HomeMy WebLinkAboutContract 27411r
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CONTRACT FOR TOW TRUCK SERVICE
(TYLT BEDIROLL BACK)
WHEREAS, the City of For� Worth occasionally requires th� s�rvice of
tow trucks; and
VVHEREAS, such tow truck services are necessary to protect the safety
of the citizen� of the Ci�y of Fori Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein
by and through Lzbby Watson, its duly authorized Assistant City Manager,
and James Reynolds Individuall� owned dba No:r�mans Wrecicer Service
hereinaffer referred to as "Company", acting herein by and through James
Revnolds, its duly authorized Ou�tler1 ag�ree a� %llows:
1.
SERVIGES
City hereby eont�acts �vith Company to provide police pull towing
service. As used herein, "police pull" shall mean that the Fort Worth Police
Department has called Company from the ratation 1�st to either remave a
; wrecked or disabled vehicle or to remave a vehicle in a safe driving condition,
but the oumer is not present, able or permitt�d io driv� or to malce
authorizations.
2.
TERM
The term of this con�ract shall be �or a period of twelve { 12} months
from the date of it,s execution, �vith four options to renew for terms of one year
each, unless earlier terminaied as hereinafter provzded. Renewal shall occur
upon City including in its budget for the options years suff cient funds io pay
for its obligations hereunder and Company providing pxoa� of insurance to
City.
3.
COMPENSATION
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1. Com�ensation. As compensation for providing ihe services
contemplated by �hi� Con�ract, City agrees to pay Company as follows:
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a) Towac�e. A cl�arge of eighty-five dollars ($8�.00) for towing such v��icie fram
• one pai�t on a street ta another locatio� withir� th� corporate limits of the city
as directed. by ihe po,li�e officer at tF�e place where the taw originated; such
char�e includes ane hour of Extra Work. �n fhe event Campany respor�ds to
the sc�ne of a�police pu![ with a tilt bed/roll back truck when the pofice puil
could have been accompiished wiih a standard iow truck, Compar�y s�all be
�ntitled to th� reduced charge of sixty-fi�e dollars {$65.00).
b} Second tow vehic�e. In the event the po[ice officer at fh'e scene tietermin�s
that a standard tow ��hicle is required in addi�ior� to the ti[t bad/rofl back
truck, a charge of fifty ($50.00) per hour, wit� a mi�t�mum charge of one haur,
bilEed �in incremerits af tifteen (15} minutes while at #he scene of the police
pull. The �se of a s�cand tow trucK shall be appro�ed by a police supervisor.
Travel time is excl��ed.
cy Extra wor�c. An additional charge of fifky dol[ars ($5a.0a) per haur, with a
minimum cF�arge of one h�ur, charged in increments o� fifteen (�5} minutes,
. for removir�g vehicles which are off the sireet righi-af-way, such c�arge to be
made fram the time the operator begins to rerr�ove th� ve�icle until it is�on the
tra�eled Portion oi the street. Even tho�gh the vehic[e is within the s#reet
right-of-way, ar� additional charge may be made if the vehicle is located in
some unusuaf cond�tion within #he right-af-way, such as, but not limiied to, a
river or a creek bed or a ditcl� of great�r depth ti�an ihe ordinary bar ditch.
Extra worlc shall anly be allowed when authorized by a pofice officer at the
scene of the pul�. Tha charges for such extra worK sF�all be reviewed and
� appro�ed by the Auto Pound WreeKer Administratar. E�ctra workc excludes
travel time, waiting time, and clean-up time.
d} Handlinq hazarc�ous maferia[s.. Whe� the car�o of any.motor vehicle or
trailer. inefudes expiosive, r�uclear, radiaac#ive, hazatdous or corrosive
materiais, as defined by th� Environmental Prot�ction Agency, Texas
' Department of Transpor#ation, or the Texas Naturaf R�source Conservation
Commissio�, a fee equa! to a�e hundred-fifty (150} perceni af the charges
permitted under su�paragraph "a" abave. {n addition, a charge may be made
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for expenses incurred related to protective clotY�ing and any other supp�ies or
equipmeni used in handling such ma#eriats, such ct�arge being ec�uaf #a the
act�ai amounts incurred plus fifteen (15) percent.
e) Nathing contained F�erein shall be construed so as to obligate City #o exp�nd
any s�ms of money except for work act�al[y performed. Furfiher, nothi�g
coniained herein shall be canstrued sa as ta guararitee tf�at Cify will contact
Campany #or any towir�g service contemplaied by #his Contraci.
2. Invoicinq and Pavment. Campany shall lt��oic� City once per manth.
Com�any shall incl�de with the invoice sucY� dacuments as may be reasonably
reques�ed fo pravide evic4ence of the servic�s pravid�d fo the City, which ai a
minimum shall i�clude copies of the wrecker s�Iectio� form signeci by the affic�;r
at th� scene of the police pul( and/or personnei at ihe Fort Worth Auta Pound.
Such �nvoice sha11 be subj�ct to t�e review and approval �f appropriate Cify
persanneL City shall remit �ayment ta Campany no� more ti�an t3�irty (30j days
following apprava! of invoice.
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VEHICL� AND EQU�PMENT REQUIREMENTS
Gompany shall maintain at al! times th� fofJowing �ehicles anc� eq�tipment
in working condition:
a) A minimum of on� (1) tilt bed/roll back dua[ rear whee! wrecker rated at not
less than 14,000 po�nds gross vehicfe weight.
b) At a minimum, aIl wr�ckers shall E�e equipped with the folEowing equipment,
which at all times shall be mainta�ned in worki�g order:
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4)
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7)
Taw �ar
Towing lights
Emergency av�rF�ead warnmg lights �red or am6�r colar only}
Safety chain
�'ire exfinguisher, A.B.C. Type
W�ecking bar
Broom
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Ax
Sf�avel
Ref[ectars o.r-traffic�cones
Trash�con#ainer
Twa way voice aT computer cammunication b�tween tow tr�ck and
Company di�s,patch�r �
13� �ac�Cing warning sigr�ais �
14) Wheel chocks
15� Traffic cones
c) EacY� �ow tr�ck sf�a�f .ha�e permaneni(y- inscribed or� eacFi side of the �ehicle,
in letters o� not less than thre� (3} inches in hei�h#, the name, address and
telephnne number of the company. Magnetic or other forms of r�movable signs
are prohibited. �
dj Each #ow truck ahci the required equipment shalf b� inspected by the Chief af
Police or his autharized c�esignee Prior to being used for services contemplated
by tf�is contrac#. In additior�, each �ow truck and the req�irec� equipment shall be
subj�ct to inte�rnittent inspection to assure compliance wit� this contract.
5. �
l�1SURARlCE REQUIREMENTS
Company shall maintai� insurance of ihe follawing types and amounts from
insu�ers acce�table to the City:
5.1
Comme�cial Generaf Liabiti#y
$500,��0 each occurrence
$500,OOa aggregate
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or
Garage Liability
�500,000 each accident, ather tl�an auto
$500,000 aggregate
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5.2 ��atomobile Liahility � -
$5QQ,000 each acci�lent, combined single limit
This cov�rage shall include ali �ehicies owned or non-owned #haf
are o��rating under Company's ope�ating atsthority.
5.3 CargolOn�Hoo{�
$30,OOa per unit
Co�erage s�ali � include both #he unit �eing towed and its contents.
Un�ts covered shal! incluc�e but not be [imited to mator vehicles,
trailers a�d boats. Coverage shall _be v�atten on a direct primary
E�asis.
5.4
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Co�erage shall-meet th� minimum requirem�t�ts ot state Saw as con-
tained in ihe Motor Carrier R�Yes and Regulatiar�s. �
5.6 Currer�t insurance certificates sha�l remain on file wi�h the City dur�ng the
term of this Contract. lnsurance coverages may, at fhe sole ciiscretiQn of the City,
be revised upward upon thit-ty (30) days prior written notice to Company. Poticies
shali be.endorsed as follows:
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� tn include a watver of subrogation in #a�ar of tY�e City.
5.7 fn tf�e event a state or federal law, r�a�e ar regulation pertaining to wrecker
service campanies aperating with�n the State of Texas exceed insurance
req�irements s�ecified herein, suc� state ar fed�ral la�r, rufe or regulation sha1E
pr�vail for the r�spective type of insurance ca�erag� and/or. limit thereof.
CARAGEKE�P�R'S LIA�#1�ITY
� �$3�,000 per unit
Worker`s CompensationlJ�ccidenf Ins�rance
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exce�� for employe�'s liab�lity; and
fo provide the City with a minimum of thirty (30) days notice of
cancellatian, non-payment of premium, or non-renewal;
t� cover the City as an addit�onal insured on liability insurance policies;
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DUTiES AND RESPONSIBIL�TIES OF C�MPANY
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Company, during the �erm��of this contract, shal[ perfarm the following duties
and have ti�e follawing res�onsibiiiii�s:
a) Mainiain as its �rimary business ihe towi�g of �ehicies ar trailers by
wrecK�rs meetir�g the requirements af paragraphs 4(a} a�d 4(b} above.
"Primary business" sha!! mean that Company receives mor� than fifty per-
cent (5a%) of it gross revenues from the fowing of vehic[es and traifers. A[I
of company's records shall be open to r�asonable irispection, bath at the
time of executian of this agreement and at any time dur�ng th� term hereof,
to verify compliance with this condition.
b} Maintain a currentfy �icens�d vehicle storage faciliiy Iocafed w�thin th�
corporate limits of the Ciiy. "Vehicie starage faciiity° shall mean a faciliiy
operated by a person under Articfe 6687-9a, ftevised Siatutes.
c} Maintain business c�p�ration tw�nty-four (24) ha�rs a day, s�ven days per
week.
d) Respand to al[ calls cantemplated by th�s contract within thiriy (30} minut�s
of noiification, exce�t in extrao�dinary sif�ations where delay is caUsed #�y
ice, snow, or other weather reiated cor�ditions. In fhe event Company fails to
�-esPond as required, City may natify anotY��r wrecker company and
Company shall nnt be entitled to tfi�e compensatiort to which it wauld have
been entiiled had it arrived timely.
e} Notifiy t�e City of any change c�f ownership, president or chief executi�e
officer, or change of address with�n five (5) business days of any such
c�ange.
#) Deliver the motor vehicle being towed t� the locatio� within the carporate
limits of Ci#y ciesignated �iy the pofice officer at the scene a� the pull.
Delivery shall be mac#e withaut delay or detour.
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g) Fully cooperate with at�y investigatia� conduct�d by the City regardin�
complaints a�ainst Company, whether or not such camplair�ts arise o�t of
serriices contemplated by this Contract.
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h) Sha11 not,become delinquent in tt�e paymenf°of.any taxes ciue to City.
i} Sha[I nat go tfl any accident scet�e unless �he Company has been called to
the scene by the:�own�r or opera�ar o� a vehicfe o� an authorized
representative of same, or by the City.
j) Shali not solicit any wrecl��r i�usiness within the cor�arate limits of City at
the scene of a wrecked or disabled �ehicfe, regardfess of whether the
soiicitation is for the purpose of soliciting the bus9ness of towing, repairing,
wrecking, sto�ing, trading, or purchasing the vef�icle.
k� 5ha11 or�ly em�fay drivers of tnw tritcks authorized #o operat� same.
I) Provide the PoEice Pou�d persanr�el with an invc�ice at the time ihe veY�icie
is de2ivered ta the Auto Paun� together with the signed wrecker selectian
form to be prov�d�d.
7.
TERMINATION AND SUSPENSION
A. This contract may be #erminated or suspended by #h� City far any of the
following ca�ses:
1. Violatron of any term or conciition specified in this contraci. �
2. Failure to notify t�e Communications DivisEon of the Police Depar�ment
with�n fif�een (� 5) minutes from ihe t�m� of natEficatian� if the Company
will be unable ta r�spo�d within the thir#y {30) minutes allotted for a
response to a wrecker cail.
3. Permitting a tow truck to be operaied i�y anyone whi�e under th�;
influence o# afcohol ar�dlar dnags.
�. Permitting a tow truc�C to be operat�d by anyone whose operato�'s
license is s�spended.
5. Transferring or assigning any call far servic� to any ather company
6. Any sustain�d complaint of theft by personnel of Company while act�ng'
in their capacity as employees of Cornpany, wh�ther accurring during a
' poEice pull a� oth�rwise.
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7. Any sustained complaint of threats mad� by personn�l nf the Company
wh��e acting in tl�eit' capacity as emp(oy�es of Campany�made against
third }�arties ciuring a p�lice pull or othcrwise.
8. Failing ta comply wi#h al[ directions oi police personnel at f�� scen� of a
police pul[ or civilian ar pofice personnel at the Police Auto Pound.
Campany may requesf a po{ice supetvisor to vafidate any sucF� dir�ction ��
gi�en.
9. Failure ta camply with any state ar federai law or city ordinance relatecf
to the operatian of a wrecker company.
10. Five (5) �aasses within a thirty (30} day per�dd. Pass in this paragrapf�
sha[I mean Com�any failing ta notify the City of its inability #o respond to
a request for service as required by paragraph 2 above.
j 1. Ten (10) passes within a thir#y (30) day �eriod. Pass in this paragraph
sha![ inean a Company natifying th� City 'of its inabiliry to respond to a
requast far service as r�quired by paragraph 2 above.
12. Vioiaiion �of any rute ar regt�lation contained in Exhibit "A" attachad
hereto. -
� B. City shall notify Company in writing of its inter�t to terminate ar suspend far
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� cause twen#y (20) days prior to such suspertsion ar termination. Company shall
�ave #he right to request a hearing befare the Chief of Palic� or his designee
regarding the intent to terminate or suspencf for cause by requestir�g a hearing in
writing within five (5) business days after receipt of notice o� intent to termit�ate ar
suspend. A hearing shall be conduct�d within fifte�n (15} days o� the request for
hearing. The Gity, in its sole discretion, may temporarily suspend this contract
du�ing any appeafs pracess.
C. In tF�e event this contract is susp�nded for cause, the suspensian sha�l be
for a period of time of nat less thar� six �6} months nar more than twelve (12)
months.
" D. In the event City suspends or terminaies #his contraet for cause, and th�
cause for such suspension ar termination i� c�etermined to be invafid, Campany's
soie remedy shaif 6e reinstatement of this contract. Company expressly wai�es
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any and a�! rights to monetary damages, including but not limited ta acival and
punitiv� damages, court easts and attomey's f�es.
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I�IOEMN(FfCATI�N
With regard ta any liability which mignt arise hereunder, City and Customer
agree that they shall b� solely and exciusive{y liable for the negfig�nce of its own
agents, servants, st�bconiractors and employ�es and thai neither party shail look
to the ot�ar party #o save or hold it harmless fort he cansequences of arty
n�gligence an the �art of one of its own agent, servant, subconiractor or
employee. Nothing conta�ned h�rein shal[ be constnte�i #o be a waiver by City of
any right of protection which it enjoys unc#�r applicable State ar Federal law,
9.
ASSiGNMENT
Company shall not assign, #rans#er or subiet this Contract or any po�iion
hereaf ta any party without the �r�or writteri cat�sen# of City which sha�l not be
unreasanaE�ly withheld. f�ny such assignment, transfer or su'�tetting of #his
Contract shaff be void and shall operate as a termirtation hereof.
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` 8.
ZONES AND ROTAT[4N LIST
A. City sha11 divid� ti�e city inio four (4) zones which sha11 correspond to the
four �4) pa#roi iiivisions. Company shali E�e assigned to the �one or' an adjacent
zone i� which it maintains its principai place of business.
B. Ciiy shalE create a rotatian list witfi�in each of the fot�r (4) zon�s that will
dictate the order in which wrecker companies are contacted.
C. City may request Company to car�duct a police puil witE�in any zane, and
Company �grees to use its b�st efforts to arrive at the scene of t�e police pull
within thirty (30) minutes.
11.
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If�DEPENDENT CaNTRACTOR
!t is understoc�d ar�d agreed by t�e par�ies heretv that Company shall
petform al! warEc and seEvices here�nder as an indep�ndent cvntractar, and nnt as
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} an oificer, agent, servant or employee of the City. Company shall have
� exclusiv� control of and the exclusive right to control the details of the work
or service to be per�ormed hereunder, and a11 persons performing same on
behalf of Company, and shall be solely responsible for the acts and omissions
of its off c�rs, ag�nts, servanis, employees, contracto�rs, subcontractors,
licensees, and invitees. The doctrine o� respondent superior sha11 not apply as
between the City and Cornpany, its officers, agents, servants, employees,
contractors and subcontractors, and nothing h�r�in shall be constrtied as
creating a partnership or joint venh.ue between the parties hereto.
Tn witness whereof, the arties hereto have executed this Contract on
� the _���� day of ���r � , 20�. _
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A ST: � �
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_ c./C.iV"'►p- L
loria Pear Qn, City Secretary
� APPROVED AS TO FORM
� AND LEGALITY
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CITY !�� FORT V j�QRTH
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ibby tson
A�sistant City Manager
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Con�r�et �u�1�o�i����on
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7ames Revnolds �ndividually
owned and dba Normans
wrecicer service
Assistant City Attorney
ATTEST:
Corporate Secretary
(Coinpany Name)
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Jar��Reynolds, Ov�n r
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AUTO POUND
The fo].�owi.ng z�ules anfl �egdlations wilZ 6e followed by a�l wrecker campanies
upon arrival at the auto pound.
1. ".Che gate will not be blocked by wxeckers waiting to en�er or exir
Che pound, •
2. No more Chan twa (2) wreckers shall be authori.zed in the Eront area,
for �nventory purpos�s, at any one time. �
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3. No w�rec�er shall enter th� pound wi�h more than one (1) p pera—
Cor, unless author�zed by Che�on dut� shi�t supeXvi.sor. This wi11�6e
done on a case Uy case'•bases.
4. For safety�r�asons, a�car carri.ez sha�.J. be required en off load Cheir
cargo wi�ea gossiti�.e. Tliis. shall be determined 'by the on duty super--
visor.
5. Zz�veAtories �should be handled. in ar� expedi�ious manner �rhen possxble:
Eiowever, poun,d persannal are required to do a complere and precise
inventory,of ail property and vehicles. A�sp�citic time Frame would
be imposs�.bl.e to institute.
6. Wrecker drivers sha11 not be allowed ta-drive up�and down the rows,
Iookirig fox veha.c]�es to reposses �o� compan.i.es said wreckers represent.
7. The use of cax carrie�rs-, dollies, extra time, extra equip�uent, etc.,
shall be subject to approval hy the �Irecicer adr�znistratnr or Pflund sup—
ervisor.
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8. Wrecker operarors/owners shall be requ�red to EoJ.1ow any directions or
instructions given by auto pound personne�.
9. Vialations of any of Che aba.re ru�es shall. t�e subject to review by the
wrecker administrator.
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Discip�ina�y action may be determined 6y the pound su�ervxsor or a higher
command ].evel.
��� of 1�o�t Wort�i9 �'e�cas
_ �1�'�� A11� �,�1�11�� �,�Ii��I1"���#��11
DATE REFERENC� NUM�ER LOG NAM� PAG�
_ �o«sro� ��94�i � aao�-o��s � ot2
SUBJECT AUTHOR�ZATION OF CONTRACTS F�R N�N-CONSENT TOWING OF WRECK�D
OR ABANDONED VEHICLES FRQM MULTIPLE VEN�ORS REQUIRED BY CITY
ORDiNANCE N4. 'f 2924 FOR THE POLIGE DEPARTMENT
RECOMMENDAiION:
lt is recommended that the City Council:
1. Authorize contracts for non-consent towing af wrecked or abandoned vehicles from muttiple vendors
as required by City Ordinance No. 12924 (see a#�achment "A" for a list of current vendors); and
2. Authorize the contracts to begin Octaber 96, 2001, and expire October 15, 2002, with aptions �o
ren�w for four successive one�year perio�s.
DISCUSSIDN:
City Ordinance No. 12924 reg�lates non-consent �owing within the City requiring companies desiring to
perform nan-consent towing for the Police Department to execute a coniract with the City.
Yhere are three ty�es of contracts:. those far standard tow trucks, tilt bedlrollback taw trucks, and
tandem tnw trucks. Par�ic�pating wr�cker companies are licens�d under Artic{e V, Wreckers, of Chapter
34, Vehicles for Hire, of the Code of the City of �'art Wort�. The fees for services to be provided and
assignment to one of four zor�es are the same as contained in the ordinance. The estimat�d
expenditure for these services is $1,1 n0,QQ0 per year.
Contracts will be execute� with any vendor desiring fo perform non-cor�senfi towing tf�at meets the
contract re�uirements such as towing operations being a �endors primary business, equi�ment
specifications, insurance, and a local licensed storage facility.
BID TABULATiON - See attached "Service Fee Schedule".
MIU►/BE - A waiver of the goal for MIWBE subcontracfing requirements was requested by the
Purchasing Division and approved by the MIWBE Office because the pt�rchase of services is from
sou�ces where subcontracting or suppl9er opportunities are negligible.
R�NEWAL OPTIONS - These contracks may be renewed for up to four successive one-year terms at
the Gity's opt�on. ihis action �does not require specific City Council appro�al, provided tha# the City
Cour�cil has appropriated sufficien# funds to satisfy the City's obligations during the renewal term.
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DATE R�FERENC� NUMHER i..OG NAM� I'AGE
1419 610'� �.+��7� 0001-0316 2 of 2
suBJ�cT AUTHORIZATION �F CONTRACTS �OR NC]N-CQNSENT TOWfNG OF WRECKED
OR AgANDfJNED VEHfC�ES FROM MULTiPLE VEND�RS REQUfRED �Y CITY
ORDINANCE NO. 12924 FOR THE POLlCE DEPARTMENT
FISCAL INFORMATfO�lI�ERTIFICATI4N:
The Finance Director certifies t�at funds are avaiiable in the current aperating budget, as appropriated,
of the General Fund.
CB:n
BQN101-0316/KflK
Submitted for City Manager's
OSFice by:
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�harles 8oswell 8511
Qriginating Department Head:
Jim Keyes
Additinnal Information Contact:
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8517 � (from)
Rabert Combs 8357
ACC�UNT � C�NTER � AMDiJIlT I CITY S�CRETARY
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