HomeMy WebLinkAboutContract 28610f {�
- - _ _ ... .. 1 CON �Ae���',�RY ��
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CONTRACT �OR T4W TRUCK SERVICE r
(TANI7EM AXLE)
WHEREAS, the City of For� Worth occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of fhe City of Fort WortE�,
NOW, THEREF�RE, KNOW ALL BY THESE PRESENTS:
The City of F�ort Workh, hereinafter referr�d to as "City", acting nerein by
and throu�h Libby Watsan, its duly authorized Assistant City Manag�r, and
Texas Towi�q Wrecker Service Inc., hereinafter referred to as "Compar�y", acting
herein by and through Jerry Clav Jr., ifs dufy authorized Presid�nt, agree as
follows:
9.
SERVICES
City hereby contracts with Company to provide �olice pull towing service.
As used herein, "police pull" shall mean that the Fort Worth Police Department
has called Company from the rafiation list to either remove a wrecked or disabled
vehicle or to remove a �ehicle in a safie driving condition, but the owner is nof
present, able ar permitted to drive or to make authorizations.
2.
TERM
The initial term of this contract shall expire on September 30, 2003. In
addition to the initial term of this contract, fhere shall be faur opfions to renew for
terms of one year each, unless earlier terminated as hereinafter provided.
R�newal shall occur upon City including in its budget for tl�e options years
sufficien# funds �o pay for its obligations hereunder an�i Company �roviding proof
of insurance to City.
3.
COMPENSATION AND PAYMENT
3.1 Comqensation. As compensation for providing- . t�e G��G_ ___
cantemplated �y this Contract, City agrees fa pay Com�any ��sni�s�tc�vv�.
; i
0
a) Towaae. A ci�arge of One hundred eighty Dollars ($180.�Q) per haur
for towing such vehicle from one point on a street fo another location
within the cor�arate limits of the city as directed �y the police
department at the place wh�re fhe tow originated. The minimum
charge shall be for one hour; after the first hour, time shall be billed for
in increments of fifteen (� 5} minutes, af a charge of $45.QD per
increme�t. .
b) Second fandem axle tow truck. In the event the pol�ce officer at
the scene determines that a second tandem axle tow truck is required,
a charge of One Hundred eighty dollars ($`I80.Oa} per hour billed in
increments of fifteen (15) minutes while at the scene of the police pull,
with a minimum charge for one hour, at a charge af $45.Q0 per
increment. Travel tim� is excluded.
c) Reimbursabfes. In the event Company is required to rent equipment
or other materials specifically reEated to a police �ull as directed in
writing by a police supervisor at the scene, Company sha{I be
r�im�ursed the actual cost incurred plus fifteen percen# (15%},
Charges under this subparagraph are subject to. the r��iew and
approvai of a police supervisor.
d) Extra help. An additional char�e of fwenty dollars ($20.00) per
man per hour, with a minimum charge of four (4) hours, when
authorized in writing by a police supervisor at the scene of the poiice
pull.
e) Air cushia�s.
1.) Regular cushions - A charge of one hundred-fifty dollars ($�50,00}
per hour per eushion, wi#h a minimum charge af one hour. After the first
hour blling shall be in increments of fifteen (15) min�tes.
2.} Tanker cushions - A charge of four hundred dollars ($400.D0} per
hour per cushion. After the first hour billing snal[ be in ir�crements of
fifiteen {� 5) minutes.
1'andem Wrecker
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3.) Prior ap�roval by a police supervisor af the scene of a police pull is
re�uired for the use of air cushions.
f) Handlina hazardous materials. When the carga of any matar
vehicle or trailer includes explasive, nuciear, radioactive, hazardous ar
corrosive maferials, as defined by the Environmental Protection
Agency, Texas �epartment af Transportation, or the Texas Naturai
Commission on Environmenfal Quality, a fee equal to one hundred-fifty
(150} percent of the charges incurred under subparagraph "a" above.
g) Tractor, hvdraulic tilttail, lowbov, other specialized equipment. A
charge of one hundred eighty dallars �$180.00) per haur, bifled in
increments of fift��n (15} minutes, w�th each incremenf being charged
as $�5.04 �er increment, as authorize� in writing by a�olice
super�isor at the scene of the palice pull. The police supervisor shall
sign the wr�cker selection farm.
h} Nothing contained herein shall be construed so as to obligate C�ty tn
expend any sums of money except for services acfually rer�dered.
Further, nothing contained herein shall be construed so as to
guarantee fo Company thafi City wil[ cantact Com�any for any towing
services contemplated by this Contract.
3.2 Invoicinq and Payment. Company shall Invoic� City once per manth.
Company shall incfude with the invoice such documenfs as may be reasanably
requested to pro�ide evidence of the services provide� to the City, which at a
minimum shall inclu�e copies of the wrecker selecfion form signed by the off'icer
at the sc�n� of the police pull andlor personne[ at the Fort Worfih Auto Pound.
Such invoice shall be subject to the review ar�d approval of appropriate City
personnel. City shall remit payment to Company not more than thirty (30) days
following approval of invoice.
3.3 Comqensation Review. City shall review on an annual basis the
compensation provided for hereund�r, with the first such review to be canducted
during the month of August 2003. Similar reviews shall occ�r in Au�ust of each
succeeding �ear that this cpntract is in effect. City shafl make adjustments in the
Tandem Wrecker �
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,
compensatian based upan increases or decreases in the cost of doing �usir�ess,
�aking into consideration fuef, insurance, labor, and such other costs as may be
relevant to the operation of a towin� business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Compa�y shall maintain at all times the following vehicies and equipment
in working condition:
a) A minimum of one (1) tandem axle (heavy duty} wrecker rate� af no# I�ss
than 26,OD0 grass vehicle weight, equipped with a power winch and winch
li�es with a boom rated at not less than 50,000 po�and lift capacity.
�) At a minimum, all wreckers shall bc� equipp�d with the following equipment,
which at all tim�s sha[I be maintain�d in working ord�r:
�}
2}
3)
4)
5)
6)
7)
8}
9}
ia)
11)
12)
13)
14)
�5}
Tow bar
Towing lights
Emergency o�erhead warning lights (red or amber color on�y)
Safety chain
Fire extinguisher, A. B. C. type
Wrecking �ar
Broom
Ax
Shovel
Ref[ectors or traffic cones
Trash contain�r
Two way voice or computer communication between tow truck and
Company dispatcher
Backing warning signal
Wheel chocks
Traffic cones
c) Each wrecker shall have the identifying marKings required by the Texas
Transportation Code, section 642.002. In addifiion, each wrecker shall provide
Notice of Complaint Procedures to the owner of a fowed �ehicle as outlined by
Ta�zdem Wrecke�- 4
Page 4 of 12
r
the Texas Department of Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter � 8, subchapfer � 8.89, as same may be
amended from time to time.
d) Each tow truck and the required equi�mer�t shaf� be inspected by the Ch�ef of
Palice or his authorized designee prior to being used for serv�ces contemplated
by this contract. In addition, each tow fruck and the req�ired equipm�nt shall be
subject to intermittent inspection to assure compliance with this contract.
N'�
INSLJRANCE REQUIREMENTS
Company shall maintain insurance from insurers acceptable ta City in the
following types and amounts:
5.1 Commercial GeneraC �iability
$1,a00,000 each occurrence
$1,000,000 aggrega�e
or
Garage �iabiliiy
$1,000,000 each accident, other tnan aufo
$�,OQD,OOD aggregate
5.2 Automobile �iability
$1,Q00,000 each accident, combined single limit
This cov�rage shall include all vehicles owned or non-owned that are
operating un�er Company's operating authority.
5.3 Cargol�n-Hook
$50,000 per uni�
Coverage shal! inclUde bath the unit being towed and its contents.
Units covered shall include �ut not be [imited to motor vehicles,
trailers and boats. Co�erage shall be written on a direct primary
basis.
5.4 GARAC�K�EPER'S LlpeBILITY
$50,000 per unit
5.5 Work�r's CampensationlAccident Insurance
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Cov�rage shal� meet the minimum requirements of state law as
contained in the Motar Carrier Rules and Regulations.
5.6 Current insurance cer�ificates shall remain on fle with the City during the
term of this Contract. Insurance caverages may, at the sole �iscretion of the City,
be revised upward upon thirty (30) days prior written notice to Com�any. Policies
sf�all be endorsed as fol�aws:
a) The City, its officers, employees and servants shall be endorsed as an
additional insured on all policies except employer's liability insurance
coverage under the workers' compensation insurance policy.
b) Certificates af insurance shall be deliv�red to th� supervisor af the City of
�ort Worth Auto Pound, 1301 E. Nor�hside Dri�e, �or� Worth, TX 76102,
�rior to any work being performed under this contract.
c} Any failure on pa�t of the City fo r�quest required insurance
documentation shall not constitute a wa��er of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed �o provide the City a minimum
thirty days notiee of cancellation, non-renewal, andlor mater�al change in
policy terms or coverage. A ten days nofice shall be acceptable in the
event of non-payment of premium.
e} insurers must be authorized to do business in the State of Texas and
have a c�arrent A.M. Best rating of A: VII or equivaEent measure of financial
strength and solvency.
f) Deducfiible limits, or self-fund�d ret�ntion limits, on each policy musf nof
exceed $10,000.�0 per occurrence unless atherwise approved by the Gity.
g) Other than worker's comp�nsation insurance, in lieu of traditional insurance,
Ciiy may consider alternative co�erage or risk tr�atment measures through
insurance �ools or risk retention groups. Tne City rriust apprave in writing
any afternative coverage.
h) City shall not be responsible for the dir�ct paymenf of insurance premiUm
costs.
Tandem Wracker 6
Pa�e G n1' l2
i) Insurance palicies shall each be endorsed to pro�ide that such �nsurance
is primary pratectian an� any self-fun�ed or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j) Company shall repor�, in a timely manner, to City's officially designated
confract administratar any known Eoss occurrance which could give rise #o
a liability claim or lawsuit ar which could result in a praperty [oss.
k) Company's liability shall not be limited to the specifie� amounts of
insurance required herein.
I} Upon the request of City, Company shall provide complete copies of all
insurance policies required by these contract �ocumenfs.
5.7 In th� event a state or federal law, rule ar regulation pertaining to wrecker
service companies op�rating within the State af Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulation shall
pre�ai� for the respective type of insurance coverage andlor limit thereaf.
6.
DLJTIES AND RESPONSIBILITIES 4F C�MPANY
Company, during the term of this cantract, shall perForm tne following duties
and have the following responsibilities:
a} Mainfain as its primary business the towing of vehicles or trailers by
wreckers m�eting fhe re�uirements af paragrapns 4(a} and 4{b} above.
"Primary business" shall mean �hat Company recei�es more thar� fifty p�;r-
cent (50%) of it gross revenues from the towing of vehicles and trailers. Aq
of company's records shall be open to reasanable inspection, both at the
time of execution of fhis agreement and at any time during the term i�ereof,
to verify cam�liance wifh this condition.
b} Maintain a currently licertsed vehicle storage facility located within the
corporate limits of the Cify. "Veh�cle storage facility" shall mean a fiacility
operated by a person licensed under Article 6687-9a, Revised Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
we�k.
Tandem Wrecker '7
Page 7 oF 12
d) Respond to all calls cantem�lated by this contrac� within forty-five (45}
minutes of notification, except in extraordinary situations vvhere delay is
cause� by ice, snow or other weatner related conditians. In the event
Company fails to respond as required, City may notify another wrecker
company and Company shall nof be entitled to the compensation to which it
would have been entitl�d had it arrived timely.
e} Maintain on file with the City the name of fhe awner, president or chief
executi�e afficer, business address and telephone number; furth�r,
Company shall nofify the City of any change of ownership, pr�sident or
chief executive officer, or change of address within fi�e (5) busin�ss days of
any such change.
f) Deliver the motor vehicle being tow�d to the locatian within the corporate
limits af City designated by the police officer at the scene af the pull.
Delivery shall be made without delay or d�tour.
g) Fully cooperate with any investigation conducted by the City regarding
campiaints against Company, whether or no# such camplaints arise out of
services cantemplated by this Contract.
h) Shal! not b�come delinquent in the payment of any taxes due to City.
i} Shall not go to any accident scene unless #he Compa�y has been called to
the scen� by the awner or operafior of a vehicle or an authorized
representative af same, or by the City.
j) Completely 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 cur�line.
k) Shall nQf solicit any wrecke� �usiness wi#l�in the corporate limits of City af
the scene of a wrecked or disabled vehicfe, regardless of whether the
solicita�ion is for the purpose of solicit�ng the business ofi fiowing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
h) Shall an�y employ drivers af tow �rucks authorized to operafe same.
Tande�n Wrecker
Page8oFl2
L;
i) Provide Police Auto Pound p�rsonnel with an invoice at the time the towed
vehicle is delivered to the Paund togeth�r with a signed wrecker selection
form provided by the police officer or supervisor at the scene af the po[ice
pull.
7.
TERMINATION OR SUSPEN510N
7,1. This contract may be terminated or susp�nd�d by City for any of the
following causes:
a) Vialation of any term andlor candition specified in this contract.
b) �ail�re to natify the Communications Di�ision of the Police D��artment
within fifteen (15} minutes from the time of notification if fhe Company will
�e una6le to respond within the forty-five (45) minutes allott�d for a
r�sponse to a wrecker call.
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 aperated by anyone whose operator"s license is
suspended.
e) Transferring or assigning any call far 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 occu�ring durin� a poCice
�ull or otherwise.
g} Any sustained complaint of threafs made by personnel of the Company
while acting in their capacity as employees of Com�any made against third
parties during a police pull or otherwise.
1�) Failing to comply witt� all directions of police personn�l at #he scene of a
police pull or civilian or police personnel at th� Police Auto Paund.
Com�any may request a police supervisor to validafe any sucn directian
given.
i) Failure to com�ly with a�y state or federal law or cEty ordinance related ta
fhe o�eration of a wrecker company.
1'�ndem WreakeC C�
Fage 4 aF l2
j) Five (�) passes w�thin a thirty (30) day period. Pass in this paragraph shall
mean Company failing to notify the City of its inability to respond to a
request far service as required by paragraph 2 abave.
k) Ten (10) passes within a thirty (30) day period, Pass in t�is paragraph shall
mean a Company notifying the City of its inab�lity to respond to a request for
service as required by �aragraph 2 above.
I) Vialation of any rule or regulatian contained in Exhibit "A" attached hereto.
7.2 Cify shall notify Company in writing of its intent to terminate ar s�s�end fior
cause fw�nty (20) days prior to such suspensian ar term�nation. Company shall
have the right to req�est a nearing before the Cl�ief of Police or his designee
regarding the �ntent ta terminate or suspend fior cause by requesting a hearing in
writing within five (5) business days after reeeipt of notice of intent to terminate or
suspend. A hearing shal� be conducted within fifteen (15} days of the request for
hearir�g. The City, in its sole discretion, may temporarily suspend th�s cantract
during any appeals pracess.
7.3 In the event this contract is suspend�d for caus�, the suspensian shall �e
for a period of time of not less than six (6) months nor more than twelve (12)
months.
7.4 In the e�ent City suspends or ferminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, ComPany's
sole rem�dy shall be reinstatement of this contract. Company expressly waives
any and all rights to mone�ary damages, including but not limited to actual and
punitive damages, caurt costs and attorney's fees.
8.
INDEMNIFfCATION
With regard #o any liability which might arise hereunder, City and Company
agree that th�y s�all be so[ely and exclusi�ely liable for the negligence of ifs own
agents, servants, subcontractors and employees and that neitner parky shall look
to the other party to save or hold it harmless for the consequences of any
negligence or� the part of ane of its own agent, servant, subcontractor or
Tandem Wrecker 1 a
Page lD of l2
employee. Nothing contained herein shall be construed to be a waiver by City of
any righf of prafiectian that if enjoys under applicable State or Federal 1aw.
9.
ASSIGNMENT
Company shall not assign, transfer or sublef this Contrac� or any �ortion
hereof to any par�y without the prior written consent of Cify that shall not be
unreasonably. Any such assignment, fransfer or subletting of this Contract shall
be vaid and shall operate as a termination hereof.
10.
INDEPENDENT CONTRACTOR
1t is understood and agreed by the parties hereto thaf Company shall
perform all work an� services hereunder as an independent contractor, and not as
an officer, agent, servant or employee af the City. Company shall have exelusive
control of and the exclusiv� right to control the details af the work or service to be
perFormed hereunder, and all p�rsons performing same on behalf of Company,
and shall b�; solely responsible for the acfs and omissions of its officers, agen�s,
servants, employe�s, contractors, subcontractors, iicensees and invitees. The
doctrine of respondeaf sup�rior shall not ap��y as between the City and Company,
its ofFicers, agen#s, servants, employees, contractors and subcontractars, and
nothing herein shall be construed as creating a partn�rship or jaint venture
between the parties herefo.
In witness whereof, the parties herefo ha�e executed tE�is Cantract on the
� �+� day of , 20U�.
Tandem Wrecker 1 1
Page l 1 of 12
A"rTEST:
� � �'r
� _Y �_ �- �: ^� � �_f _ .- - ,
Cont�act �uth�izatlon
� �_ � _ __� ....I �- - •- ,
Date
i�/!/�GLl/ LG�C/�/ft'� .�
�Glori Pearson
City Secretary
APPROVED AS TO FORM
AND LEGALITY
�
Assistant City Attorney
ATTEST:
Corporate Secretary
Tttndeen Wrecicer 12
Page l2 of { 2
CITY O�"1FORT WORTH
B� � � _. � =e� . .
Libby 1i+6`atson
Assistant City Manager
Texas Towina Wrecker
Service Inc.
(Company Name)
By:
Jerry ay Jr., Pr�sident
1 ; f�r'lv��' �.�v�.:. �t�i
� �� e�^.� .a r r, �a 'S�� `a
a„ ti �S
r � �,� � � ���' - --
��I�I��'� 1�.
�i7TCJ P�Ul�]�
TC�e fallowia�g �uIes �t�icl regulatious will be fal[owed by A�I, V�recker Campanies
upon ari•ival at tlte Auto Pound.
1. The ez�try gate will not Ue blocked. lay �rrecicers waitulg to enter or exit tl�e Auto
Pat�nd.
2. No wrecicer sl�all e�ltei tlie Auta Pound with more than one (1) personloperatar,
ui�less authorized l�y the oiz duty sluft super�visor. This will be doi-�e on a case by
case basis,
3. For safety reasons, a Car Cai-�-�er will b� requued to off load their caxgo when
p05S1�18. T11iS 511aI1 U� (I8t�1711111BCI Uy ��78 011 {�llijl SLl11ETVI50T.
4. In�entoi-ies sl�ould be ha�ldled in a�l ex�editiaus inanner when possible. However,
Auto Potuxd persoilnel aze zequired to do a compl�te and precise invei�tory af all
property az�d veilicles. A specific tulle f�ame would Ue iinpassible to iz�s�iiute.
5. No wrecker driver/o�erator will assist with a�ry ii��en�ory being co�dtiic�ed by
Auto Potmd persornlel.
b. Tl�e �ise of Car Can-iers, extra tinze, extra eqt�ip�neilt, etc., shall be subject to
approval by the Wr�cker Administrator or Auto Pollnd Supexvisor.
7. Wrecicer dri�vers/operators/owners sliall be required io follow a��y direciions or
instructiol�s given by At�to Poui�d persoilnel.
8. Wrecker Coillpat�y �wners shall assist and camply with any investigation
perfo��ed by Auto Pou�1d p�rsomiel or the Fort Wor-th Police Department in
regards to their compaaiy, driver, opez'atar and c�r business without hesitation.
9. Violations of any of the above i�iles s1�a11 be subject to review by the Wrecker
AdministXator o�r ALito Pound �upervisor.
Tl�e Auto Pound Supeivisor or a I�gher level of coi�unand may d�tei7nirie
disci�liizas�y actioz� up to a.iid includiz�g ter�ninatio�i of conhact.
C'ity o�.�'o�t Wo�tli, �'exas
����r �r�� ���n�;� ������;c�����
DAT� R�F'�R�NCE NUMBER l...OG NAME PAGE
418103 �A�g���, 35TOWS � af 2
SU�JECT SLIPPLEMENTAL APPROPRIATfON ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING DF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMM�NDATION:
It is recommended that tF�e City Council:
9. Authorize contracts far Po[ice Department reques�ed non-cansent towing of wrecked or ahandoned
uehicles fram multiple vendors as required by Seetion 34-181 of the Code of th� City �f Fort Worth
(1986}, as amended; and
2. Authorjze the contracts tfl begin April 8, 2003, and expire September 30, 2003, with optians ta
renew for faur additior�al ane-year periods; and
3. Adopt the attached supplemental apprapriatiar� ordinance increasing estimated receipts and
appropriations by $446,944 in the General Fund from available funds.
DISCUSSI�N:
5eciian 34-181 af the Code of the City of Fort Worth (1986), as amended, required thaf all police
department, non-consent tows, shall be ur�dertaken pursuant to contract, specificalfy ex�cuted between
t�� Cify and a rrv�ec�Cer comPany. The Public Safety Committee extensi�ely reviewed the new rates and
unanimously appro�ed this recommendation on March 25, 2003.
There are three types of contracts and rates as foliows:
o Startdard tow trucks
o Tilt bedlrollback tow trucks
o Tandem tow trucks
$10fl
$125
$180
Con#racts will be executed with any �endvr desiring to perform non-consent tows for the Police
Department, if they meef tEte contract req�irements such as tawing operations being the vendors
primary business, equipment specifications, insurance, and a localfy Iicensed storage facility.
The fees for servic�s to be pro�ided and assignment to ane of four zones are the same as contained by
City Code. The estimated expenditure for these services is $1.8 million per y�ar including ihe
anticipated increase (of $446,944) fior the remainder of the fiscai year based on the revised rates. This
inc�ease will be offset by revenue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at
the Ci�y's op#ion. This ae#ia� does not require speci�ic Gity Council appro�al provide� the City Council
C`ity of �'o�t T�orth, T'exas
���� a�r� �,�����1 �c�m��n���t���
DATE REFERENCE NUMB�F2 LOG NAME PAGE
418103 �ory 9�Q�q. 35TOWS 2 of 2
sus.��cT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WREGKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY QRDINANCE FOR THE POLICE DEPARTMENT
has apprapriated sufficient funds to satisiy the City's abligation during the ren�wal term.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director eertifias that upon approval and compfetion af the above recommendations and
the adopfion of the attached supp[emental appropriatian ordinance, funds will be available in tf�e current
operating budget, as appropriated, of the General Fund.
�►►�A7
Submitted for City Manager's
Office 6y:
Li6by Watson
Originating Dep�rtment Aead:
Ra1ph Mendoza
Additional Infarmaiion Contaet:
Susan Alanis
���Nn � Accou�vr � c�r�r�x
� (ta)
� GG01 539120 0353403
6183 GG01 462624 0353403
�
48386 I (from)
GG01 539120 0353403
�
'78262 I
I AMO[JIWT
$4�46,944.00
$446,9�44A0
$446,9�44.Q0
CITY SECRETARY
I APPROVED 0�10$/03
I OILD.# 155�7
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