HomeMy WebLinkAboutContract 28608� �
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CONTRACT FOR TOW TRUCK SERVICE
(TILT BEDIROLL BACK}
WHEREAS, the City af Fort Warth occasional�y requi�es the services af
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of the City of Fort VVorth,
NOW, THEREFORE, KNOW AL� BY THESE PRESENTS:
Th� City of Fork Worth, hereinafter referred to as "City", acting herein by
and through Lib�y Watson, its duEy authorized Assistant City Manager, ar�d Kevin
Ballard Enterprise Inc., dba Ballard Service Center, dba Ballard Wr�ck�r Service,
hereinafter referred to as "Campany", acting herein by and �hrough Kevin
Ballard, ifs duly authorized Presid�nt, agr�e as follows:
1.
SERVICES
City here�y contracts with Company ta �ravide police pull towEng service.
As used herein, "police p�li" shall mean that the For� Worth Polic� Departm��t
has call�d Company from the rotation list to �ither remo�e a wrecked or disab[ed
vehicle or to remove a vehicle in a safe driving condition, but the ow�er is not
present, ab[e or permitted to drive or to make authorizations.
2.
TERM
The initial term of this contract shall expire on September 30, 2003. In
additior� to the initial term af this contract, there shall be four aptians to renew for
ferms of one y�ar each, unEess ear{ier terminated as Y��reinaft�r provided.
Renewal sha11 occur upon City including in its budget for the options years
sufficient funds to pay for its obligations heraunder and Company providing proof
of insurance to City.
3.
COMPENSATiON
3.1 Compensation. As compensation for pravidi�g i�-`�� --���� -
contemplated by this Con�ract, City agrees to pay Company as fC�lli,wti.
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a) Towaqe. A char�e of one hundred twenty fi�e dollars ($�25.00) for towing
such veh�cle from one point on a street to another location wift�in th�
cor�orate limits of the city as directed by #he police officer at the place where
the tow originated; such charge inc{udes one-halfi hour of Extra Work. In the
event Company responds to the scene of a pofice pull with a tilt bedlroll back
fruck when the police pull could have �een accomplEshed with a standard tow
truck, Company shall �e entitled to the reduced charge of One hundred
dollars ($100.00j.
b) Second tow veY�icle. In the event the police officer at the scene determines
that a standard fow vehicle is required in addifion to the fiif bedlroll back
trucic, a charge afi One hundred Dollars {$1D0.00) per hour, with a minimum
charge of one hour, bi[led in increments of fifteen (15) minutes while at the
scene of the police pulL A pofice supervisor shall approve the use af a
second �ow truck. Tra�el time is excluded.
c} Extra work. An additional charge of One hundred dollars {$100.00} per
hour, with a minimum charge of one hour, cF�arged in increments of fifteen
(1 �) min�tes, far removing vehicles thaf ar� off th� street right-ofi way, such
charge to be made from the time the operator begins to remove the vehicle
urttil it is on tha trave{ed portion of the streef. Even though ths �ehicle is
wifhin the street right-of-way, an additional charge may be made if the vehicle
is located in some unusual condition wifhin the rig�i-of-way, such as, but not
limited to, a river or a creek bed or a�ifch of greater depth than the ordinary
bar ditch. Extra work shall only be allowed when authorized by a police officer
at the scene of ihe pull. The charges for such extra work sha11 be reviewed
and approved by the Auto Pour�d Wrecker Administrator. Extra wor[c
exclud�s trav�l time, waiting time, and clean-up time.
d} Handlinq hazardous materials. When the cargo ofi any motor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Depar�ment of Transpo�tation, or the Texas Commission on Environmental
Quality, a fee equal to one hundred�fiffy (� 54) percent of the charges
Tilt Wreeker �
Pag� 2 01' 12
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permitted und�r subparagraph "'a'" above, In addition, a charge may be made
for expenses incurre� related to protective clothing and any other supplies or
equipment used in handling suc� materials, such charge being equ�l to the
actual amounts incurred plus fifteen {15) percent.
e} Not�ing contained Y�erein shall be construed so as to obligate City to exp�nd
any sums of money except for work actually performed. �urther, nothing
car�tained herein shali be construed so as fo guarantee that City will confact
Company for any towing service confemplated by this Contract.
3.2 Invoicinq and Pavment. Company shall Invoice City o�ce per month.
Company shall includ� with the invoice such dacuments as may be reasonably
req�ested to provide evidence of the s�rv�ces provided to the City, which at a
minimum shail includ� copies of the wrecker selection farm signed by the officer
a# the sc�ne of the police pull andlor persannel at the Fort Worth Auto Pound.
Such in�oice shall be subject to the review and approval of appro�riate City
personnel. Cify shall �emit payment to Company not more than thirty (30} days
follflwing approval of invoice.
3.3 Compensation Review. Ci#y sF�al[ re�iew on an annual basis the
com�ensation pro�ided for hereunder, with the first such review ta be conducted
during t�e month of August 2003. Similar r�views shal[ occur in August of each
succeed�ng year that this contract is in effect. City shall make adjustments in the
compensation based upon increases or decreases in the cost of doing business,
taking into consideratian fuel, insurance, labar, and such other costs as may be
relevant ta the operation of a towing business.
4.
VEHECLE AND EQUIPMENT REQUIREMENTS
Com�any shall maintain ai all times the followi�g vehicles and equipment
in workir�g condition:
a) A minimum of one (� } tilt bedlroll back dual rear wheel wrecker rated at not
less fhan 14,000 pounds gross vehicle weight.
b} At a minimum, all wreck�rs shall be equipped with the following equipment,
which at all times s�all be maintained in warking order:
Ti][ Wreekei-
Page 3 of 12
3
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2}
3}
4)
5)
�)
7}
8}
9}
�0)
1�)
12)
13)
14)
15)
Tow bar
Tawing lights
Emergency overhead warning lighfs {red or am�er color only)
Safety chain
Fir� extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
5 hovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between tow truck and
Company dispatcher
Backing warning signals
Wheel chacks
Traffic cones
c) Each wreck�r shall have the identifying markings required by the Texas
Transporkation Code, section 642.002. In addition, each wrec�Cer shall provide
Notice ofi Complaint Procedures to the owner of a towed v�hicle as ou#lined by
the Texas Department of Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 9 8, subchapter 18.89, as same may be
amended from t�me to time.
d} Each fow truck and the required �quipment sE�al[ be inspected by the Chief of
Palice or his autnorized designee prior to being used for services canfemplated
by this contract. In addition, each tow truck and the required equipm�nt shall be
subject to intermittent inspecfion to assure compliance with this contract.
Tilt Wrecker
Pagc 4 af 12
4
5.
INSURANCE REQUIREMENTS
Company shall maintain insurance af the following types and amounts from
insurers acceptable to the Cify:
5.1 Commercial General Liabilify
$500,000 each occurrence
$SQO,Q00 aggregat�
or
Garage �iabilify
$500,000 each accident, other than auto
$500,OQ0 aggregate
5.2 Automobile �.iability
$500,000 each accid�nt, combined sirtgle limit
This eoverage shall include all vehicles owned or non-owned that are
operating under Company's operating autharity.
5.3 Cargol�n-Haok
$30,Q00 per unit
Coverage shall inc[ude both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARI�GEK��P�R'S �[A�IL[TY
$30,QQ0 per unit
5.5 Wor�er's CompensationlAcc'rdent lnsurance
Coverage shall meet tY�e minimum requiremenfs of state law as can�
tained in the Mator Carrier Rules and Regulations.
5.6 Current insurance c�r�ificates shall remain or� fiile with the City durir�g th�
term of this Contract. Insurance caverage may, at the sole discrefion of the City,
be revised upward upon thirty (3�) days prior written notice to Com�any. Policies
shall be endorsed as fallaws:
Tilt Wrecker �
Page 5 of 12
a} Tne City, its officers, emplayees and servants shall be endorsed as an
additional insured on afl po{icies except employer's liability insurance
coverage under the workers' compensation insurance po{icy.
b) Certificates of insurance shall be delivered to the supervisor of the City of
Fort Worth Aufo Pound, 1301 E. Northside Dri�e, Fort Worth, TX 76102,
prior to any work being performed under this contract.
c) Any failure on part of the City to request required insurance
�ocumentafian shall not constit�t� a waiver of the ins�rance requirements
specified herein.
d} Each insurance policy shall be endorsed fo provide the City a minimum
thirty days notice of cancellation, non-renewal, andlor material change in
policy terms or coverage. A fen days notice shall be acceptable in the
eveni of non-payment of premium.
e) Insurers musf be authorized to do b�siness in the State of Texas and
have a current A.M. Best rating of A: VII or equivalent measure of financial
strength and solvency.
f) Deductible limits, ar self-funded retention limits, on each policy must not
exceed $1D,000.00 per occurrence unl�ss otherwise appro�ed by the Cify.
g} Ot��r ihan worker's compensafion insurance, �n Iieu of traditional insurance,
City may consid�r alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing
any alternative coverage.
h} Workers' compensation insurance policy(s) covering employees shall b�
endorsed w�th a waiver of subrogatian providing rights of recov�ry in favor
of fhe City.
i) City shall not be r�sponsible far the direct payment of insurance premium
costs.
j) Insurance policEes shall each be endorsed to provide that such insurance
is primary �rotection and any seff-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
1'ilt Wrecicer
Page G oT 12
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k) Company shall report, in a timely manner, to City's officially desig�ated
contract administrator any known loss occurrence which cou[d give rise fo
a liabi[ity claim or lawsuit or wh�ch could resul# in a praperty loss.
I) Company's lia�ility shall not be limited to th� specified amo�nts of
insurance required herein.
m) Upon the request of City, Company shall provid� complete copies of all
insurance policies re�uired by these contract documents.
5.7 In the e�ent a state or federal law, rul� or regulation pertaining to wrecker
service companies operating within the S#ate of Texas exceed insurance
requirements specified herein, such state or �ederal lav�, rule or regulation sha[I
prevail for the respective type of insurance coverage andlor limit thereof.
Q
DUTIES AND RESPONSfBILITIES OF COMPANY
Company, during the term of this contract, shall perform the following duties
and have th� following responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meetir�g the requirements of paragraphs 4(a) and 4{b) above.
"Primary business" shall mean that Company receives more than fifty per-
cent {50%) of it gross revenues from the towing of vehicles and trailers. All
of company's records shall be open to reasonable inspection, both at the
time of execution of this agreement and at any time d�ring the term hereof,
to verify complianee with this condition�
b) Maintain a currently licensed vehicle storage facility lacated within the
corporate limits of t1�e Gity. "Vehicle storage facility" sha11 mean a facili#y
operat�d �y a person under Article 6687-9a, Revised Statutes.
c} Maintain business operation twenty-four (24) hours a day, sev�:n days per
weelc.
d) Respand to all calls contemplated by this contract within thirty {30) minutes
of natification, exce�t in extraordinary situations where delay is caus�d by
ice, snow, or other weather related conditions. In the event Campany fails to
Tik Wreeker
Page 7 of l2
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respond as required, City may notify another wrec�Cer company and
Campany shall nat be entitled to the compensation to which it would have
been entitled had it arrived timely.
e} Maintain on file with the City the name ofi the owner, president or chief
exec�tive officer, busir�ess address and telep�one number; further
Campany shal[ natify the City of any change of ownership, president or
chief �xecutiv�; officer, or change of address within five (5) business �ays of
any such change,
f) Deliver the motor vehicle being tawed to the location withi� the corporate
limits of City designated by the po[ice officer at the sc�n� of the �ull.
Delivery shall be made withoufi delay or detour.
g) Fully cooperate with any investigation conducted by th� City regarding
com�laints against Company, whether or not sucn complaints arise out of
services contemplated by this Contract.
h) Shall not become delinquenf in the payment of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been called to
the sc�ne by the owner or operator of a vehicl� or an autharized
representative of same, or by the City.
j) Com�let�ly remove all debris resulting from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by merely sweeping it to the curbline.
k) Shall na# solicit any wrecker business within the corporate limits of City at
the scene of a wrecked or disabled vehicle, r�;gardless af whether the
solicitation is for the purpose of soliciting the business of fowing, repairing,
wrecking, staring, trading, ar purchasing the vehicle.
I) Shal� only emp[oy drivers of tow trucks authorized ta operate same.
m)Provide fhe Police Pound personnel with an invoice at the time the vehicle
is delivered to the Auto Pound togeth�r with the signed wrecker selection
form �o be pra�ided.
Tili Wrecker g
Page & of 12
7.
TERMINATION AND SUSPENSlON
7.1 This contract may be terminated or suspended by the City for any of the
following causes:
a) Violation of any term crr conditian specified in this contract.
b) Failure to notify the Communications Di�ision of the Police Depar�ment
wifhin fifteen (15) minutes from the time of notification if the Company will
be unable to respond within the thirty (30) minutes allotfed for a respor�se to
a wrecker cail.
c) Permitting a tow truck to be operated by anyone while und�r the influence
of alcohol andlor drugs.
d} Permitting a tow truck to be operated by anyone whose operator's license
is suspended.
e) Transferring or assigning any call for service to any ather company
f) Any sustained complaint of theft by p�rsonnel of Company while acting in
their capacity as employees of Company, whether accurring during a police
pulf or otherwise.
g) Any s�stained complaint of threats made by personn�l of the Cam�any
while acting in their capacity as emp�oyees of Company made against third
parti�s during a police puU or otherwise.
h) Failing to comply with all directions of pofice �ersonnel at the scene of a
police pull or civilian or police personnel at the Police Auto Pound.
Company may request a police supervisor to validate any sucF� direction
given.
i) F'ailure to comply with any state or federal law or city ordinance re[ated to
the operation of a wreck�r campany.
j) Five (5) passes within a thirty (30) �ay period. Pass in this paragraph sl�all
mean Company failing to natify #he City of its inai�ility to respond to a
request for s�rvice as required by paragraph 2 above.
`I'ilt Wrecker (�
Paoe 9 of l2
k} Ten �10) passes within a thir�y �30} day period. Pass in this paragraph
shall mean a Company notifying the City of its inability to respond to a
requesf for servicc; as required by paragraph 2 above.
I} Violation of any rul� or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Company in writing of its intent to terminate or suspend for
cause twenty (2�} days prior to such suspension or termination. Company shall
have the rigl�t to request a hearing before tY�e Chief of Police or his designee
regarding the intent to terminate or suspend far cause by requesting a hearing in
writing within five (5} bt�siness days after receipt af notice of intent to terminate or
suspe�d. A hearir�g shall be conducted within fift�en (15} days of the request for
hearing. T�t� City, in ifs sole d�scretion, may temporarily suspend this contract
during any appeals pracess.
7.3 In the event fhis contract is suspended for cause, the susp�nsion shall be
for a per�od of time of not less than six (6) months nor more than fiivelve (12)
months.
7.4 ln the event City suspends or terminates this contract for cause, and the
cause for such suspension or termination is determined to be in�afi�, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
a�y and a!I rights to monetary damages, including but not fimited to actual and
punitive damages, caur� costs and attorney's fees.
8.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Customer
agree that they sha11 be solely and exclusively liable for the negligence of its own
agents, servants, subconfractors and emplayees and that neither party �hall loo�C
to the other party ta save ar hold it harmless for ihe cartsequences of any
negligence on the part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver 6y City of
any rigF�t of protection that it enjoys und�r applicable State or Federal iaw.
Tilt Wrecker 10
Page 10 of 12
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any por�ion
hereof to any party without the �rior written consent of City that shall not be
unreasonabfy withheld. Any such assigr�ment, transfer or su�letting af this
Contract shall be void and shall operate as a termination hereof.
�0.
ZONES AND ROTATION L.IST
A. City shall divide the city into four (4) zones that shall correspond to the four
(4} patrol divisions, Company shall be assigned to the zone or an adjacent zone in
which i# maintains its principal place of business.
B. City shal� create a ratation list within each of the four (4} zones that will
dicfate the order in whicl� wrecker companies are contacted.
C. City may request Company to conduct a police pull wifhin any zone, and
Company a�rees to use its best efforts to arri�e at the scene of the pol�ce pull
wifhin thirty {30) minutes.
11.
INDEPENDENT CONTRACTOR
{t is understood and agreed by the parties hereto that Company shall
perform al{ work and services h�reunder as an independent contractar, and not as
an officer, agent, servant or employee of the City. Company shall hav� exclusive
control of and the �xclusive righf ta control the d�tails of the work or service to be
per�ormed hereunder, and all persons perForming same on behalf of Company,
and snalf be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. The
doctrin� of respondeat superior sl�all �ot apply as beiween the City and Company,
its ofFicers, agents, servants, employees, contractors and subcon#ractors, and
nothing h�rein shall be construed as creating a partnership or joint vent�re
between the parties hereto.
In witness whereof, the parfies hereto have executed fhis Contract on the
�� day of � �9 , 20�
4
'Cilt Wrecker � 1
Pa�e 11 of l2
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.;qn�ract Au�ho iz�tion -
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ATTEST:
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� Glor' Pearscn
City Secretary
APPROVED AS TO FORM
AND LEGALITY
�
Assistant ity Att nro ey
ATTEST:
Corporate Secretary
CITY �FORT INQl�IT�H
. _,
B�: __�f ,,
�ibby W a�f son
Assistant City Manager
Kevin Ballard Enterprise
Inc., dba Ballard Service
Center, �ba Ballard
Wrecker Se�vice
(Company Name)
.
By.
Kevin Ballard, President
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Tilt Wrecker i�
Page 12 of I �
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'd'he fa���o����g Q-a��es ��� � eg����eous �ei3 i�e �o➢�ovved by ALIG �Vrecl�er Co�npa�ies
upon art•iv�l �t the Auto Pound.
L The eniry gate will nat �e blocked Uy wrecicers waiting fa enter ar exit fi1�e Auto
POLlI1C�.
2. No wreci�er shall enter tl�e Auto Potiu�d witli inore than o�e {1) person/operator,
wu.less authorized by tl�e nn duiy sluft supervisor. Tlzis will be done on a case l�y
case Uasis_
3. For safety reasoizs, a Ca�• Ca�7-ier will be rec�uued to aff load their carga when
passible, This shall be detertnined bX the on duty supeivisor.
4. Inveiltories sllould be handled in an expeditious �naniier when possible. However,
Auto Pound persoiu3el are required to do a cornplete and precise inventory of all
property and vel-�icles. A speci�ic ti.��.le frame waL�ld be impos�ible to iustit��te.
5. Na wreclter cii�iver/operatqr will assist witlz a�ry uiventory being conducted by
Auto Pa��nd 1�ersozv,xel.
6. The use of Car Cai-�ier�s, extra tinie, exira ec�tupn�ent, eic., shall �e subject to
a�proval U.y tlle Wrecker Ada,nuustraior or Auio Poui�d Supervisor.
7. Wrecicet: c�:i�ers/operators/ovv��ers sllall be required to fallow a�ly.duections or
instzuctions gi�eil t�y Auto Pound persoilnel.
8. Wrecicer Co�nparay Owners sl�all assist a�1d cam�ly with a�y in�estigation
pe�foiz�ed by Auto Poui�d personnel or �lie Fort Worth Police Department in
regar.ds to their company, ci�iver, operator and or busi��ess withotit hesitatia�..
9. Violations of a�iy of the aUove rules sllall be subject to review Uy th� Wrecl�er
Aclu�.ia�.istrator or Auio Pound Supervisor.
T1�0 Auta Potti�d Supeivisor or a higiler level of corninaild nlay c�etei-niine
disci�izi�.a�-y action �tp to ai7d ii�chidin� terininatioii of corztract.
�'ity of Fori Wor�h, T "exas
���� 1�1�1� ������t ���1�[�f1��d1�1�i�
�ATE REFERENCE NUMBER LOG NAM� ' PAGE
4I8103 ��� g�4� 35TOW5 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORD[NANCE AND CONTRACTS FOR NON-
CQNSENT TOWING OF WRECKED OR ABANDQNED VEHICLES FR�M MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
I:�xKi] �i�►il��i�7���I�I��
It is recommended that ihe City Council:
1. Authorize contracts for Palice Department requested non-consent towing of wrecked or abandon�d
�ehicles fram rr�ultipEe �endo�s as required by Sectian 34-181 of the Code of the City of Fort VVort�
{1986}, as amended; and
2. Authorize the contracts to begin April 8, 2003, and expire September 30, 2003, with options to
renew for four additEona[ one-year periods; and
3. Adopt the attached supp[emental apprapriation ordir�ance increasing �stimated reeeipts and
appro�riations by $446,944 in the General Fund fram available funds.
D15CUSSfON:
Seciion 34-181 of the Code of the City of For� Worth (1986), as amended, required that all police
department, non-consent tows, shall be undertaEten �ursuant to contract, specifically executed betwe�n
the City and a wrecker company. The Pu�lic Saf�ty Camm9tiee extensively re�iewed the new rates and
unanimously� approved this recommer�dation on March 25, 2D03.
There are three types vf contracts and rates as faliows:
� Standard tow trucks $100
• Tilt bed/roliback tow trucks $125
� Tandem tow trucks � $180
Contracts wilf be executed with any vendor desiring to pertorm non-conseni tows for t�e Police
Departmeni, if they meet the contract requiremen�s such as towirrg opera�ions �eing the vendors
primary husiness, equipm�nt sp�cificatians, insurance, and a loca[ly licensed storage facili�y.
The fees for services to be pra��ded and assignment to one of faur zones are the same as contained by
City Code. The estimated expenditure for these services is $1.8 million per year including the
anticipated increase (af $4q�B,S44) �or the remaind�r af the #iscal year based on the revised rates. This
increase will be offset �y revenue collected as fees.
RENEWAL OPTIONS - These cor�tracts may be renewed for up to four successive one-year terms at
the City's option. This action does not require specific Cfty Council approWal pro�ided the City Council
. C`ity o��ort Wo�th� T'exas
� �� ��� �����1 ��������t���
� � �
DATE REFERENCE NUMBEF2 LOG IVAM� PAGE
418103 �o� g�q� I 35TaWS 2 of 2
5UB.lECT SIJPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDQRS REQUIRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT
has appropriated sufficienf funds to satis#y the City's obligation during t1�e renewal ierm.
F'ISGAL INF4RMATION/CERTlF[CATION:
The Finance Director certifies that upan appro�al and compl�tion of th� abo�e recommendations and
the adoption of the attached supplemental appropriat�an ordinance, funds will be availabie in the current
operating b�dget, as a�propriated, of the Ger�eral Fund.
LW:r
Submitted for City Manager's
�ff ce by: •
Libby Watson
Originating Department Nead:
Ralph Me�doza
Additional Infarmatian Contact:
5ussn Alanis
I FUND I ACCOUR'T I
I (to)
� GG01 539120
6183 � GG01 462624
�
d8386 I (from)
GGO'i 539120
�
78262 I
CEPVT�It I AMOUNT
0353403 $446,944.00 �
fl353403 $446,944.p0 �
0353403 $446,944.00
CITY S�CRETARY
APPRQVED O�f08/p3 .
pRD.# ]5517