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RESOLUTION (ID #2958) DOC ID: 2958 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 04/21/2014
Prepared by: David Wixom, (909) 384-5220
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and an Increase to Annual Purchase Order No. 201400000145 in an
Amount Not to Exceed $50,000 with Turf Star Incorporated for the Purchase of Toro
Commercial Equipment Parts and Supplies. (#2958)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $1,182,300
Account No. 635-400-0100-5111
Account Description: Materials and Supplies
Balance as of April 2, 2014: $121,589.78
Balance after approval of this item: $106,589.78
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
06/17/13 Resolution No. 2013-117 was approved, authorizing an agreement and issuance of a
purchase order in the amount not to exceed$35,000.
04/19/10 Resolution No. 2010-74 was approved, authorizing an increase to Annual Purchase
Order No. 210103 Agreement and increase to Annual Purchase Order No. 210103 in
the amount of$6,100 not to exceed $31,000 pursuant to section 3.04.010-B3 of the
Municipal Code with three single year renewal options to Turf Star Inc. for the
purchase of specific Toro equipment parts and supplies utilized by the Fleet
Management Division.
Background:
The Public Works Department, Fleet Management Division is responsible for maintaining eleven
commercial lawn mowers used by the Department of Parks, Recreation and Community
Services. Turf Star, Inc. is the only authorized distributor of commercial Toro equipment parts
and supplies in the State of California. As the mower age they are requiring more maintenance to
keep them operating properly. Maintenance of the mowers and turf equipment is essential for
beautifying the City's parks and are a major necessity for maintenance of median strips.
Updated:4/15/2014 by Jolena E.Grider F I Packet Pg. 303
2958
ALMA Staff recommends that the Mayor and Common Council authorize the execution of an
Agreement and increase to Annual Purchase Order No. 201400000145 not to exceed $50,000 to
Turf Star, Inc. for the purchase of commercial Toro equipment parts and supplies.
City Attorney Review:
Supporting Documents:
reso 2958 (PDF)
agrmt 2958 (PDF)
Turf Star 2014 select source (PDF)
Updated:4/15/2014 by Jolena E.Grider F Packet Pg. 304
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1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
4 AND AN INCREASE TO ANNUAL PURCHASE ORDER NO. 201400000145 IN AN
AMOUNT NOT TO EXCEED $50,000 WITH TURF STAR INCORPORATED FOR
5 THE PURCHASE OF TORO COMMERCIAL EQUIPMENT PARTS AND SUPPLIES.
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6 WHEREAS, Turf Star Incorporated, is the factory authorized wholesale distributor of a
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Toro commercial equipment parts and supplies in California. a
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THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: E
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11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to U
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12 execute on behalf of said City an Agreement between the City of San Bernardino and Turf o
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Star Incorporated, a copy of which is attached hereto, marked as Exhibit "A", and
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incorporated herein by this reference as though set forth fully at length.
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16 SECTION 2. That pursuant to this determination the Director of Administrative o
17 Services or designee is hereby authorized to issue an Annual Purchase Order to Turf Star
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18 Incorporated for a total amount not to exceed $50,000. °
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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read, "for Toro commercial parts and supplies, $50,000 for FY 13-14" and shall incorporate N
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the terms and conditions of the agreement. L
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SECTION 4. The authorization to execute the above-referenced Purchase Order and E
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24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the Q
25 passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND AN INCREASE TO ANNUAL PURCHASE ORDER NO. 201400000145 IN AN
AMOUNT NOT TO EXCEED $50,000 WITH TURF STAR INCORPORATED FOR
3 THE PURCHASE OF TORO COMMERCIAL EQUIPMENT PARTS AND SUPPLIES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting thereof,held co
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7 on the day of , 2014, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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BARRIOS o
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12 VALDIVIA 0
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13 SHORETT
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14 NICKEL
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15 JOHNSON -0
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16 MULVIHILL N
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19 Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of a
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R. CAREY DAVIS,Mayor E
23 City of San Bernardino
Approved as to Form:
24 GARY D. SAENZ Q
25 City Attorney
26 By: �t c
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EXHIBIT A
VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC. AND THE CITY OF
SAN BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
This Vendor Service Agreement is entered into this day of
2014, by and between Turf Star Inc. ("VENDOR") and the City of San t
Bernardino ("CITY" or"San Bernardino'). a.
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WITNESSETH: E
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WHEREAS, the City of San Bernardino has determined that it is advantageous and in E
the best interest of the CITY to contract for the purchase of specialized Toro commercial E
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equipment parts and supplies; and o
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WHEREAS, VENDOR is the factory authorized wholesale distributor of specialized
Toro commercial equipment parts and supplies in California.
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NOW, THEREFORE,the parties hereto agree as follows: 0
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, CITY hereby engages the services of VENDOR to n
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provide those products and services as set forth in Attachment 1," attached hereto and
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incorporated herein. If a conflict arises between Attachment "1" and this Vendor Service ca'v
Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern and supersede E
Attachment"l."
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 1 OF 8
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2. COMPENSATION AND EXPENSES.
For the services delineated above,the CITY,upon presentation of an invoice, shall pay
the VENDOR up to the amount of$50,000. No warranty is given or implied as to the total
volume that may be purchased by the CITY during the contract period. No other expenditures
made by VENDOR shall be reimbursed by CITY.
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3. TERM; TERMINATION.
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The term of this Agreement shall begin on the date the Agreement is fully executed E
("Effective Date"), and continue until June 30, 2015. This Agreement shall continue thereafter W
on a yearly basis unless terminated by either party with thirty (30) days written notice. This L
Agreement may be terminated at any time by thirty (30) days written notice by either party. The E
terms of this Agreement shall remain in force unless mutually amended in writing. 0
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4. INDEMNITY. ,0
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CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and
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volunteers from any and all claims, actions, losses, damages and/or liability resulting from
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations under -E
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the Agreement. 0
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VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
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VENDOR's negligent acts or omissions arising from the VENDOR's performance of its o
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obligations under the Agreement. 00
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for any N
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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 c
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comparative fault. E
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 2 OF 8
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5. INSURANCE.
While not restricting or limiting the foregoing, 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 workers'
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 he set forth as an additional M
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named insured in each policy of insurance provided hereunder. The Certificate of Insurance c
furnished to the CITY shall require the insurer to notify CITY of any change or termination in Q.
the policy. I
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6. NON-DISCRIMINATION. E
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In the performance of this Agreement and in the hiring and recruitment of employees, 0
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, F
discrimination in employment of persons because of their race, religion, color, national origin, w
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
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sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and a
purposes VENDOR shall be an independent contractor and not an agent or employee of the o
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of o
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment N CD
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Compensation, and other g E
p 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 c
performed hereunder. E
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 3 OF&
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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.
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9. NOTICES. a
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Any notices to be given pursuant to this Agreement shall be deposited with the United E
States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director E
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City of San Bernardino
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300 North"D" Street o
San Bernardino, CA 92418 ,o
Telephone: (909) 384-5140
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TO THE VENDOR: Turf Star Inc.
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955 Beacon Street
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Brea, CA 92821
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Telephone: (714)256-5211 a
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10. ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement, the N
prevailing party shall be entitled to recover from the opposing party all costs and expenses, a,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its c
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
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 4 OF 8
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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
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VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder c
for the term of this Agreement. E
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12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this E
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Agreement shall be tried and. litigated either in the State courts located in the County of San 0
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Bernardino, State of California or the U.S. District Court for the Central District of California, 0
Riverside Division. The aforementioned choice of venue is intended by the parties to be the °
mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
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14. SUCCESSORS AND ASSIGNS. a
This Agreement shall be binding on and inure to the benefit of the parties to this o
Agreement and their respective heirs,representatives, successors, and assigns. 00
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15. HEADINGS. E
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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. w
VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 5 OF 8
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. ENTIRE AGREEMENT; MODIFICATION. E
This Agreement constitutes the entire agreement and the understanding between the w
parties, and supersedes 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 E
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executed by all parties to this Agreement.
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18. REMEDIES; WAIVER. o
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All remedies available to either party for one or more breaches by the other party are and i
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
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by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless y
such waiver shall be in writing and signed by the party against whom enforcement is sought.
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VENDOR SERVICE AGREEMENT.BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE60F8
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC. AND THE CITY OF
SAN BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Dated: , 2014 VENDOR a
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By:
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Dated: ,2014 CITY OF SAN BERNARDINO
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By: o
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Allen J. Parker, City Manager h L Approved as to Form:
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Gary D. Saenz, City Attorney a
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 7 OF 8
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ATTACHMENT I
SCOPE OF SERVICES
VENDOR will provide a subscription for the purchase of specialized Toro commercial
equipment parts and supplies by VENDOR
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VENDOR SERVICE AGREEMENT BETWEEN TURF STAR INC.AND THE CITY OF SAN
BERNARDINO FOR TORO EQUIPMENT PARTS AND SUPPLIES
PAGE 8 OF 8
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
San Ina mn
TO: Purchasing Division
FROM: David Wixom: Acting Fleet Services Division Manager a
DATE: February 26, 2014
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SUBJECT: Justification of a Selected Source Purchase for: Toro Commercial Parts and Cr LU
Supplies and Renewal of Annual PO# 2014-00000145
Definition:A purchase of a commodity or service without obtaining competitive bids, although more
than one source is available. E
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A Selected Source purchase for renewal of the above referenced Annual PO for Toro Commercial
Parts and Supplies is justified because... ,0
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Turf Star is the factory authorized wholesale distributor of Toro Commercial Equipment Parts and =
offers wholesale prices to the City of San Bernardino. These parts are necessary for repair of the
eleven commercial lawnmowers maintained by the Fleet Management Division.
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X (Print Name) David Wixom N
Department Head (or Designee) Signature
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Revised 01/04/10 drm
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