HomeMy WebLinkAboutContracts & Agreements_72-2012_CCv0001.pdf &GRECMENTlUYED[ORM NON-PROFESSIONAL8BRVKES
(K£DLANDSCONTRACT NO. 20|2-0U2)
This agreement for the provision of vending facilities, maintenance, lighting products,
industrial supplies and tools(-Agreernent-) is made and entered in this 15m day ofMay, 20l2
(-Effective Date"), by and between the City of Redlands, a municipal corporation ("City)"and
[asteuu|Company(^^Cuntrmctor"). City and Contractor are sometimes individually referred to
herein asu"PaMv"and, together, as^^Pndien." In consideration of the rnu\um| promises contained
bcn:in. City and Contractor agree as {b}|ov/u:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
|.| City hereby engages Contractor ioprovide vending facilities, maintenance, lighting
products, industrial supplies and tools for City (the`^Scrvicca`").
|.2 The Services shall he performed by Contractor in u professional manner,and Contractor
represents that iihas the skill and the professional expertise necessary to provide the
Services boCity at u |cvc| of competency presently maintained by other practicing
pnoK:asinnu| Contractors in the industry providing like and similar types of Services.
1.3 The term of this Aareement commences on its Effective Date and ends on February 28,
2014.
ARTICLE 2 -SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall provide are more particularly described in Exhibits
^^/\"and '^B" entitled Addendum /kVendor contract between Fuy|eoa|Company and
VV8C/\dated March |, 20| |, and YVSC& Master Service Agreement respectfully, and
shall be performed by Contractor in accordance with Exhibit"C,"entitled"Caliiornia
Participating AddendUrn Master Price Agreement 7-11-51-02,"all of which are attached
hereto and incorporated herein byreference;
2.2 Contractor shall comply with opp|iouh|o federal, state and local laws and regulations in
the performance of thi�agreernent including, but not limited to any applicable State of
California prevailing wage |uv/s.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 [iiyshall make available ioContractor information in its possession that may assist
Contractor in pork`rnnin, thu Services.
32 City designates [)unu'\hnxmnovitz` Purchasing Servicing Manager, as City's
representative with respect to performance ofthe Btrvicea, and such person shall have the
authority totransmit instructions, receive infbrnou1ion, interpret and defincCity`s policies
and decisions with respect b/ performance ufthe Services.
1:\oo\dUm\xereoment�Fx$,na|Cnmpoxy,2012-002D0C )
ARTICLE 4— PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services inoprompt and diligent manner in
accordance mareasonably requested from time todrnehvCity. The Services shall
commence immediately upon the Effective Date ofthis Agreement.
4.2 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in u[hrnn, and made available tothe City,consistent with
City Council adopted policy for the same. It shall be the obligation of Contractor to
obtain ocopy ofsuch policy from City Staff.
ARTICLE 5 - CONTRACTOR COMPENSATION
5.1 Contractor has u�,eedthat City shall have noobligation hopay[ooto�1orany
compensation for the Services.
5.2 All notices shall be given in r/ri1iu� by personal delivery orhy nuai|.Y4oiicessent hy mail
should be addressed as follows:
�m Contractor
Fred Cardenas, Director Justin Alfrey, District Manager
Quality ofLife Department [ooicnu| [onupuny
City ofRedlands 2001 Theurer Boulevard
35Cajon Stncut` Suite 222 VVinonnu, MN 55987
P.O. Box 3005 (mailing)
Redlands, CA 92373
When xoaddressed. such notices xho\( be deemed given upon deposit in the United 31atcm
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant tothis section 5.2.
ARTICLE 6- INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services. Contractor shall not perform any Services unless and
until the required insurance listed hcinvv is obtained by Contractor, Contractor shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior tocommencement o[the Services. Insurance policies xhu|| include aprovision
prohibiting cancellation or modification of the policy except upon thirty(30)days prior
written notice toCity.
6.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws o[the State of California, with an insurance carrier acceptable 0mCity us
described in Exhibit *'D,** entitled ``YVorkeo` Compensation Insurance Ccrti§cu1ion,-
which is attached hereto and incorporated herein by this reference.
1:\cu\6io�Ag.-eemxuts\Foancna|Compmuy2012-002DOC2
6.3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptabletoCity. Minimum coverage o[One Million Dollars($1,000,000) per
occurrence and Two Million Dollars($2 aggregate for public liability, property
damage and personal i 'ur� isr�quir�d. [ky xho|| b� non�cdusun additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained bvCity.
6.4 Contractor shall have business auto liability coverage. with minimum limits ofOne
Million Dollars ($1,000,000) per occurrence, combined single limit bodily injuryUebi|ity
and property damaoe liability. This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision nfthe Services, hired and non-owned
vehicles,and employee non-ownership vehicles. City shall be narnes as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained hyCity.
6.5 Contractor shall dcƒend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from i 'uryordecUbtoperuouyordamnugeinpu'pertyoccuoioued
hyand negligent act, omission nrfailure toact hyContractor, its officers,employees and
agents in performing the Services.
7.1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the Subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner nr
degree by the performance of Contractor's Services. Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Contractor agrees iiisnot udesignated employee within the meaning ofthe Political
Reform Act because Contractor:
A. Does not make orparticipate in:
(i) the making orany City governmental decisions regarding approval ufu
ndc, rule orregulation. orthe adoption ocenforcement oflaws;
(ii) the issuance. denial. suspension orrevocation ofCity permits, licenses.
applications., certifications, approvals, orders orsirnilurauthorization or
entitlements,
(iii) authoring City\oenter into, nnodi�y or renew uconbmot,
(iv) granting City approval toacontract that requires City approval and to
which City isaparty. ork`the specifications for Such acontract;
(v) granting Ciivapproval iooplan, design, report. study orsimilar iieru�
(vi) adopting, orgranting City approval of policies. standards or guidelines for
City orfor any subdivision thereof.
1:\cu\dixb&2recments\Pmguno|Compuny2012-002D0C3
B. Does not serve in a staff capacity with City and in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
Z:�
specified in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests.
Contractor shall complete and file a Fair Political Practices Commission Form 700, State
of Economic Interests with the City Clerks' office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Documents, records, drawings, designs, cost estimates, electronic data files, databases
and any other documents developed by Contractor for City in connection with its
performance of the Services, and any copyright interest in such documents, shall become
the property of City and shall be delivered to City upon completion of the Services,, or
upon the request of City. Any reuse Of Such documents, and any use of incomplete
documents, shall be at City's sole risk.
8.4 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees,except as herein
set forth.Contractor shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express by City for the account of, or on behalf of City.
Contractor shall have no authority., express or implied, to act on behalf of City in any
capacity whatsoever as an agent, nor shall Contractor have any authority, express or
implied, to bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing ten (10) business days
prior written notice to Contractor(delivered by certified mail, return receipt requested)of
City's intent to terminate. If this Agreement is terminated by City, an adjustment to
Contractor's compensation shall be made, but (1) no amount shall be allowed for
anticipated profit or unperformed Services, and (2) any payment dude Contractor at the
time of termination may be adjusted to the extent of any additional costs to City
occasioned by any default by Contractor. Upon receipt of a termination notice,Contractor
1:',Ica`,,4im'xA-regiments",FastenaI Conipany.2012-002.DOC 4
shall immediately discontinue its provision ofthe Services and, within five(5)days of
the date of the termination notice, deliver or otherwise make available to City, copies (in
both hard copy and electronic form, where applicable) ofproject n:/ntcddo1o, drovvingx,
specifications, reports. summaries and such other information and materials as may have
beonucoumnu|oJudhyConbnctoriopor[brnming\hcScrvicoy. Cootroo|orohu|| he
compensated on upro-rata basis for Services completed uptothe date nftermination.
8.6 Contractor shall maintain hooks. ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3))
years, or for any longer period required by laxv, from the date of final payment to
Contractor pursuant o this Agreement. Such books shall be available at reasonable times
for examination byCity a1the office o[Contractor.
8.7 This Agreement, including the Exhibits incorporated herein by ro|enuncc, represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and onyprinrnc�oiio1iono, vvri{tcnpoupoxo|so�vcrbu| u�ro�noum��r�|u1iu�tosuch
matters are superseded by this /\gnccnoenL Except as uthoovixc provided for herein, on
amendment 0othis /\gnccnncnt xhu}| be in writing, approved by City and signed by City
and Contractor.
8.8 This Agreement shall be governed by and construed in accordance with the laws nfthe
State o[Cal i6brnio.
|:\cu\dim\Aom*meorsTuucnulCompany.20l2-UO2,D0C5
IN WITNESS WHEREOF, duly authorizes representative of the City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS FASTEN A,L-QOMPANY
By: By:
PeteAguila -Mayor tin�Alfrey, D.OK-Manager
Attest:
Sam Irwin,City Jerk
]:"cald.im\A,ereements\FastenaI Company.2012-002.DOC6
FAST Solutions" ntract#1862
Fastenal Automated Supply Technology
State of
State of Contract I D:
EXHIBIT "A"
Addendum A Vendor Contract Between
Fastenal CoMLIany and WSCA dated March 1,2011
This addendum shall cover the terms and conditions upon which Fastenal Company(*Fastenal")shall provide Fastenal
Automated Supply Technology(FAST)under The WSCA Master Service Agreement("WSCA")("Customer")pursuant to the
Vender Contract("Lead State Contract#1862")executed by the parties on March 1.2011 and the California Participating
Addendum Master Price Agreement 7-11-51-02.
Customer hereby grants Fastenal the exclusive right to install FASTENAL Vending Solutions(identified herein as FVS
units or FVS equipment). The FVS equipment is identified as FAST 5000. FAST 5000 Lockers,FAST 3000 and Stand Alone
Lockers. Customer may order FVS equipment by issuance of an order form(--FAST SOLUTIONS ORDER FORM"),
subject to acceptance by Fastenal. The FVS Equipment may only be stocked with Fastenal supplied and distributed products.
FASTENAL agrees to be responsible for all standard maintenance and repair of the FVS equipment(blatant or willful damage
or destruction by Customer excluded,but liability not to exceed$10,000 per unit)including refilling of vended products for the
term of this Contract. FASTENAL will provide insurance to cover its liability for personal injury or property damage it causes
in connection with the installation and operation of the FVS equipment.Participants in this agreement will be as written in the
PA.
I Ownership: Fastenal shall maintain full and exclusive ownership of all FVS equipment. Fastenal retains the right to terminate and
remove the FVS equipment from Customer site.at Fastenal's sole discretion and without liability. Customer may terminate this
Agreement if'Fastenal does not timelyservice the FVS equipment. including the replenishment of products. Customer will provide
Fastenal thirty days advance written notice and a reasonable opportunity to cure any service deficiencies,prior to termination,
2) Web Hostig Fee and Spend Expectation: All Web Hosting Fees are waived on this agreement for the term of the WSCA agreement From
day,of install. The parties agree that Customer will work in good faith to increase its overall purchases of products from FASTFNAI.at the
location of the FVS equipment.
3) Assignment:Customer may not assign,remove or attempt to sell or transfer any FVS equipment to another party or property.without
Fastenal's written permission.
4) Title to Products.Risk of Loss and Faxes:
Fastenal shall retain title to and a security interest in all products stored in the FVS equipment. Title to Products shall pass to
Customer only when Customer purchases products and such products are withdrawn From the FVS equipment by Customer as
described below.Until such products are so purchased by Customer. Fastenal shall bear all risk of loss with respect to products
located in the FVS
equipment,including,but not limited to, loss or damages caused by flood,fire.earthquake,terrorist act,severe weather,and
negligence:
provided,however,that Fastenal shall not bear the risk of loss resulting from the negligence of Customer or Customer's agents,
Should customer not elect to use the consignment option,customer will retain title and ownership of product once product is
purchased from Fastenal and placed in machine for dispensing.
5) Payment, Payments for products hill be made by Customer as outlined in the Contract.
6) Prices: Prices are subject to the WSCA Master Service Agreement 4 1862 and the California Participating Addendum Master Price
Agreement 7-11-51-02. Prices for dispensed items may be negotiated within the'-Custom Basket"(see section 1.1 volume discounts)to
best identify high usage parts that are best opportunities or situated for dispensing. Prices may vary based on specific customer
requirements-such as kitting.special labeling.or packaging it'applicable.
7) Limitation of'Liability:IN NO EVENT WILL EITHER PARTY B 'I IABLF1 FOR ANY SPECIAL,INDIRECT, INCIDENTAL,
CONSF,QUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION I'll OR ARISING OUT OF THIS AGREEMENT..
INCLUDING. BUT NOT LIMITEDTO. DAMAGFS FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS
OR LOSS OF FUTURE BUSINESS OR REPUTTA FION,WIll"I'l IFIR BASED ON TORT OR BREACH OF CONTRACTOR OTIIFIR
BASIS.FAIEN IF IT HAS BEEN ADVISFI)OFTI It" POSSIBILITY Of"SUCI I DAMAGES.
8) _Warrantx, Products sold through the FVS equipment shall he sold pursuant to the terms and conditions as set forth in the Contract.
Customer Authorized Sian re Title: Date:
Fastenal Signature: / _�e Title: Date: I
entl(',)i-npaiiV2001 '11,etirerl3otile\,trd.Winona,MN5987
FAST Solutions"
Fastenal Automated Supply Technology Contract#1862
State of
State of Contract ID:
EXHIBIT"B"
WSCA Master Service Agreement
Contract for Facilities Maintenance, Lighting Products, Industrial Supplies and Tools
FAST SOLUTIONS ORDER FORM
This Order Form applies to FAST Vending Solutions(FVS)units requested by the Customer. The terms and conditions of the Vendor
Contract will be applicable to the FVS units ordered herein.
Web Hostinu Fee and SpendSnend Fxh ation: The Software Fee described below will be waived for the term of the N1 SCA agreement. The
parties agree that Customer will v+ork in good faith to increase its overall purchases of products from FAS"I ENAt.at the location of the FVS
Units. Installation of the FVS equipment is required within 90 days from the above agreement date or the agreement will be subject to
cancellation.
*See Product Line card for available configurations.
Annual
Software
Fee
#of ($300 x
Machine Type Units o 'Units)
FAST 3000 Waived
PAST 5000 Waived
FAST 5000 Lockers *3 Door
*12 Door
*18 Door
FAST Stand Alone Locker Key Waived
Pad
*3 Door �.
*12 Door
*18 Door
Total for this order Waived
Existing Acct# Ca5abo283 New Customer sleet# CaSa0839
CustomcrNatnc: Cit% ot Redlands
Physical Address of Michinr: 1270 W. Park Avenue;
Citv Redlands _State CA Zip 92373-8162
Phone 909-798-7525 IAN 909-798-7522
Customer Contact Name Dana Abramovitz
Customer Contact Email Dabra moviwitt',cityofredlands.ore
Customer Contact Phone 909 $-7' 5
Authorized Pastenaire Fitlet ( l'lDate
Authorized Customer SILIIat e Title Date
5 Letter Store Code C;1SAB District Manager 'RN
Fax Completed Order Form to Fastenal Solutions(a<507-494-3237
k.
Exhibit~ "C".
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-51-01
1. Scope:
This Participating Addendum covers the purchase of Facilities Maintenance, Lighting Products,
Industrial Supplies and Tools for all State Agencies and will include all California political
subdivisions/local governments. A subdivision/local government is defined as any city,county,city
and county, district,or other local governmental body or corporation, including the California State
Universities(CSU)and University of California(UC)systems, K-12 schools and community colleges
empowered to expend public funds. Each political subdivision/local government should make its own
determination whether the WSCA program is consistent with its procurement policies and regulations.
State Agencies are prohibited from using this contract in accordance with Management Memo 05-11,
except for those categories not offered under the Statewide Mandatory Contract(formerly
Strategically Sourced Contract)for Maintenance and Operating Supplies(MRO).
THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS
APPLY TO THE ORDERING AGENCY. IF OR WHEN FASTENAL COMPANY,AS A VENDOR,IS
NOTIFIED BY ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEING
MADE WITH ARRA FUNDS,FASTENAL COMPANY AGREES TO COMPLY WITH THE DATA
ELEMENT AND REPORTING REQUIREMENTS THAT ARE LEGALLY REQUIRED OF PROVIDERS
OF GOODS AND RELATED SERVICES.FASTENAL COMPANY,AS IT RELATES TO PURCHASES
UNDER THIS CONTRACT IS NOT A SUBCONTRACTOR OR SUBGRANTEE,BUT SIMPLY A
PROVIDER OF GOODS AND RELATED SERVICES
2. TECHNICAL SPECIFICATIONS
Technical specifications,which apply to both State and local government, include recently
implemented State Regulations. In addition,the specifications include product requirements when
purchased by state agencies. Suppliers shall comply with all laws, regulations and technical
specifications provided herein.
I
a. Only thermostat products where the manufacturer is in compliance with The Mercury Thermostat
Collection Act of 2008 shall be offered for sale in the State of California. Mercury-added
thermostats and thermostats offered by a non-compliant manufacturer are prohibited for-sale
within the State of California. [California Health and Safety Code Sections 25214.8.10- I
25214.8.20(HSC§25214.8.10-325214.8.20))
i
1�: Consumer products containing volatile organic compounds(VOC)shall be compliant with the
laws and regulations for reducing the emissions of consumer products. Contractor is required to
report sales in accordance with this regulation. [Title 17 California Code of Regulations Sections
94507-94517. (17CCR§94507-94517)]See Regulations for Reducing Emissions in Consumer
Products for further information. VOC containing products shall identify the percent VOC by
weight in the catalog product description and where available,the Global Warming Potential
! (GWP)for multipurpose solvents and paint thinners.
c. Indoor air cleaning devices not in compliance with the regulation for Limiting Ozone Emissions
from Indoor Air Cleaning Devices]are prohibited for sale in the State of California. Prohibited
products shall be identified as"Does not meet California Requirements,Cannot be shipped to
California."Exempted products shall state the reason the exemption applies i.e."Solely for
industrial use. Potential health hazard: emits ozone." [17CCR§94800-§94810]. Further
manufacturer and distributer information can be found at:
j http://www arb.ca.gov/research/indoor/aircleaners/manufacturers.htm.
d. Aerosol Adhesives for consumer, industrial and commercial uses shall comply with the aerosol
adhesive standards as specified in HSC§41712(h)(2). Only adhesives and sealants that are
Revised 612011 Page 1 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-51-01
South Coast Air Quality Management District(SCAQMD), Rule#1168 and Bay Area Air Quality
Management District(BAAQMD), Rule#51 compliant shall be sold to state agencies_ Aerosol
Adhesives SCAQMD and BAAQMD compliant shall be identified and the VOC(weight per
volume/grams per liter)provided within the catalog product description.
e. The State of California regulates exhaust emissions of off-road powered equipment.Engines and
equipment offered for sale in the State of California shall be California Air Resource Board
(GARB)certified and reference the CARB Executive Order(EO)number. (13CCR Chapter 9
Article 1). Examples include:lawnmowers, chainsaws, line trimmers, backpack blowers,edger,
brushcutter,generators, pumps, compressors,tractors,forklifts, leaf blowers,vacuums,snow
blowers,floor polishing equipment,concrete polishers, pressure washer, tiller,etc.See California
Air Resources Board Off-Road Certification Database for a list of compliant products.Off-road
power equipment must be identified as"GARB Certified"and include within the catalog product
description its EO number.
f. High-Global Warming Potential(Nigh-GWP)refrigerants for Stationary Sources are restricted for
sale in the State of California. Compliance with these regulations requires the supplier to track
and sell High-GWP refrigerants only to authorized purchasers. (17CCR Subarticle 5.1,§95380-
§95398.) See California Air Resources Board Refrigerant Management Program—for Regulated
Refrigerants. Refrigerants must include their GWP;Ooy,value within the catalog product
description.
g. Appliance products not in compliance with California 2010 Appliance Efficiency Standards are
prohibited for sale within the State of California(20CCR§1601-§1608.). Only large appliances
that are EnergyStarS qualified shall be sold to state agencies. Large appliances must meet most
recent EnergyStarS standards. Examples of appliances covered under the California 2010
Appliance Efficiency Standards Include: Central Air Conditioners(CAC), Refrigeration Products,
Cooking and Washing Products,Transformer Products, Electronics,Water Heater Products, Fans
j and Dehumidifiers, Heat Pumps, Heating Products, Lighting Products, Motor Products, Non-
Central AC and HP Products and Plumbing Products. See The California Energy Commission
Appliance Efficiency Database for list of compliant products.
h. Plastic Trash Bags(thickness of 0.7 mil or greater)when sold in California shall contain at least
10 percent by weight PCRC material. Manufacturers and suppliers of plastic trash bags must be
compliant with California Plastic Trash Bag laws(PRC§42290 et seq and 14CCR Article 5.) See
CaIRec}Lle Recycle Content Plastic Trash Bag Program for a list of compliant manufacturers and
suppliers. All plastic trash bags offered for sale must identify in the catalog product description
the thickness(mil)and manufacturer.
i. Packages,packaging components, and packaged retail-ready products offered to the State of
California shall be in full compliance with all requirements of California Toxics in Packaging
Prevention Act(TPPA), HSC§25214.11-§25214.26.
1. At the request of the purchaser, contractor shall provide the minimum percentage by weight, if not
the exact percentage,of recycle content in each of the products and associated
shipping/packaging materials sold. The recycle content shall include both post consumer recycle
content(PCRC)and Pre-Consumer(Post-Industrial) recycle content percentages.All products
sold to State Agencies shall include the recycle content, both RC and PCRC for each item
purchased. Products compliant with State Agency Buy Recycle Campaign(SABRC)PCRC
minimums shall be identified in the catalog product description as"SABRC Compliant. SABRC
eligibility is dependent on products meeting the minimum PCRC per product category as defined
in PCC§12209. See CalRecycle SABRC Program requirements for suppliers.
Revised 612011 Page 2 of 8
i
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE(WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-61-01
k. Environmental benefit claims concerning products or services must be consistent with the Federal
Trade Commission's Guidelines for the Use of Environmental Marketing Terms. Product
environmental claims are to include the industry standard the product meets and certifier.A copy
of the certification must be supplied upon request if it is not publically available for verification.
Products claiming environmental benefits must include the industry standard it meets within the
catalog product description.
1. All custodial equipment sold to state agencies shall operate at a sound level less than 70dBA.
Vacuum cleaners and deep cleaning extraction equipment shall be Carpet&Rug Institute(CRI)
certified. Custodial equipment not meeting these requirements is prohibited for sale to state
agencies.
m. Janitorial Paper Products(bathroom tissue, paper towels, paper napkins,facial tissue and
general-purpose industrial wipes)offered on the State of California MRO mandatory contracts are
prohibited for sale under the WSCA contract. All other paper products sold to state agencies
shall meet the minimum PCRC and/or minimum RC percentages by weight listed in the Janitorial
Paper Product Recycle Content Table. Janitorial paper products must identify and include in the
catalog product description the percent PCRC and percent RC.
.Janitorial Paper Product Recycle Content Table
Commodity PCRC% Fiber RC%Fiber Total RC%
(min) (min) (min)by
weight
Bathroom Tissue 20 20 40
Paper Towels 40 40 80
Paper Napkins 30 30 60
Facial Tissue 10 10 20
General-purpose 40 40 80
Industrial Wipes
n. Chemical cleaners(soaps,cleaners,disinfectants,fresheners, sanitizers and polishes)offered on
the State of California MRO contracts are prohibited for sale. All chemical cleaners sold to state
agencies shall not contain any terpenes and glycol ethers, phosphorus content not to exceed
0.5%total phosphorus by weight and when labeled as"Concentrated"the contraction shall not be
less than 99 percent(%)or the pH not less than 2 or greater than 11.Toxicity levels must be;for
LD60 shall be greater than 5,000 mg/kg or the LCw greater than or equal to 20mg/L at one hour.
Volatile Organic Content(VOC)limits may not exceed the maximum VOC limits listed in the VOC
table. "VOC Content"means the total weight of VOC in a product expressed as a percentage of
the product weight(exclusive of the container or packaging). Chemical cleaners must identify
and include in the catalog product description the percent VOC, percent total phosphorus,
terpene and glycol ether free, percent concentration, pH and LD!5o(mg/kg)or LCso(mg/Q.
Revised&2011 Page 3 of 8
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CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE(WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-51-01
VOC TABLE
Cleaner Type VOC
%by weight
.maximumpermissible)
Dual Purpose Air Fresheners/Disinfectant
Aerosols 60
Bathroom and Tile Cleaners:
Non-aerosol 1
Carpet and Upholstery Cleaner:(dilutables) l 0.1
Disinfectant
Aerosols 70
Non-aerosol 1
Floor Polishes or Waxes:
Resilient Flooring Materials 1
Non-resilient Flooring Materials 1
General Purpose Cleaners
Aerosols 8
Non-aerosol 4
General Purpose Degreasers 10
Glass Cleaners
Aerosols
Non-aerosol 4
Heavy-duty Hand Cleaners or Soap 8
Laundry Prewash
Aerosols/solids 22
all other forms 5
Metal Polish/Cleanser 30
Sanitizer
Aerosols 70
Non-aerosol 1
Wood Cleaner:
Aerosols 17
Non-aerosol 4
3. Terms and Conditions:
For changes under this Participating Addendum by any Eligible Entity listed in Section 1,Scope,the
following Changes apply:
a. The California General Provisions(CAGP)(GSPD401 Non IT Commodities based on
June 8,2010 standard)for Western States Contracting Alliance(WSCA)Facilities
Maintenance, Lighting Products, Industrial Supplies and Tools as attached become a part of
this Participating Addendum.
b. State Departments' use of this master price agreement is prohibited when there is a
mandatory statewide contract for similar products. The current mandatory statewide
contracts with products that conflict with this WSCA agreement are listed in the table below.
The two exceptions to this prohibition are when 1)the quantity being ordered is less than the
minimum order quantity required in the mandatory statewide contract individual user
instructions, or 2)when a department obtains a DGS/PD exemption approval. The State
departments are responsible for verifying product availability.
Revised 6/2019 Page 4 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE(WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-61-01
Mandatory Statewide Contract Product Description
1-10-62-31 California Lamp Contract Lamps/Lighting
1S-06-51-02 Maintenance/Repair/Operations Industrial Supplies,Tools&HVAC
1S-06-79-55 Maintenance/Repair/Operations Janitorial&Electrical Supplies
1S-06-84-01 Maintenance/Repair/Operations Safety Supplies
1S-06-85-34 Maintenance/Repair/Operations Toilet Tissue
The State Contracts Index Listing provides a centralized contract list of most leveraged
procurement agreements(Statewides, Masters,WSCA)and can be accessed at:
http://www documents dgs ca qov/pd/contracts/contractindexiisting.htm
Department users and WSCA contractors shall not encourage either parties to split orders to
circumvent the use of a mandatory statewide contract.
c. The California General Provisions(CACP)shall prevail if there is a conflict between the terms
and conditions of the contractor's WSCA State of Nevada, Master Price Agreement,
packaging, invoices,catalogs, brochures and technical data sheets.
i
d. State of Nevada, Master Price Agreement number 1862 is changed for California to Contract
Number 7-11-51-01.
e. Delivery:
FOB Destination and included in the purchase order, or as otherwise stipulated in the
contract.
f. DGS Termination of Contract:
The State may terminate this contract at any time upon 30 days prior written notice to the
contractor. Upon termination or other expiration of this contract,each party will assist the
other party in orderly termination of the contract and the transfer of all assets,tangible and
intangible, as may facilitate the orderly, nondisrupted business continuation of each party.
This provision shall not relieve the contractor of the obligation to perform under any purchase
order or other similar ordering document executed prior to the termination becoming effective.
g.. Monthly Usage Reports&Administrative Fee:
Contractor must submit a monthly usage report to the California Contract Administrator for all
California purchases in the format outlined in the Monthly Usage Report Template. The
Monthly Usage Report Template is not to be changed or modified in any way without the prior
consent of the California Contract Administrator. Report must be submitted in attached DGS
report template.
The Contractor shall submit a check, in addition to the report, payable to the State of
California,Contract Administrator for the calculated administrative fee for an amount equal to
one percent(0.01)of the sales for the monthly period. This fee shall be included as an
adjustment to contractors WSCA pricing and not invoiced or charged to the purchasing entity.
Payment of the administrative fee by Contractor is due regardless of status of
payments on orders from users to Contractor. Although reports are due on a monthly
basis,administrative fees shall be submitted on a quarterly basis.
A monthly usage report is due even when there is no activity. Any report that does not
follow the required format or that excludes information will be deemed incomplete. Failure to
submit reports and fees on a timely basis shall constitute grounds for suspension of this
Revised W011 Page 5 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-51-01
agreement. Report(s)and delivery will be in accordance with the following monthly
schedule.
Jan—Due Feb 15 May--Due Jun 15 Sept--Due Oct 15
Feb--Due Mar 15 Jun--Due Jul 15 Oct—Due Nov 15
Mar--Due Apr 15 Jul--Due Aug 15 Nov—Due Dec 15
Apr—Due May 15 Aug--Due Sept 15 Dec--Due Jan 15
Quarterly Schedule for administrative fee check payment
t Jan-Mar Apr-Jun July-Sept Oct-Dec
Check Due April 30 Check Due July 31 Check Due Oct 31 Check Due Jan 31
The administrative fee check and report should be submitted to the following address:
Cynthia Okoroike
Department of General Services
Procurement Division
Multiple Award Program-WSCA
707 Third Street,2nd Floor, MS#202,West Sacramento, CA 95605-2811
h. The primary state government contact for this Participating Addendum is as follows:
Department of General Services, Procurement Division
Multiple Award Program-WSCA
707 Third Street,2nd Floor, MS#202
West Sacramento, CA 95605
Contact: Cynthia Okoroike
E-mail: cynthia.okoroike@dgs.ca.gov
Phone: (916)375-4389
Fax: (916)375-4663
i. The primary Fastenal Company CUSTOMER contact for this Participating Addendum is as
follows:
FASTENAL COMPANY
Address: 2001 Theurer Blvd
Winona, MN 55987
i
i
Contact: John Soderberg
E-Mail: isoderbe@fastenal.com
Phone: 5071313-7313
Fax: 5071494-7669
Revised&2011 Page 6 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
7-11-51-01
j. Price Agreement Number:
The Master Price Agreement number for the Participating State is 7-11-51-01. The Master
Price Agreement Number MUST be shown on all Purchase Orders issued against this Master
Price Agreement.
This Addendum and the Price Agreement together with its exhibits and/or amendments,set
forth the entire agreement between the parties with respect to the subject matter of all
previous communications, representations or agreements,whether oral or written,with
respect to the subject matter hereof. Terms and conditions inconsistent with,contrary or in
addition to the terms and conditions of this Addendum and the Price Agreement,together
with its exhibits and/or amendments,shall not be added to or incorporated into this
Addendum or the Price Agreement and its exhibits and/or amendments,by any subsequent
purchase order or otherwise, and any such attempts to add or-incorporate such terms and
conditions are hereby rejected. The terms and conditions of this Addendum and the Price
Agreement and its exhibits and/or amendments shall prevail and govern in the case of any
such inconsistent or additional terms.
k. Effective Dates:
This Participating Addendum shall be effective upon approval by the Department of General
Services and will continue until the End Date of the Master Price Agreement. Lead State
amendments to extend the term date are automatically incorporated into this Participating
Addendum unless terminated early in accordance with the terms and conditions of the Master
Price Agreement or this Participating Addendum.
1. Servicing Subcontractors:
The Contractor,at this time,will be using subcontractors to provide products under this
contract.
SMALL BUSINESS/DVBE-REQUIREMENT
Each Contractor must provide DGS with their subcontracting plan committing to 25%Small Business and
j 3%DVBE subcontracting under this contract.
SMALL BUSINESS/DVBE-TRACKING
State agencies are able to claim subcontracting dollars towards their small business or DVBE goals
whenever the Contractor subcontracts a commercially useful function to a certified small business or
DVBE. The Contractor will provide the ordering agency with the name of the small business or DVBE
used and the dollar amount the ordering agency can apply towards its small business or DVBE goal.
State departments are required to identify sub-contractors on individual purchase documents executed
against this master price agreement.
Revised 612011 Page 7 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
MASTER PRICE AGREEMENT
T-11-51-01
SMALL BUSINESS/DVBE -SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the
dollar amount of the subcontract award made by the Contractor to each small business or DVBE.
2, The Contractor will provide an ordering agency with the following information at the time the order is
quoted:
a. The Contractor will state that, as the prime Contractor, it shall be responsible for the overall
execution of the fulfillment of the order.
b. The Contractor will indicate to the ordering agency how the order meets the small business or
DVBE goal, as follows:
e List the name of each company that is certified by the Office of Small Business and DVBE
Services to which that it intends to subcontract a commercially useful function;and
a Include the small business or DVBE certification number of each company listed, and attach a
copy of each certification; and
® Indicate the dollar amount of each subcontract with a small business or DVBE that may be
claimed by the ordering agency towards the small business or DVBE goal;and
s indicate what commercially useful function the small business or DVBE subcontractor will be
providing towards fulfillment of the order.
By Signing below FASTENAL COMPANY agrees to offer the same Facility Maintenance, Lighting
Products, Industrial Supplies and Tools as on the State of Nevada contract#1862 at prices equal to or
lower than the prices on that contract. .
IN WITNESS WHEREOF,the parties have executed this Participating Addendum as of the date of
execution by both parties below.
State of Califo FASTENAL COM NY
By: BY Q /
/,-'N_a'me: Jim Butler Name. Lee Hein
Title: Deputy Director Title: Executive Vice President
Date: 7��ry �Dl1 Date: t 1
t I SERA
4
Revised 11/18/719 Page 8 of 8
EXHIBIT "W
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
VENDING FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL
AND SUPPLIES AND TOOLS
l"vety employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
1, am aware of the provisions of Section 37()() of the J,abor Code which requires every employer to
be insured against liability for W'orkers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code 1861"
J'asten Co pane
By: 1 . �//0/710 1-Z
77tin Alfrey, Distric i tat gcr Date:
1:1cai'd,ini\Ap-reements\FastenaI Cotripany.2012-002.DOC7