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CONTRACT FQR TOW TRUCK SERVICE
(5TANDARD SERVTCE)
V�HER�AS, the City of Fort Wo�th occasionally requires the service of
tow trucks; and
WHEREAS, such tow trucic services �re necessary to protact the safet�r
of the citizens of the City of Forfi Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Wotth, her�inafter referred to as "City", actillg herein
by and tluough Libby Watson, its duly autharized Assistant City Manager,
and James Revnolds Individually owned and dba Nor�nans Wrecicer Service,
herei�lafter referred to as "Company", acting herein Uy and tl�ough James
Revnolds „ its duly au�hor�zed �wner, agree as fQllows:
l.
SERVI�ES
City hereby contracts with Company to provide police pu11 towing
service. As used he�ein, "police pull" sha11 mean that the Fort Worth Police
Deparhnent has called Campany from the rota�ion list to either remave a
!� wreciced or di5abled vehicle or to relnove a vel�icle in a safe driving candition,
but the owner is not present, able or permitted to drive or to nzalce
authoiizations.
2.
TERM
The term of this contract shall be for a period of tw�lve (12) months
from the date af its execution, with fouz opiions to renew for ternis of ot�e year
each, unless earlier terminated as hereinafter provided. Renewal sha11 occur
upo11 City including i�� its budgei for the options years suificient ftiit�ds to pay
for its o�ligations hereui�der and Company providing proof of insu�-ance to
Ci�y.
3.
COMPENSATION
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1. Compensation. As compensation for providing the se�•vices
contemplated by this Contract, City a�-ees to �ay Compai�y as follows:
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a� Towaqe. A charge of sixty-five dollars ($65.�a) for towir�g such ve�icle from
one point on a streef fo another Iacation within th� corparate limits af the city
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as directed by th� police department at the place where the to�nr origina�ed;
such charge ineludes one t�our of extra work.
b) Second #ow fruck. � in the event the police officer at the scene determines
that a secand tow truck is required, a charge of fifty dollars {$50.00) per hour,,
with a minimum ch�rge of one hour, bilfed in increments af fifteen {15}
mintates while at th�e scene of the police pull. The use� of a second tow truck
shali b� approv�d by a pol�ce supervisor. Travel time is excluded.
c) Extra work. An addit�onal charge of fifty doElar� ($50.00) per hour, with a
minimum charge of one hour, charg�d in incr�ments af fifteer� (15) minutes,
for removir�g vehicies which are off the street rigi�t-of-way, such charg� to be
made frvm the.time #he operatar begins to remc�ve th� vehicle unfil it is an the
� travelec� partion of the street. E�en though the �ehicle is wi#hin the street .
right-of-way, an additional charge may be made if the vehi�le is lc�cateci in
same unusuaf condition within the right-of-way, such as, but noi limited #o, a
river or a ereek bed or a ditch of greater depth than the ordinary bar ditch.
Extra work shall only be allawed when authorized by a palice officer at the
scene of the pull. The charges for such extra work shafl be reviewed and
appro�ed by t�e Auto Pound Wrecker AdminEstrator. Extra work exciud�s
travel time, waiting time ar�d clean-up time.
d) Use of a do�lv. No additional fee shall be charg�d for the use of a dolly.
e} Handlinq �azardous materials. When the cargo of any matar vehicle ar
� t�ailer includes explosive, nuclear, radioactive, i�azardous or corrosiv�
materiais, as ciefined by the Environmental Protection Ag�;ncy, Texas
Department of TransPortation, or th� Texas Natural Resource Canser�ation
Commission, a fee equal to one hundred-fifty (150} percent af the charges
which may �e assessed pursuant ta subparagraph "a" abtive. 1n addi#ion, a
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c�a�ge may be made far expe�ses incur�-ed related ta �rotective clatf�it�g and
any other supp[ies or equi�mer�t �sed in handling such materials, such
charge being equa[ to the actua! amaunts incurred plus fifteen (15) percant,
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f) NotY�ing contained herein shall be construed so as to obligate City to expend
any sums afi money. Further, nothing contained he�ein shaE! be cartsirued so
as #o guaranise to Company fhat City will contact Campany for any towing
services contempia#ed by this Contract,
2. Invaicinq and Pa�ment. Company shall �n�oice City anc� per month,
Gompany sha�l include,with the invaice such documents as may.be reasonably
requested to pravide evidence of the services pravided to the C�ty, which at a
minimum sha�l inc{ude�capies of the wrecker selection fiorm signed by the offieer
at the scene of the po[ice pu[! andlar persannel at the Fort Worth Aut� Pourid.
Such i�voice shafl be subject to the re�iew and ap.pro�af of apprapriate City
personn�l. City sha[1 remit payrnent to Company not more than thirty (34j days
followir�g approWal af invoice.
4.
VEHICLE AND EC�UIpMENT REQUIREM�NTS
Company sF�afl maintain at all tim�s the following vehicles and equiprnent
in working cond�tion:
,
aj A minimum of two (2) wreckers, one of which shalf f�e not fess than 14,OD0
pounds gross vehfcle vti+eight and one of which shall be not less than 10,Ofl0
paunds gross uehicle weight, dual rear wheefs, equipped with a f�ydraulic
operated winch, winch IEnes, and a boom raied at nat less than 8,fl00 pound
lift capacity and a wheel lift dev�ce rated at not less fhan 2,50a pounds.
b} At a minimum, a11 wreckers sha[I E�e equipped with the fo[lowing equipment,
which at all iimes s�alf be maintained in work�ng ord�r:
1)
2)
3}
4)
5j
6)
7�
Tow bar
Towing lights
Emergency overhead warning iights (red or amber cofor only)
Safiety chain
Fire extingt�isher, A.B.C. Type
Wrecking �ar
Broom
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8)
9)
10)
�li)
�2)
Ax �
Shovel
Reflectors or traffic cones
Tras�h container
Two waj� �aice or co�rnputer communicatian between tow truck
and Company dispatcher .
13) Backing warning signa[
14) Whee! choc�Cs
c) Each tow tr�ck shalf have permanent[y inscribed an eacF� sid� of the �ehicle,
in letters of not less than ihree (3} inches in i�eigl�� the name, address and
t�lephone number of the company. Magne#ic or other forms o# removable signs
are prohibited.
d) Each tow truck and the required equipment shal[ be ins�ected by tf�e Chief of
Pofice ar his authorized designee prior to being used for services contemplated
by this contract. In a�ditian, each taw t�uck ar�d the required equipment sha11 be
sub�ect io intermittent inspection to assure compliance with this contract.
5.
INSURANCE REQUIREMENTS
Company shall mainta�n insurance #ram insurers acce}�table to City of the
fo[lowing iypes and amounts:
5.1 Commercial Cenera[ �iability
$�00,000 each occurrence
$500,000 aggregate
5.2
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or
Garage Liability
$500,000 eac� accident, other than auta
$500,0�0 aggregate
Automobile �iability
$540,000 each accident, combined single I�mit
This co�erage shalf include all vehicles owned or non-owned #hat
are vperating under Company's operating authority.
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5.3 � GargolOn-HooE�
$30,000 per unit
Coverage sha�l inclu�e both t�e unit being towed and its contents.
Units .covered shall include bui not be limited to mo#or vehicles,
trailers ancl boa#s. Coverage shall be written on a direct primary
E�asis. , � �
5.4 C/�RAGEK��P�R'S �lA�ILliY
$30,000 per unit
5.5 Wor�t�r's CompensationlAccidenf Insurance
Coverage shail meet the minimum r�quiremenis of state law as con-
tained in the Motor Carrier Rules anc� Regulations.
5.6 C�rrent insurance certifEcat�s shall remain on fife with the City during the
term of tnis Contract. Insurance coverages may, at the sole ciiscretion of the City,
be re�ised upward upon thirty (30) days prior written notice to Company. Policies
shall be endarsed as follows:
• to pro�ide the City with a minim�m of thir�y (30} days �otice of
cancellation, non-paymen� of prem[um, or non-renewal; •
• to cover the City as an additionaf insured on iiability insurance palicies,
except for empioyer's liabiiiiy; and �
• to �nclude a waiver of subrogation in favor of the City.
5.7 In #he e�ent a state or federal law, rule or regulation pertaining to wrecker
service companies operating w�thin the S#ate of Texas exceed insurance
requir�ments specifiec# �ereiR, such state or federal iaw, rule or regulation sriall
preuai[ for the respective type of insurar�c� coWerage andlor limit #hereof.
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DUTIES AND RESP4NSIBILITIES OF COMPANY
Company, during the term of tf�is contrac�, shall perform the following duties
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and have the foflowing respot�sibilities
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a) Maintain as �ts primary business th� towing of �ehicles or traiters by wreckers
meeting t�e requirements af paragra�hs 4(aj and 4(b} abave. "Primary
business" sha11 mean that Campany receives more th�n fif#y per-cent (50%) of
it grass revenue.s from th� towing of vehicles and trailers. All of campany's
records shalf �e open to reasonable inspeetion, both at the time of execution of
this ag�eement and ,at any time during the term hereof, io verify. camp[iar�ce
wit� fY�is candition.
b} Maintair� a currenfl}i lic�nsed vehicle starage faciliiy located within the corporate
limits of the City. "Vet�icle starage faciiity" shall mean a facility operated by a
person licer�sed under Article 6687-9a, R�vised Statytes.
c) Maintain business operation twenty-four {24} hours a day, seven days per
week. .
d} Res�ond to alLcal[s contemplateci by this coniract within thirky (3p� minUtes of
noii#ication, exc�pt in extraordinary situations where delay is ca�ssd by ice,
snow or other weather relaieci canditians. �n the event Company fails ta
respand as required, Gity m�y notify ar�other wrecke� campany and Campany
shall not be enti#led #o the compensation to which it wouid haue been entitle�
had it arrived #imely.
e) Noiiiy the City of ar�y change of vwnership, presicient or chief executive officer,
or change of address within five (5) business r�ays of any such change.
f) D�fiver #he mator vehicle being tawed to the locatior� within fihe corpo�'ate Iimits
of City designated by the police officer at the scene of the pull. Delivery shal�
be made withaut delay or detour.
g) Fully cooperate with any investigation cond�cted by iF�e Gity regarding
camplaints agair�st Company, whether or nat such complaints arise out af
services contemplated hy this Gontract.
h) Shal1 nat become delinc�uent in the paym�nt of any taxes due to City.
i) Shalf not go fo any acci��nt scene unless the Cornpany has been calied to tl�e
scene by the own�r or operator of a vehicle or an authorized representative af
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sam�, ar by the City.
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j) Shall not soiicit any wreck�r business with�n the corporate limits of City at the
scene of a wr�ck�d or disabfed �eh�cle, regardfess of whet�er the soIicitatian is
for the purpase nf soEiciting the business of towing, repairing, wrecking, storing,
trading, or p�rchasing the vehicfe. �
k) Sha[I only emp[oy drivers of tow trucks authorized to aperate same.
I) Provide thte Police Pound personnel with an invoice at the iime the vehicle is
delivered to the Auto Pound together with the sigrted� wrecker seiection form to
be provided. � �
7.
TERMINATION AND SUSPENS�ON
A. This contract may be terminaied or suspended by City for any of the
following eauses:
1. Violat�on of any term andlor cor�dition specified in this contract.
2. Failur� to notify the Cammunications Division of tl�e Polic� Department
within fifteen (� 5) minutes from the time of notification if the Campany
will b� unable to respond within t�e t�it�y (3�} m�nutes .aflotted for a
res�onse to a call �ar wrecker servic�.
3. Permitting a tow truck ta �e aperated by ar�yone whi�e under fhe
i�fluence of alcohol and/or drugs.
4. Permitting a taw truck io be o}�eratec� by anyone whose operator's
license is suspended:
5. Transferring or assigning any call for serviee to any other c�mpany
6. Any sustaineci complaint af theft �y pers�nnel of Company whi[e acting
in their capacity as empfoyees of Company, wt�et��r occurring during a
�ol�ce {��II or otherwise.
7. Any sustained complaint af threats made by personnel of the Com�any
while aciing in their capacity as emp[oyees of �ompany made against
third parties during a palice pull or otherw�se.
8. Failing to comply with all directEo�s of police personne! at the scen� of a
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police pull or civilian empiayee at the Polic� Pound. Company may
request a palice supervisor ta validate any such direction given.
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9. Five �5) passes within a thir�y (30) day �eriod. Pass in this paragraph
shall mean Company fai�ing to notify the City of its inabiiity ta respond to
a reques# far service as required by paragrapl� 2 abova.
10.Ten {10) �asses within~a thirty (3a} day period. Pass in this paragraph
s1�a11 mean a Company natifying the C�ty of its inability to respond to a
request for service as required by paragraph 2 above. .
11. Violation a# any r�le ar regulation contained in Exhibit "A" attached
hereto.
12. Failure to compiy with any s#ate or federal !aw or cify ordinance related
to the operafion of a wrecker campany. ._
B. City shall notify Company in� writing of its intent ta terminate ar suspend for
cause twenty (20) days priar to such suspension or terminatian. Com�any sha�f
ha�e the right to request a hearing before t�e Chief of Police or his designee
regarding the intent to terminate or sus�end far cause by requesting a hearing in
writing witFiin five (5} business c�ays after r�ceipt of notice of intent to terminate or
suspend. A F�earing shall be conducted within fifteen �1 �) days af ti�e re�uest for
hearin�. The Ciiy, in its sofe� discretian, may temporarily susp�nd this contract
during any appeals process.
C. In the event this contract is suspended for cause, �he suspension shafl be
for a periad of time of �not I�ss than six (6) mon#hs nor more than twefve (12)
months.
D. In the event City suspends or termi�ates this contract #or cause, and the
cause for such suspensian or termination is �Ietermir�ed to be invaiid, Company's
sole remedy shall be reinstatame�t of #his contract. Company expr�ssly wai�es
any and all rights to monetary damages, incl�ding but not limited to actual and
punitive damages, cour� costs a�d attorney's fees.
8.
INDEMNiFICATION
With regard to any liability whEch m�ght arise her��nder, Ci#y and Custamer
agree that they shall be solely and exclusively liable for the negiig�nce of its owr�
ager�ts, ser�ants, subcontractors and employees and that neither party shall laok
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to the other party to sa�e or F�ald i# F�armless �ort h� consequences ofi any
negl[genee on the part vf one of its awr� age�t, servant, subcontractor or
employee. Nothing contained herein sha11 be construed to be a waiver by Gity of
any right af protection which it enjoys under ap�Eica�l� State or Fede�al law.
' 9.
ASSIGNMENT
Company shall n4t assign, transfer or sublet this Contract or a�y portion
hereof to any party without the prior written consent of City which shall not be
unreasonably withheld. Any such assignment, #ransfer or subletting of this
Contract without the consen# af the City shall be voj�1 and s�all o�erate as a
termination hereaf.
10.
ZONES AND ROTATION LIST
A. Gity shall ciivids the ci�y into fo�r (4} zones which shall correspond to the
four (4} patrol divisions. Campany shall �e assigned to fhe zone or an adjacent
zone in which it ma[n#a[ns its principa! p�ace of business.
B. City sha11 create a rotation list wiihin each of #he faur (4) zanes that will
dictate the order in which wrecK�r companies are contacted.
C. City may requesi Company to conduct a police �ull within any zone, and
Company agrees #o �s� its 6est efforts to arri�e at the sc�ne of the palice tow
within thirty (30) minutes.
�1.
INDEPENDENT CaNTRACTOR
It is understood and agreed by the parties hereto that Company shall
perForm al� wor�C and services hereunder as an inciependent cantracfor, and not as
an officer, agent, servant ar employee of the Ciiy. Company shall have exclusi�e
control of and the exclusive right to control the detaiis of the war� or service to be
performed hereunder, and all persans performing same on bshalf of Company,
and shali be salefy respansible �or the ac#s and omissions of its officers, agents,
servants, employees, co�tractors, s�bco�trac#ors, � licensees and invitees. The
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doctrine of respondei�t superior shall not apply as between the City a�1d
� Company, its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein sha11 be construed as creating a partnership
or joint venture between the parties hereto.
In witness whereof, the� ties hereto have executed this Contract on
the � day of �--://.��l� ___ , 20D—?
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AT EST: , - �
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� ��w�
loria Pe�son, City Secr�tary
APPROVED AS TO FORM
AND LEGALITY
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Assistant Cit Attorney
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ATTEST:
Corparate Secretaly
CITY,�F FORT�WI�)RTH
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B� ��_ .
Libby �at�on
Assistant City Manager
—� „
_ � _ - r_; ;_ -
Contr�cfi P�,���������,�n
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b8$� — �. , � --- -
Ja�nes Revnolds individually
owned and dba Normans
Wreeker Service
(Company Name)
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. B� _ � ,, �. �
J�fn� R�ynolds, Ow er
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. �. . . � �XHIBYT A
AUTa Pa�nvn
Th� £o17.awing ruies and regul.ations will be Fo�].owed by all wrecker campanies
upon arrival at the auto pound.
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I. The gat�e will not be blocked by wreck�rs waiting to entex or exit
the pound. � •
2. No more than two�{2} rareckers sha�.l be authorized in the front area,
�or inventory purpases, at any ane time.
3. No wrecker shall enter the paund wa.th more than one (1) person/opera-
tar, unless auChor3zed by th� on duty shif� supervi.sor. This will be
done on a case by case bases.
4. Fnr safety reasons, a car carrier shall be xequi•red to off laad the�.r
cargo when passibZe. This sha1X be dete�ined�by�the on duty super-
v,isoz.
5. Inventnri.es shoul.d be handled a.n an expeditious mannez whe,n possible.
Hawever, pound personnel. are requi�ed to do a complete and precise
�Lnventory of a12 praperty and vehicles. A�specific time frame wou�d
be impossibl� ta instieute.
b. Wrecker drivers sha1J. r►ot be a�lowed to dri.ve up�and dawn ehe zows,
looking for vehicles to reposses for campani.es said wreckers represent.
7. The use of car carrzers, dollies, extra time, extra equi�ment, etc.,
� sha�.J. be sub�ect to approval by rhe Wrecker ad�inisrrator or Pound sup-
ervisar.
8. Wrecicer operators/owners sha11 be required to follow any directions ox
a,nstructions given by suto pound personne�..
9. Vi,olatians of any of the above rules shall 6e subject to review �y the
Wxecker administraror.
Da.sciplinary action may be determined by the pound supervisor or a higher
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.command level.
C`iiy o,�.�o� �'o��l�, 7'exacs
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DAT� R�FER�NCE NUMBER l�OG NAME PA�E
1 D1161Q1 �09477 � OOQ1 �03'f 6 1 of 2
— suB��cT -- AUTHORlZATION DF CONTRACTS FOR NON-CONS�NT TOWING OF WRECKED
� OR A�ANDONED VEHjCLES FROM MULTIPLE VENDORS REQUIRED BY CiTY
ORDINANCE NO. '12924 FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Cou�cil: -
'f . Authorize contracts for non-consent towing of wrecked or� a�andoned vehicles #rom multiple vendors
as required by City Ordinance No. 12924 (see attachmen# "A" for a list af current vendors); and
2. Authorize the contracts to begin October �6, 2001, and expire Octo�er 15, 2002, with options to
renew for four successive on�-year periads.
D15CUSSiON:
Cify Ordinance No. 12924 reg�lates non-conse�t towing withi� tf�e City requiring companies desirjng fo
pertorm non-consent towing far the Police Department to execute a contract with fhe Gity,
There �re three types o� contracts: those for standard tow trucks, tilt bedlroElbac� tow tr�cf�s, and
tandem tow trucks. Participating wrecker companies are licensed under Article V, Wreckers, of CF�apter
34, Vehicles fior Hire, of the Code of the City of Fort Worth. The fees for services to be provided and
assignment to ane of four zones are the same as corttained in the ordinance. The estimated
expenditure for these services is $1,100,000 per year.
Contracts will be executed with any vendor desiring to perform non-consent tow{ng that meets the
contract requirements such as fowing operations being a vendors primary business, equipment
specifications, insurance, and a local licensed storage facility.
BID TABULATIDN - See attached '"Service Fee Schedule".
MIWBE - A waiver of the goa) for MIWBE subcontracting requiremen�s ►rvas requested by the
Purchas9ng Divis9on and appraved by the MIWBE Office because t1�e purchase of services 9s from
sourc�s where subcon�racting or supplier opporkunities are negligible.
R�N�WAL OPTIONS - These contracts may �e renewed for up to four successive one-year terms at
the City'� option. This action �does nat require specific City Council approval, provided that the City
Council has appropriated sufficient funds to satisfy the C9ty's a�ligations during the renewal term.
������Qa �C��O��D
���� ��������
��a � =�C�'�G�� ���a
�C'iiy of Fo�t i�or�th, T�e�cas
����r ��r� �,��r��t �,�mrr�u�������
DATE REF�R�NCE NLJMBER LOG NAME PAG�
10116/0'f 1��94�i � 0001-03� 6 r 2 of 2
suB��eT AUTHORIZATiON O� CONTRACTS FOR NON-CONSENT TOWfNG 4F WRECKED
�R ABANDONED VEH�GLES FROM MU�TIPL.E VENDORS REQUIRED BY CITY
ORDfNANCE NO. 12924 F�R THE POLICE DEPARTMENT
FISCAL INF�RMATIflNIGERTIFICATlON:
The Fina�ce Directar certifias that �unds are available ir� th� current operating b�dget, as a�propriated,
of the General Fund.
CB:n
BQN/01-03'161KDK
�„1,
5ubmitted for Cliy Manager's I FUND I ACCOUI�T I
Qf�ce bY� � ��0�
�
�harles $osr�rell 851 t
Orlginatiag Depattment Head:
7im Keyes 8517 � (from)
Add"[tiouai Informaf�on Contacta
� Rabert Combs 8357 �
�
CE[rITER � r�lYIOilN'I` C[TY SECRET'ARY
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_ �CT 23 �a�l
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j Ci4y 5ecretarq oF the
I f'ity af F�rt 1Fddrth, Texas