HomeMy WebLinkAboutContract 28606p y
�I�Y �E��E�t��Y ��`�
CONTRAC� 1� , t�
CONT�d-;�kCT FOR T�IN TRUCK SERVICE
(TILT BEDIROLL BACK}
WHEREAS, the City of Fo�t Wor�h occasianally requires the services of
tow trucks; and
WHEREAS, such tow trucl� services are necessary to protecf the safety of
the citizens of the Cifiy of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referre� to as "City", acting herein by
and through Li�by Watson, its duly authorized Assistant City Manager, and Fort
Worth Tawinc� & Recoverv, hereinafter referrsd ta as "Company", acting herein
by and through Micha�l Yates, its duly authorized Own�r, agree as foflaws:
1.
SERVICES
City hereby contrac�s with Campany to provide police pull tawing service.
As used herein, "'police pull" shall mean that the Fort Warth Police Department
has called Company from th� rotation list ta either remove a wrecke� or disabled
venicle or fo remove a vehicle in a safe dri�ing condition, but the awner is not
present, able or permitted to drive or to make aufhorizations.
2.
���:�►►1
The initial term of this contract shall expire on September 30, 2003, ln
addition to tF�e initial term of this contract, there shall be four options to re�ew for
t�rms of on� year each, unless earlier terminated as hereinafter provided.
Renewal shall occur upon Cify including in its budget for the opfions years
sufficient funds io pay for its obligations hereunder and Comparty praviding proof
of insuranc� to City.
3,
COMPENSATION
3.1 Campensafion. As compensation for providing the services
contemplated by this Cantract, City agrees to pay Company as follows: _ �� __
_ .. .�.��'��',+,� ,������
� ���� ��������
�� �'��u���, ���.
a) Towaqe. A charge of one hundred twenty fi�e dollars ($125.D0) for towing
such vehicle fram one poir�t on a street fo ano#her location within tt�e
corporate limits of the city as directed by t�e police officer at the p[ace where
fhe tow originafed; such charge includes one-nalfi hour of Extra Work. In the
event Company responds to the scene of a palice pull with a tilt bedlroll back
truck when the palice p�all could have been accomplished with a standard tow
#ruck, Company shall be entitled to the reduced charge of One hundred
doll�rs ($100.Q0}.
b) Second taw vehicle. In th� event the �olice officer at the scene determines
that a standard tow vehicl� is required in addition to the tilt bedlroll back
truck, a charge of One hundred Dollars ($100.00) per haur, with a minimum
charge of one hour, billed in increments of fif�een {� 5) m�nutes while at the
scene of the po{ice pull. A police supervisor shal[ approv� the use of a
second tow truck. Travel time is excluded.
c) Extra work. An additEonal charge of �ne hundred dollars ($100.00) per
haur, with a minimum charge of one hour, charged in increments of fifteen
(15) minutes, for remaving vehicles that are off the sfreef right-of-way, SUCFI
charge ta be made from the time th� operator begins to remove the vehicle
until it is on fhe tra�el�d portion of the street. Even though the �ehicle is
within th� street right-of-way, an additional charge may be made ifi the �ehicle
is lacated �n some unusual condition within the right-of-way, such as, but not
limited to, a river or a creek b�d or a ditch of greater deptf� than the ordinary
bar ditch. Extra work sha�l only be allowed when authorized by a police officer
at the scene of the pull. The charges for such extra work shall be reviewed
and approve� by the Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean-up tim�.
d} Handlina hazardous materials. When the cargo of any motor vehicle or
trailer includes explosi�e, nuclear, radioactive, hazardous or corrosive
mat�rials, as defined by the Environmental Pratection Agency, T�xas
Depar�ment of Transportation, or the Te�cas Commission on Environm�ntal
Quafity, a fee equal to one hundred-fifty (1�0) percenf of tf�� charges
Tilt Wi�eckcr �
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permitted �nder subparagraph "a" above. Ir� addition, a charge may �e made
for exp�nses incurred relat�d to protective clothing and any other supplies or
equipm�;nf used in handling such materials, such charge being �qual to the
actual amounts incurred plus fifteen �15) percent.
e) Not�ing contained herein shafl be construed so as to obligate City to expend
any sums of money except for work actually performed. Further, nothing
contained herein shal{ be construed so as to guarantee that City will contact
Company fior any towing service eontemplated by tnis Contract.
3.2 Invoicinq and Pavment. Company shall Invoice City once per month.
Company shall indude with the invoice such documents as may be reasonably
requested to provide evidenc� of tf�e services pra�id�d to the City, which at a
minimum snall include co�ies of the wrecker selection form signed by the afficer
at the scene of the polic� pUl[ andlor personn�� at the Fork Worth Auto Pound.
Such in�oice sha{I be subject to the review and appro�al of appropriate City
personnel. City sha[I remit payment to Company not more than thirty (30) days
following approval af invoice.
3.3 Compensation Revi�w. Cify shall review on an annual �asis the
compensa�ion provided for hereunder, with the first such review to be conducted
during the month of AUgust 2003. Similar reviews sha[1 occur in Aug�st of each
succeeding year that this contract �s in effect. City st�ail make adjustments in �Y�e
compensation based upan increases or decreases in fhe cost of doing business,
taking into consideraiion fuel, insuranee, labor, and such other costs as may be
relevant to the operatian af a towing business,
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall main#ain at all times the following vehicles and equi�ment
in working candition:
a} A minimum of one (1 } tilt bedlroll bacK dual rear wheel wrecker rat�d af not
less than 14,000 pounds gross vehicle weight.
b) At a minimum, a[I wreckers shall be equipped with fhe following equipmer�t,
which at afl iimes shall be maintained in working order:
7'ilt Wrecker 3
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��
2)
3)
4)
5}
6)
7)
8}
9)
10)
1�)
12)
13)
14}
15)
Tow bar
Tawing lighfs
Emerg�ncy overhead warr�i�g lights (red or amber color only}
Safety chain
�ire extinguish�r, A.B.C. Typ�
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between tow truck and
Company dispatcher
Backing warning signals
W heel chocks
Traffic cones
c) Each wrecker shall have the identifying markings required �y the Texas
Transpor�at9on Code, s�ction 642.OQ2. In additian, each wrecker sha11 provide
Notice of Complaint Procedures to the owner of a towe� vehicle as ouflined by
the Texas Department of Transportation Rul�s and Regulations as contained in
43 Texas Administra�ive Code, Chapter 9 8, s�bchapfer 18.89, as same may be
amended firom time #o time.
d} Each tow truck and the required equipment shall be inspecied �y the Chief of
Police or his authorized designee prior fo being used for services cont�m�lafed
by this contract. In addition, �ach fow truck and the required equipment shall be
subject to infermittent ins�ectior� to assur� complianc� wifh this contract,
Tilt Wrecker 4
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5.
INSURANCE REQUIREMENTS
Company shall maintain ins�arance of the following types and amounts from
insurers acceptable tn the City:
�.1 Commercial General �.iability
$500,000 each accurrence
$500,000 aggregate
or
Garage Liala'rlity
$50fl,000 �ach accid�nt, ofher than auto
$500,Ofl0 aggregate
5.2 Automobile I�iability
$500,000 each accident, combined single limif
This coverage sha[1 include all vehicles owned or non-owned that are
o�erating under Company's operating authority.
5.3 CargolOnoHook
$30,000 per unit
Coverage shall include both the unit being tawed a�d its contents.
Units eovered sF�alf include but not b� limited to motor vehicies,
trailers and boats. Coverage sha[I be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILIiY
$30,OD0 per unit
5.5 lNorker's Compensationl�4ccident Insurance
Coverage shall maet the minimum requirements af state law as con-
tained in the Motor Carrier Ru�es and Regulations.
5.6 Current insurance certificat�s shall remain on fEl� with the City during the
term of this Contract. Insurance caverage may, a� the so[e discretion of the City,
be r�vised upward upan thirty �30) days prior written notice to Company. Palicies
shal[ be endorsed as follows:
'filt Wracker 5
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a} The C�ty, its officers, amPloyees and servants shall be endorsed as an
additional insured on all policies except employer's liability insurance
coverage under the workers' compensafion insurance policy.
b) Certificates of insurance shall be delivered to the supervisor of fhe City of
Fort WortY� Auto Pound, 1301 E. Northside Dri�e, Fart Worth, TX 76102,
prior to any work being performed under this cantract,
c} Any failure on part of the City to request required insurance
documentation sF�all not constitute a waiver of the insurance requirements
specif�ed �erein.
d) Each insurance policy sF�a11 be endorsed to pro�ide the City a minimum
thirty days r�otice of cancellatian, non-renewai, andlor mat�rial change in
policy terms or coverage. A ten days notice shall be acceptable in the
e�e�nt pf non-payment of premium.
e} Ir�surers m�st be authorized to do business in the State of Texas and
have a current A.M. Best rating of A: VII or �qui�al�nt measure of financial
strength and solvency.
f) Deductible limits, or self-funded retention limits, on �ach policy must nof
exceed $10,DQ0,0� per occurrence unless otherwise approved by fhe City.
g) Other tha� worker's compensatian insurance, in lieu of traditional insu�ance,
City may consider alterna�iv� coverage or risk treatment measures through
insurance pools or risk retention groups. The City m�st appro�e in writing
any a�ternative coverage.
h) Workers' compensation insurance policy(s} covering employees shall be
endorsed with a waiver of subragation providing righ�s of recovery in favar
of the City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) Insurance policies shall each be endorsed to provide that such insurance
is primary protectian a�d any self-funded or commercial coverag�
maintained by City shafl not �e called upon ta contribute to loss recovery.
7'ilt Wrecke3- 6
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k) Company shall report, in a timely manner, to City's officialiy d�signai�d
contract administrator any known loss occurrence which could give rise to
a IEability claim or lawsuit or w�ich could result in a property loss.
I) Campany's liability shall not be {imited to the specified amounts of
insuranc� rcquired herein.
m) Upon the request of City, Company shall pro�ide complete copies of all
ins�rance policies required by these contract doc�mer�ts.
5.7 In the event a state or fed�ral law, rule or regulation pertaining #o wrecker
SEIVIC@ companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal faw, rule or regulation shall
prevail for the respective type of insurance coverage and/or limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shaEl perform the following duties
and have the following responsibilities:
a} Maintain as its pr�mary business fhe towing of �ehicles or trailers �y
wr�ckers me�ting �he r�quir�me�ts of Paragraphs 4{a) and 4{b) abo�e.
"Primary busEness° shall mean that Company receives more than fifty p�r-
cen� {50%} of it �ross revenues from the towing of v��icles and trailers. All
of company's records shall be open to reasanable inspection, both at tf�e
time of execution of this agreement and at any tim� during tf�e term heraofi,
to verify compliance with this condition.
b) Maintain a currently licensed vehicle storage facility located within the
corporate limits of the City. "Vehicle storage facility" shal� mean a facifity
operat�d by a person under Articl� 6687-9a, Revised Statutes.
c) Maintain bUsiness operation tw�nty-four (2�) hours a day, se�en days per
week.
d} Respond to al[ calls cantemplated by this cantract within thirty (30) minutes
of notification, except in extraordinary situations where delay is caused by
ice, snow, or other weather related conditions. In the event Company fails to
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res�ond as required, City may notify anather wrecfcer company and
Company shall not be entitled to th� compensation to which it would have
been enfifled had it arrived timely.
e) Maintain on file with the City th� name of the owner, president or chief
�xecutive officer, t�usiness address and telepi�one number; further
Com�any shall notify the City of any change of ownership, preside�t or
chief executiv� officer, or change af address wiihin five (5} �usiness days of
any such change.
f} Deli�er the motor �ehicle being towed to the location within the car}�orate
limits of City designate� by the police officer at the sc�n� of the pull.
Deii�ery shall be made without delay or detour.
g} Fu1ly caoperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract.
h) Shall not become delinquent in the payme�t of any taxes due to City.
i) Shall not go to any accident scene un{ess the Company has been called to
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 respanding. Removal of debris shall not be considered
compfefe by mer�ly sweeping it #o the curbline.
k) Shall not solicit any wrecker business wit�in the corparate limits of City at
the scene of a wrecked or disabled v�hicl�, regardless of whether the
solicitation is for the purpose of solicitin� the busi��ss of #owing, re�airing,
wrecking, storing, trading, or purchasing the vehicf�.
I) Snall only employ drivers of tow trucks authorized to operafe same.
m}Pravide the Poliee Pound personnel with an ir�vaice at the time the vehicle
is delivered to the Auto Pound together with the signed wrecker selecfion
farm ta �e provided.
Tilt Wreckar �
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7.
TERMINATION AND SUSPENSION
7.� This contract may be terminated or suspended by the City for any of the
following causes:
a) Violation of any term or condifion specified in this contract.
b) Failure to notify the Communications Division af the Police Department
within fifteen (15) mint�tes from the time of notification if tha Company will
be unable to respond within the thirty (30) mi�utes alfotted far a response to
a wrecker call.
c) Permitting a fow truck to �e op�rated by anyone while u�der the influenee
of alcohol andlor drugs.
d) Permitting a tow truck to be operated �y anyon� whose operator's license
is suspended.
e) Transferring or assigning any call for service to any other company
f) Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees of Company, whether accurrirtg during a pofice
pull or otherwise.
g) Any sustained complaint of threa�s made by personnel of #he Gompany
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 directions of �vlice persvnnel at #he scene of a
palice pull or civilian or police personnel af the Police Auto Pound.
Company may request a polic� supervisar to validafe any such directian
given.
i) Failure to comply with any state or fed�ral law or city ordinance related to
the o�eration of a wrecker company.
j) Five (5) passes within a thirty (30) day p�riod. Pass in this paragraph shall
mean Company failing to notify the City of its inability fo respond to a
request for s�rvice as required by paragraph 2 above.
Tilt Wreckcr 9
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k) Ten (10} passes within a thirty (3Q) day period. Pass in this paragraph
shall mean a Company natifying the City of its inability to respond to a
reques# for service as required by paragraph 2 abo�e.
1) Violatian of any rule or regulation contained ir� Exhibit "A" attached hereto.
7.2 City shall notify Company in writing of its intent to terminate or suspend for
cause twenty (20) days prior #o such suspension or termination. Company shall
have the right to request a hearing before the Chi�f of Police or his designee
regarding fhe int�ni to terminate or suspen� for cause by requesting a hearing ir�
writing within five {5} business days after receipt of notice of intent fo terminate or
suspend. A hearing shall be conducte� within fifteen (� 5) days of #he request for
hearing. The City, in its sol� discretian, may temporarily suspend this contract
during any appeals process.
7.3 fn the event this contract is suspended for caus�, the suspension �hall be
for a period o� time of not less than six {6) 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 termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this contract. Company expressfy wai�es
any and alf rights to monetary damages, including but not limited to actual and
punitive damages, court costs and attorney's fees.
8.
INDEMN[FICATION
With regard to any [iabili�y which might arise hereunder, CEty and Customer
agree that they shall be sole�y and excl�sively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither parky shall look
to the other party to save or hold it harmless for the consequences of any
negligence on the part of one of i�s own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver by City af
any right of protection ti�at it enjoys ur�der applicable State ar Federal law.
Tilt Wrecicer � Q
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9.
ASSIGNMENT
Company shall not assign, �ransfer or sublet this Contract or any portion
hereof to any party without the prior written consen# of City thaf shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract shall be void and shall operate as a termination hereof.
�a.
ZONES AND ROTATION �IST
A. City sha�! divide tne city into four {4� zones tha# shall correspond to the four
{4) patrol divisions. Company snall be assigned to the zone or an adjacent zone in
which it maintains its principal place of business.
B. Cify shall create a rotation list within each of the four (4} zones that will
dictate the order in which wrecker companies are contacted.
C. City may rcquest Company to conduct a po[ice pull within any zone, and
Company agrees to use its best �fforts to arri�e at the scene of the police pull
within thirty (30} minutes.
1�.
INDEPENDENT GONTRACTOR
!f is understoad and agre�d by the part�es hereto that Campany shall
perform all work and services h�r�under as an independent cantractor, and not as
an officer, agent, servant or employee of tf�e City. Company s�all have exclusive
control of and the exclusive right to control the details of the work or service to be
perform�d h�r�under, and all persons performing same on behalf of Company,
and shall be solefy r�sponsible fo� the acts anc{ omissions of its ofFicers, agents,
�ervants, employees, contractors, subcar�tractors, licensees and invitees. The
doctrine of respondeat superior shall not ap�fy as between the Cify and Company,
its officers, agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or join� venture
between the parties hereto.
In wifness whereof, the parties hereto have executed this Contract on the
� ��-� day of � Yd , 20�r.
�
Tilt Wrecker 11
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ATTEST:
�
7J-�iL_�.
''�°``Glo a Pearson
City Secretary
APPROVED AS TO FORM
AND LEGALITY
�
Assistant City Attorney
ATTEST:
Corporate Secretary
Tilt IWrecker 1�
Page 12 af 12
CITY � FORT W�TH
.T
By� f$ -
2ib�y `� son
Assistant City Manager
Fort Warth Towina &
Recovery
(Company Name)
F
By:
Michael Yates, 4wner
r,
,] , � o� �
V�' ' � �U J'1�i6.4 �i'� �
�i��M9 t1!�tr"_i�}� �
, � - .rr��
�.����� � �
I�� ; � }�, ,�? s�� � �� ���
'I'l�e ��l�o���g f�i�les �n� a ege�D��io�s �viI1 �e fo��o�vvecl �Oy �1C,Y.. �WK ec�er Compan�es
upon art•i�al �t tl�e t�.uto lPound.
l. TI�e entry ga�e will not be blociced �y wrecI�ers waiting to enter ox exit .the Auto
Potuld.
2. Na wrecicer sl�all e�ter the Auto Pound �itlz inare t�aaa� one (1) personi/operator,
ui�.less autI�orized Uy the oi�. duty sluft superv�isor. This wi11 be done on a case by
case basrs_
3. For safety reasons, a Ca� Canier will be required to off load ��eir cargo when
possible. Tl�is sha11 Ue detern�ined Uy tlle on duty super�isor.
4. Ix�ventories sh�ould be handled in an expaditious mailner when possible. However,
Auto Pouild persox��el are reqi�red to do a complete and precise ii�ventory of all
�roperty and veiaicles. A specific tiir�e fiam.e would Ue �npossible to iustitute.
S. No wrecicer driver/operator will assist wiih any i�veiltoiy being conducted by
Auto Poui�d person�el.
6. The use of Car Catrier�s, extra tima, extra equip�ei�t, etc., shall be suUject to
approval Uy the Wrecicer Adz�.�iiiis�iator or Auto Pound Supervisor.
7. Wrecicer drivers/a�erators/owners s1�.all be required to Follow any d'u•ections or
i��st�-uctions giveil l�y Auta Potuad personnel. �
$. Wrecicer Compa��y Owners shall asszst aild comply witl� any ulvestigation
perfoi�led by Auto Paund p�rsoilnel or the Fort Wortli Police Departmezit in
regards to their corn��iy, dilver, aperator azld or husiness without hesitation.
9. Violations of any of tlle aUove i-ules sl�all be subject to review by tl�.e �recicer
Ad.�nizzist�ator or ALtto Pound Supervisor.
Tl�c Auta �aund �upeivisor or a lligher level of com�na�ld may deiei731ine
disciplii�.aiy actzon up to and 'ulcluding tei-�niilatian of cozitract.
City of �'o�t �Yo�th, T'exas
����r ��d �a����� ����u���c�#��r�
DA7� REFERENCE NUMBER LOG NAME PAGE
�181�3 �-� 9544 35T�WS 9 of 2
sus:��cT SUPP�EMENTAL APPROPRIATION �RDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHiCLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE P��.ICE DEPARTMENT
RECOMMENDATION:
Nt is recommended that the Ciiy Council:
Aufharize ca�tracts far PolEce Department requested non-eonsent towing of wrecked or abandaned
vehicles from multiple r�endors as required by Section 34-181 a� ihe Cade of the City flf Fort Worth
(� 986}, as amended; and
2. Authorize the canfracts to begin Apri� 8, 2a03, and �xpir� September 30, 2003, with options to
r�new for four additional one-year periods; and
3_ .Adapt t�e attached supplemental appropriatian ordinance increasing estimated receipts and
appropriations by $448,944 in the General Fund from avaiiable fur�ds_
DISCUSSION:
Section 34-181 of the Code of ihe City of Fort Warth (1988), as amended, required that all palice
department, non-consent tows, sl�al) be undertaken pursuant to contract, specifically execu#ed between
the City and a wrecker company. The Pub[ic Safety Committee extensively re�iewed the new rates and
unanimausly appro�ed this recammendatian on Mareh 2�, 2aQ3.
There are three types of contracts and rates as follows:
� Standard tow trucks $100
� Tilt bedlrallback tow trucks $125
� Tandem tow frucks $180
Contracfs will be executed with any vendor desiring #o perform non-cons�nt faws for th� Police
Department, ifi they meet tt�e contract requirements such as towing operatio�s being the �endors
primary business, equipment specification�, insurance, and a localiy licensed storage facility.
The fees for services to be provided and assignment to one of four zones are ihe same as contained by
Ci�y Code. The estimated expenditure �For these services is $1.$ mi�lion per year including the
anticipated increase (of $446,944� for the remainder of the fiscal year �ased an the revised rafes. This
increase will be offset by revenue collected as fees.
RENEWAL OPT[ONS - These contracts may be renewed for up ta faur successi�e orte-y�ar terms afi
the Gity's option. This action does not req�ire specific City Council appro�al pro�ided the City Council
C`ity o, f .�'o�t Wort�i, �'exas
�y�� �n� �,��t�c�l �,�m��a�;c�����
DATE REFERENCE NUMB�Ft LOG NAM� �="AGE
ar8ro� �d� g,�q�� 35TOWS 2 0� 2
�CIBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS F�R N�N-
CONSENT TOWING �F WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VEND�RS REQUIRED �Y CITY ORDINANCE FQR THE PQLICE DEPARTMENT
has appropriated sufFicient fun�s to satisfy the City's obligation during the renewal term.
FISCAL INFORMATIONICERTIFICATION;
The Financ� Direc�ar c�rtifies that upan approWal ar�d completian of the abo�e recommendat9ons and
the adoption of the attached supplemental appropriation ordinance, funds wi�l be available in the current
operatfng budget, as a�pr�priated, of the Genera[ Fund.
LW:r
Submitted far City Manager's
�ffice by:
LiBby Watson
Originating Department Head:
Ralph Mendoza
Addition�l Inforrziation Contact:
Susart Alanis
I FUND I ACCOUNT I CENTER
� (ta)
� GG01 539120 0353403
b183 GG01 462624 0353403
�
48386 I (from)
GG01 539120 03534fl3
�
78262 I
I AMOUNT
$4�6,9�44.00
$446,944.00
$446,944.00
CITY SECRETARY
I APPROVED 04/0&103
I ORD.# 15517
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