HomeMy WebLinkAboutContract 28614C��ry �E����°��� � I
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CONTRACT FOFt T�W TRUCK SERVICE
(TILT BEDIR4LL BACK)
WHEREAS, th� City of Fort Worth accasionally requires the serv�ces of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of tY�e City of Fart Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City o� Fort Worth, hereinaffer referred to as "City", acting herein by
and thraugh Libby Watson, its d�ly aufhorized Assistant City Manager, and Lone
Star Towin� Service inc., hereinaffer referred to as "Company", acting herein by
and through Cadv Nicholson, its duly autharized President, agree as follows:
1.
SERVICES
City hereby contracts with Company to pro�ide police pull towing service.
As used her�in, '"police pull" shall mean that the Fort Worth Police Department
has called Company from fhe rofation list to either remove a wrecked or disabfed
vehicle or to remove a vehicie in a saf� driving candition, but the owner is not
pr�sent, able or permitted to drive or to mak� aufhorizations.
2.
��
The initial �erm af this contract shall expire on September 30, 2D03. In
addition to the initia! term of this contract, there shall be four options ta renew for
term� of one year each, un�ess earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget for the opt�ons years
sufficienf funds to pay for its obligatians hereunder and Com�any pro�iding proof
of insurance to City.
3.
COMPENSATION
3.1 Compens�tion. As campensation for pro�iding fhe
contemplated by this Contract, City agrees to pay Company as fiallnw��
services
�
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a) Towaae. A charge of one hundred twenty five dollars ($125.00) for towing
such v�hicle from on� point on a street to another location within the
corporate lirrtits of the ci#y as directed by the police officer at t1�e place where
the tow originat�d; such charge ineludes one-half haur of Extra Work. ln the
event Company responds to tF�e scene of a police puCl with a tilt bedlroll back
truck when the police pull could have been accomplish�d with a standard tow
truck, Company shall be entitled to the reduced charge of Or�� hundred
dollars ($100.00).
b) Second tow vehicle. In the e�ent the police afficer at the scene determines
that a standard tow vehicle is required in addition to the tilt bedlrol[ back
trucic, a charge of One hundred Dollars ($100.00) per hour, with a minimum
charge of one hour, billed in increments of fifteen (� 5) minutes while at fhe
scene of the police pulf. A police supervisor shall approve the use of a
secand tow truck. Travel time is excluded.
c} Extra work. An additiona� charge af One hundred dollars ($10D.00) per
hour, with a minimum charg� of one hotar, charge� in increments of fifteen
(15} minutes, for removing vehicles that are off the streef right-of-way, such
charge ta be made from the time the operator begir�s to remove the vehicle
until it is on th� traveled portion af the street. Even though the vehicle is
within the sfreet right-of-way, an additional charge may be made if the �ehjcle
is locafied in some unusual condition within the right-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than fhe or�inary
bar ditch. Extra work shall only be allowed when autharized by a police officer
a� the scene of the pulf. The charges for such extra work shall be reviewe�
and approved by fhe Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean-up time.
d) Han�Einq hazardous ma#eriais. When the cargo of any motor vehicle or
trailer includes expfosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
�epartment of Transportation, or the Texas Commissior� on En�ironmental
Qua[ity, a fee �qual to one h�tndr�d-fifty (150) percent of the charges
Tilt Wrecker 2
Page 2 of 12
permitted under subparagraph "a" above. In addition, a charge may be made
for expenses incurred related to pratec#ive elothing and any other supplies or
equipment used in handling such materials, such charge being equal to the
acfual amounts incurred plus fifteen (15) percent.
e} Nothing contained herein sha[I be cnnstrued so as to obligate City #o expend
any sums of money excepf for work actually performed. Further, nothing
contained herein shal� be construed sa as ta guarantee that City will contact
Company for any towing service contemplated by this Contract.
3.2 Invoicinq and Pavment, Company shall Invoice Cify onc� per manth.
Company shall include with the invoice such documents as may be reasonably
requested to provide evider�ce of fhe services provid�d to th� City, whic� at a
minimum shalE include copi�s of th� v+rrecker sefection form signed by the officer
at fhe seene of the police pull andlor �ersonnel at the Fort Worth Auto Pound.
5uch in�oice shafl be subject to the review and approval of appropriate City
personnel. City shall remit paym�nt to Company not more than tf�ir�y (3aj days
following approval of invoic�.
3.3 Compensation Review. City shall review on an anr�ual basis the
compensation provided for hereunder, with the first such revi�w to b� conducted
during the month of August 2003. Similar reviews snall occur in August of each
succeeding year tF�at this cantract is in effect. City shall make adjustments in the
compensation based upan increases or decreases in fhe cost of doing business,
taking inta cansideration fuel, insurance, labor, and such other costs as may be
r�l�vant to the operafian of a tawing business.
4.
VEHIC�.E AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the following vehicles and equipment
in working condition:
a) A minimum of one (1) tilt bedlroll back dual rear wheel wrecker rated at nat
less than 1�,000 �ounds gross vehicle weight.
b) At a minimum, all wreckers shall be equipped wiYh the follawing equipment,
which at all times shall be maintained in worlci�g order:
Tilt Wrccker �
Pa;;e 3 nf l2
,a
2)
3)
4)
�)
�)
7)
8)
9}
10)
11)
12)
13)
14)
15}
Tow bar
Towing {ights
Emerg�;ncy overhead warning lights (red or amber calor only)
Safety chain
Fire ex#inguisl�er, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Re�leciors or fraffic cones
Trash container
Two way voice or camp�ater communication �etween tow truck and
Company dispatch�r
Backing warning signals
Wheel chocks
Traffic cones
c) Each wrecker shalf have the identifyir�g markings required by the Texas
Transportation Code, section 642.002. In addition, each wr�;cker snall pravide
Notice of Complaint Procedures to the owner of a, towed venicle as outlined by
the Texas Departmenfi of Transportation Rules and Regulations as containe� in
�3 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended fram fime to fiime.
d) Each tow truck ar�d the required equipmenf shall be inspecfied by the Chi�f of
Police or his authorized designe� prior to being used for serrrices contemplated
by this contract. In addition, each tow truck and the required eq�ipment shall be
subject ta intermitter�t ins�ection to assure compliance with this contract.
Tilt Wrecicer
Page 4 of 12
4
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�.
INSURANCE REQUIREMENTS
Company shall maintain insurance af the following types and amounts from
insurers acceptable to the City:
5.1 Commercial General �iabrlity
$500,Q00 each occurrence
$500,000 aggregate
or
Garage �iability
$500,000 each accidenf, ather than auto
$�00,000 aggregate
5.2 AutomobiCe �iability
$5D4,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Company's operaiing authority.
5.3 Gargol�noHook
$30,Q00 per �nit
Co�rerage shall includ� both the unit being towed and its contents.
Units covered sha�l include but not be limited to motor �ehicles,
traifers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEK��P�R'S LIABILIiY
$30,OD0 per unit
5.5 Worker's CompensationlAccid�nt Insurance
Coverage shall meet the minimum requirements of s�ate law as can-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance ce�ti�ieates shall remain on file vvith the City during the
term of this Contract. Insurance coverage may, at the sole discretian of the City,
be revised upward upon thir�y (3Q) days priar written notice to Cam�any. Polici�s
shall be endors�d as follows:
Tilt Wreekel-
Pa�e 5 af 12
5
a) The City, its officers, �mployees and servants shall be en�orsed as an
add�tional insured on a11 policies exc�pt employer's liabilify insurance
coverage under the work�rs' campensation insurance policy.
b) Certificates of insurance shall be delivered to the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Nor�i�side Dri�e, Fort Worth, TX 761 a2,
prior to any work being performed under this contract.
c) Any failure on par� of the City to request reqUired insurance
documentation shall not constitute a waiver of tne insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirty days notice of cancellation, non-renewal, andlor material change in
policy terms or ca�erage. A ten days notice shall be acceptable in the
��ent of non-payment of premium.
e) lnsurers must be authorized to do business in the State of Texas and
have a current A.M. Best rating of A: Vll or equivalent measure vf financial
strength and solvency.
f) Deductible limi#s, or self-funded retentian limits, on each policy must not
exceed $10,OOfl.00 per occurr�nce unless otherwise approvec� by fi�e City.
g) Other than worker's compensation ir�surance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures �hrough
insurance pools or risk retention groups. Tf�e City must approve in writing
any alternative coverage.
h) Workers' campensation insUrar�ce policy(s} covering employees sha�l be
endors�d with a waiver of subrogation providing rights of r�cavery in favor
of th� City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) Insurance policEes shall each be endorsed to provide that such �nsurance
is primary protection and any self-funded or commercial co�erage
maintained by City shall not be called upon to contribute to loss recovery.
Tilt Wrecker
Page G of l2
6
k) Company shall repart, in a fimely manner, to City's officially designated
contract administrator any known loss accurrence which could give rise to
a liability claim or lawsuit or which could result in a praperty foss.
I) Company's liabifity shall not be limited to the specified amounts of
insurance required here;in.
m) lJpon the request af City, Company shall pro�ide complete copies of afl
insurance policies required �y these contract documents.
5.7 In the ���;nt a state or federal faw, r�le or regu[ation �ertaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rufe or regulation sha1l
prevail for the respective type of insurance caverage andlor limit thereof.
6.
DUTIES AND RESPONSIBILiTIES OF COMPANY
Company, during the term of this contract, shall perfarm the following duties
and have the �ollowing respansibilities:
a) Maintain as its �rimary business the towing of vehicles or trailers E�y
wreckers m�efing the requirements of pa�agraphs 4(a) and 4(b) above.
"Primary business" shall mean ihat Company receives more than fifty per-
cent (50°!0) of it gross revenues from the towing of �ehicles and traifers. AI[
of company's records sY�a!{ be open to reasonable inspection, both at the
time of execufion of this agreement and at any time during tne term hereof,
to verify compliance with this conditian.
b) Maintain a current[y licensed vehicle storage facility located within ihe
cor�orate limits of fhe City. "Vehicle storage facility" shall mean a facility
operated by a person under Article �687-9a, Revised 5fatutes.
c) Maintain business operation twenty-faur {24) hours a day, seven days per
week.
d) Respond fo all calls contemplated by this contract within thirty {30) minutes
ofi notificafion, except in extraordinary si�uatians where delay is caused by
ice, snow, ar other weaiher related cond�tions. In the event Company fails fo
Tilt Wrecker 7
Page 7 of 12
respond as re�uired, City may notify another wrecker company and
Company shall not be entitfed to the comp�nsafion to wh�ch it wauld have
been entitfed had it arrived timeiy.
e) Maintain on file with fhe City the name of the owner, presEdent or chief
executive officer, business address and telephone number; further
Company shall natify the Gify of any change of ownersnip, president or
chief executive officer, or change of address within five (5) busin�ss days af
any such change.
f} Deliv�r th� motar �ehicle being towed to ti�e location within the corporate
limits of City designated by fhe police officer at the scene of the pull.
De�ivery shall be made withaut delay or detour.
g) �ully cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contempiafed by fhis Contract.
h) Shall not become d�linquent in the payment of any taxes due to City.
i) Shall not go ta any accid�;nt scene unless the Company has been called to
the scene by the owner or operator of a vehicle or an authorized
represen#ative of same, or by the City.
j} Completely remove all debris resulting from any accident to which the
Campany is responding. Removal of debris shall not be considered
complete by merely sweeping it to tne c�arbline.
k} Shall nat solicit any wrecker business within the corporate limits of City at
the scene af a wrecked ar disabled �ehicle, regardless of whether the
salicitation is for the purpose of soliciting the business of tawing, repairing,
wr�cKing, storing, trading, or purchasing th� v�hide.
f) Shall only emp�oy drivers of tow trucks authorized to operate same.
m)Provide the Pofiee Paund personnel with an in�oice at the time the veF�icle
is delivered to the Auta Pound together with the sign�d wrecker selection
form fo be provided.
Tilt Wrecker
Pagc 8 oF 12
g
7.
TERMINATION AND SIJSPENSION
7.� This contract may be terminated or suspended by the Cify for any of the
following causes:
a) Violatian of any� term or condition specified in this contract.
b} Failure ta notify the Communications Division af tY�e Polie� Deparkment
within fifteer� (15) minutes from the time of notification if the Company will
be unable to respand within the thirty (30) minutes allotted for a response tn
a wrecker call.
cj P�rmitting a tow #ruck to be operated by anyane while under the influence
of alcohal andlor drugs,
d) Permitting a tow truck to be aperated by anyone whose operator's license
is suspended.
e) Transterrir�g or assigning any call for service to any other company
f) Any sustained comp[aint of theft by personnel of Company while acting in
fheir ca�acity as employees of Company, whether occurring during a police
pull or otherwise.
g) Any sustained complaint of thr€�ats made by perso�nel of the Company
while acting in tneir capacity as employees of Campany made against third
�arties during a police pu[I or otherwise.
h} Failing to comply with all directions of .police personnel at the scene of a
police pull or civilian or pplice personnel af the Police Auto Pound.
Company may r�quest a police supervisor to validate any such directian
given.
i} Failure to comply with any state or federal law or city ordinance refafed to
the operation of a wr�cker company.
j) Five (5) passes within a tY�irty (30) day period. Pass in this paragraph shall
meart Company failing to notify the City of its inability fia respand to a
re�uest for service as required by. paragraph 2 above.
Tilt Wrecker
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k) Ten (10} passes withitt a thirty (30} day period. Pass in �h�s �aragrap�
shall mean a Company notifying the City of ifs inability to respond to a
request for service as r�quired by paragra�h 2 a�ove.
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall natify Company in writing of its intent to terminate or susp�nd for
cause twenty (20} days prior to such suspension or fermination. Company shall
have the right to request a�earing be�ore the Chief of Police or his designee
regarding the intent to terminate or suspend for cause by requesting a h�aring in
writing within five (5) business days after receipt of natice of infent to terminate ar
suspend. A hearing shall �e canducted within fifteen {15) days of the request for
hearing. The City, in its sal� discretion, may temporariiy suspend this contract
during any appeals process.
7.3 ln the e�ent this contract is s�as�ended for cause, the suspension shall b�
for a period of �ime of not less tnan six (�} months nor more than twelve {12)
months.
7.4 In the ev�nt City suspends or terminates this contract �or cause, and the
cause for such suspension or termination is determined to be in�aiid, Company's
so[e remedy shal[ be reinstatement of this contract, Company expressly waives
any and all rights to monetary damages, inciuding but not limited to actual and
punitive damages, court casts and attorney's fees.
8.
INDEMNIFICATkON
With regard to any liability which might arise hereund�r, City and Customer
agree that they shall be solely and exclusively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither parky shall look
to th� other party to save or hold it harmless for the consequences of any
neglig�nce on t�e part of one of its own agent, servant, subcontractor or
em�loyee. Nothing contained herein shall be construed to be a wai�er by City of
any right of protection that it enjoys under app�icable State or Federal law.
Tilt Wrecker
Page 10 of 12
��
�
ASSIGNMENT
Com�any sha�l not assign, transfer or sublet this Contract or any portion
hereof to any party without the prior written consent of Cify that shall nat be
unreasonably withheld. Any such assignment, transfer or subletting of this
Confract sha11 be void and shall operafe as a termination hereof.
10.
ZONES AND ROTATION LIST
A. Cify shall divide the city into fiour {4} zones that shall correspand to the tour
{4} patrol di�isions. Company shall be assigned to the zone or an adjacent zone in
which it maintains �ts principal place af b�siness.
B. City shall create a rotation list witf�in each of fhe four (4} zones ihat will
dictate t�e order in which wrecker companies are contacted.
C. City may request Company to conduct a po{ice �ull within any zone, and
Company agrees ta use its best �fforts t4 arrive at the scene of th� palice pull
within thirty (30) minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto fhaf Com�any shall
perfarm all work and services hereunder as an independen# contractor, and not as
an officer, agent, servant or employee of ih� City, Company shall have exclusive
conirol of and th� exclusive right to control the details of the work or service to be
performed hereunder, and all persons performing same on beY�alf of Company,
and shall be solely responsible far t1�e acts and omissions of its ofFicers, agents,
servants, employees, contractars, s�bcontractors, licensees an� in�itees. Th�
docirine of respondeai superior shall not apply as between th� City and Compar�y,
its officers, agents, servants, emp[oyees, con#ractors an� subcontractors, and
nothing herein shall be construed as creating a par�nership or joint venture
between the par�ies h�reto.
In witness whereof, the parties hereto have executed this Cantract on the
��+�� d ay of � , 2�.
�
Tilt Wreeker 11
Page l I uC l2
a
ATTEST':
�� ,
�`G!o Pearson
Gity Secretary
APPROVED AS TO FORM
AND LEGALITY
Assistant City Attorn y
ATTEST:
Corporate Secretary
Tilt Wrecker
Page 12 of l2
CITY �4,e0RT VjIOF�TH
B�i._ , �
�ibby tson
Assistant City Manager
�,�y .-� �' ��=T�.� � �
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�t�n�zact � �k�i`�ti�n
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pa�e
Lone Star Towinq Service
I nc.
(Company Name}
By:
Cody Nic Ison, President
12
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'�'�e �'�@fl�rri�ag �•�Ies ��d ��g���ii�,Yys ►�All �e �oY�o�ed fl�y �,�,,L �o'�-e�kea- ��mgr�n��s
upoe� ���a•iv�l at t�e A�ato P�aa�ad.
1. Th� �rltry gate wzll not' be Uloclted Uy w�recl�ers waitirig to eilter or exit th� Au�o
Potimd,
2. No wreclter shall eiiter tlze Aiito PoLtild witl�. �nore tha� oi�e (I) �ersoi�loperator,
unless au�oz'zzed Uy the oi� duty sluft s�.rl�ervisor. This will be done on a case i�y
case basis.
3. For saf�ety reasons, a Car Ca�7-ier will be required io o�f load iheir cargo when
possivle. Tlus sI3aI1 be detern�ined by the on duty supezvisor.
4. T�Zventari�s shauld ve haildled ui ars expeditious mai�ner when possible. Howevcr,
Auto Porxrad persoiuzel are required io da a coznpl�te a�zd p�ecise uive��ory oi all
pro�ez-ty an.d vehicles. A specific tin�e fiame would 1�e z��.apossib�e to i�siitute.
5. No wrecicer driver/operator will assist wiili a�y i.�.iventoiy being conducted by
Auto Pound persannel.
�. The use af Car Cai�iers, extra ti.me, extra ec�uipnleilt, etc., ���aI1 be sul�ject to
approvaZ by ille Wreclter Adtaliz�ishator or Auta Potu�.d Supeivisor.
7. Wrecker drzvers/aperators/owners slial� be required to fbllow aaly.directions or
inst�uctions given by Auto Pottnd persoiuiel.
$. V�recker Ca�paxxy Owiiers si�all assisfi and conlply witJa any inves�igation
�erfoi��ed Uy A�.i�o Pound persozanel or tlle Fort Worth Police Departanent in
regards to tlleir compally, driver, operator aald or b�siness withou� 1�esi.tation.
9. ViolatEans o£ axiy of ti�e above rules shal� Ue suUject to revie�w by the Wrecicer
Adzzli�ustrator or Anto Pau�d Su�eivisor.
Tl�e Auto Potmd Supervi.sor or a higller level af caznmand �ay c�eten3li�Ye
discipliilary actioi� u� to aazd irxcludiiig tei�ninatio�� a�'contract.
�ity of �ort i�o�th, T'exas
���� A�� ������Q ���1�1'1������1��1
DATE REFERENCE NUMBER LOG NAME PAGE
418/fl3 ��� ���e� 35TOWS 1 of 2
SUBJECT SUPPLEMENTAL. APPROPRfAT[ON ORDINANCE AND CONTRACTS F�R N�N-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRE� BY CITY ORDINANCE FOR THE P4LICE DEPARTMENT
RECOMMENDATION:
It is recommended �hat the City Council:
1. Authorize contracts for Police Department requested non-consent towing of wrecked or abandoned
vehicles from multiple vendors as required by Sectian 34-181 af the Code of the City of For# Worth
(� 986), as amended; and
2. Autf�arize the contracts to begin April 8, 2D03, and expire September 30, 2D03, with opfiions to
renew for four additional one-year periods; and
3. Adopt the attached supplemer�tal appropriation ordinance increasing estimated receipts and
appropriatians by $446,944 in the General Fu�d fram availab�e funds.
DISCUS510N:
Sectian 3�4-181 of the Code of the City of Fort Warth (1986}, as amended, required that alf pa�ice
department, non-�consent tows, shall be undertaken pursuant to contract, specificalky execufied between
the City and a wrecker company. The Pub[ic Safefy Committee extensively reviewed the new rates an�
unar�imo�sly approve�i this recommer�dat�on an March 25, 2003.
The�e are fhree types of cantracts and rates as falEaws:
• Standard tow trucks $1aQ
� Tilt bed/rollbac[c tow trucks $125
• Tandem tow trucEcs $1 SD
Contracts wilf be exec�fied with any �endor desi�ing to perfarm non-consent tows for the Police
Department, if they meet the cantract requirements sucf� as towing aperatior�s being the vendars
primary business, equipme�t specificatians, insurance, and a lacally licensed storage faciGty.
' The fees for services to be provided and assignment to one of four zones are the same as contained by
� City Gode. The estimated expenditure far these services is $1.8 millian per year including the
, anticipated increase (of $44fi,944) for tl�e remainder of the fiscal year based on the revised rates. This
increase wiil be offset by rev�nue coll�cted as fees.
RENEWAL OPTIONS - TF�ese contracts rr�ay be renew�d for up to faur successiue one-y�ar terms at
the City's option. This action does not reauire specific City Council approval provided fhe City Counci!
C'ity of ' �'o�t T�o�th, T'exas
� ��r ��d �c�r�c�� ����r����t��r�
- y � � r�
DATE REFERENCE NUMBER LOG N/-IME PAGE
418103 ��' g��� 35TOWS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR N�N-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIF'LE
VEND�RS REQUIRED BY ClTY ORDWANCE FOR THE POLICE DEPARTMENT
has appropriated s�afficient funds to satisfy the City's obligation during the renewal term.
FISCA� 1NFORMATION/CERTIFICATION:
The Finahce Directar certifies that upon appro�al and completion vf the above recomm�ndations and
the adoption of the attached supplemental appropriation ordinance, funds will be avai{ahle in the current
operating budget, as appropriat�d, of the General Fund.
LW: r
Submitted for City Manager's
Oi�ce by:
E,ibby Watson
Originating Aepartment Head:
Ralph Mendoza
Additional InformaYion Contact:
Susan Alanis
FUND I ACCDiIIYT � CENTER
{to)
GG01 539120 0353403
6183 GG01 462624 0353403
48386 {from)
GG01 539120 0353403
7$262
AMOUNT
$446,944.00
$446, 944.00
$446,944.00
CITY S�C12�TARY
APPROVED 04/081(l3
OCZD.# 15517