HomeMy WebLinkAboutContract 27415� ���,r ��c� � ��? �/�
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CONTRACT FOR TOW TRUCK SERVICE
' {TILT BED/RQLL BACK}
WHEREAS, the City of Fart Worth occasionally requires the service of
tow trucics; and
WHEREAS, such tow truclf services are necessary to protect the safety
of the eitizens of the City of Fart Worth,
NOW, THEREFORE, KNOW ALL B� THE5E PRESENTS:
The City of Fort Worth, hereinafter referrcd to as "City", acting h�rein
by and through Libby Watson, its duly �.uthorized Assistant City Man�ger,
and Kevin M. Cain and Henx�an Garcia lndividuallv owned and dba Ea�le
Towin� and Recoverv, thereinaft�r referred to as "Company", acting herein by
and through Kevin M. Cain and Herman Garcia , zts duly authorized
OwnerS, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing
service. As used herein, "police pu11" sha11 mcan that the Fort Worth Police
.1 Department has called Company from the rotation list to either remave a
wrecl{ed or disabled vehicle or to remave a vehicle in a safe driving condition,
bui the owner is not present, able or permitted to drive ar to make
au�horizations.
2.
TTERM
The ierm of this contraci shall be for a period of twelve {12} months
fi om �he dafe of its execution, with four options to renew for tern�s of one year
each, unI�ss earlier terminated as hereinafter provided. Renewa� shall occur
upon City includzng in its budget for fhe optxons years su�ficient funds to pay
for its obligations hereunder and Company providing proof of insurance to
City.
3.
COMPENSATION
1. Compensation. As compensation far providing the services
; contemplated by this Contract, City agrees to pay Company as follows:
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a) Towaae. A charge of six#y-five doilars ($fi5.00) for tawing such vehacle fram
one �oint on a street ta another location within the corporate limits of the city
as direcied by the police department at the place where the tow originated;
such charge incl�des one haur of extra work.
�) Second taw truck. � In #he even# the palice officer at th� scer�e determines
that a second tow truck '[s required, a charge of fifty dollars ($50.00) per hourl
with a minimum charge of one hour, billed in increments of fifteen (�5)
minutes while at th-e scene of the police p�ll. The use. of a secand tow iruck
shall be approved by a police super�isor. Travel time is exc�uded.
c) Extra work. An additional charge of fifty dallars ($50A0) per hour, with a
minimum charge of one t�aur, charged in increments of fifteen (15) minutes,
for removir�g �ehicles which are off #he street right-of-way, such charge to be
made from the.time th� operator�begins to remo�e th� �ehicle unti! �t is on th�
traveEed por�ion of the sireet. Even thaugh the vehicie is within tf�e street
right-of-way, an additionai charge may be made if the vehicle is focated in
some unusual candition within the right-ofi-way, such as, but not limited to, a
r�ve� or a creek bed or a ditch of greater depth than the ordinary bar ditci�.
Extra work shail oniy �e allawed when autharized by a police officer at #he
scene of th� pull. The charges far such extra work sha11 be reviewed and
approved by the Auto Pound Wrecker Administrator. Extra work excludes
travel time, waiting time and clean-up time.
d) Use of a dollv. No additianai fe� shall be charged for the use of a dolly:
e) Handl�nq hazardous materials. When the cargo of any motor vehicle or
trailer includes ex�[osive, nuclear, radioacti��, fi�azardous or corrosive
materials, as defined by ihe Enviranmental Protection Agancy, Texas
Department of Transportation, or the Texas Nat�ral Resource Conservatior�
Commissian, a#ee equal fo one hundred-fifty (150) percent of the charges
r�vhich may E�e assess�d pursuant to subparagraph "a" above. !n addition, a
char�e may be made for expenses incurr�d related to protective clo#hing and
� any atk�er s�pplies ar equipment used in handling such materiaEs, such
charge being equal ta the actual amounts incurr�d pl�s fifteen (15) p�rcent.
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f} Nothing contained herein sha11 be construed so as to obligate City to ex�end
any s�ams of money. Further, nothin� cantained �er�in shall be constru�d so
as to guaran#ee to � Company that City will contact Compa�ty for any towing
senric�s contem.plated by this Contract.
2. Invoicinc� and Pavment. Company shall Invoice City ance per month.
Company sY�all include,with the invoice sucn documents as may:be reasonably
requested to pra�ide evidence ofi the services providecf to th� City, which at a
minimurn shall include copies af the wrecker selection fo�m signed by t�e officer
at the scene of t�e pofice pull ar�dlor personnel at the Fort Worth Auta Pourid.
Such i�voice shall be subject to th� review and ap,provai of appropriate City
p�rsonnel. City st�all remit paym�nt to Campany no# more than thirty (30} days
fallowing approval af invoice.
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VEHICLE AN❑ EQUIPMENT REQUIREMENTS
Company shall maintain at all times the fallowing �ehicles and equipment
in working cnndition:
a) A minimum of two �2} wreckers, one of wnieh shall be not less than 14,OQQ
pourtds gross vehicle weight and one of which s�a�l �e not less than �! 0,��0
pounds gross vehicle we[ght, dual rear wneels, equipped with a hydraulic
operated winch, winch lines, and a boom rated at not less than 8,000 pound
lift capacity and a wheel lift device rated at not less than 2,5�0 paunds.
b) At a minimum, a11 wreckers sha11 be equipped with the fo�fowing equi�ment,
w�ich at ali times sha{1 E�e maintained in working order:
1}
2}
3)
4}
5)
fi)
7}
5
Tow 6ar
Towing �ights
Emergency overheaci warning lights {red or amber color or�ly)
Safety chain
Fire ext�nguisher, A.B.C. Type
Wrecking bar
Broom
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, � , • , .
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9)
10)
ii)
j2}
Ax �
Shovel
R�flectors or traffic cones
Trash cor�tainer
Two way voic� or computer communication between tow truck
a�d Cornpany dispateher .
13) Backing warning s9gnal
14) Wheel ct�acks
c) Eac� taw truck shail have permanentiy inscribed on each side of the vehicle,
in Ietters af not �ess tY�an three (3) inch�s in Y�ei�l-�� the name, address and
telephone number of the company. Mac�netic or other forms of removab[e signs
are prohibited.
d} Each tow truck and the required equipment shall be inspected by the C�ief of
Po[ice or his at�thorized designee priar to being used far services contemplateci
by this coniract. ln a�iditian, each tow #ruck ar�d the r�quired equipment shall be
subject to iniermittent inspection to assure comPliance with�#his contract.
�.
INSURANGE REQUIREMENTS
Company shall ma�n#ain insurance from insurers acceptable to Ci�y of the
followir�g types and amounts:
5.� Commerc�a[ General �iability
$5fl0,OQ0 each occ�rrenee
$500,000 aggr�gate
or
5.2
,
This co�erage shall incluc#e all �ehicles owned or r�on-owned that
are operating under Company's operating authority.
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Garage Liability
$500,000 each accident, other than auto
$500,000 a�gregai�
Auiomobile [..iability
$500,000 each accident, cambined singEe limit
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5.3 CargolOn-Hook
$3D,000 per unit
Coverage shall include both the uni� being towed and its contenfis.
Units covered shal� include but not be limi#ed to motor v�hicles,
trailers an'd boats. Co�erage shall be written an a direct primary
- basis. ,
1� 5.�4 GARAC�iCEEP�R'S l��A�1�17�Y
��a,0�0 per unit
5.5 Worker's Campensation/Accident Insurance
Coverage shal� meet the minimum require�°nents of state law as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Gurrent insurance certificates shall remain on file with the City during the
term of this Contract. Insurance coverag�s may, ai the sole discretion of the City,
b� revised upward upon thirty {30) days priar written notice to Corrmpany. Policies
shalf be endors�d as fo[lows:
• to provide fhe C�ty with a minimum of thirty (3D) days notic� of
cancelfatiori, non-payment of premium, or non-renewal; �
� to eover the City as an additionai insured on liabi�iiy insurance po�icies,
exes�t for emp[oyer's fiabifity; and
• to include a waiver af subrogation in favor of the City.
5.7 In the event a state or federai law, rule or regulation pertaining to wrecker
service campani�s aperaiing � within the State of Texas exceed insurahce
requ�rements specifisd herein, such state or federal law, rule ar regulation shal�
pre�ail for the resp�ctive iype ofi insurance co�erage and/ar limit thereof.
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DUTiES AND RESPONSEBILITEES OF' C�MPANY
Company, during the term of ihis contract, shall perform the following du�ies
,
and �a�e t1�� foUaw�ng responsi�i[ities:
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.. a} Mairttain as its prirnary business t�e towing of v�hicles or tra�lers by wreckers
meeting the requiremen#s of paragraphs 4(a) and 4(bj above. "Primary ,
business" shall mean that Compariy recei�es mare than fifty per-cen� (50%) of
it gross revenues from the towing of vehicles and trailers. AIf of company's
records shal{ be oP�n to reasonable inspection, bc�th at th� t�me of execuiion of
this agreement and,at any time during the term hereof, to verEfy-campliance
with this candition. ,
b) IVlaintain a curr�ntly licensed �ehicle storage fac�lity located w�thin the corporate
l�mits ofi the City. "Vehic#e s#orage facility" shall mean a fac�lity operated by a
person licensed under Article 668�-9a, Revised Stat,Utes.
c) Maintain kausiness operation twenty-four (24} hours a day, sev�n days per
w�ek. �
d} R�spond to all.�alls contemplated by this contract within ihirty (3t7� minutes of
notification, except in exiraordinary situations where delay Es caused by ice,
snow or othe� weat�er relatecf conditions. In the event Compa�ty fails to
respond as required, Ciiy may notify anoth�r wrecker compa�y an� Company
shalC not be entitled ta the compensatian to w�ich it would have f�een entitled
had it arrive� timely.
e} Notify the City of any cFtange of ownership, president or cF�ief exeeutive officer,
or change of add�ess within five (5) lo�siness days of any suci� change.
f) Deliver #he motor vehicl� bei�g towed ta tF�e lacation w�thin th� corpora#e limits
of City desi�nated by if�� pofice officer at the scene of the pull. De�ivery shal�
be made without cielay or detour.
g) Fu1ly c�operate with any investigation conducted by the City regarding
complaints against Company, whether or no# such complaints arise out afi
serrricas con#�mplated by this Gontract.
h) Shall not become delinquent �n the payment nf any taxes due to City.
i} Shafl not go to any accident scene unless the Campany has been call�d to the
�
scene f�y the owner or operator of a vehtcl� or ar� a�thorized representativ� of
same, or by the City.
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j) ShalE not solicit any wr�cker busiriess within the corporate limits of City at ih�
scene of a wrecked or disabled vehicle, regardiess of whether the salic�tation is
for ihe purpose oi salici#ir�g #he business of towing, repairing, wrecking, storing,
trading, or purehasing the vehicle.
k) Shal[ only employ drivers of tow #rucks authorized to operate same.
l) Provide the Police Pound personnel with an invoice at tf�e time the vahicle is
delivered to the Auto Pound together wiih tF�� signed wrecker selection farm to
be provided. � �
7.
TERMINATION AND SUSPENSION
A. This contract may �e terminated ar suspended by City fio� any of the
folfowing causes:
�. VioEation of any term andlor conditian specified in this contrac#.
2. Fail�re to notify the Cammunicatior�s Division o# the Poiice D�pat�m�nt
within fifte�;n (15} minutes from the #ime of notifEcation if th� Com�any
will be �nable to raspond within fhe ihir�y {30) mir�utes .allotted for a
response to a call for wrecicer se�vice.
3. Permitting a tow truck to 6e operated by anyone while under tt�e
in#Euence of alcohal andlor drugs.
4. Permitt�ng a iow trucfc to be o�erated by anyorre whose operator's
license is suspended:
5. Transferring or assigning any ca1E for service to a�y other company
6, Any sustained complaint of theft by person�el of Cornpany wnile acting
in their capacity as employees of Company, whethar occurring during a
police pulf or otherwise.
7. Ar�y sus#ained compiaint of threats made by personnel of the Company
whife acting in their capacity as emplayees of Company made against
third parties during a palice puii or o#herwis�.
8. Failing io comp[y w�th all clirectians of polic� personnel at the scene of a
,
palice {�ull ar civifian em�loyee at the Police Pound. Company may
requesi a police su}aervisar to vaiidaie any such direction given.
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9. Fi�e {5) passes witf�in a thirty (3Q� day period. Pass in this paragraph
shal! mean Com�any failing to notify the City of its inabi�i#y to r.espond to
a reques# for service as requi�ed by paragraph 2 above.
1D.Ten (10� passes wi�hin a thirty (3d} c�ay period. Pass in this paragraph
shall mean a Company notifying the City of its inat�ility to respond to a
requ�st far service as required by paragra�n 2 above.
11. VioEaiion of any rule or regufation contained in Exhibit "A" attached
hereta.
� 2. Failure to comply with any stat� or federal law or city ordinance r�lated
to #he operation of a wreck�r campany. ��
B. City shall notify Company in writing of its intent to terminate or s�spend for
cause twe�ty (20) days prior ta such suspensior� or iermination. Company shall
have the right ta rec��est a hearing befare the Chief af Police or �is designee
r�garc�in� the �ntent to terminate or suspend for cause by requesiing a hea�ir�g in
writing wit}iin five (5} busin�ss ciays after receipt of notice af intent to terminate or
suspend. A hear��g shalE f�E condueteci within fifteen (�5) days of the request for
h�ar�ng. The City, in i�s sole� ciiscretion, may tempvrarily suspend this cantract
during any appeals prac�ss.
G. In tY�e event this caniract is suspended for cause, the suspension sE�ali be
far a period af time of not less than six (6j mant�s nor more than twelve {12)
mQnihs.
D. In the event City susper�ds or terminates this contract for cause, and #h�
cause for suc� suspension or terminatian is determined ta be inva{id, Company's
sole remedy shall be reinstatemer�t of this contract. Campany expressky waives
any and all rights to manetary clamages, including bu# not limited to actuaf and
punitive damages, cour� costs and attomey's fees.
8.
INDEMNIFiCATION
With regard to any liability which migMt arise f�ereunder, City and Customer
agree that they shalf be solely and exclusively liable for t�e negligence of its own
ag�nts, servants, subcontractors and em�loyees and t�at neither party shall look
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to the oiher party to save or hold it harmless fort he conseq�ences of any
negligence on the part af or�e of its awn agent, servant, s[tbcvn#racto� or
employee. Nothing contained herein shall be construed to be a waiver by City of
any rig�t of�pratection which it en�oys under a�p�ica�le State ar Federal faw.
4
�a
ASS{GNMEI�T
Company shall not assign, transfe� or �sublet this Contract or any portion
hereof fo any �arfy u�iithaut the prior written eonsent af City whict� shall not be
unreasar�ably withheld. Any such assi�nmen#, transfer or subi�tting af this
Contract wiihout #he cansent of tt�a Ciiy shall be �oj�d and shail operate as a
termination hereof.
10.
ZONES AND ROTATION LIST
A. City sha�l di�ide the city into fo�r (4) zones which shall carrespond to ihe
four {4) patro! di�isions. Gompany sf�al� be assigned fo the zone or an adjacent
zone in which it main#ains Eis principal p�ace of business.
B. City shalE create a rotation list witY�in each of tF�e four (4) zones that will
diciate fihe order in which wrecker companies are contacted.
C. City may request Gompany ta cor�duct a pof�ce pull within any zone, and
Com�any agrees to use its best efforts to arrive at the scene of the poiice tow
within thirty (30) minutes.
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INDEP�NDENT GONTRACTOR
It E5 understoad and agreed by the parties f��reto that Company shall
perform all work and services h�:reunder as an indepe��ent contracior, and not as
an of�icer, ager�t, servant or �mployee of the City. Campany sha11 have exelusive
control of an� the exclusiv� right to control the cletails of the work or ser�iee to be
per�ormed hereunder, and ali persans perfarming same on behalf of Company,
,
and shall be solefy responsibfe for the acts and amissions of its� afficers, agents,
servants, employees, contractars, subcontractars, [icensees and in�itees. T�e
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an off cer, agent, servant or employee of the City. Cornpany shall have
exclusiv� control of and ihe exclusive right to control the details of the work
or �ervice to be performed hereunder, and all persons perfortning same on
behalf of Company, and sha11 be solely responsible for the acts and omissions
of iis officers, agen#s, servants, employees, contractors, subcontractors,
licensees, and invitees. The doctrine of re�pondent superior sh�.11 not apply as
between the City and Company, its officers, agents, servants, employees,
cont�actors a�d subcontractors, and nothing herein sha11 be cons�rued as
ereating a partnership or joint �enture beiween the paxties hereto.
7n w1 ess whereof, the par ies hereio have exeeuted this Contract on
the ��.� day of -r�c�.�� , 20 ��
. � —
A �EST:
��
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G1oria Pe rson, City Secretary
APPRQVED A� TO FORM
AND LEGAL�TY
�
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Assistant City A�torney
CITY �D�F FORT WORT�
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B�, ,� � �
L,ibby �datson
Assistant City Manager
. _ . _ ' '.� _ ,
:on�r��t Rutho�i�ati�a
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ba�e
Kevin M. Cain and Herman
Garcia individuallv owned
and dba Ea�le Towin� and
Recovery
�Company Name}
ATTEST.
Corporate Secretary
By. � .� �� �
Ke�in Cai`�i, O er
i
B� �+ �
He an G rcia, Owner
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' � ' EXHIBIT A
AUTO POI�Nl7
The fol.lowing rules and regul.ation� wi11 be fol].owed by all wrecker co�upanies
upon arrival at tHe au�o pound.
�
1. The gate s,rill not be bl.ocked by wreckers waiting Ca enter or exzt
the pound. � �
2. No more khan two� (2) wreckexs sha11. be aut�tor�.zed in Che fronC area,
�or inventory purposes, at any on� time.
3. No wzecker shall enter the pound wi.th mare than one (�) person/opera-
tor, unless authorized hy the on duty shi�t supervisor. �his wi11 be
done on a case by case bases.
4. For safety�reasons, a car carrier shali be requixed ta off load their
cargo when passi6le. This sha�,1 be determined'by t�e on duty super-
V�SOx'.
5. Inventari.es should be handled a.n an expedirio�s manner when gassibZe.
However, pound gersonne� are required to da a comp�e�e arrd precise
inventory of all property and vehicles. A specific tima frame wouJ.d
be i�upossi.b�e to insrituke.
6. W�ecker drivers shall. not be allowed to drive up and. dawn the zows,
looking fQr vehicles to reposses for companies said wreckers represent.
7. The use of car carrie�s, dallzes, extra time, exCra equ�pment, etc.,
� shall be subject ta approval by the Wxecker administrato� or Pound sup-
ervisor.
F. WrecEcer operators/awners shall be required to follow any di.rections or
instructions given by auto paund personne�.
9. Vi.olations of any c�f th,e above rules sha�l be subjece eo review by the
Wrecker admini.sCrator.
Disciplinary actian may be detarmined by the pound supervisnr oz a hi.gher
command 1e�e1.
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C`it,y o, f `�'ort �o�th, T'exas
���� ��d ������ ���r��ni�����r�
DATE REFERENCE NUMBER LOG NAME PAGE
1011 �lo� Pe9477 0001 �0316 1 of 2
suB��cT AU i HORIZATION
OR ABANDONED
ORDINANCE NO.
RECQMMENDATiON:
�F' CONTFZACTS FOR N�N-CONSENT TOWING OF WRECKED
VEHICE.ES FR�M MULTIPLE VENDORS REQUIREC} BY ClTY
12924 FOR THE ��LICE DEPARTMENT
It is recomm�nded that the Ci#y Council: -
1. AutF�arize contracts for non-consent towing of wrecked or abandoned �ehicles from muftipEe vendors
as required by City Ordinance Na.12924 (s�e attachment "A" for a list of current ven�ors); and
2. Authorize the contracts to begin Ockober 16, 2001, and expire October 1�, 2aa�, with optians to
renew for four successive ane-year periods.
DISCUS510N:
City Ordinance No. '�2924 regulates non-consent towing wit}�in the City requiring companies desiring to
perfarm non-cons�nt #owing for the Police Departmer�t to execute a contract with the City.
There are three types of con�racts: those #or standard tvw trucl�s, tilt bedlrollback tow trucks, and
tandem tow truc}�s. Participating wrecker companies are licensed und�r A�ticle V, Wreckers, of Chapter
34, Vehicles for Hire, o# the Code of tF�e City of Forf Worth. The #ees for services to be provided and
assignment to one of four zones are the same as contair�ed in the ordi�ance. TF�e estimated
expenditure for t�ase services is $1,100,OD0 per year. ,
Contracts will be executed with any �endor desiring to perform non-cansent towing that meets the
contract requirements such as towing operatians being a vendors primary business, equiPment
specifications, insurance, and a local ficensed storage facifity.
B!D TABULAT�ON - 5ee attached "Service Fee Schedule".
MIWBE � A waiver of the goal fo�' MIWBE su�cantracting requirements was requested by ihe
Purchasing Divis�on and approved by the MIWBE Office because the purc�ase of services is f�om
sources where subcantracting or supplier opportunities are negligible,
REN�WA�. OPTiONS � These contracts may �e r�n�wed for up to four successive one-year terms at
the City's option. This action'dv�s not req�ire s�ecific City Council appro�al, pro�ided ihat the �ity
Counci{ F�as appropriated sufficient funds #o satisfy the City's obligatEons during the renewa[ term.
-,,
��f����Q� ���C��D
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�9 �� `���9 Y �YYP
�l� D�.�'Ol''�' �4Yt%2, �'G'�LA.►5
���� .�r�� �,��r��il �,����r�;����r�
DATE RE�'ER�NCE NUMEiER LOG NA1v1E PAGE
�ai�s�a� Po94�� I aao�-o��s 2 ot 2
sug.�ECT AUTHORIZATIDN O� CONTRACTS FOR NON-CONSE T TOWING O� WRECKED
4R ABANDQNED VENECL�S FROM MULTIPLE VENDORS REQUIRED BY CITY
ORDINANCE N�. 12924 FOR TNE POLICE DEPARTM�NT
FISCAL IN�ORMATIC?MICERTfF�C�TiON;
The �inance Directo�- certifies that funds are available i� the current operating budget, as appropriated,
of th� Ger�eral Fund. �
cg:r,
BQNl01-03161KDK
�
Submitted for City Manager's
O£�ice b�+:
Charles $aswell 851 �
Orig9nattng Aepartment Head:
Jim Keyes
Additioual Information Contact:
� FunD � acco�tir j
� {to}
�
85i7 � (frorn)
Robert Cotnbs 6357 �
CENTER I AML�i1NT
�
CITY 5ECRETARY
����d���
�iTY �OU�lCI�
acr 2� �oot
�'��� ����
City Secratary af the
C;ity af Fort Wqrt�,,'�'eXas