HomeMy WebLinkAbout26-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: A Resolution authorizing the
execution of an agreement and
issuance of a purchase order to Turf
Star, Inc. pursuant to Section 3.04.010-
83 of the Municipal Code for the
purchase of four (4) GM7200 72" Toro
Riding Mowers to be utilized by the
Parks and Recreation Department.
Dept: Public Services
Date: November 8, 2007
Meeting Date: December 3, 2007
Synopsis of Previous Council Action
Reso 2005-143 June 6,2005 Purchase one Toro Mower
Reso 2006-55 Feb. 21, 2006 Purchase one Toro Mower
$66,509.62
$67,523.55
Recommended Motion:
Adopt Resolution
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Quotes, Resolution, Agreement.
Ward: All
FUNDING REQUIREMENTS:
Amount:
$67,320.85
635-341-5701
Motor Vehicles
Source:
Finance:
Council Notes:
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Agenda Item No. d.~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A Resolution authorizing the execution of an agreement and issuance of a purchase
order to Turf Star, Inc. pursuant to Section 3.04.010-B3 of the Municipal Code for the
purchase of four (4) GM7200 72" Toro Riding Mowers to be utilized by the Parks and
Recreation Department.
Background:
The Parks and Recreation Department utilizes four 1993 to 1996 72" inch Riding
Mowers for park maintenance on a daily basis. The cost to maintain these 14 and 11
year-old mowers has increased with age and use. Some repair parts are no longer
available, or are non-stock items and must be special ordered. Because of these
factors, in conjunction with the increased downtime, these mowers have become too
costly to operate. These units are included on the FY 2007/2008 approved Vehicle
Replacement List. Therefore, the following units will be placed in surplus for auction.
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#308 1993 Toro 72"
#762 1996 Excel 72"
#833 1996 Excel 72"
#836 1996 Excel 72"
4,759 miles
4,057 hours
3,093 hours
2,910 hours
Turf Star, Inc. of Brea, California is the Regional dealer for Toro equipment and is
considered a sole source dealer; there are no local dealers for this particular equipment
and no alternative fuel units are available at this time. The Toro GM7200 72" zero turn is
the industry standard for this type of industrial mowing, and the City currently operates
two other mowers of this type, and has for many years. Fleet staff has found it to be
more cost effective to standardize types of vehicles and equipment for better
operational economy. Therefore, fewer brands of parts must be stocked, and mechanic
training is specialized and more thorough.
Fleet staff contacted Turf Star Inc. for pricing and availability. The City has been
offered the California Multiple Award Schedule (CMAS) contract price of $67,320.85,
including tax for the four mowers from Turf Star Inc. (see Exhibit I).
Vendor
Turf Star Inc.
Location
Brea
Quote
$67,320.85 incl. tax
Financial Impact:
Funds for this purchase are available in FY2007/2008 Account No. 635-341-5701 Motor
Vehicles.
Recommendation:
C Adopt resolut!on.
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RESOLUTION NO.
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2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE
3 ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO
4 RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION
5 DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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9 authorized to execute on behalf of said City an Agreement between the City of San
SECTION 1. The City Manager of the City of San Bernardino is hereby
10 Bernardino and Turf Star Inc., which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
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Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
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Code "Purchases approved by the Mayor and Common Council".
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SECTION 2. This purchase is exempt from the formal contract procedures of
SECTION 3. That Turf Star Inc. has offered a purchase price of $67,320.85
including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase
of four (4) 2007 Toro GM7200 72" Riding Mowers. Pursuant to this determination the
Finance Director is hereby authorized to issue a purchase order to Turf Star Inc., in the
amount of $67,320.85, which will facilitate the procurement of the four (4) 2007 Toro
GM7200 72" Riding Mowers.
SECTION 4. The Purchase Order shall reference this Resolution No. 2007-
and shall read, "Purchase of four (4) 2007 Toro GM7200 72" Riding Mowers, P.O. not
to exceed $67,320.85" and shall incorporate the terms and conditions of the
Agreement.
November 20. 2007
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE
ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO
RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION
DEPARTMENT.
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6 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
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SECTION 5. The authorization to execute the above referenced Purchase
this resolution.
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November 20. 2007
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE
ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO
RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION
DEPARTMENT.
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9 following vote, to wit:
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
day of
, 2007, by the
meeting thereof, held on the
ABSTAIN
ABSENT
AYES
NAYS
Council Members:
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17 JOHNSON
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ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
a es F. Penman, City Attorney
November 20, 2007
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VENDOR SERVICE AGREEMENT
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4 ("CITY" or "San Bernardino").
5 WITNESSETH:
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1.
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24 The term of this Agreement shall be for a period of one year.
25 This Agreement may be terminated at any time by thirty (30) days' written notice by
26 either party. The terms of this Agreement shall remain in force unless mutually amended. The
27 duration of this Agreement may be extended with the written consent of both parties.
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This Vendor Service Agreement is entered into this 3rd day of December
2007, by and between Turf Star Inc. ("VENDOR") and the City of San Bernardino
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of four Toro GM7200 72"
Riding Mowers; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of four Toro GM7200 72" Riding Mowers.
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
COMPENSATION AND EXPENSES.
3.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $67,320.85 for four Toro GM7200 72"
Riding Mowers.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
TERM; SEVERABILITY.
Exhibit "A"
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
S. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
Exhibit "A"
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
Exhibit "A"
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Turf Star Inc., Attn. Matt Butler
955 Beacon Street
Brea, CA 92821
Telephone: (714) 256-5211
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Exhibit "A"
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Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 3rd day of December
2007, by and between Turf Star Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of four Toro GM7200 72"
Riding Mowers; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of four Toro GM7200 72" Riding Mowers.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice," shall
pay the VENDOR up to the amount of $67,320.85 for four Toro GM7200 72"
Riding Mowers.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Turf Star Inc., Attn. Matt Butler
955 Beacon Street
Brea, CA 92821
Telephone: (714) 256-5211
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevai ling party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consenl. Any attempted assignment, Iransfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated:
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10 Dated
VENDOR
,2007
By:
Its:
,2007
CITY OF SAN BERNARDINO
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By:
Fred Wilson, City Manager
Approved as to Form:
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F. Penman, City Attorney
......................***...*.
· 'lT1RF STAR, INC. ·
* Phone. (800)585-8001 *
C::*****************************
*** QUO T B ***
Quote No. Customer No
3235202-00 21790 2
Page
1
Date. 10/05/07
To:
Ci ty of San Bernardino
Fleet Maint Division
182 S Sierra Way
San Bernardino, CA 92408
Attention. Don Johnson
Referring to your request for prices and delivery,
we are pleased to quote as follows.
--------------------------------------------------------------------------------
Qty
Model No.
Description
Your Cost Extended
--------------------------------------------------------------------------------
4 30360
4 30359
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30382
GN7200 72- Guardian Recy 14654.75 58619.00
Oniv Mount Sunshade 383.23 1532.92
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Subtotal
60151.92
Road Light ltit 462.12 1848.48
12 vol t power port 83.43 333.72
=.........
Subtotal
2182.20
4 30374
Sub-Total
Sales Tax
Total
62334.12
4986.73
67320.85
Terms. Net 30 Days
F.O.B. DESTINATION
Delivery. 30 Days A.R.O.
Please
contact us for further information. Your Salesrep is Matt
Quote is firm for 30 days. Brochures enclosed.
***** THANlt YOU *****
Butler
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