HomeMy WebLinkAboutContract 28642ti-� -�
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CONTRACT FOR TOW TRIJCK SERVICE
{STANDARD SERVICE)
WHEREAS, the C�ty of Fort Worth occasionally requires the services of
tow trucfcs; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of the City of Fort Worth,
NOW, THERE�ORE, KNOW ALL BY THESE PRESENTS:
The City of F'ori Worth, hereinafter referred to as "City", acting herein by
and through Libby Watson, its duly authorized Assistant City Mana�er, and H&
R Automotive Inc.. dba H& R Wrecker 5ervice, hereinafter referred ta as
"Company", acting herein by and #hrough Herman Nieswiadomv, iis duly
authorized President, agree as follows:
1.
SERVICES
City here�y cantracts with Company ta provide police pull towing servic�.
As used herein, "polic� pull" shall mean that the �ort Worth Police Deparkment
has cafled Company from the rotation list to �ither r�move a wrecked or disabled
vehicle or to remov� a vehicle in a saf� driving condition, but the owner is not
preser�t, able or permitt�d io drive or to make authorizations.
2.
TERM
The initial term of this contract shall expire on September 30, 2DQ3. ln
addition to the initial term of this contract, there shaEl be fo�r options to renew for
terms of one year each, unless earlier �erminated as hereinafter pro�ided.
Renewa[ shall occur upon City including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company providing proofi
of insurance to City.
3.
COMPENSATION � -
3.1 Comqensation. As campensation for providinc� ���tl��-
contemplated by this Contract, City agrees to pay Cam�any as �allc��v�,•
•s�r�ry��; ,
I Bi� :
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a) Towaqe. A charg� af �ne hundred Dollars ($100.00} fior towing such vehicle
from on� point on a street ta another location within the corporate limits of the
city as directed by the police department at the plac� wnere the tow
a�iginated; such cY�arge includes one-half hour of extra work.
b) Second taw truclt. In the event the �olice officer at the scene determines
that a second tow trucf� is required, a charge of One hundred dollars
($�00.00} per hour, with a minimum charge of one hour, billed in increments
ofi fifteen (15) minut�s whi{e at the scene of the police pull. A police
supervisor shall ap�rove the use of a second tow truck. Travel time is
excluded.
c) Exira work. An additional charge of one hundre� dollars ($10�.00) per
hour, with a minimum charge of one hour, charged in increments of fifteen
{15) minutes, for removing vehicles that are off the street right-of-way, such
c�arge to b� made from the fime the operator begins to remove th� vehicle
until it is on the traveled portion ofi the street. E�en though the �ehicle is
wiih'tn the street right-of-way, an additiona! charge may be made if the vehicle
is [ocafed in some unusual condition within the right-of-way, such as, buf not
limiied to, a river or a creek bed ar a difch of greater depth than th� ordinary
bar ditch. Extra work shall only be allowe� when authorized by a police officer
at the scene of the pull. T�� charges for such extra worK shall be reviewed
and approved by the Auto Pound Wracker Administrator. Extra work
excludes travel time, waiting time and clean-up time.
d) Use of a dolfv. No additional f�e shall be charged for the use of a dolly.
ej Handlinq hazardaus materials. When the cargo of any mo�or vehicle or
trai{er i�cludes explosive, nuclear, radioactive, hazardous or corrosEve
materials, as defined by the Environmental Protecfion Agency, Texas
Department af Transportation, or the Texas Commission on Environmental
Quality, a fee equal to one hundred-fifty (15a) percent of the ct�arges whieh
may be assessed pursuar�t to subparagraph "a" abave. [n addition, a charge
may be made for expenses incurred related to protective clofhing and any
Standard Wrecker �
Page 2 oC t2
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other supplies or equipment used in handling such materials, such charge
being eq�aal to the actual amounts incurred plus fifteen (15) percent.
f) Nothing contained herein shall be construed so as to obligafe City to ex�end
any sums af money. Further, nothing contained herein sha[l be construed so
as to guarantee to Company that City will contact Compar�y for any towing
services cpntemplated by this Contract.
3.2 lnvoicina and Pavment. Company shall ]n�aice City once per montl�.
Company shafl include wi�h the invaice such documents as may be reasonably
requestec{ to provide evid�nce af the s�rvices provided to the City, which at a
minimum shall inc[ude copies of the wrecker selection form signed by fhe officer
at the scene of the police pull andlor personnel at the For� Workh At�ta Pound.
Such invoice shall be subject to the r�view and approvaf af appropriate Ci�y
personnel. City shali remit payment to Company not more than thirty (30) days
following approval of invoic�.
3.3 Compensation Review. City shall review on an annual basis the
compensation provided far hereunde�, with the first such re�iew to be conducted
during the mon#h of Augusf 2003. Similar re�iews shal� occur in August of each
succeeding year that this contrac# is in effect. City shall make adjustments in the
compensation bas�d upon irtcreases or decreases in the cast of doing business,
taking into consideration fuel, insurance, fabor, and such other costs as may b�
relevant to the operation of a towing business.
�.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at a[l �imes the fo�lowing vehicles and equipmenf
in working condition:
a) A minimum of two (2) wreckers, one of which shall be not Iess #han 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 I�nes, and a boom rated at r�ot less than 8,Q0� pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
St�ndard Wrecker 3
Pagc 3 of 12
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b) At a minimum, al] wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
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2)
3)
4)
5)
6}
7)
8}
9)
10}
11)
� 2)
13}
�4�
Tow bar
Towing lights
Emergency overhead warning lights (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
W recking bar
Braom
Ax
Shavel
Reflectars or traffic cones
Trash container
Two way voice or computer communication between tow truck
and Com�any dispatcher
Backing warning signal
Wheel chocks
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.002. In addition, each wrecker shall pravide
Notice af CampEaint Procedures to ihe owner of a towed vehicle as aut[ined by
the Texas Department of Transportation Rules and Regulations as confained in
43 Texas Administrafive Code, Chapter 18, subchapter 18.89, as same may be
amended �rom time to time.
�) Each tow truck and the required equipm�nt shall be [nspected by the
Chief af Police or his authorized designee priflr to being us�d for serv[ces
contemplafed by this contract. In addition, eacYt tow truck and the required
equipmer�t shalf be subject to intermittent inspection fo assure compliance with
this confiract.
Standard Wrecker �
Page 4 of l2
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�.
INSURANCE REQUIREMENTS
Company shall maintain insurance from ins�rers acceptable to C�ty of the
following types and amounts:
5.1 Commercial General �iabilify
$50Q,OQ0 each occurrence
$500,000 aggregate
ar
Garage �iability
$500,000 each accident, other than auto
$S�O,Oa� aggregate
5.2 Automobile �.iabiiity
$500,000 eaeh accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Gompany's op�rating authority.
5.3 CargolOn�Hook
$34,000 per unit
Coverage shall include both the unit being towed and its contents.
Ur�its covered shall include but not be limited to motor �ehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GA�iAC�K����R'S �EA�I�IiY
$30,OQ0 per unit
5.5 Worker's CompensationlAccident Insurance
Caverage shall meet the minimum requirements of state law as con�
tained ir� the Motor Carrier Rules and Regulations.
�.6 Current insurance certificates shall r�main on file with the City during the
ferm of this Contract. Insurance caverage may, at the sale discrefion of the City,
be revised upward upon thirty (30} days prior written notice to Company. Policies
shall be endorsed as follows;
Stnndard Wrecker S
Page 5 of l 2
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a} The City, its officers, employees and servants shall be en�orsed as. an
additional insured on all policies except employer"s liability insurance
coverage under fhe workers' compensation insurance policy.
b) Certificates of insurance shall be delivered ta the supervisor of fhe City of
Fort Worth Auto Pound, 1301 E. Narthside Drive, Fort Worth, TX 76102, prior
to any work being �erforme� under this contract.
c) Any faiEure an part of the City to request required insurance
documentation shall not constitute a waiver of f�e insurance requirements
specified h�rein.
d) Each inst�rance policy shall �e en�arsed fo provide the City a minimum
thir�y days notice of cancellatian, non-renewal, andlor material c�ange in
po�icy terms or coverage. A ten days notice shall be acceptable in the event
of non-payment of premium.
e) Insurers must be authorized to do business in the Sta�e of Texas and
have a current A.M. Best rating of A: VII or equivalent measure of financial
strength and solvency.
f} Deductible limits, or self-funded retention {imits, an each poCicy must not
exce�d $10,000.00 per accurrence unless oiherwise appro�ed by the City.
g) �ther than worker's compensatior� insurance, in [ieu of traditiona! insurance,
City may consider alternative coverage or risk treatment measures thraugh
insurance pools or risk retentio� groups. The City must appro�e in writing any
alternative coverage.
h) Workers' compensation �nsurance policy(s) covering em�loyees shall be
endorsed with a waiver of subrogatian providing rights of recovery in favor of
the City.
i) City shall not be responsible for the direct �ayment of insurar�ce premium
costs.
j} Insurance polic�es shail each be endorse� to pro�ide that such insurance
is primary protection and any self-funded or commercial coverage maintained
by City shall not be called upo� to contribute to loss recovery.
5laodard Wrecker (
Page 6 aF 12
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k) Company shafl report, in a timeky manner, to City's officially designated
contract administrator any known loss occurrenc� which could give rise to a
liabi�ity claim or lawsuit or vuhich could result in a property loss.
I) Company's liability shall not be limited to the specifiied amounfs of
insurance required herei�.
mj Upon the request of City, Compar�y shall provide complete copies of all
insurance policies required by these cantract documents.
5.7 ln the event a state or federal law, rule or regulation perkaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulafian shall
prevail far the respective type of insurance coverage andlor limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the following dut3es
an� have the following r�sponsibilities:
a) Mainta�n as its primary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a} and 4(b) above.
"Primary busin�ss" shall mea� that Company �-eceives more than fifty per-cent
(5Q%) of it gross revenues from fhe towing af vehicles and trai�ers. All of
company's records shall be apen to r�asonable inspectiort, both at the time of
executian of this agreement and at any time during the t�rm hereof, to verify
compliance wifh this condition.
b} Maintain a currently licensed �ehicle storage facility located within the
corporate limits of fhe Cifiy. "Vehicle storage facility" shall mean a facility
operated by a p�rson licensed under Article �687-9a, Revised 5tatutes.
c) Maintain business operation twenty-four (2�} hours a day, seven days per
wee€c.
d) Respond to all calls cantemplated �y this contract within thirky {30) minutes
af notification, except in extraordinary sifuations where delay is caused by ice,
snow or other weather related conditions. In the eve;nt Company fails to
respond as required, City may notify another wrecker company and Company
StAndard Wrecl<ar 7
Page 7 of f 2
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shalf not be entitled to the compensation to which it woufd hav� �een entitle�
had it arrived timely.
e) Maintain on file with the City the name of the owner, president or c�ief
execut�ve officer, business address, and telephone number; further, Gompany
shall notify the City of any change af ownershi�, presidenf or chief executive
ofFicer, or change of address within five (5) business days of any such change.
f} Delivc;r the motor �ehicle being towed to the lacation within the corporate
limifs of City designated by the police officer at tha scene of the pull. Del�very
shall be made without d�lay or d�tour,
g} Fu[ly cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services cantemplated by this Contract.
h) Shall not become delinqu�nt in th� payment af any taxes due to City.
i} Shaf{ not go to any accident scene unless the Company has been called to
the scene by the owner or op�rator of a veY�ic[e or an authorized representative
of same, or by the City.
j} Compl�tely remove all debris resuEting from any accident to which the
Company is r�spondi�g. Remaval of debris shall not be considered complet�
by merely swe��ing it to the curbline.
k) Shalf not solicit any wrecker business within the corporate limits o� C�ty at
the scene of a wrecked or disab[ed vehicle, regardless of wnefher the
solicitation is #or the purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the �ehicie.
I) Shafl anly employ drivers of tow trucks au#horized to aperate same.
m) Provide the Police Pound personn�l wi�h an invoice at the time �he vehicle
is delivered to #he Auto Pound tagether wifh the signed wrecker selection form
to be pro�ided.
7.
TERMINATfON AND SUSPENS[ON
7.� This contract may be terminated or suspended by City far any of the
fallowing causes:
Siandard Wrecker $
Page $ pC 12
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a} Vio�ation af any term andlor con�ition specified in this contract.
b) Failur� to notify the Communicatians Division of #he Police ❑epartment
within fifteen (15j minutes from fhe time of notification if fhe Company will
be unable to respond within ihe thirty (30) minutes allotted for a response to
a call far wrecEcer service.
c) Permitting a tow truck to be o�era#ed by anyone while under the influence
of alcohol andlor drugs.
d) Permit�ing a tow truck to be operated by anyone whose operator's license is
suspended.
e) Transferring or assigning any call for serviee to any other company
f) Any sustained compla�nt of theft by personnel of Company while acting in
their capacity as employees of Company, whether occurri�g during a police
puil or otherwise.
g) Any sustained complair�t of thr�ats ma�e by personnel of #he Company
while acting in their capacity as employees of Company made against third
parties during a police pull ar ofiherwise.
h} Failing to camply with al! directions of police personnel at �he scene of a
polic� ptall or civilian employee at the Police Pound. Company may req�e5t
a poCice supervisor to �alidate any such direction gi�en.
i) Five (5) passes within a thirty (30} day period. Pass in this paragra�h shall
mean Company failing to notify the City of its inability to respond to a
request for service as required by paragraph 2 above.
j) 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 request for
service as required by paragraph 2 abo�e.
k} Violation of any ru[e or regulation cantained in Exhibit "A"' attached hereio.
I) Failure to camply with any state or fiederal law or city ordinance related to
the operatian of a wrecker company.
7.2 City shall r�afify Company in writing of its intent to terminate or suspend for
ca�se twenty (20} days prior to such suspension or �ermination. Company shall
have the right fo request a hearing before the Chief of Pofice or his �esignee
Standard Wrecker [�
P�ge 9 of 12
regarding the intent to terminate or suspend for cause by r�questing a hearing in
writing within five �5) business days after receipt of notice of inteni to terminate or
suspend. A hearing shall be conducted within fifteen (� 5) days of the request for
hearing. Th�e City, in ifs sole discretion, may temporarily suspend this contracf
during any appeals process.
7.3 ln the event this cantract is suspended for cause, the suspension shall be
for a period of time of not less �than six (6) months nor more than twefve (12)
months.
T.4 In the event City suspends ar terminates this contract for caus�, and the
cause for such suspension or iermination is determined to be invalid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
any and all rights ta monetary damages, including but nqt limited to act�al and
punitive dama�es, coUrt costs and atfiarney's f��s.
8.
INDEMNI�ICATI�N
With regard to any fiabilify whic� might arise hereunder, City and Company
agr�e that they shafl be soleiy and exclusively liable for the negligence of its own
agents, servants, subcontractors and employe�s and that neither party sha�1 look
to the other party to save or hold it i�armless for the consequencss of any
negligence on the pari of on� of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver by City af
any right of protectian that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Gontract or any porkion
hereof to any �arty without the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Co�tract withaut the consent of the City shall be void and shall operate as a
terminatian hereof.
5tandard Wrecker 10
Page 10 of l2
10.
ZONES AND ROTATI�N LIST
10.1 City sf�all divide the city into four (4) zones that sha11 correspond to the faur
(4) patrol divisions. Company shall be assigned to the zone or an adjacent zone in
which it maintains its principal place of business.
10.2 City shall create a rotation {ist within each of the four {4) zones that will
dictate the order in which wrecker campanies are contacte�.
1 a.3 City may request Company to conduct a police pull within any zone, and
Company agrec;s to use its best effarts to arrive at the scene of fhe police tow
within th�rty (30) minutes.
1�.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Campany shall
perform all work and services t�ereunder as an independ�nt contractor, and not as
an officer, agent, servant or emp�oyee af the City. Company shall have exclusive
control of and the exclusive right to contral the details of the work or service io be
performed hereunder, and all persons performing same on beha{f of Company,
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, em�layees, contractors, subcontractors, licensees and invit��s. The
doctrine of r�spondeat superior shall not a�ply as between tl�e City and Company,
its off�cers, ag�nts, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties nereto.
Standard Wrecker 11
Page i l oC 12
In witness whereof, the parties hereio F�ave executed this Contract on the ���
day of �AJ� , 20�3. -
�
ATTf ST: CIT,Y, � 1-ORT V�F(�RfH
�'�^' • i I -�� ,:. ��-� B�� � �. _ :-
Gloria Pe�rson � � i�ll��son
City Secre�ary Assistar�# City Manager
APPR4VED AS TO FORM
AND LEGALITY
�
Assi sta nt�C it,�torney
ATTEST;
Corporate Secretary
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��an�r�c uthori ation
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t�ate
H& R Automotive 1nc., dba
H & R Wreck�r Service
(Company Narne)
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By: ��1�-
Herman Nieswiadomy,
President
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Standard N'eecker 1�
Page l2 ot' l2
��I-��IT �
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The following rules ntxd regulatians will be �'ollowed by ALL �Vrecicer Companies
uptin arrival at the Auto Pound.
1. The e�iry gatie �viil not Ue biociced by wreclfers waiting to enter or exif t1�e Auto
Poluid.
2. Na wrecker sllall enter tlze Auta Paund with ��ore than one (l) personioperator,
unles� authorized by �lie on duty shift supeivisor. This will be do�e on a case by
case basis.
;. For safety reasoiis, a Car Carrier will be required to aff load their cargo wvhen
passible. Tlv s shall be dete�znined by tlze on duty supervisor.
4. Inventaries shotiild be ha�ldled in arx expeditious manner when possible. Hawever,
Auta Pound personnel are �-equirec� ta do a co�r�plete a��d precise inventory of a11
�ro�erty and vellicles. A specific tiine franie would be unpossible to znstitute.
�. No wrecicer diiverloperator will assist with any iil�rentary bein� coilducfed Uy
Auto Poluld persoilnel.
6. Tl1e use Qf Car Ca�7�iers, exira ti�-ne, exira equipmeilt, etc., shall be snbject to
ap�roval l�y tlie Wrecker Adi�inistrator or Auto Po�u�d Supervisor.
7. Wrecker dz-ivers/operatorslowi�ers shall l�e rec�uired to follow any directioils ar
u7structians giveill�y Au�o Pa�u�d persannel.
8. Wrecker Coixz�ar�y Owileis sl�al� assist alid conzply v�,�it�� any investigation
pe�•fonzied by Auto PoLYnd persomlel or ihe Fort Wortli Police Depat�fine�it in
regards to tl�eir company, driver, operator and or business without hesiia�ion.
9, Violatians of any of tlle above iules sI1aI1 be subject to review by tlae Wrecker
Adu-unishator or Auto Pound Supervzsor.
The Auta Pottnd Sllpervisor or a lugher level of coinmalid �l�.ay detennin�
disciplinasy actioi� up to and ii�cluding terniinaiion of contract.
1
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C'ity o��`o�� �'o�th9 �'exacs
�y��r �r�� �����e�Q ������7�����n
DATE REFERENCE NUMBER ' LOG NAM� I'AGE
418103 �_� ���,� 35TOW5 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS F�R N�N-
CONSENT TOINING O� WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY C1TY ORDINANCE FOR THE POLICE D�PARTMENT
RECOMMEN�ATION:
It is recommended that t�e City Cauncil:
Autharize contrac#s fior Pofice D�partment requested non-consent towir�g of wreciced or abandoned
�ehic�es fram multiple vendors as required by Section 34-181 of the Co�e of th� Gity of Fork Worth
(1986), as amended; and
2. Authorize fhe contracts ta begin April 8, 2003, and expire September 30, 2003, with options ta
renew for four a�ditional one-year pefiods; and
3. A�opt the attached supplemental appropriatian ordinance increasing estimated receipts and
appropriaiions by $446,944 in the General F�and from available funds.
DISCUSSION:
Section 34-181 of the Code of the City of Fort Wo�th (1986), as amended, required that all palice
department, non-consent tows, s�all be underta�en pUrs�ant ta contract, specifically execufed between
the Ciiy and a wrecker campany. The Public 5afety Committee ex#ensiWely reviewed the new rates and
unanimously approved this recammendation an March 25, 2003.
There are three types of contracts and rates as follows:
� Standard tow trucl�s $1 DO
' Tilf bedlrollback tow truc4�s $125
• Tandem taw truc�s $180
Contracts wiil be executed with any ►�endor desiring to perform non-consent tows for the Police
Department, if they meet �he contraci requirements such as towir�g operatians being the vendors
primary business, e�uipment specifications, insurance, and a locally licensed storage facility.
The fees for services to be provided and assignment ta one of faur zones are the same as contained by
City Cade. The estimated expenditure for these services is $1.8 million per year including tl��
anticipaied increase (of $446,944} fo� the remainder of the fiscal year based or� the revised rates. This
increase wil{ be offset by re�enue cvllected as fees. -
RENEWAL OPTIONS - These contracts may be renewed far up to faur successi�e one-year ferms at
the City's option. This action does nat require specific City Cauncif appro�al pro�i�ed the City Council
�ity o� .�ort T�o�th, Z"exas _
�y�� ��d �c��rn��l ����un;c�t;�n
DAT� REFERENCE NUMBER LOG NAM� PAGE
418103 �_1 ���e� 35TOWS 2 of 2
SUBJECT SUPPL�MENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON�
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE �OR THE POLICE DEPARTMENT
has apprapriat�d sufficient funds to satisfy �he City`s obligation during the renewal term.
F�SCAL INFORMATION/CERTIFICATION:
The �inance Director certifiies that upon approval and completion of the above rec�mmendatians ar�d
the adoption of fhe at.tached suppl�mentai apprapriation ordinance, funds will be a�ailable in the current
operating budget, as appropriate�, of the General Fund.
tW:r
Submitted for City Manager's
Office by:
I FUND I ACCOUI�T I
I (to)
� GG01 53912D
61$3 I GGD1 462624
C�NTER � AMO[)NT
03534Q3 $446,944.00
0353403 $446,944.Oa
CITY SECRETARi'
Libby Watson
Originating Depart�nent Head:
Ra]ph Mendoza
Additional Information Cootact:
�8356 � (from)
I GG01
539120
I APPROVBD 04/08/03
0353403 $446,944.0(} � ORII,# 15517
Susan Alanis 7S2b2 I