HomeMy WebLinkAboutContract 27422U ' ' ' i�'' ;'!i•_, ,� ' ;,�
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CONTRACT FOR TOW TRUCK SERVICE
{TILT BED/ROLL BACI�)
VVHEREAS, the City of Fort Worth occasionally requiares the service of
tow trucics; and
WHEREAS, such fow t��uck services are neeessary to proteci the safety
of the citizens of t�1e City of For� VL7orth,
NOW, THEREFORE, KNOW ALL BY THE5E PRESENTS:
T1�e City of Fort Wort11, he��einafter refei-red to as "�ity", acting herein
by and tl�ough Libby Watson, its duly authoriz�d Assistant City Manager,
and TP Mator Ltd, dba Fort Worth �Vrecicer� Service bv Mav's Rose Corn, it's
General Partner , ihereinafter referred to as "Company", acting herein l�y and
through Tuven C. N�uven , its duly authorized President, agree as
follows:
1.
SERVICES
City hereby contracts with Company to pro�ide police pull towii�g
service. As used 1lerei�l, "police pull" shall mean that the Foi-t Wor�h Police
�`' Departmenti has ealied Conzpany fronl the rotation Iist to either remove a
wreciced or disabled vehicle or to remove a vehicle in a safe driving condition,
but the owner is not present, able or pennitt�d to drive or fo malce
authorizations.
2.
TERM
The term of this contract shall be for a period of twelv� (12) n�oi�ths
fiom the date of its execution, with four optiiox�s to renew for terms of one year
each, unless earlicr terminaied as hereinaft�r provided. Renewal shall occur
upon City i�cludillg in its budget for the op�ions yeals sufficient fiinds to pay
fot- its obligations hereunder and Company providing prooi of insttrance to
City.
3.
COMPENSATIQN
1. Cnmpensation. As compensation for providing the services
� contemplated by this Contract, Gity agrees to pay Con�pany as follow��
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a} Towaae. A charge of eighty-five doilars ($85.00� for towin� such vet�icie trom
. one pamt on a sireet to another locaiion within the corporaf� limits of the city
as directed by fhe po,li�e officer at the place wh�re the taw ariginated; such
charge inc{udes flne F�our af Extra Wark. fn t�e event Cornpar�y responds to
the scene of a��ofice puli with a tilt #��d/rolE ba�lc truck wh�n tf�e police pull
could have been accom�[ished with a standarr� tow truck, Company shall �e
� entitled ta the reduced chafg� af sixiy-five dollars ($65.Da}.
b) Second tow �ehicle, In the event the pofice officer at th'e scene determir�es
that a standard tow veY�icle is requirec� in additi.fl�t to ihe tilt bed/ro11 back
truck, a charge of fifty �$50.00} per haur, with a mic�mum charge of one haur,
biiled ��n increments of fif�eei� (15} minutes while at the scene af the pofice
p�[I. The use of a secor�d tow #rucfc shall be appro�ed by a police st�pervisor.
Tra�el time is exc{uded.
c) Extra wot�c. An additional charge of fifty dollars ($5�.a0) per hour, �rvith a
minimum charge of one hour, chargecf in rncremer�ts of fifteer� (15) minutes,
#or remo�ing vehicles which are off the street rigf�t-of-way, sucY� charge to be
made from fhe firt�e the ap�:raior begins to remove th� vehicle uniii it is on the
traveled portion of the street. E�en thaugh the uehicle is with�in the street
rigF�t-of-way, an adciitiona! charge may be made if the vehic[e is lacated in
some unusual condition withit� the right-of-way, such as, but not iimited to, a
riv�r or a creek bed or a dEtch of greater depth than th� ordinary bar ditch.
Extra wor�c sl�a11 o�ly be allowed when autho�ized by a police officer at the
scene of the �ull. The charges fat' such extra work shali be reviewed and
ap}�roved by the Auto Pound Wrecfcer Administrator. Extra worft exc{udes
tra�el time, waifing time, and clean-up time.
d) Har�dlina hazardous materia[s. When the cargo of any motor vehicle ar
trail�r . includes explosive, nuciear, radioac#i�e, hazardous or corrosive
materials, as defin�d by tne Environmental Protection Agency, Texas
' Depariment af Transportat�on, or #h� T�xas �tat�ral Resource Gonser�a#ion
Commissian, a fee equal to one hundred-fifty (150} perc�nt of the charges
pe�mitted under subparag�aph "a" aba�e. In additian, a charge may be made
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for expenses incurred reiated ta protecti�� c�othing and any other supplies or
equipment used in handiing such materia�s, suct� charge being equal ta ti�e
actual amounts iricurred �lus fifteen (15) percent.
�) �!o#f�ing contained herein shall be construed so as ta obtigate City to ex��t�d
any surns of money except for work actually perfarmed. Further, nothing
cantained herEin sha{I be eansfrued so as to guarantee fhai City wifl contact
Company far any towing s�rvice contemplat�d �y thas Contract,
2. fnvoicinq ar�d Paym�r�t. Com�anv sf�af! Irnroice Citv once �er manfh.
Company shail include with the ir�voice such c�ocumertts as may be reasonably
requested to }�rovic{� evidence of the services provid�d to ihe City, which at a
minim�m shall incl�de copies af the wrecker seleciion form signed by the officer
at the sc�ne of th� police pul{ and/or persannel at the Fort Wort� Au�o Pound.
Such invoice sha11 be subject to the r�uiew and approva! of appropriate C�ty
personnel. City shall remit payment to Company not more than fhirty (3Q} days
fal�owing appraval of in�oice.
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VEHICLE AND EQUiPMENT REQUEREMENTS
Compar�y shall maintain at all times ttze following rreF�icies and equipm�nt
in working condition: �
a} A minimum of on� (i) tilt bedlroil back duaf rear whee! wrecker rated,at not
I�ss than �4,000 pounds gross v�hicle weight.
bj At a min�mum, all wreckers shail be equipp�d wit� the fallowing equiprnent,
whicE� at aq times sha11 be maintained in working order:
,
1)
2)
3)
4)
5}
s�
7�
Tow bar
Towing �i�nts
�mergency overhead waming lights (red or amber cofar anly}
5afety chain
F�re extinguisher, A.B.C. Ty�e
Wr�cking i�ar
Broom
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13) Backing warning sigr�ais
i 4) Wheef chocEcs
15) T�affiic cones
c) Eac� #ow fruck shal� .f�av� permanently� inscribed or� each side of t�e vehicle,
in I�tters of not less th�.n #t�ree (3} inches in h�ight, t�� name, address and
telephone number of the company. Magnet�c or ot�er �orms of remavabie signs
are �arohibited.
d} Each tow truck and the required equipment shai! be insp�cted by the Ghief of
Police or his au#horized designee �rior t� being used for services confemp�ated
by this contract. In addition, each #ow truck and tt�e required equipment shall be
su�ject to ir�termittent inspection to assure compliance with this contract.
. 5.
INSI�RANC� REQUIREMENTS
Company shall maintain insurance of the faliowing types ar�d amaunts from
insurers acce�table �o the Gity:
5.�
,
Comm�rcial General Liability
or
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t - . .. z :� -;'3 �;��.£L �� vt�� �;' g � � �. :$'�-a. R:£,�5� '.�
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S�o�ei
Reffectors o.r-traffic��cvnes
.:
Trash �coniainer
Two way vac� or computer communication l�etween tow iruc�t and
Com�any dispatche� �
$504,Q00 each occurrence
$500,(}(}0 aggregate
Garage Liability
$�OO,ODO each accident, other than a�ta
$50Q,000 aggregate
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5.2 Automobi[e Liahility � .
$500,D0,� each acci�len#, cambin�d single limii
This covera�e sha!! �nclude aIl vehicles owtted or no�-owned that
are operating �an�er Company`s aperating authority.
5.3 CargolOn-Hoo�C � .�
$30,Q00 per unit
Caverage shall � include both tne unit being tawed at�d its contents.
Units covereci sha�l incl�tde but nat be limit�d to motar �eY�icles,
trailers and boats. Coverage shal� .be rn�tten on a�irect primary
basis. �
5.4 GARAC�KEEP�R'S LIABILIYI(
� �$30,OQ0 per u�it
5.5 Wvr�ser`s Compensation(Accident lr�surance
Coverag� shal[�meet th� mir�imum requirements o� stat� law as con-
tained in the Motor Carrier Rules and Regula�ians.
5.f Curren# insura�c� certifica�es sha11 remairi on fife with the City during the
fetm of this Cor�#ract. Insurance coverages may, at the sole discretion of the City,
be re�isec# �pward upon t#�irt}r (30) days prior writien notice ta Campany. Policies
shall be,en�orsed as follows:
� to pravide the City w�tt� a minimUm of thirty (30} days natice of
eaneellation, non-payment af premium, or no�-ren�wal; �
� ta eaver the City as an additionaf insured on liability insurance pof9cies;
except for emp[oyer's IiaE�i[ity; and
,
� to incfude a waiver of subrogation in favar of the City.
�.7 In t�►e event a state or federa} law, ruie or regulatior� pertaining to wrecker �
senrice companies operat�ng within the State of Texas exceed insurance
rec�uirements s�ec�fied herein, such state or f�deral .law, rule or regulation shaU
prevail far the r�spective type of insurance co��rage andlor fimif thereof.
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C�
DLJTIES aND RESPONSfBIL[T(ES OF COMPANY
Company, during the ferm��of tl�is cantract, si�a11 perform the foflawing duti�s
and have the following responsibiiities:
a) Maintain as its primary business the t�wing of v�hicles ot trailers by
wreckers meeting the requirements of paragrap�s 4(a� ar�d 4(b) above.
"Primary business" shall m�an that Company reeei�es more than fifty per-
c�;nt (50%) vf it gross revenues from ihe towing af vehicles and trai[ers. A[I
of company's records shall be oper� to reasonable inspsction, both at t�e
time af execution of this agreement and at any tii�t�e during the term hereof,
to verify compfiance with this canditian,
b) Mair�tain a currentEy licensed vahicie storage facility located within the
corpora#e limits of the City. "VeY�icle storage facility" shalf inean a faciliiy
operated by a person under Article 6687-9a, Revised Statutes.
c} Main#ain business operation iwenty-faur (24) hours a day, sever� ciays per
week. �
d} Respand to afl calls contemplated by this contract within thirly (30} minut�s
of notificatio�r, �xcept in extraordir�ary situations where delay is caused by
ice, snaw, or oti�er weather related condi#ions. lr� the event Gompany �ails ta
respond as re�t�ired, C�ty may noiify another wrecker company and
Company shall not be entitled to the compensat�on to wnich it wou[d �have
been �ntit[ed had it arri�ed timely.
e) Notify tF�e City of any change of ownershi�, president �r chief ex�cutive
officer, or change of a�dress wiif�in five (5) busi�ess days af any such
change.
f} Deliver the motor vehicle be�ng iowed io the location within tn� corporat�
limifs of City designated by the pa[ice officer at thc� scene of tfi�e pu![.
Defivery shalf be made without deiay or detour.
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g) F�liy coaperate with any investigatio� conducted by the City regarding
camp[aints against Company, whether ar not such complaints arise out of
ser�ices contemplated by this Contract.
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h} Shall no# become detinquent 'sn tne payment'of.any taxes due to City. .
i) Sha11 not go to any accident scene unl�ss the�Company has been calEed to
the scene by tf�es�owner or operator of a vehicle or a� autt�orized . �
representative of same, ar by tY�e City.
j) SE�a[! not solicit ar�y wrecKer business with�n the corparate [imits of City a#
the scene of a wrecked or disabled veY�iele, regardless of whether tne
soliciiafion is for the purpase af soliciting the business of towing, rePairing,
wrecking, storir�g, trading, ar purchasing the vet�ic[e.
k) Shal[ only emPloy drivers o� taw trucks authorized to o�erat� same.
[} Provide the Palice Pound personnel witi� an invdice at th� time the vehicle
is �eliver�d to the A�to Pound togetE�er with the signed wrecker se�ection
form to k�� pro�ided.
7.
TERMINATION AND SUSPENSlON
A. TMis contract may be terminated or suspended by if�e City for any of the
foilowing causes:
i. Viofat�on of any term or condition specified in this contract.
2. Fai[ure io notify the Commun9catior�s Division of the Palice Department
witf�in fifteen (� 5� minutes from the time of noti�ication� if the Company
wi[I be unabEe to respond withi� the thirty (30) minutes alEotted for a
response ta a wrecKer ca[!. .
3. PerrriittEng a tow tr�cic to be operated by a�yone while under the
influence ofi afcohol and/or drugs.
4. Permitting a tflw truck ta be aperated by anyone wttose operato�'s
ficense is suspenc#ed.
5. Transferring or assigning any cap for service to any other camPany
8. Any sustained complaint af theft by personnel of Company while acting
in �heir capacity as emPEoyees of Company, whether occ�rring during a
' police pu![ or otherwise.
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7. Any sustained complaint of threats made by personnei of #he Company
while acting in their capacity as empfoyees of Company� made againsi
#h�rd parties ciurir�g a polic� pulf or atherwise. �
8. �ailing to camp�y wit� al! directions of police persannef at th� scene of a
poiice puf[ or ci�ilian or police personnel at the Pofice Auto Pound.
Compar�y may request a palice supervisar to validaie any such tiir�ction �
given.
9. Failure to comply with any state or federal law or ciiy ordinance reiated
tn the op�ration of a wrecker company.
10. Five (5) passes with�n a thirty (30) day peri�d. Pass in ihis paragraph
shall mean Company failing to notify the City of its inability to respond to
a request for servic� as required by �aragraph 2 abQve.
i 1. Ten (1 Q) passes wiihin a thirty {30) day pe�iod. Pass in this paragraph
shall m�an a Company notifying t�e C�ty of Ets inability to r�spand to a
request for service as requireci by paragraph 2 above.
�i2.Via�ation �of any rule or regulat�on contained in Exhibit "A" attaehed
hereto. . �
B. City sf�all natify Company in writing of its inter�t to termir�ate o� s�spend for
cause twe�iy {20� days prior to such suspension or terminatian. Com�any shalE
have the right to re�uest a hearing before tYie Chief of Police or his desi�n�ee
regardir�g the inten# ta termma#e or suspend far cause by requesting a hearing in
writing within five (5} busin�ss days af�er receipt of notice of inier�t to terminate or
suspend. A i�earing shafl be conduct�d within fifteen (15) days of tf�e requ�st far
hearing. The Cify, En its sole d�scretian, may te�porarly suspend this contract
dur�ing any appeais �rocess.
C. En t�e event this contr�ct is susp�ndeci for cause, the suspension shall be
far a period of time of not less than six (6) montt�s nor more tf�an tw�lve (12}
montf�s.
' D. fn the e�ent CEty suspends ar terminat�s thEs cantract far cause, and the
cause �or such suspension ar termination is deterrnined ta b� invalid, Campany's
sole remecly shaCl be reinstatemenf of this cantract. Company expressly waives �
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any ar�d alI rig�ts to monetary ciamages, including but not limiied to actual and
puniii�e damages, caurt costs and attomey's fees.
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1NDEMNIFICATION
With �e�ard to any liability which migF�t arise h�raunder, CEty and C�siamer
agree that they shall be solely artd exclusively liable for the r�egligence ot its own
agents, servar�ts, sUbcot�tractars and ernplc�yees and that neitf�er pariy shall loQk
to th� other party to save or ho[ci it harmiess fort he cansequences of ar�y
negligence on the part of ar�e of its own agent, servant, subca�tractor or
employee. NatE�ing contained here�n shall �e construe�{ to be a waiver by Ci�y of
any right af protectEori which it er�jays under appiicak�[e State or Federal law.
9.
ASSIGNMENT
Company shaU nat assign, transfer or sub[et t�is Contract or any portion
hereof ta any par�y without ti�� prior written cansent of City wF�ich shail nat be
unreasonably withheld. Any such assignment, transfer or s�aiet�ing of this
Contract s�a1i 6e va�d and shat! aperate as a#ermination hereot.
�0.
- ' 8.
ZOI�ES AND ROTATION LiST
A. City shail diuide tE�e city info �our (4j zon�s which shall correspond to the
four (4} patrol c�ivisions. Company st�atl f�e assigned to the zone or an adjacen#
zone in whi�h it maintains its prin�ciQal place vf business.
B. Ciiy shall c�eate a rotation list within each of fF�e fo�r (4} zones that will
dictate the order in which wrecker companies are contacted.
C. City may request Company ta con��ct a police pull within any zone, and
Company agrees to use its bes# �fforts to arrive at the scene of th� poiice pufl
witnin thirty (30} m�r�utes.
11.
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INDEP�NDENT CONTRACTOR
it is understood and agreed by ihe part�es hereto �that Com�any shall
�erform ail wa� and servic�s hereun�er as an independ�rit contractar, and not as
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an officer, agent, servant or employee of th� City: Conzpany shall have
excl�.sive con�rol of and the exclusive right to confirol the details of the worlc
or service ta be perfanned hereunder, and a11 persons perfornling same on
behalf of Company, and shall be solely responsible for �he acts and omissions
of its officers, agents, ser�ants, employees, contractors, subcontractors,
licensees, and 'znvitees. The doctrine of respondent superior shall not apply as
between the City and Company, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall b� construed as
creating a parn�ership ar j oint venture between the parties hereto.
In witne s whereof, the arties hereto have execu�ed this Co11n act on
the ��� day of �����- , 20�1Y.
d
A� EST: f�
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_ . � � ,k�,: �..��
loria Pea�son, City S�cretary
APPROVED AS TQ FORM
AND LEG TY
l�s�isial7t City Attorney
ATTEST:
�
Ca�porate Secretary
CITY O FORT RT�
;
By , f� ��� -� �
���y Wa�son
Assistant City Manager
COrit��C�- �u'�ho�S���iOn
�l.. � � � �� '^�
Aa�f:
TP Motor Ltd, dba Fort
Worth Wrecicer Service bv
May's Rose Corp, it's
General Partiler
(Company Nanse)
By: � 2� �7-c.�-
T�.lyen C. N uye17, Pre �efit
u��aC��ad ���OQ�
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�� � �� f8�5� �T+a�- y F � # -r- � "'- �s' � r.�'�fi, �t' sirs
1���^��'!�g-���f#2 �+_��51 :.3 ��. ' ._i - � , _tJ���'�;�rt�e'.. s}�.i-:iFJ. . ' . ��.s, ' .
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-� . • � ' E�EiiBIT A - - .
AiJTO P0�
xhe �ol.lowi.r�g zules and regulations wi�l.�. be �o3.I.owed by a].� wreeker campanies
upon arzi.val aC t�e auro pound.
1. �he gate wi.11 nat be b7�acked Uy wreckers wait�.ng to entex or exiC
Che p�und. � -
2. No more than two (2) �irecicers sha].1 be auChorized in the �ront area,
�or �nv�ntory purposes, ar any one ta.me. �
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3. �[o wrecker shall enter �he pound uith ma�e t�an one (I) person/o�era-
tor� un�ess authorized by the�on dut� shifC su�e�visor. Thi.s will be
done on a case by case'�bases.
4. Far safety "r�easons, a car carrier s�all be zequi.�red to of� ].oad �heir
car-go w�ea gossilile. T�i�.s- shaZ]. be determined 'by the an duty super-
visor.
. 5_ Inventories�should be handled.in an expeditious ina.nner when possibie:
Hqwever, p.or�nd �ersonn�e�. are required to do a comp�ete and precise
. inveutory�.of all property and vehicles. A�sp'ecifi.c time frame would
be imposs�.b].e to inst�,tute.
6. " Wrecker dr�vers shal��not he allowed to drive up and down the rocrs,
lookirig foz vehicl.es to reposses £ar companies saxd wreckers repz�s�at.
7_ T'he use ot car carrie�r•s, dolli.es, extra time, extra equipment, etc.,
shall be subject to apprnval by the Wrecker administrator oz Pound sup-
ervisar.
8. Wrecker operacors/owners shall be requ�.red to Eollow any directians or
instructions given by a�to pound personnel.
9. Vialatz.ons of any of the above ru�,es shaLl be subject to review by the
Wrecker administrator.
` Disci.pli.nazy action may be determined by the �ound supervisor or a hi.gher
command level.
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C'i�y o, f'�'ort �'or�h, �`eacas
���r� �n� ���n�d ���������t���
DATE RE�ER�NCE NUMBER LOG NAM� PAG�
, 1d1161Q1 ����,��' � 000'f-0316 � 1 of 2
S�IBJECT AUTH�RlZATION 4F CONTRACTS FOR NON-CONSENT TOWING OF WRECKED�
� OR ABANDONED V�HICLES FROM MULTIpLE VENDORS REQUIRED BY CITY
OR�INANGE NO. 12924 FOR THE POLICE DEPARTMENT
RECOMMENDATIOfV:
It is recammended that the City Council:
�. Authorize contracts for non-conse�t towing of wrecked or abandoned vet�icles from multiple �endors
as required by City Ordinance No. 12924 (see attachment "A" �or a list of current v�ndars); and
2. Authorize the contracts to begin October 16, 200�, and expire October �5, 2002, with options to
renew for four successive one-year periods.
DISCUS5IQN:
City Ordinance No. 12924 r�gulafes non-consent towing within the City requiring companies desiri�g to
pertorm non-consent towing for the Police Department to execute a confiract with tF�e City.
There are three types of contracts: those for s�andard taw trucks, #ili bedlrollback tow trucks, and
tandem tow trucks. Participating wrec�Cer companies are licensed under Article V, Wreckers, of Chapter
34, Vehicles for Hire, of the Code of the City of Fort Worth. Th� f�es for services to be pro�ided and
assignment to one of four zor�es are tF�e same as contained in the ordinance. The �stimaied
expenditure for these services is $1,100,��C} per year.
Contracts wilf be executed with any vendor desiring to perForm non-consent tawing ihat meets #he
eontract requirements st�ch as towing operations bei�g a vendor� primary business, equipment
specifications, insurance, and a local licensed storage facility.
Blf� TABULATI�N - See attached "Service Fee Schedule".
MIWBE � A waiver of the goal for MIWBE subcontracting re�uirements was ��quested by the
P�rchasing Division and a�proved by the MIWBE Office because the purchase of services is �rom
sources where su�contracti�g or supplier op�ortunities are n�gligibie.
REN�WA� OPiiONS - ihese contracts may be renewed far up to four successive one-year ter�ms at
the Ciky's o�tion. This actio� �does not re�uire specific City Council approval, provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
�����a� �'C����D
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�`ity of �o�t Y�o�th, �'�'exas
a���r ��n� ��+���il �����r�;c��i�r�
DAT� REF�RENCE NiJMBER L�G [VAME PAG�
1011f/0� �d�t��� � OD09-0316 ( 2 of 2
SUBJECT AUTHORIZATION OF C4NTRACTS FOR NC7N-COf�SENT TOWING OF WRECKED
�R ABANDONED UEH�CL:ES fiROM MULTiPLE VENDC)RS REQUIRED BY CITY
ORDINANCE N�. 12924 FOR THE P�I�ICE DEPARTMENT
FI�CAL lN�ORMATI�NICERTIFIGATION;
The Finance Director certifies that funds are availabl� in the current operat�ng bradget, �s apprapriated,
of the General Fund.
CB:n
BQN101-03161KDK
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5uhnuitted for Ci#y Manager's
Office hy.
Charles Soswell
Originat#ag Department �Iead:
3im Keyes
Additioual InFornlation Contact:
Robert Combs
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City Secrataxq aE the
� Cifiv of Fbrt Worth. Texas