HomeMy WebLinkAboutContract 286294 �
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CONTRAGT FOR T4W TRUCK SERVICE
�STANDARD SERVICE)
WHEREAS, il�e City of Fort Worth occasionally r�quires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary �o protect the safety ofi
the citizens of f�e City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
Th� Cify of Fort Worth, hereinafter. referred to as "City", acting herein by
and through Libby Watson, its duly authorized Assistant Cify l�anager, and
James L Milner Individually Owned and dba J L Milner Wrecker Service,
hereinafter referred to as "Company", acting herein by and through James L
Milner, its duly authorized Owr�er, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing sarvice.
As used herein, "police pu11" �hall mean tnat the Fort Worth Police Department
has called Campany fram the rotatian list to eitt�er remove a wrecked or disabled
vehicle or fo r�move a vehicle in a saf� driving condition, but the owner is not
present, able or permitted to drive or to make authorizations.
2.
TERM
The initia[ term of this contract shall ex�i�e on September 30, 2003. In
addifion to fne initial term of this contract, there shall be four options to renew for
terms of one year each, unless earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Compensation. As compensation for providing the services __
contemplated by this Cantract, City agrees to pay Company as fo�lciv�� ,�„
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,'� �J�v�:��"31�
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a) Towac#e. A charge of One hundred Dollars ($100.00) for towing such vehicle
from one point on a streef to anof}�er location within the corporate {imits of the
city as directed by �he police department at the place where the tow
originated; such charge includes one-half hour of extra work.
b) Second taw truck. In the even� the police offiicer at fhe scen� determines
that a second tow truck is required, a charge of One hundred dollars
($100.OQ) per hour, with a minimum charge of one hour, billed in increments
of fifteen (15} minutes while at the scene of the police pull. A police
supervisor shall a�prov� the use af a second tow truck. Travel time is
excluded.
c) Extra work. An additional charge nf one hundred doflars {$�00.00) per
hour, with a minimum charge of one haur, charged in increments of fifteen
{15} minutes, for removing �ehicles that are off the street right-of-way, such
charge to be made from the time the op�rator be�ins to remave the vehicle
until it is on the traveled portion of the streef. Even though �he vehicle is
within fhe street right-of way, an additional charge may be mad� if the vehicle
is located 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 grc;ater depth fhan the ordinary
bar ditch. Ext�a work shall only be allowed wh�n authorized by a pofice officer
at the scene of the pull. The charges for such extra work shall be reviewed
and approved by the Auto Paund Wrecicer Administrator. Extra work
excludes travel time, waiting time and clean-�p time.
d) Use of a dollv. No additional fee shall be charged for the use of a dolly.
e) Handlinq hazardous mat�rials. When the cargo of any motor uehicl� or
trailer includes explasi�e, nuclear, rad�oactive, hazardous or corrosive
materials, as defined by the �nvirortmental Protection Agency, Texas
Departmenf of Transportatian, or the Texas Commission an Enviranmental
Quality, a fee equal to one hundred-fifty {15�} percent of the charges which
may be assessed pursuant to subparagraph "a" a�ove. In additian, a charge
may be made for expenses incurred related to pratectiWe clothing and any
S[andarcl Wi�ecker 2
Page 2 of { 2
other supplies or equipment used in handling such materia�s, such charge
being equal to the actual amounts incurred plus fifteen {15} percent.
f) Nothing contained herein shall be co�strued so as to obligate City to expend
any sums of money. F'urther, �othing contain�d herein shall be construed so
as to guarantee to Company that City will contact Company far any iowing
services cantemplated by this Confract.
3.2 ln�oicinq and Pavment. Company shal{ fnvoice City once per monfh.
Company snall include with the invaice such documents as may be reasona�ly
requested to provide evidartce of the services provided to the City, which at a
minimum shall include capies af the wrecker selection form signed by the officer
at the scene of the police pull andlor personnel at the Fort Worth Auto Pound.
Such invoice shall be subjecf fo the review and appro�al of appropriate City
personnel. City shal[ remif paym�nt to Company not mare than thirty (30) days
following appraval of invoice.
3.3 Compensation Re�iew. Ci�y shall review on an annual b�515 the
compensation provided for hereunder, with the first such review to be conducted
during the month of August 2003. Simifar reviews shall occur in August of each
succeeding year fhat this confract is in effect. City shall make adjustments in the
compensation based upon increases or decreases in the cost of doing business,
taking into consideration fuel, ir�surance, labor, and such other costs as may be
relevant�to the operation of a tawing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Com�any shall maintain af ail times the following vehicles and equipm�ni
in working condition:
a) A minimum of two (2) wreck�rs, one of whicit shall be not less than 14,000
pounds gross vehicle weight and one of which shall be not less than 10,000
pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic
operated winch, winch lines, and a boom rated at not less than 8,000 pound
lift capacity and a wheel 1ift device rated at not [ess than 2,500 pounds.
Staudard Wrecker 3
Page 3 of 1 Z
� ,
b) At a minim�m, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1}
2)
3)
4)
5)
6)
7}
8}
9}
10)
�1)
12}
�3)
14)
Tow bar
Towing fights
Emergency overhead warn�ng lights (red dr amber color only}
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between tow truck
and Company dispatcher
Backing warning signal
Whee1 chacks
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.002. In a�ditiar�, each wrecker shall provide
Notice of Complaint Procedures to the ow�er of a towed vehicle as outlined by
the Texas Department of Transportation Rules and Re�ulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time fo time.
d) Eac� tow truck and the r�quired equipment shall be inspected by the
Chief of Police or his authorized designee prior ta being used for services
contemplated by this contract. In addition, each tow truck and ihe required
equipme�t shall be subject to intermittent inspection to assure compliance with
th�s contrac�.
Stanc7ard Wi�ecker 4
l�age 4 af 12
I �
V .
INSURANCE REQUIREMENTS
Company s�all maintain insurance from insurers aeceptable to City of the
following types and amounts:
5.1 Commercial General �iability
$500,Q00 each occurrenc�
$500,000 aggregate
or
Garage �iabi[ity
$5�0,400 each accident, other than au#o
$5QQ,000 aggregate
5.2 Aufomobi�e �iabil�ty
$500,000 eaci� accident, combined single limit
This coverage shall include a1f vehicles owned or non-owned #hat are
operating under Company's operating authority.
5.3 CargolOntrHoo�
$30,000 per unit
Coverage shall include bath fhe tanit being towed and its contents.
Units covered sha�l ir�clude but not be limified to motor vehicles,
trailers and boats. Coverage shall be written a� a direct primary
basis.
5.4 CARAGEK�EP�R'S LfA�Bl�1�Y
$30,040 per unit
5.5 Worker's CompensationlAccident InsUrance
Coverage sha�i meet th� minimum requirements of sfate law as con-
tained �n the Motor Carrier Rules ar�d Regulations.
5.6 Current insurance certificates shall remain on file wifh the City during the
term of this Cantract. lnsurance coverage may, at the sole discretion of the City,
be revised upward upon thirty (30) days prior writter� notic� to Company. Policies
shall be endarsed as follows:
Stundard Wrecker s
Page 5 of 12
a) Tne City, its offic�rs, �mployees and servants shall be endorsed as an
a�ditional insur�d on all policies except employer's liabifity insuranc�
coverage under the workers' compensation insurance policy.
b) Certificates of ins�rance shall be deli�ered to the supervisor of fihe City of
For� Warth Auto Pound, � 301 E. Northside Dri�e, Fort Wartt�, TX 76102, prior
to any work being performed under this contract.
c) Any faiiure on part of the City fo request r�quired insurance
documentation shall not canstitute a waiver of the insurance r�quirements
specified herein,
d) Each insurance policy shall �e endorsed to provide the Ci�y a minimum
thirty days notice of cancellation, non-renewal, andlor material change in
�olicy terms or coverage. A ten �ays notice shall be acc�p�able �n the event
of non-payment of premium.
e) Insurers must be autharized to do business in the State of Texas and
have a current A.M. Best rating of A: VII or equivalent measure af financial
strer�gth and solvency.
f) Deductib[e l�mits, or self-funded retention [imits, on each policy must not
exceed $1 Q,Q00.00 per occurrence un�ess ofherwise approved by the Cify.
g) Other than warker's compensation insurance, in li�u of traditional insurance,
City may consider alternative coverage or risk treatment measures througn
insurance pools or risk refention groups. The City must approve in writing any
alternati�e coverage.
h) Wark�rs" compensation insurance policy(s) covering employees shall be
endorsed with a waiver of subragation providing rights of recovery in fav4r of
the City.
i) City shall not �e r�sponsible for the direct pay�rnent of insuranc� premi�m
costs.
j) lnsurance policies shall each be endorsed �o provide that such insurance
is primary protection and any self-�unded or commercial coverage maintained
by City shall not be called upon to contribute to loss recovery.
Standard Wrecker �j
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k} Campany shall repart, in a timely manner, to City's offieially designated
contraet administrator any known loss occurrence which could give rise to a
liability claim or lawsuit or which could resuff in a property bss.
I) Company's liability shall not be limited to the specified amounts of
insurance required herein.
m} Upon #he request of City, Campany shall �rovide complete copies of all
insurance policies required �y fhese contract documer�ts.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
service companies operating within th� State of Texas exceed insurance
requirements s�ecified herein, such state or federal law, rule or regulation shall
prevai{ far the respective type of insurance coverage andlor limit thereof.
�.
DUTIES AND RESPONSIBIL[TIES OF COMPANY
Camparty, during the term of this contract, shall perform the following duties
and have th� following responsibifities:
a} Maintain as its primary business the towing of vehicles or trailers by
wrec�Cers meet�ng the requir�ments of paragraphs 4(a) and 4(b) abo�e.
"Primary business" shall m�an t�at Company receives more than fifty per-cent
{50%} of it gross revenu�s from fhe towing of venicles and trailers. All of
company`s records sf�all be open to reasonable inspection, both at the time of
execution of this agreem�nt and af any time during the term hereof, to verify
compliance with this condi#ion.
b} Maintain a currer�tly licensed vehicle storag� facility located within the
corporate limits of the City. "Vehicle storage facility" shall mean a facility
operated by a person licensed under Arkicle 6687-9a, Revis�d Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond ta all calls coniemplated �y this contract withEn thirty (30) minutes
of notification, except in extraordinary situations where delay is caused �y ic�,
snow or other weather related conditions. In the event Company fails to
respand as required, City may notify another wrecker company and Company
Standard Wrecker 'r
Page 7 of 12
! f
shall nat be entitled to the com�ensation to which it would ha�e been entitled
had it arrived timely.
e) Maintain on file with the C�ty the name of the owner, president or chief
executive officer, business address, and telephone number; further, Com�any
sha11 notify the City of any change of awnership, president or chief executive
officer, or change of address within five (5) business days of any suci� change.
f} Deliver the motor vehicle being towed to fhe locativn within the corporate
limits of City designated by the police officer at the scene of the pull. Delivery
shall be made without delay or detour.
g) Fully caoperate with any ir�vestigation conducted by the City regarding
complaints against Company, whether or not such compiaints arise ouf of
services contemplated �y this Contract.
h} Shall not become delinquent in tne payment of any taxes due to Ciiy.
i) Shall not go to any accident scene unless the Company has been called to
the scene by the owner or operator of a vehicfe or an authorized representafive
of same, or by fh� City.
j} Completely remove all debris resulting from ar�y accident to which the
Company is responding. Removal of debris shall not be considered complete
by merely sweeping it to the curbfine.
�) Shall not salicit any wrecker business within fh� corporate fimits of City at
the sc�ne ofi a wrecked ar disabled vehicle, regardless af whefher the
solicitation is for the purpose of soliciting the business of towing, repairing,
wr�cking, storing, �rading, or purchasing the vehicle.
1) Shall only empEoy drivers of taw trucks authorized to op�rate same.
m) Provide the Police Pound personnei with an invoice at the time the vehicle
is delivered to the Auta Pound together with the signed wrecker sei�ction form
to be provided.
7.
TERM[NATION AND SUSPENSION
7.1 This contract may be terminated or suspended by City far any of the
following causes:
Standard Wreckei• �
Page 8 of 12
,
a) Violation of any term andlor condition specified in this contract.
b) Failure to notify the Communications Division of the Police Departmenf
within fifteen (15) minutes from the time of notifiication if the Com�any will
�e unable to respand within the thirty (30) minutes allatted for a response to
a call for wreck�r servic�.
c) Permitting a tow truck to be operated �y anyone while under the influence
of alcohol andlor drugs.
d) Permitting a tow truck to be operate� by anyone whose operator's licens� is
suspended.
e) Transferring or assigning any call far service to any o�her company
f) Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees ofi Company, whether occurring during a police
pull or otherwise,
g} Any sustained complaint of threats made by personne! of the Company
while acting in their capacity as employees of Company made against third
parties durin� a police pull or otherwise.
h) Failing to comply with all directions of police personnel at t1�e scene of a
police pull or civilian employee at the Police Pound. Company may request
a poiice supervisor to validate ar�y such direction given.
i} Five (5) passes within a thirty (30} day period. Pass in this paragraph shall
mean Corripany failing to notify the City of its inabili#y to respond ta a
request for service as required by paragraph 2 above.
j} Ten (10) �asses within a thirty (30) day period. Pass in this paragraph shall
mean a Company notifying the City af its inability to respond to a re�uest for
service as required by paragraph 2 above.
k) Violatian of any ru[e or regulatian contained in Exhibi� "A" attached hereta.
I} Failure to com�fy with any state or federal law or city ordinance r�lated to
the operafion of a wrecker campany.
7.2 City shall notify Company in writing of its intent #o terminate or suspend for
cause twenty {20) days prior to such susper�sion or termination. Company shall
have the righ� to request a hearing before the Chief of Police or his designee
5tandard Wrecker 9
Page 9 of l2
regarding the intent to terminate or suspend for cause by requesting a hearing in
writing within fiive (�) business days after receipi of nofice of intent to t�rmina#e or
suspend. A hearing shall be conducted witf�in fifteen (�5) days of the requesf for
hearing. Tl�e City, in its sole discretion, may temporarily suspend this confracf
during any appeals Process.
7.3 ln the �v�nt this contract is suspended for cause, the suspension shall be
for a periad of time of not less than six (6) months nor more than fwelve (12)
months.
7.4 In the evenf City suspends or terminates this contract for cause, and the
cause for such suspension or terminafion is determined to !�e invalid, Com�ar�y's
sole remedy sha[I be r�instatement af fhis contract. Company expressly waives
any and all rights to monetary damages, including but not limited #o actual and
punitive damages, court cQsts and attorney's �ees.
S.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Campany
agr�:e that they shall be soEely and exclusi�ely liable for the negEigence of its own
agents, servants, subcantractors and employees and that neither party shall look
to the other party to save or hold it harmless for the consequences of any
negligence on ti�e part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein snall be construed to be a waiver by City of
any right of protection that it enjoys under applica�le State or Federal law.
9.
ASSIGNMENT
Company shall nat assign, transfer or sublet tF�is Contract ar any portion
hereof to any pa�ky without the prior written consent af City that shall r�ot be
unreasonably w3thheld. Any such assignment, fransfer or sublettfr�g of this
Contract without the consent of the City shall be void and shall operate as a
termination hereof,
Standard Wrecker � �
Page l0 of l2
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10.
ZONES AND ROTATION LIST
10.1 City shall di�ide the city into faur (4) zones that shall corr�spond to fhe four
(�) patrol di�isions. Company shall b� assigned to the zone or an adjac�nt zane in
which it maintains its principal place of business.
10.2 City shall create a ra#ation list within each of the fQur �4} zones thai will
dictate the order in which wrecker companies are confacted.
��.3 City may request Company ta conduct a pol�ce �ull within any zone, and
Company agrees to use its best efforts to arrive at t�e scene of the police tow
within thirty {3p) minutes.
11.
INDEPENDENT C4NTRACTOR
It is understood and agreed by the par�ies hereto that Company shalf
perForm all wark and services hereunder as an independent contractar, and nat as
an officer, agent, s�rvant or employee of the City. Company shall have exclusive
control of and the exclusive right fo control the details of the work or service to be
p�rfarmed hereunder, and a!I persans performing same on behalf of Company,
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcantractors, licensees and invitees. The
doctrine af respondeat superior shall nat apply as between the C�ty and Company,
its officers, agents, servants, emplayees, contractors an� subcontractors, and
nothing herein shall be construed as creating a par�nership or joint venture
befiween th� parties hereto.
5tandard Wrecker i l
Page I I af 12
�����
ln witness where f, the parties hereto have executed fhis Contraci on the �
day of , 20 �� -, _
ATT,�ST: — CITY � F�JI�T VUqRTH
,
I �� �__ i -: Bf�: �. __ - -
Glaria Pearsmn '�ibby l�son
City Secre#ary Assistant City Manager
APPROV�D AS TO FORM
AND LEGALITY
<<___
ssistant City Attarney
ATTEST:
Corporate Secrefary
� 1����� .:.
con a t �u�7�io����t�or�
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James L Milner Individuallv
Owned and dba J L Milner
W recker Service
(Company Nam
By: %�'
Ja es Milner, Owner �
+ �f���Ti1?i� � .n frT ^ � 7
�
Standard Wrecker
Page 12 af I 2
12
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.E��T`�� �i�� i��
The following rules n�d regulatiQus will be fallowed by ALL VV'recker Companies
upon arriv�[ at the Auto Pound.
1. The e�iiry gate vaill not be l�l4ciced �y wrackers waiting t� enter ar�xif tlle Aiito
Pound,
2. No wrecicer shall en�er the Auto Pound r�vith more tlla�z one (�} persoi�/operafior,
unless autharized b� the on duty shift supervisor. This will be done on a case vy
cas� �aszs.
3. For safety �-easons, a Car Carrier will be i•equired to off laad their cargo wheiz
posszble. This sl�all be detennined by the Qz1 duty super�isor,
4. �nventories shotitld be handled i�� an expeditious ma�ner when possible, However,
Aufo Paund pei�soiulel are required to do a complete and precise iilventary af alI
}�rope�-ty and vehicles, A specific tirne frame would be impassible to i�lstitute.
5, l�To wrecicer dz-�verlo�erator will assist witl� any ii��ventory Ueing conducted by
Auto Po�.ind personnel.
6. The use of Car Gai�riers, extra iime, extra equipinent, etc., sha11 be su�ject to
a�provaT by the Wreclfer Ac�llinistrator or A�.rta Pau�id Supervisar.
7. Wrecicer dri�ersloperatorslowners shall be required tn follow any. direc�aolls or
instructio�as giveil hy Auto Pow�d personnel.
$. Wrecicer Coi�lpaz�y Owners s11a11 assist and con�ply with any investigation
perfoarn.led by Auto Po�.u1d persoi�nel or tlle Fort Worth Police Departmen# in
regards to theu coznpany, cl�iver, operator and or business �vifhout hesi�ation,
9. Violations of any af tl�e aUove rules shall be subject to re�iew Uy the Wrecker
Adzlunisfratox oY- Auio Pouild Super�visor.
The A�ita Pou�1d Supervisor or a l�ighex level of corivnai�d may detei�l�i�le
disciplinary actioil up to and irlcli�ding termiilatioil af contraci.
C'ity o� �o�t b�o�th� Texas
�y�� �r�d �.��r��;� �!�r���r��������
DATE R�FER�NCE NUMBEF2 L�G NAM� I'AGE
418103 ��� g��� 35TOWS 1 of 2
SLIBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS F�R NON-
C�NSENT T4'11VING OF WRECKED OR ABANDONED VEHICLES FROM MUL.TIPLE
VENDORS REQUIRED BY CITY �RDINANCE FOR THE PDLICE DEPARTMENT
RECOMMENDATIDN:
It is recommended that the Ci�y Council:
1. Authorize contracts far Police Department requested nor�-consent towing of wrec4�ed or abandoned
vehicles from rriultiple vendars as required by Secfiion 34-18� of the Cade of th� City of Fo�t Worth
(� 986), as amended; and
2. Authorize the contracts to begin April 8, 2D03, and expire September 30, 2QD3, with opiions to
renew far four additional one-year periods; a�d
3. Adopt the attached sup�lemental a�pra�riatian ordinance increasing estimated receipts and
apprapr�ations by $446,944 in the General Fund from availabfe funds.
DISCUSSION:
Section 34-181 of the Code of the City of Fort Worth (1986), as amend�d, required that all palice
depar�mer�t, nor�-consen# taws, shall be �ndertaken pursuani to contract, s�ecifically executed between
the City and a wrecker company. The Public 5afety Cammittee ext�nsi�ely re�iewed the new rates and
unanimously appraved th�s recammendation on March 25, 2003.
There are three fypes of contracts and rates as foElows:
• 5tandard tow trucks $100
o Tilt bedlrallback tow trucks $125
� Tandem tow trucks $180
Contracts wifl �e executed with any �endor desiring to perform non-conser�t tows for the Police
Deparimen#, if they meet the cantract requirements such as iowing operations being the vendors
primary business, equipment spe�ifications, insurance, and a locally licensed storage facility.
The fees for services t� be provided and assignment to one of four zones afe the same as contained by
City Cade. The estimated expenditure far these services is $1.8 mifGon per year ir�cluding the
anticipated increase (ofi $446,944) for th� remainder of tf�e �iscaf year based on the revised rates. Tf�is
incr�ase wil[ 6e offset by revenue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at
the City's option. T�i� actron does not �equire specific City Council approval prov'rded the City Council
C'ity o��'ort l�o�th, Texas
���i� �M11� �t1��1�1` ��1��[�1����1����1
DATE R�F�RENCE NiJMBER LOG NAME PAGL�
418103 �_� g��,�, 35TOWS � 2 of 2
�UBJ�CT SUPPLEMENTAL APpROPRIATION ORDINANCE AND CONTRACTS FOR NON-
C�NSENT T�WfNG �F WRECKED OR ABANDONED VEHICLES �R�M MULTIPLE
VENDORS REQUIRED BY CITY ORD�NANCE FOR THE P�LIG� DEPARTMENT
has appropriated sufficient funds to satisfy the City's obligation durir�g the renewai term.
F15CA� IN�ORMATIONICERTiFtCATION:
The Finance Director certifies that upan appro�a[ and campletion of the abo�e recammendations and
ihe adoption of the attached supplemental �ppropriation ardinance, fiunds will be a�ailable in �he current
operating budget, as appra�riated, of the General Fund.
LW:r
Submitfed far City Manager's
Office by:
FUND I ACCOUNT I C�NT�R
{ta)
� GG01 539�12Q 0353403
6I83 GG�1 452624 4353403
�
48386 I (frvm)
GG01 539120 0353403
78262 � '
AM4UNT
C1TY SECRCTARY
Libby Watson
Oreginating Department Head:
Italph Mendoza
Additional Information Contact:
Susan Alaziis
$�46,944.00 I
$446,944.00 �
APPRqVED 04/D8/03
$446,944.00 ORD.# 15517