
operating budget, as appropriated, of the General Fund.
LW:r
Su6mitted for City Manager's
Office by:
I FU1�D � ACCOUIVT I
� (tn)
� GGQ1 539T20
b183 � GG01 462624
�
48386 I (fram)
I GG01 539120
CCNTER I AtVipUNT
a353403 $446,944.00
fl353403 $446,944.00
CITY SECRCTARY
Libby Watson
Originating Department C-[ead:
Ralph Mendoza
Additional InformAtion Contact:
Susan �1[anis
7$262 I
I APPRaVED 04/08/03
0353403 $446,944.00 � OR.D.# ] 5517