HomeMy WebLinkAboutContract 28620� ,
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CITY S��;R�i,4�Y��e��
CQNiRRCT � .
CONTRACT FOR TOW TRUCK SERVICE
{TILT BEDIROLL BACK)
WHEREAS, the City of Fort Worth occasionally requires the services of
tow trucks; and
WHEREAS, such fow truck services are necessary to protect the safeiy of
the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City af Fort Worth, hereinafter referred to as "City", acfing herein by
and through Libby Watson, its duly authorized Asststant City Manager, and
Maddux Towinq, fnc., hereinaft�r referred to as "Company", acting herein by and
thraugh Mazin Shalabi, i�s duly authorized Pr�sident, agre� as follows:
1.
SERVICES
City hereby confracts with Company �o provide police pull towing service.
As used herein, "police pulC' shall mean that the Fort Worth Police Depar�ment
has cafled Company from the rotation list to either remo�e a wrecked or disabl�d
vehicle or to remove a �ehicle in a safe driving condition, but fhe owner is not
present, able or permitted to drive or to make authorizations.
2.
TERM
The initial ferm of this cantract shall expire on September 3Q, 2flp3. In
addition fo the inifial term of this contract, there shall be four options to renew for
terms of one year each, �nless earlier t�rminafed as her�inaft�r provided.
Renewal shall occur upon City induding in its budg�t for the options years
sufficient funds to �ay for its obligations hereunder and Company praviding proof
of insurance ta City.
�
COMPENSATI�N
3.� Compensation. As compensation for providing the services
contemplated �y this Contract, City agrees to pay Company as follows:
',
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a) Towaqe. A charge of an� hundred twenty five dallars �$125.00) for towing
such vehicle from one point on a street fo another locatian within the
corporate limits of the city as directed by the police offic�r at the place where
the tow originated; such charge includes on�-half hour of Extra WorK. In the
event Company responds to the scene of a police pull with a tilt �edlroll back
truck wF�er� the polic� pull could have been accom�lished with a�tandard tow
truck, Company shall be entit{ed to the reduced charge of One hundred
dollars ($100.00}.
b) Second tow �ehicle. In the event tY�e police officer a# fhe scene determines
that a sfandard tow vehicle is rec�uired in addition fo the tilt bedlroll back
truck, a charge of One hundr�d Do{lars ($100.00) per hour, with a minimum
charge of one hour, billed in incr�menfs of fifteen (15) minutes while at the
scene of the police pu�l. A police supervisor shall approve the use of a
second tow truck. Travel time is excluded.
c) Extra work. An additional charge of One hundred dollars {$100.OD) p�r
hour, with a minimum cha�ge of one hour, charged in increments of fifteen
(1 �) rr�inutes, for removing vehicles that are off the street right-of-way, sueh
charge to be made from the time the operator begins to remove the vehicle
until it is on fhe travel�d portion of the street. Even though the vehicle is
within #he street right-of-way, an additional charge may be made if the vehicl�
is located in some unusual condition within the right-of-way, SLICi1 &5, but not
limited to, a ri�er or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shall only be allawed when auti�orized by a police offieer
at the scene of the pull. Th� charges for such extra work shall be reviewed
and approved by the Auto Pound Wrecker Administrator. Extra work
excludes travel fime, waiting fime, and clean-up time.
d) Handiinq hazardous materials. When the cargo of any mofor vehicle or
trailer includes explosive, n�clear, radioactive, hazardous ar corrosive
materials, as defined by the Environmental Protection Agency, Texas
Departmer�t of Transpflrtation, o�- the Texas Commission on Environmental
Quality, a fee eq�al to one hundred-fifty (15Qj p�rcent of the charges
Ti1t Wrecker 2
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permitted under subparagraph "a" a�ove. In addition, a charge may be made
for ex��nses incurred related to pratective clothing anci any other supplies or
equipment used irt handling such maferials, s�ch charge being equal to the
actual amounts irtcurred plus fifteen (� 5) percent.
e) Nothing con�ained her�in shall be construed so as to obligate C�ty to expend
any s�ms of money except for work actually �ertormed. Further, nothing
contained herein shall be construed so as to gUarantee that City wilf contact
Company �or any towing service contempEated by this Contrac�.
3.2 In�oicina and Pavmer�t. Company shall Invoice City once per month.
Company shall include with the invoice such documen#s as may be reasonably
requested to provide e�idence of the services provided to the City, which at a
minimum shall include copies of the wrecker se[ection form signed by the officer
at the scen� of the police pull andlor personnel at �he Fort Worth Auto Pound.
5uch invoic� shalf be subject to fhe review and approval of appropriate City
personnel. City shall remit payment to Company not more than thirty (3Qj days
fallowing approva! of ir��oice.
3.3 Com�ensatian Review. City shali review on an annual basis the
compensation provided for hereunder, with the first such re�iew to be conducted
during the month of August 2003. 5imilar reviews sha11 occur in August of each
succeeding year that fhis contract is in effect. C�ty shall make adjustments in the
compensation based upan increases or decreases in the cast of doing b�siness,
taking into consideration fUel, insurance, labor, and such other costs as may be
rele�anf to fne operation of a towing business.
4.
VEHICL.E AND EQIJIPMENT REQUIREMENTS
Company shal[ maintain at all times the following vehicles and equipment
in worCcing condition:
a} A minimum of one {1) tilt bedlrall back dual rear wheel wr�c�Cer rated at not
less than 14,000 pounds gross vehicle weight.
b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shal[ be maintained in working order:
'1'ilt wracker 3
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1)
2)
3}
4)
5)
6)
7)
8}
9)
1 Q)
11)
12)
� 3)
14)
� 5}
Tow bar
Towing {ights
Emergency averhead warning lights (red or amber color only)
Safety chain
F'ire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Sho�el
Reflectors or traffic canes
Trash container
Two way voice or computer communicatior� betw��n tow truck and
Company dispatcher
Backing warning signals
Wheel chocks
Traffic cones
c) Each wrecker s�all have the identifying markings required by the Texas
Transportation Code, section 642.002. In addition, each wrecker shall provide
Notice of Complaint Procedures to the owner of a towed vehicle as outl�ned by
the Texas Department af Transportation Rules and Regulations as contained in
43 Texas Administrative Cade, Chapter 18, subchapter 18.89, as same may be
amended fram time to time.
d} Each tow truck and the required equipment shall be inspecfed by fhe Chief of
Police or his authorized designee prior to being used for services cantemplated
by this contract. In addition, each tow truck and fhe requir�d equipment shall be
subject to intermittent inspection to assure compliance with t�is contiract.
Tiit Wrecker 4
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�.
INSURANCE REQUlREMENTS
Company shall maintain insurance of fhe fo{1ow�ng types and amaunts from
insurers accepta�le to the City;
5.1 CommerciaC Ceneral �iability
$500,OD0 each occurrence
$5a0,000 aggregate
or
Garage Liability
$500,000 each accident, ofher than auto
$SQO,D�O aggregate
5.2 Automobile Liability
$500,OQp each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
op�rating under Campany`s operating authority.
5.3 CargolOnoHoo�
$30,000 per uni�
Coverage shall include �oth the unit being towed and its contenfs.
Unifs covered shall inciude but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct �rimary
basis.
5,4 GARAGEKE�P�R'S �IABiLITY
$3Q,OD0 per unit
5,5 War�er's CompensationlAccident Insurance
Coverage shall meet the minimum r�quir�ments of state law as con-
tained in the Motor Carrier Ru�es and Regulations.
5.6 Curr�nt insurance certificates shall remain on file with the City during the
term of this Contrac#. Insurance coverage may, at the sole discretian of the City,
be revised upward �pon thirty (30} �ays prior written notice fa Campany. Policies
shall be endorsed as follows:
Tilt Wrectcer
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a) The City, its officers, employees and servants shall be endors�d as an
additional insured on a11 policies except employer's liability insurance
co�erage under the workers' compensation insurance policy.
b) Certificates af insurance shall be deli�ered to the supervisor of the City of
Fort Wo�th Auto Pound, 'I301 E, Northside Dri�e, Fort Worth, TX 76102,
prior to any work being performed under this contract.
c) Any failure on part of the Ciiy to request required insurance
documentation shafl not constifute a waiver of the insurance requirements
specified herein.
d) Each insurance policy sha11 be endorsed to provide the City a minimum
tF�irty days notice ofi cancellation, no�-renewal, andlor material c�ange in
policy #erms o� coverage. A ten days notice shal� be acceptable in the
ev�nt of non-payment of premium.
e) Insur�rs musf be authorized to do business in the State of Texas and
have a curreni A.M. Best rating of A: VII or equivalent measure of financial
strengfh artd soi�ency.
f) D�ductible limits, or self-funded retention limits, on each policy must nof
exceed $10,000.00 per occurrence unless otherwise approved by the City.
g) OtY�er than worke�'s compensafion insurance, in lieu ofi traditional insurance,
City may consider alternative coverage ar rislc treatment measures thraugh
insurance pc�ols or risk retention groups. The City must approve in writir�g
any alternatEve coverage.
h) Workers' compensation insurance policy(s) covering employees shall be
endorsed with a waiver of sub�ogation providing righfs of recovery in favor
of the City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) lnsurance policies s�all each be endorsed to pr'ovide that such insurance
is primary protection and any self-funded or commercial coverage
mainiained by City shall not be called upon to contribute to loss recovery.
Tilt Wrecker �j
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k) Company shall report, in a timely manner, to City's offieially desi�nated
contract administrator any known loss occurrence whicn could give rise to
a liability c[aim or lawsuit or wnich could result in a property loss.
1) Company's liability shall not be limited to the specified amounts of
insurance required herein.
m) Upon the request of City, Company shall provide complete copies of all
insurance policies required by thes� cor�tract dacuments.
5.7 ln the event a state or f�;d�ral faw, rule or regulation pertaining to wrecicer
service companies operating w�thin the State of Texas exceed insurance
re�uirements specified herein, such state or federal law, rule or regulation shali
p��vail for the respective type of insurance coverage art�lor limit thereof.
�
DUTIES AND RESPONSIBILITIES �F COMPANY
Company, during the term of this contract, shall perform the following duties
and Y�a�e the following responsibilities:
a) Ma�ntain as its primary business the towing of v�hicles ar trailers by
wreckers meeting the r�quirements of paragraphs 4(a) and 4(b) above.
"Primary business" shall mean that Company receives more than ffty per-
certt {50°/Q) of �t gross r�venues from the towing of �ehicles and trailers. All
of company's records shall be open to reasonable inspection, f�oth at the
fime of execution of this agreement and at any time during the term hereof,
ta verify compliance with this condition.
b} Maintain a c�rrently licensed vehicle storage facility Iocated within the
corporate limits of the City. "Vehicle storage facility" shall mean a facility
operated by a person under Article 6687-9a, Revised Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calls cor�temp[ated by this contract within thirty (30) minut�s
of notifcation, except in extraordinary situations wF�ere delay is caused by
ice, snow, ar other weather relafied conditions. In th� event Company fails to
Tilt Wrecker 7
Pagc 7 of ! 2
respond as required, City may notify another wrecker company and
Campany shall nof be entitled to the compensation to which it would have
beer� entitled had it arrived timely.
e} Maintain on file with the City the name of the owner, president or chief
exec�five officer, business address and te[ephone number; further
Company shall notify the City of any change of ownership, president or
chief ex�cutive officer, or change of address wit�in five {5) business days of
ar�y such change.
f) Deliver the motor vehicle being towed to the lacation within the corpnrate
limits of City designated by the police officer at tY�e scene of the pup.
Delivery shall be made witi�out delay or deto�r.
g) Fully eooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such compiaints arise out of
servic�s contemplated by this Cantract.
h) Sha{l not become delinquent in the paymEnt of any taxes d�e to City.
i) Shall not go to any accident scer�e unless the Company has been called to
the scene by th� owner or operato� of a vehicle ar an authorized
representative of same, ar by the City.
j) Completely remo�e all debris resulting from any accident to which the
Company is responding. R�moval af debris shall nat be considered
complete by merely sweeping if to the curbline.
k) Shall not salicit at�y wrecicer business w�th�n the corporat� limits of City at
t�e seene af a wrecked or disa�fed vehicle, regardless of wheth�r th�
sol�citation is for the purpose of soliciting the business of towin�, repairing,
wrecking, storing, trading, or purchasin� the vehicle.
I) Shall only employ drivers of tow trucks authorized to operate same.
m}Provide the Police Pour�d personn�l with an invoice at the time the vehicle
• is delivered to the AUta Pound together with the signed wrec�cer se[ection
form to be provided.
Tilt Wrecker g
Fage $ of l2
7.
TERMINATION AND SUSPENSION
7.1 This contract may be terminate� or suspended by the City for any of the
following causes:
a) Violation af any ferm or condition specifi�d in #his contracf.
b} F'ailur� to notify the Communicatians Divisian of the Police Department
within fifteen (15) minutes from the time of noiification if the Campany wil!
be unable to respond within the fhirky {30) minutes allotted for a response to
a wracker calf.
c} Permitting a tow truck to be operated E�y anyone w�ile under the influence
of alcohol andlor drugs.
d) Permifting a tow truck to be aperated by anyone whose operator's license
is suspended.
e) Transferring or assigning any call for service ta ar�y other company
f) Any sustained complaint of theft by persannel af Company while acting in
their capacity as em�loyees of Company, whether accurring during a police
pull or otherwise.
g) Any sustained complaint of threats made by personnel of the Company
while acting in their capacity as employees of Company made against third
parties during a polic� pull ar atherwise.
F�) Faiiing to comply with all directions of police personnel at the scene of a
po�ice pull or civilian or police personnel at the Pol�ce Auto Pound.
Company may request a police supervisor to validate any such direction
given.
i) Failure to comply with any sfate ar federal iaw or city ordinance related ta
the operation of a wrecker company.
j) Five (5) passes within a thirty (30} day period. Pass in this paragraph shall
mean Campany fai�in� to notify the City of its inability to r�spond to a
request for service as required by paragraph 2 abave.
1'ilt Wrecker 9
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k) Ten (10) passes within a thirty {30) day period. Pass in this paragraph
shall mean a Campany notifying the City of its inability to respond to a
request for service as requEred by paragraph 2 above,
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shalf notify Company in writing of its intent to terminate or susp�nd for
cause twenty (2Q) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Police or his designee
regarding the intent to terminafe ar suspend for cause by requesting a hearing in
writing within five (5) business days aft�r receipt of notice of intent to terminat� or
susp�nd. A hearing shall be conduct�d within fifte�n (�5} days of the requ�st for
hearing. The City, in its sole discretion, may temporarily suspend this contract
�uring any appeals process.
7.3 In the event this contract is suspended for cause, the suspension shaU be
for a period of time of not less than six (6) months nor more than twelve (12)
months.
7.4 In the event City sus�ends or terminates this contract for cause, and tne
cause far such suspension or terminatian is determined ta be in�a[id, Company's
sole remedy shall be reinstat�;men# of this contract. Company ex�ressly wai��s
any and all rights to monetary damages, including but not limited to actual and
punitive damages, cour� costs and attorney's fees.
E:�
INDEMNI�ICATION
With regard to any liability which might aris� hereunder, City and Customer
agree that they shall be solefy and exclusively Iiable for tl�e negligence of its own
agents, servants, subcontrac#ors ar�d employees and fhat neither party shall look
to the other party to sa�e or hold it harmless for the conseq�ences of any
negligence on the �art of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a wai�er by Gi�y of
any right af protection thaf it enjoys �nder applicable State or Federal law.
Tilt Wi�ccker 1 p
Page lD of 12
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ASSiGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof �o any party without the prior written consent of City ihaf shall not be
unreasonably withh�ld. Any such assignment, transfer or subletting of #f�is
Contract shall �e �oid and shall operate as a termination hereof.
�a.
ZONES AND ROTATION L1ST
A. Cifiy 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 it maintains its principa[ place of business.
B. City sha11 create a rotation list within each of the four (4} zanes that will
dictate the or�ar in which wrecker campar►ies are contacted.
C. City may request Company ta conduct a police pull wifhin any zone, an�
Compa�y agrees to use its best efforts to arri�e at the scene of the police pull
within thirty (30) minutes.
11.
INDEPENDENT CONTRACTOR
ft is understood and agreed by the pariies Y�ereto that Company shall
perform all work and services heraund�r as an indeP�ndent contrac�or, and not as
an officer, agent, servant or emplayee of the City. Company shal! f�ave �xcl�s�ve
control of and the exclusive right to control the �etails of the work or service to be
performed hereunder, and all persons perForming �ame on behalf of Compar�y,
an� shall be solsly responsible far the acts and omissiar�s of its officers, agents,
servants, employees, contractors, subcpntractors, licensees and invitees. The
doctrine of respon�eat superior shall not apply as between tne City and Company,
its officers, agents, servants, employees, contractars and subcontracfors, and
nothing herein shall be construed as cr'eating a partnership or joint venture
between the parties hereto.
In w�t�ess whereaf, the parties hereta have executed this Contract on the
j�}+�` day of � t(,� , 2Q�.
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Tilt Wo-ecker 11
Page l 1 oF l2
ATTEST:
,�
Glor` P�arson �
City Secretary � ' tr `�_'
I` _ � _ . � —
Cantrac� Authorfaa�ion
,
APPROVED AS T4 FORM _„ �- -- ,��r'�_� _ -�
AND LEGALITY t�a�e m
��
Assistan Cify Attorney
ATTEST:
Corporate Secretary
CITY � F�JRT WOR�H
_ �
B�y: � � . _
-- 'Libby VII�on
Assis#ant City Manager
�
Ma�dux Towina, Inc.
(Company Name}
By: � � - .
Mazir�'�halabi, President
1
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tS�Q�
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Ti1t Wrecker �2
Page l2 of l2
��� � ��� �
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T�e foi�a�rz�g r�des �r�� re���atiaa�s wiil �e fo��or�ec� �y A�[,]L "�Vrecg�er Cannpani�s
�po� arrival �t the Auto lPound.
1. Tiie e�ztry gate will not be blociced Uy wrecicers waiting �o e��ter or exit the Auto
Paiu�d.
2. No wrecicer shall enter the Auto Pouild witli i�nore thail one (1) �erson/operatox,
uuless autlioi-�zed by tl�e an duty slufi supervisor. Tl�is vvi11 be doize on a case Uy
case hasis. �
3. Far safety reasoiis, a Car Carrier will be requu�d ta off load theu cargo when
passible. Tl�is shall Ue detei7nined by the on duty supeivisor.
4. I��veniaries should be l�aildled 'u1 an expeditious m�lnar when possible, However,
Auto Potuld persazu�.el aie required fo do a coinplete ar�.d precise iilveiitary of all
�ropei-ty a��d veIaicles. A speci�ie �in�e fiame would i�e impossible to uastitute.
5. No wxecicer driverlo}�erato� wil� assist with az�y inveiltory Ueuxg conducted by
Auto Po�,ind persai�le�.
6. The use of Car �ai�-iei�s, extxa time, exha ec�uipi�ient, etc., s11a11 be sui�jeci to
approval by the Wrecker Administrator or Auto Palifid St��ervisoz.
7. Wrecicer d�`ivers/operators/owners shall Ue required to follaw any di�ectioizs or
iYlstructioiis given by Auto Potu�.d personnel. �
8. Wrecicer Company Owners shall assist a�c� cozuply with any investigation
perfonned by Auto Pound personnel or the Fort Woi-tli Police Departmeilt in
regards to their ca�npany, driver, operator and or business witliout hesita#ion.
9. Violations of any of the aUo�e rul�s s�iaJ.i be stii�ject ta �'eview by the Wreclter
Adntinisirator or Auto Po�1�d Supervisor.
Ti1� Auto Pound Supeivisor or a higlier level of com�nand r�1ay determine
discipli��.ary action Ltp to and iilcluding tei7lunatia�z of coiztract.
C`ity of'�'o�t T�ortli9 �'exas
���� ��d ���n��Q �������������
�AT� REFERENC� NUMBER LOG NAME PAG�
4181D3 �o� ���� 35T�W5 1 of 2
SLIBJECT SUPPLEMENTAL APPROPRIATION 4RDINAN�E AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPI�E
VENDORS REQUERED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recammended that the City Council:
1. AutF�orize contracts far Police Department requested non-consent tawing of wrec�Ced or abandaned
vehicles from multiple vendors as requir.ed by Se�tion 34-181 of the Code af the City of Fort Worth
(1986}, as amended; and
2. Authorize the contracts ta begir� April 8, 2003, and expire September 30, 2003, with options to
renew for four additional one-year pe�iods; and
3. Adapt the attached supplementa� appropriation ordinance increasing estimated receipts and
appropriations by $�L46,944 in the General Fund from available funds.
D�SCUS510N:
Section 34-�81 of the Code of the Cifiy of For# Worth (1986), as amended, req�ired that afl police
department, non-consent tows, shall be undertaken pursuant ta contract, specifically executed beiween
the City and a wrecker company. The Public Safety Committee extensi�ely reviewed fh� new rat�s and
unanimausly appro�ed this recommendation on Mareh 25, 2003.
There are three #ypes af contracts and rates as follows:
� Sfandard taw trucks $10Q
� Tilt bedlrollback tow trucks $125
• Tandem taw tr�cks $180
Cantracts will be execut�d with any vendor desiring to perform non-cansenf tows for fhe Police
Departmer�t, if they meet the cantract req�irements such as iowing operations beir�g the vendors
primary business, equipment specificatians, insurance, and a locally licensed storage facility.
The fees for ser►rices to be pro�tded and assignment to one of four zones are the same as cantained by
City Code. The estimated expendiiure for these serrrices is $1.8 million per year incfuding the
anticipated increase (ofi $446,944) for the remainder af the fiscal year based on the revised rates, This
increase wilf be offset by re�enue collected as fees.
RENEWAL OPTIONS - These co�tracts may be renewed for up to four successive one�year terms at
the City's o�tion. This action does noi require specifiic City Councii approval pro�ided the City Council
C'it`y of 1G'o�t T�o�tlip T'exas
�lyc�� cIr1�Q �a�r1��I ���1��i����#��rl
DATE REFER�NC� NUMB�R LOG NAME PAG�
4/8/03 �o� 9�t�� 3�TOW5 2 af 2
SUBJECT SUPP�EMENTAL APPROPRIATiON ORDfNANCE AND� CONTRACTS F�R NON-
CONS�NT TOWING O� WRECKED OR A�ANDONED VEHICLES FROM MULT�P�E
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLIGE DEPARTMENT
has appra�riat�d sufficient'funds to satisfy the City's obligation during the renewa� term.
F'1SCAL INFORMATIONICERTI�ICATION:
The Finance DErecior ce�tifies that upon appro�ai and completion of fihe abo�e recommendations and
tF�� adaption of the attached supplemental apprapria#ion ordinance, funds will be available in the current
aperating budget, as appropriated, of the General Fund.
LW:r
Submitted for CityManager's
Office by:
I.ibby Watsc�n
Originating Department Head:
Aalph Mendaza
Additional Infarmatian Contact:
Susan Alanis
FUNB � ACCOYJNT � CEI�TTER
(to)
GG01 539120 0353403
6183 GG01 462624 D353403
48386 {from)
GG01 539120 0353403
78262
� �►mouN�r
$446,944.�a
$446,944,aa
$446,944,�d
CTTY SECR�TARY
APPROV�D 44/fl81D3
ORD.# j5517