HomeMy WebLinkAboutContract 28630� ,
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CONTRACT FOR TOW TRUCK SERV �
���c� � .
(TILT BEDIROLL BACK)
WHEREAS, the City of Fort Worth accasionally requires the services of .
tow frucks; and
WHEREAS, such tow truck services are necessary to �rotect the safety of
the citizens of the City of Fort WortY�,
N�W, THEREFORE, KNQW ALL BY THESE PRESENTS:
The City of Forf War�h, hereinafter referre� ta as "City", acting herein by
and through Libby Watson, its du{y aufhorized Assistant City Manager, and
James L Milner lndividuallv �wned and dba J L. Milner Wrecker Service,
hereinafter referred to as "Company", acting her�in by and through James L
Milner, its duly authorized Owner, agree as follows:
1.
SERVIC�S
Cify hereby cantracfs with Company to provide police pull towing service.
As used nerein, "police pull" shall mean that the Fort Worth Police Department
has calle� Campany frnm the rotatian list to either remove a wrecked or disabled
vehicle or to remo�e a vehicle in a safe driving candition, but the owner is not
present, able or permitted to drive or to make aufhorizations.
2.
TERM
The iniiial t�rm of this confract shall expire on September 30, 2003. In
addition fo the initial term of this contract, ther� shall be four options to renew for
terms of one year each, unless earlier terminated as hereinafter �rovided.
Renewal shall occur u�on City inclu�ing in its budget for the options years
suffici�nf funds to pay far its obligatians hereunder and Company providing proof
o� insurance to City.
3.
COMPENSATION
3.1 Compensation. As compensation for providj,�g �- ��
cont�mpfated by this Contract, City agr�es to pay Company ��������. -�
. ��
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a) Towaqe. A charge of one hundre� twenty five dollars ($125.00) far towing
such vehicle from ane point on a str�et to anofh�r locatior� within the
corporate limits ofi' the city as directed by the police officer at �he place where
the tow originated; such charge includes one-halfi hour of Extra Work. In the
event Company responds to the scene of a police pull with a tilt bedlroll back
truck when the police pu11 could have been accomplished wiih � standard tow
truck, Company shall be entitled to fhe reduced charge of One hundred
dollars ($100.00).
b} Second tow vehicle. In the event the police officer at the scene determin�s
that a standard tow vehicle is required in additian to the tilt bedlroll back
truck, a ci�arge of One hundred Dollars ($1Q0.00} per hour, with a minimt�m
charg� of on� hour, billed in increments ofi fiifteen {15) minutes while at the
scene of the police pul�� A police supervisor shal� approve the us� of a
second tow truck. Travel time is excluded.
c) Extra work. An ad�itional charge af One hundred dollars �$100.D0) p�r
hour, with a minimum charge of one hour, charged in increments of fifteen
(15) minutes, �or remaving vehicl�s thaf are off the street right-of-way, such
charge to be made from the time the operatar begins to remove the ��hiele
until it is on the fraveled portion of the street. Even though the vehicle is
within the street right-of-way, an additional charge may be made if the vehicle
is focated in some unusual condition within the right-of�way, such as, but not
limited to, a river or a creek bed ar a ditch of greater depth than th� ordinary
bar ditch. Extra work shall only be allowed when authorized by a police officer
at the scene o� th� pull. The charges for such extra work sha11 be reviewed
and approved by the Auto Pound Wrecker Administrafor. Extra work
excludes travel time, waiting time, and clean-up time.
d) Handfing hazardous materials. When the cargo of any mofor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or carrosi�a
materials, as defined by the Environmental Protection Agency, Texas
Department af Transportation, or the Texas Commission on Environmenfal
Quality, a fee eq�al to one hundred-fifty {150} percent af the charges
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permitted under subparagraph "a" above. In addition, a charge may be made
for expenses incurred r�lated to protective clotni�g and any other suppli�s or
equipment used ir� handling such materials, such charge being equal to the
actual amounts incurred plus fifteen (15) percent.
e) Nothing contained herein shall be constru�d so as to obligate City to expend
any sums of money except fiar work actually performed. F�rther, nothing
contained herein shall be construed so as to guaranfee that City will confact
Com�any far any towing service contemplated by this Confracf.
3.2 lnvoici�a and Pavme�t. Company sf�all In�oice City once per month.
Company shall include with the invoice such dacumen#s as may be reasortably
requested to provide evid�nce of the services provided to the Ci#y, which at a
minimum shal! inelude copies of the wrecker selection form signed by the officer
at the scene of the pofice pull andlor personnel at the Fort Worth Auto Pound.
Such invo[ce shall E�e subject to the review and approval of appropriate Ci�y
persannel. City shall remit payment to Company not more than thirty (30) days
following approval of invoice.
3.3 Compensation Review. City sha{I re�iew on an annual basis th�
compensation provided for hereunder, with the first such review fio be conducted
during the month of A�gust 2003. Similar reviews shall occur in August of each
succeeding year that this contract is in eff�ct. City shall make adjustments in the
compensation based upon increases or decreases in the cost of doing business,
taking inta considerafion fu�l, insurance, fabor, and such other costs as may be
re[evant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Cpm�any sha11 mainfain at all times the following vehicles and equi�ment
in working conditian:
a) A minimum of one (� ) tilt bedlroll back dual rear whe�l wreck�r rated at not
less than 14,000 pounds gross vehicle weight.
b) At a minimum, all wreckers shall be equipped with th� follov+ring equipment,
which at all times sha[I be maintained in warlcing order:
Tilt Wrecker 3
Pa�e 3 of I2
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1)
2)
3)
4)
�}
6)
7)
8)
9)
1 p)
��)
12)
�3)
14}
15)
Tow bar
Towing fights
Emergency overhead warning lights (re� or am�er cofor only)
Safe#y chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way voice or camputer eommunication between taw truck and
Company dispatcher
Backing warning signals
Wheel chocks
Traffic cones
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.002. ]n addition, each wrecker shall provide
Notice of Com�laint Procedures to the owner of a tawed vehicle as outlined by
the Texas Department af Transportation Rules ar�d Regulation5 as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time.
d} Each tow truck and the required equipment shall b� inspected by the Chief af
Police or his authorized designee prior to being used for services contemplated
by this cantract. In addition, each tow truck and the req�ired equi�ment shall be
subject to intermittent inspection to assure compliance with this contract.
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5.
INSURANCE REQUIREMENTS
Company snall maintairt insurance of fhe foflov�ing types and amounts from
insurers acceptable to the City:
5.1 Commercial �eneral �ia�ility
$500,OD0 each occurrence
$500,�Oa aggregate
ar
Garage �iability
$500,000 each accident, other than auto
$500,QD0 aggregate
5.2 Aufomobile Liability
$500,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Company's operating autY�ority.
5.3 CargolOn�Hoo�
$30,000 per unit
Coverage shall incl�de both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 G1�RAGEK����R'S �IABI�IiY
$30,000 �er unit
5.5 Warker's Comp�nsationlAccident Insurance
Coverage shall me�t fhe minimum re�uir�ments of state law as can-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificates shall remain on file with #he City during the
term af this Contract. Insurance coverage may, at the sole discretion of the Cify,
be �evised upward upon thirty {30} days prior written notice to Company. Policies
shall be endo�sed as follows:
Tilt W3•eeker �
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a} The City, its officers, employees and servan�s shall be endarsed as an
additiona{ insured on all policies except employer's fiability insurance
coverage under the worl�ers' compensation insurance policy.
b) Certificates of insurance shall be delivered fo the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102,
priar to any woric being performed under this contract.
c} Any faifure on part of the City ta request required insurance
documentation shall nof constitute a waiver of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the C�iy a minimum
thirty days notic� of cancellation, non-renewal, andlor material change in
policy terms or co�erage. A ten days notice shall b� accepiable in the
event of non-payment of premium.
e) Insurers musf be authorized to do business in the 5tate of Texas and
have a current A.M. Best rating of A: Vll or �quivale�f m�asur� of f�nanc�al
strength ar�d solvency.
f) Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,000.00 per occurrence unless o#herwise approved �y t�e City.
g) Other than worker's compensation insurance, in lieu of traditional insurance,
Gity may cansider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing
any alternative coverage.
h) Workers' compensation insurance �olicy(s} co�ering employees shafl be
endorsed with a wai��r of subrogation provid�ng rights af reco�ery in favor
of the City.
i} City shaEl not be responsibf� for the direcf paym�nt of insurance premium
costs.
j) Insurance policies shall each be endorsed ta provide tf�at s�ch insurance
is primary protection ar�d any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
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k} Company shall report, in a timely manner, to Cify's officially designated
contract administrator any known [oss occurrence which could give rise to
a liability claim or lawsuit or which could result in a property loss.
I} Company's lia�ility shall not be limified to the specified amounts of
insurance required herein.
m) Upon th� request of City, Company shal{ provide complete copies of all
insurance polici�s r�quired by these contract documents.
5.7 In the event a state or federal law, rufe or regulation per�aining to wrecker
service campanies operating within the Stata of Texas exceed insurance
requirements spec�fied herein, such state or federal law, ru{e or regula#ior� shall
prevail for the respective type of insurance coverage andlor limit ther�of.
[:�
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during �he term of this contract, shall perform the following duties
and have the following responsibilities:
a) Maintain as its primary busin�ss the towing of vehicl�s or traifers by
wreckers meeting the requirements of paragraphs 4(a} and �4(b) above.
"Primary business" shall mean that Company receives more than #ifty per-
cent (50%) of it gross revenues from the towing of vehicles and trai[ers. A!l
of campany's records sF�all be open to reasonable inspection, both at the
time of execution of t�is agreement and at any time during the term hereaf,
to verify compliance with this candition.
b) Maintain a currently licensed vehicle storage facility located within tY�e
corporate limits of the City. "Vei�icle storage faeility" shall m�an a facility
operated by a person under Ar�icle 6687-9a, Revised Statutes.
c} Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calEs contemplated by this contrac� within thirty {30} minutes
of notification, except in extraar�inary situafions where delay is caus�d by
ice, snow, or other weather related conditions. In the event Company fails to
Ti[t Wrecl<cr '�
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respond as required, City may notify ar�other wrecker company and
Company shall naf be enfi�led to the compensation fo which it would have
been entitled had it arrived timely.
e) Maintain on file with the City the name of the owner, pr�sident or chief
executive officer, bUsiness address and telephone number; further
Company shall notify the City of any change of ownership, president ar
chief executive officer, or change of address within five (5) busin�ss days of
any 5uch change.
f) Deliver the motor vehicle being fowed to the location wi�hin the corparate
limits of City designafed by the poliee officer at the scene of the p�ll.
De�ivery shal{ be made without delay or detour.
g} Fu11y cooperate with any investigation conducted by the Ci#y regarding
complaints against Company, whether or not such complaints arise out of
services contemPlated by this Contract.
h) Shall not become delinquent in the payment of any taxes due fio City.
i) Shall not go to any accident scene unless the Company has been called to
the scene by the owner or operator of a vehicie or an authorized
representati�e of same, or by the City.
j} Completely remove all debris resulting from any accident ta which the
Company is responding. Removal of debris shalk not be considered
complete by merely sweeping it to the cur�iine.
k) Shall not solicit any wrecker busin�ss ►rvitf�in the corporate [imits of City at
the scene ofi a wrecked or disabl�d vehicle, regardless of whether the
solicitati�n is for the purpose of soliciting the business of towing, repairing,
wrecking, staring, trading, or purchasing the vehicle.
I) Shall only employ drivers ofi taw trucks authorized to operate same.
m}Pravide the Police Pound persannel wit� an invoice at the time the vehicl�
is delivered fa the AUto Pound fiogether with �he signed wreck�r selection
form to be provided.
Ti1t Wrecker 8
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7.
TERMINATION AND SUSPENSION
7.1 This contract may be terminat�d or suspended by the City for any of the
following causes:
a) Violation of any term or condition specified in this contract.
b) Failure to notify the Communicatians Division of the PoliCe Department
within fifteen (15) minutes from the time of notification if the Company will
be unable to respond within the thirty (3Q) minutes allotted for a response to
a wrecker call.
c) Permitting a�ow tr�ck to be operated by anyone while under the influence
of alcohol andlor drugs.
d) Permitting a tow truck to be operated by anyone whose operator's license
is suspended.
e) Transferring or assigni�g any call for service to any other company
f} Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees af Company, whether occurring during a police
pull or atherwise.
g) Any sustained complaint of threats made by personnel of the Company
while acting in their capacity as employees of Company made against #hird
par�ies during a police pull or ofherwise.
h) Failing to comply with all direct�ons of pafice personnel at the scene of a
police pulf or civilian or �olice personnel at the Police Auto Pound.
Company may request a palice supervisor to �alidat� arty such direction
given.
i} FaiEure to com�ly with any state or federal law or city ordinance related to
the operation of a wrecker company.
j) Five (5) passes within a thir�y (30) day period. Pass �n this paragraph snall
mean Company failing to notify the City of its inability to respond to a
request for ser�ice as required by paragraph 2 above.
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k) Ten (10} passes within a thir�y �30) day period. Pass in this paragraph
shall mean a Company notifying the City of its inability to respond to a
r�quest for service as required by paragraph 2 abov�.
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Company in writing of its intent to terminat� or suspend for
cause twenty (20} 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 intenf to terminate or suspend for cause by requesting a hearing in
writing within five (5) business days after receipt af notice of intent to terminate or
�uspend. A hearing shall be conducted vvithin fifteen (15} days of the request for
hearing. The City, in its sole discretion, may temporarily suspend #his contract
during any app�als process.
7.3 1n the event this contrac# is suspended for cause, th� suspension shall be
for a period ofi time of not less than six (6} months nor more t�an twelve (12)
months.
7.4 In the event City suspends ar terminates #his contract for cause, and #he
cause for such suspension or termination is det�rmined ta be invalid, Company's
sole remedy shali be reinstatement of this contract. Company expressly wai�es
any and all rights to monetary damages, including but not limited to actuaf and
punitive damages, court costs and attorney's fees.
8.
INDEMNIFICATION
Witi� regard to any liability which might arise hereunder, Ci�y and Gustomer
agree tnat they shall be solely and exclusivefy liable for the n�gligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to the other party to save or hold it harmless for the conseq�ences of any
negligence on t�e part of one of its own agent, senrant, subcontracfior or
employee. Nothing contained herein shall be construed to be a waiver by City o�
any right of protection that it en�oys under applica�le State or F�deral law.
Till Wrecker 10
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ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any par�ion
h�reof to any party without the prior written consent of City that shal! not be
Unreasonably withheld. Ar�y such assignment, transfer or subletting of this
Contract shall be vaid and shall operate as a termination hereof,
10.
ZONES AND ROTATION LIST
A. City shall divide the city into four (4} zones that shall correspond to the fo�r
(4) patrol divisions. Campany shall be as5igned to the zone or an a�jacent zone in
which it maintains its principal place of business.
B. City sha{l create a rotatian list within each of the four (�) zones that will
dic�ate the order in which wrecker companies are contacted.
C. City may request Company io conduct a police pull within any zone, and
Com�any agrees to use ifs best efforts to arrive at �he scene of the police pull
within thirky (30) minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties F�ereto that Company shall
�erform all work and services here�ander as an ind�pender�t contracfor, and not as
an officer, agent, s�rvant or employee of the City. Company shall have exclusive
control of and the exclusi�e right to control the details of the wark or service to be
performed hereunder, and all persons perForming sam� on behalf of Company,
and shall be solely r�spansible for the acts and amissions af its officers, agents,
servants, employees, contractors, subcontractors, licensees and invifees. The
doctrine of respondeaf superior sf�ap not apply as between the Ciiy and Campany,
its officers, agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership ar joint �enture
between fhe parties hereto.
In witness wh�reof, fhe parties hereto have executed this Contrac# on the
f ���day of , 2ob3.
Tilt Wrecicer � 1
i'age 11 of l2
ATTEST:
G`loria Pearson
City Secretary �
CITY �' FORT W.Q�RTH
� -
_-'�;�, gld� � . . •
"Cibby llh�a�son
Assistahf City Manager
APPROVED AS TO FORM
AND LEGALITY
GC .---
Assistant City Attorney
ATTEST:
Corporafe Secretary
�� � ��� � _
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�bx�t�a � F�a��i��i����vn
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n���
James L Milner Indi�iduallv
Owned and dba ,! L Milner
Wrecker Service
(Company N�e)
By: � r '
Ja s L Milner, Owner
Tilt Wrecicer ��
Yage 12 of l2
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ATJ�'� P�ZJ�T�
Tlie following rules �nd regul�fioiis will be �ollowed by ALL �'�'recicer Companies
t�poe� arrivnl at the Auto Pound.
1. The e�7try gate will not Ue blociced Uy wrecicers waiiing to euter or exit the Auto
Poiuld.
2. No �recicer shall enter tl�e Auto Paiuld witli moxe th�i one (1) person/aperator,
unless authorized Uy the an duty shift supervisor. This wi11 be done on a case by
case basis.
3, For saf�ty reasons, a Car Carrier will be re�L�ired to off load ihair cargo when
passible. Tlzis shali Ue detez�zained by t�ze or� duty s��pervisor.
�. T��ventories sl�ould Ue handled in au expeditious inanner when possible, However,
Auto Paund persoiu�el are required to do a cornplete and precise i�ventory of all
prope��ty aiid vehicl�s. A specific tin�e franle v�roiild be impossil�le to i.zlstiiute.
5. No wrecker drive�•/operator will assist witli any ialventary bezng co�ducted by
Auta Pa����d �aersomlel.
6. Tlie usa of Caz Cailiers, extra tinie, extra enuipnlent, etc., sllall be subject to
appravnl Uy the Wrecicer Adi�li�zstrator or Auto Paund Stipervisar.
7. iNi•ecicer driversloperators/owners shall be required to follow any directions or�
ii�structiaus given by Auto Pound persaiuiel.
$. Wrecicar Coinpaz�y Owners shall �.5SI5f and com�ly with any investigation
perfo��.�zed by Auto Pound perso��.�el or t�1e Fort Woi-tli Police Department in
re�ards to theu canapany, driver, operator atld or business without hesitation.
9. Viol�tions of any af the aUove n.11es shal� Ue stYbjec� to review by t��e Wrecker
Administrator or Auto Pound Supervisar.
TIie Auto Potuld Supe7visor or a higher level of caminand ��ay deternzine
disciplinary actian up to and inchiding te�ulu�atioii of colztract.
C`ity of �'ort` b�o�th, Texas
�y�� ��d �,�a����� ����u�;��t���
DATE R�FERENC� NUMB�R LOG NAM� PAGE
4181Q3 �01 �,��„� I 35TOWS 9 af 2
suB:��cT SUPPLEMENTAL APPROPRIATION ORDINANCE AND C�NTRACTS FOR NON-
C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REC�UIRED BY C1TY ORDINANCE FOR THE P4LICE DEPARTMENT
RECOMMENDATION:
It is recommend�d.that the City Council:
1. Au#horize contracts for Police Department requested non-consent towing of wrecked or abandoned
vehicfes from,multiple vendors as required by 5ection 34-181 of the Code of the City of Fort Worth
(1986}, as amended; and
2. Authorize the contracts to begin Apr�l S, 2003, and expire September 30, 20Q3, wifih options to
renew far four additional one-year periods; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriaiians by $446,944 in the General FuRd from a�ailable funds.
D15CUSSlON:
Sectior� 34-181 of the Code af the Gity of Fork Worth (1986), as amended, required that all palice
department, non-consent tows, shall be undertaken pursuant to contract, speeifically executed between
the Ci#y and a wrecker company. The Pubfic Safety Cammittee extensively reviewed the new rates and
unanimausly approved ihis recommenda�ion on March 25, 2003.
There are three types oi' contracts and rates as follows:
� Standard tow trucks $1Qa
• Tilt bedlrollback tow trucks $125
• Tandem tow trucks $18�
Contracts will be execu#ed with any vendor desiring to perForm non-consent tows for the Palice
Depar�ment, if they meet the cantract requirements such as towing operations being the vendars
primary b�siness, equipment speci#icatians, insurance, and a locally licer�sed starage facifity.
The fees for services to be pro�ided and assignment to one af four �ones are the same as contained by
Cify Code. The estimated expen�iture for these services is $1.8 million per year including the
antici�ated increase (af $446,944) for the remainder af the fiscal year based on the revised rates. This
increase wil[ be affsef by revenue collected as fees.
RENEWAL OPTIONS - These contrac#s may be renewed for up to four successive one-year terms at
the City's option. This action does not require specific City Councii approvai pravided ihe City Council
C'ity of .�'o�t Wo�th, T"exas
���� ��d ���r��;� ����u�;�����r�
DATE REFERENCE NUMBER LOG NAME PAG�
418103 �_1 ���� 35TOW5 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
has appropriated sufficient funds to sa#isfy the City's o�ligation during the renewal term.
FfSCAL IN�'ORMATIONICERTIFICATION:
The Finance Director certi'fies thai upan approval and completian �f the abaue recommendations and
the adoption of th� a�tached supplemental appropriation ardinance, funds will be avai[able in the current
operating budget, as apprapriated, o� the General Fund.
LW: r
Su[�mitted for City Man�ger's
Office by:
Lib6y Watson
Originating Department Head:
Ralph Mendoza
Additianaf Informatian Contact:
Susan Alanis
I FUND I ACGOUNT I
� (to)
I GG01 539120
6183 GG01 462624
�
�18356 I (from}
GC01 53912Q
�
78262 I
CENTER I AMOUNT
0353403 $446,944.00
03534Q3 $446,944.00
0353403 $446,944.OQ
CITY SECRETARY
ftPi'ROV�D 04/08/03
ORD.# 15517