HomeMy WebLinkAboutContract 28644� �
Cf�"Y �E�R�A�1° �
CONTRACT FOR TOW TRUCK SERVI�N�RACfi' �� ,_, _rl�-7 �
(TANDEM AXLE)
WHEREAS, the City of Fort Wor�h occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect fhe saf�ty of
fhe citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
Tf�e City of Fort Worth, hereinafter referred to as "City", acting herein by
and through Libby Watson, its duly autharized Assjstant City Manager, and
Postrac Inc. dba Beard's Towinq. hereinafter referred to as "Company", acting
herein by and thraug� Mike Post, its duly aut�orized President, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing service.
As used herein, "police puli" shall �mean that the Fort Worth Police Deparkment
has cafled Company from the rotation list to either remove a wrecked or disabled
v�i�icf� or to remove a vehicle in a safe drivir�g condition, but th� owner is not
present, able or permitfed fo drive or to make authorizations.
��
TERM
The initial term of this cantract shafl expire on September 3Q, 2Q03. In
addition fo the initial term of this contract, there shall be four options to renew for
terms of one year each, unless earlier terminated as h�r�:inaft�r provided.
R�newal shall occur upon City including in its budget for the options years
sufificieni funds to pay fior its obligations hereu�der and Company providing proof
of insurance to City.
3.
COMPENSATEON AND PAYMENT
3.1 Compensat[an. As compensation for providing th� services
cantemplated by this Contract, City agrees to pay Compan�-�.�.�a11�raGs:
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a) Towaq�. A charge of One hundred eighty Dollars {$180.a0) per ho�ar
for towing such vehicle from one point on a street to another location
within the corporate limits of the city as directed by the poiice
department at the place where the tow originated_ The minimum
charge shall be for one hour; affer the first hour, time shall be billed for
in increments of fifteen {� 5) minutes, at a charge of $45.00 �er
increment.
b) Second tandem axle tow fruck. In the event the palice officer at
the scene determines that a second tandem axle tow truck is required,
a charge of One Hundr�d eighty dollars ($180.�D} per hour billed in
increments of fifteen (15} minutes while at the scene of the police pull,
with a minimum charge for one hour, at a charge of $45.00 per
increment. Tra�el time is excluded.
c) Reimbursables. In the event Company is required to renf egUipme�t
ar other materials specifically refated to a police pull as directed in
writin� by a police supervisor at the scene, Company st�all �e
reim�ursed the actual cost inc�arred plus fifteen percenf (15%}.
Charges under this subparagr�ph are subject to th� revi�w and
approva] of a polic� supervisor.
d) Extra help. An additional charg� of twenty dollars ($20.00) per
man per haur, with a minimum charge of four �4) hours, when
authorized in writing by a police supervisor at tne scene of the police
pull,
e) Air cushions.
1.) Regufar cushions - A charge of ane hundred-fifty doUars ($15D.00}
per hour per cushion, wifh a minimum charge of ane hour. After the first
hour billing shall be in increments of fifteen (1 �} minufes.
2,} Tank�r cushions - A charge of four hundred dollars ($400.OQ) per
hour per cushion. After the first hour billing shall be in increm�nts of
fifteen {15} minutes.
Tancicm l�recker
f�Age 2 oC 12
2
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3.} Prior approval by a police supervisar at the scene of a po[ice pull is
required for the use of air cushions.
f) Hand[ing hazardaus materials. When the cargo of any mofor
vehicle or trailer includes explosive, nuclear, radioactive, hazardous or
corrnsive materials, as defined by the Environmental Protectior�
Agency, Texas Department of Transpor�ation, or the T�xas Natural
Commissian on Environmental Quality, a fee equal to one hundred-fifty
{150) percent of the charges i�curred under s�b�aragra�h "a" a�ove.
g} Tractor, hydraulic tilttail, lowbov, other specialized equiqment. A
charge of one hundred eighty da[lars ($18a.00) per hour, billed in
increments of fifteen {15) minutes, with each incre�ent being charged
as $45.00 per incremenf, as authorized in writing b�r a police
supervisor at the scene of the police pull. The police supervisor shall
sign the wrecker selection form.
h) Nothing cantained herein s�afl be construed so as to nbligate City to
exp�nd any sums of money �xcept for services actually rend�red.
Further, nothing contair�ed herein shail be construed so as to
guarantee to Company that City will contact Company for any towing
services contemplated by this Contract.
3.2 invoicinq and Pavment. Company shall Invoice City once per month.
Company shall include with the invaice such �acuments as may be reasonably
r��uested to provide evidenc� of fhe services provided to tf�e City, which af a
minimum shall ir�clu�e copies of the wrecker selection form signed by the officer
at th� scene of the pofice pull andlor p�rsonnel at the Fort WortY� Aufo Pound.
Such invoice shall be subject to the review and approval o� appropriate City
�ersonnel. Cify shall remit paymen# to Company not more fhan �hirty (30} days
following appro�al of invoice.
3.3 Compensation Review. City shafl review on an annual basis the
comp�nsation provided for hereund�r, with the first such review to �e conducted
during tf�e month of August 2003. Similar reviews shall occur in AUgust of each
succeeding year that this contract is in effect. City shall make adjustments in the
'l'andem Wrecker 3
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compensation based upan increases or decr�ases in the cost of doing �usiness,
taking into consideration fuel, insurance, labor, and such other costs as may be
refsvant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall mainta�n at all times the following vehicles and �quipment
in working condition:
a) A minimum of one (1 } tandem axle (Y�eavy duty} wrecker ra�ed at not less
than 26,OQ0 gross vehicle weigh�, equipped with a power winch and winch
lines with a baom rated at not less than �O,OOD pound lift capacity.
b} At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1 } Tow bar
2) Towing lights
3) Emergency overhead warning lights (red or amber color only)
4) Safety chain
5) Fir� extinguisher, A. B. C, type
6) Wrecking bar
7} Broom
S } Ax
9) Shovel
� 0) Reflectors or traffic cones
11) Trash cantainer
12) Two way voice or comput�r communication hetween tow truc�C and
Company dispatcher
9 3} Backing warning signal
14} Whe�l chocks
15} Traffie cones
c) Each wrecker sha11 ha�e the identifying markings required by the Texas
Transportation Code, secfian 642.002. In addition, each wrecker shall provide
Notice of Camplaint Procedures to the owner of a towed vehicle as ouflined by
Tandam Wracker 4
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th� Texas Department of Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time,
d) Each taw truck and the required equipment sha11 be inspected by the Chief of
Police or his authorized d�sign�� prior fa being used for services cQntemplafed
by this contract. in addifio�, each tow truck and fi�e require� equipment shalf �e
subject to intermittent inspection to assure compliance with this contract.
5.
INSURANCE REQUIREMENTS
Campany shall maintain insurance firom insurers acceptable to City in the
following types and amounts:
5.1 Commercial General Liability
$1,000,000 each occurrence
$9 ,000,000 aggregate
or
Garage Liability
$1,pQD,OaD each accident, otY�er than auto
$1,aao,000 aggregate
5.2 Aufomobile �.iability
$1,000,000 each accidenf, combined single fimit
This coverage shall include all vehicl�s owned or non-owned that are
aperating under Company's op�rating aufhority.
5.3 Cargol�n-Hook
$50,000 per unit
Coverage sha3l include both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
frailers and boats. Coverage shall be writfen an a direct primary
basis.
�.4 CARAG�K�EPER"S LIAB1�1 fY
$50,OD0 per Unit
5.5 Worker's CompensationlAccider�t fnsurance
Tandem Wrccicer
Puge 5 of l2
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Coverage shall meet the minimum re�uirements of state law as
contained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificafies shall remain on file with the City during the
ferm of this Contract. Insuranee coverages may, at the sole discretion of �he City,
be revised upward upon thi�fy (30) days prior written notice to Company. Palicies
shall �e endorsed as follows;
a) The City, its o�ficers, �mployees and servanfs shall b� �ndorsed as an
additianal insured on all policies except employer's liability insurance
coverage under the workers' compensation insurance policy.
b} Certificates af insurance shall be defi�ered to ti�e supervisor of the City of
Fori Wo�th Auto Pound, 1301 E. Northsid�; Drive, Fort Worth, TX 76�02,
prior to any work bei�g performed Under this coniract.
c) A�y failure on part of the City to request required insurance
dacumentation shall not constitute a waiver of the insurance requirements
specified herein.
d) Each insurance �alicy shall be endorsed to �rovide the City a minimum
thiriy days notice of cancellation, non-renewal, andlor material change in
policy terms or coverage. A ten days notice shalf be acceptable in the
event of non-payment of premium.
e} Insurers must be authorized to do business in the State of Texas an�
ha�e a current A.M. Best rating of A: Vll or equi�alent measure of finar�cial
strength and solvency.
f} Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,DOO.OQ per occurrence unless otherwise appro�ed by the City.
g) Other than warker's campensation insurance, �n lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. Ti�e City must approve in writing
any alternafive coverage.
h} City shall not be responsi�le for the direc� payment of insurance pr�mium
costs.
Tandem Wrecker
Pase 6 of I 2
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i) lnsurance palicies shalf each be endorsed to pro�ide that �uch insurance
is primary protection and any self�funded or cammercial coverage
maintained by City shall not be called upon to contribufie to loss recovery.
j} Company shall report, in a timely manner, to City's officially designated
contract administrator any known loss occurrence whicl� could gi�e rise to
a I�ability claim or lawsuit or which could resuit in a prop�rty lass.
k) Company's liability shall nat �e limifed to th� sp�cified amounts of
insurance required herein.
I) Upon the request of Gity, Company shall provide camplete copies of all
insurance policies required by fhese cantract documents.
5.7 {n the event a state or f�deral law, rule ar regulation pertaining to wrecker
service companies operating within the State af Texas exceed insurance
requirements specified herein, such state or federal law, rufe or regulation shall
prevail for the resp�cfi�e type of insurance caverage andlar limit thereof.
6.
DUTfES AND RESPONS1BfLITIES �F COMPANY
Company, dur�ng the term of this contract, sha1� �erfarm the following duties
and have the foqowing responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting �he requirements of �aragraphs 4(a) and �(b) above.
"Primary business" shall mean that Company receives mor� than fifty per-
cent (50%) of it gross rev�nues from the towing of vehicles and trailers. A��
of company's records shall be open to reasonable ins�ection, both at the
time of �xecution of this agreement and at any time during tY�e term hereof,
to verify com�liance with this condition.
b) Maintain a currenfily licensed vehicl� sfarage facility located within the
car�orate limifis of the City. "Vehicle storage facility" shall mean a facility
aperafied by a person licensed under Article 66$7-9a, Revised Statutes.
c) Maintain business operation twenty-foUr (24) hours a day, seven days p��
week,
Tancicm Wrecker 7
Page 7 af ] 2
d) Respond to aIl calls cont�mpla�ed by this contract within forty-five (45)
minutes ofi notification, except in extraordinary sit�aations where delay is
caused by ice, snow or other weather related conditions, ln the evenfi
Company faifs to res�ond as required, City may notify another wrecker
company and Company shall not be entifled to the compensation to which it
would have been entitled had it arrived timely.
e) fUlaintain on file with fhe City the name of the owner, president or chief
executive officer, business address and telephone number; fiurther,
Cvmpany shall notify the City af any change of awnership, president or
cnief ex�cutiv� officer, or chang� of addr�ss within five {5) business days of
any such change.
f) Deliver the motor vehicle being towed ta the ]ocation within the corporafe
fimits of Cify designated by the police officer at ti�e scene of the pull.
Delivery shall be made without delay or detour.
g) Ful1y cooperate wifih any investigation condueted by the City regarding
complaints against Company, wheth�r or not such complaints arise out af
services cantemplate� by this Contract.
h} Shall not become delinquent in the payment of any taxes du� to City.
i) Shall not go to any accident scer�e unless the Company has been ca{led ta
the scene by th� owner or aperator of a vehicle or an authorized
representative of same, or by the City.
j) Completely remove all debris resufting from any accident to which the
Company is responding. Removal of debris shall not be considered
camplete by merely sweeping it to the curb[ine.
k} Shall not solicit any wrecker business within the corporate limits of City at
the scene of a wrecked or disabled vehicle, regardless of wheti�er the
solicitation is for the purpose of soliciting the business of towing, repairing,
wreck�ng, staring, trading, or purchasing the vehicle.
h) Shall only employ drivers of tow trucks authorized to operate same.
Tnnaem wracker
Pagc S ol' 12
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i) Provide Police Auto Pound personnel with an in�oice at the time the tawed
vehicEe is delivered to fhe Pound fogether with a signed wrecker selection
form provided by the police officer or sup�rvisor at tne scene of the police
�ull.
7.
TERMINAT[ON OR SUSPENSION
7.1. ThiS confract may be terminated or suspended by City for any af the
follawing causes:
a) Vio{afion ofi any term andlor co�ditian specifiied ir� this contract.
b} Failure to notify the Communications Division of the Police Department
within fift��n (15) minutes from the time of nofification if the Company will
�e unable to respond within the forty-five (45} minutes allotted for a
response to a wrecker call.
c) Permitting a taw truck to be operated by anyone while under the influence
of alcohoi andlor drugs.
�) Permitting a fow truck to be operated by anyone whose operator's license is
suspended.
e) Transferring or assigning any call for service to any other com�any
f) Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees of Company, whether occurring during a police
pull or otherwise.
g) Any sustained complaint of threats made by personnei of the Company
while acting in thei� capacity as employees of Company made against third
pa�ties during a police pulf or otherwise.
h) Failing ta com�ly with al{ dir�ctions of pofice personnel af the scene of a
police pull or civilian or police personnel at the Palice Auto Pound.
Company may request a police su�ervisar to validate any such direction
given.
i) F�ilure to comply with any stafe or #ederal law or city ordinance related to
the operation of a wrecker company.
Tandem Wracke�-
Page 9 ai� 12
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j) Five (5) passes witF�in a thiriy (30) day perkod. Pass in this paragra�h si�all
mean Company failing to notify the City of its inability to respond to a
request for service as required by paragraph 2 above.
�t) Ten (10) pa�ses within a thirty (30} day period. Pass in this paragraph shall
mean a Company notifying the City of its inability to res�ond ta a request for
service as reguired by paragraph 2 above.
I) V�olation of any rule or regufation cantained in Ext�ibit "A" attached hereto.
7.2 City sY�all notify Company in wrifiing of its inter�t to terminate or suspend for
cause twenty (20) days prior to such suspension or terminafion. Company shall
have the right to request a hearing before t�e C�ief af Police or his designe�
regarding the intent to terminate or suspend for cause by requesting a h�aring in
writing witl�in five (5) business days after receipt af natice af intent to terminate o�
suspend. A hearing sha�l be conducted within fift�en (15) days afi fhe request far
hearing. The Cify, in its sole discretion, may temporarily suspend this contract
during any appea�s process.
7.3 In the event tnis cantract is suspended for cause, the suspension shall be
for a period of time o�f not less than six �6) months nor more than twel�e (12)
months.
7.4 In the event City suspends or terminates this contract for cause, and the
causa for such suspension or termination is determined to be in�alid, Company's
sofe remedy shall be reinstatem�nt of this cantract. Company expressly waives
any and all rigY�ts to mon�tary damages, including but not Iimited to actual and
punitive damages, court costs and attorney's fees.
8.
INDEMNIFICATI4N
Wit� regard to any [iability which might arise he�eunder, City and Company
agr�e t�at they shall be sofely and exclusi�ely liable for the negligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to fihe otf�er party to save or ho[d it harmless for the conseguenc�s of any
negligence on the part of one of its own ag�;nt, servant, subcontractor ar
Tandem Wrccl<cr 10
Page 10 nl' 12
employee. Nothing contained herein shall be construed to be a wa�ver by City of
any right af protection that it enjays under appficabl� State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or ar�y �or�ion
hereof to any party without the prior writte� cansent of City that shall not be
unreasonably. Any s�cYt assignment, transfer or subletting of this Contract shall
be void and shall operate as a terminatian hereof.
10.
INDEPENDENT CONTRACTOR
lt is understood and agreed by the parties hereto that Company shall
perform all work and s�rvices hereunder as an indep�ndent contractor, and not as
an afficer, agent, servant or employee of the City. Company shall have exclusive
control of and the exclusive right to contral the details of the work or service to be
perform�d hereu�der, and al{ persons �erForming same on bahalf of Company,
and shall be safely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. The
doctrine of respondeat superior snall not apply as between the City and Company,
its officers, agents, servants, employees, contractors and subcor�tractors, and
nathing herein shall be construed as creafing a par�nershi� or joint venture
between the pa�ties her�to.
In witness whereaf, the par�ies hereto have execute� this Confract on the
� day of , 20�.
Tandem WreCker 1 �
Pageil ofl2
ATTEST:
< - �
, , .�, .� �1��...�
Gloria Pearsc�r. �
Cify Secretary
APPROVED AS TO FORM
AND LEGALITY
Assistant Cify Attorney
ATTEST:
Corparate Secretary
Tandein Wrecker
Page l2 of l2
CITY O� �ORT WORTH
- � �
��
By: � _ �.;�� �
,
�Cibby Vl�a�fson
Assistant City Mar�ager
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Contract A�1�iipriZ�ti��1
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Postrac Inc. �ba Beard's
Tawinq
{Company Narne)
By: _ ` . -_ . __ � . _'
Mika Post, President
IZ
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Af.�'�r�r� �
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l�XgI��I'� �
A�J7�'� P��TN�
Tl�e following a�ules �nd reguiations will be �ollowed by ALL Wrecicer Campanies
iipon ari•iv�l �t tl�e Auto Pannd.
l. The entry gate will not be blocked Uy wreckers waitir�g to enter or 2Xi� i13B ALltO
P01111d.
2. No wrecicer shall ez�ter the Auto Pound with more tha.i� one (1) persot�/operator,
ui�less autlzorized by ihe on duty shift supervisor. This will be done on a cas� by
case basis.
3. For safety r�asoils, a Car Cai7�ier will be required to off load tlieir cargo w11en
�ossiUle. This shall be dete�inin�d by the on duty supeivisor.
4. Inventories should Ue l�andled in an expeditious rr�anner when possible. However,
Atrto Pound personnei are required ta do a complete and precise inventory of a11
property and vehicles. A specific tiine fiame would be impossible ta institute.
5. No wrecker driver/operatar will assist witll ai7y inventory being canducted by
Auto Pound personnel.
6. TIZe t�se of Ca�• Carriers, extra time, extra ec�uipme��, etc., shall be sLtUject to
�pproval by tlle Wrecicer Adininistrator or Auto Pound Supe�-visor.
7. Wrecicer drivers/operatars/owners shall b� requir�d to follow a11y directions ar
insiructions given by Atzto Folind personnel.
8. Wracicer Company Owners slzall assist and coinply with any investigation
perfoi-�ned by Attto Pound personnel or tlie For`t Worth Police Department u1
regards to their com}�any, driver, operator and or busuZess wit�lout hesitation,
9. Vialations of any of the above rltles shall be suUject to review by the Wrecicer
Adrninistratar or Auto Pound Su�ervisor.
The A�.ito Pound Supe�visar ar a higher lavel of comnland n�ay detennine
disciplinary actioii up to a�id including te�'�niiiation of contract.
C`ity of `.�'o�� Y�o�th, T�'exas
�r��� at�� ����n��Q �����r�;��t��r�
�A`f � REF'�R�NCE Nl_iMBER �OG iVAME
418103 �4� ����,
35TOWS
PAG�
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su�J�cT SUPPLEMENTAL APPROPRIATION ORDiNANCE AND CONTRACTS F�R NON-
CONSENT T�WING OF WRECKED QR ABANDONED VEHICI.ES FR�M MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that t�e City Cauncil.
1.. Aut�orize contraets far.Palice Department requested non-cansent �owing of wrecked or abandoned
vehicles from multiple vendors as required by Section 34-181 of the Code of the City of Fort Worth
(1986), as amended; and
2. A�fhorize the contracts to begin Apri1 8, 2003, and expire September 30, 20Q3, with op#ions to
renew for faur additional one-year p�riods; and �
3. Adapt the aftached supplemental appropriati�n ordinance increasing estimated r�G�iPts and
appropriatians by $446,944 in the General Fund from available f�ands.
�15CUSSION:
Section 34-181 of the Code of the City of Fort Worth (1986), as amended, required that alI police
department, non-c�ansent tows, shall be undertaken pursuant to cantract, s�ecifically execu#ed �etween
the City and a wrecker eompany. TF�e Public Safety Commitfee exter�sively reviewed the �ew rates and
unanimausly appro�ed this recommendation on fVlarch 25, 2003.
There are three types of contracts and rates as follaws:
� Standard tow trucks
� Tilt bedlrollback tow truc�s
� Tandem tvw #rucks
�1ao
$�25
$�80
Contracts will be executed wi#h any �endor desiring tv �erForm non-cansent taws for the Polic�e
Deparkment, if they meet the contract requirements such as t�w�ng opera�ions beir�g the v�ndars
primary business, equipment specifications,.insura�ce, and a locally licensed storage facility.
The fees for seruic�s to be provided and assignment to ane of four zones are the same as contained by
City Code. The estimated expenditure for these services is $1.8 million per year including the
anticipated increase (of $446,944) for fhe r�mainder ofi the �Fiscal year based an the re�ised rates. This
increase will be offset by re�enue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for Up to fo�r successive one-year terms at
the City's optian. This action daes nat require specific City Co�ncil approvaf prauided the City Councii
�'i�y of Fo�t Wo�th, T'exacs
���� �1f�d ��t�f�c�I ���1i���1�ci�t1��1
DA�"� I���'�F2ENCE NUMB�E2 LOG NAM� PAGE
418103 �a�J g��q, 35TOWS 2 of 2
SUBJ�CT SUPPLEMENTAL APPROPR[ATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE F�R THE POLICE ❑EPARTM�NT
has appropriated sufficient funds to satisfy the City's obiigation during the renewal ierm.
F15CA1. I N FORMATION/CERTI F I CATIO N:
The Financ� Director certifi�s that upon approval and campl�tion of the above recommendations and
the adoption of the a#tached supplemental appropria#ion ordinance, funds will be available in the current
operating budget, as apprapriated, af #he General Fund.
LW:r
Subntitted t'or City Manager's
Office by:
Libhy Watson
Originating Aepartment I-Iead:
Raiph Mendoza
Additional Information Cnntact:
Susan Alanis
FiT�ID I ACCOUNT I CENTER
(to)
GG01 539120 0353443
6183 GG01 462624 0353403
48386 I (fram)
GG01 539120 0353403
�
7$262 �
� AMOUN'T
$446, 944.00
$446,944.OQ
$446,944.00
CITY S�CRETARI'
APP1tOVEb 04/0$103
ORD.# ] 5517