HomeMy WebLinkAboutContracts & Agreements_23-2014_CCv0001.pdf AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement for the provision of vending facilities, maintenance, lighting products,
industrial supplies and tools ("Agreement") is made and entered in this I'h
day of March, 2014
("Effective Date"), by and between the City of Redlands, a municipal corporation("City)" and
Fastenal Company("Contractor"). City and Contractor are sometimes individually referred to
herein as a"Party' and, together, as -Parties." In consideration of the mutual promises contained
herein,City and Contractor agree as follows:
ARTICLE I — ENGAGEMENT OF CONTRACTOR
L I City hereby engages Contractor to provide vending facilities, maintenance, lighting
products, industrial supplies and tools for City(the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
1.3 The term of this Agreement commences on its Effective Date and ends on February 28,
2017.
ARTICLE 2—SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall provide are more particularly described in Exhibits
"A"and-13" entitled "Addendum A Vendor contract between Fastenal Company and
WSCA dated March 1, 2011," and"WSCA Master Service Agreement"respectfully, and
shall be performed by Contractor in accordance with Exhibit -C,"entitled"California
Participating Addendum Master Price Agreement 7-I1-51-01," Exhibit"13", entitled
"Amendment No. I", and Exhibit "E", entitled-Workers' Compensation Insurance
Certificate," all of which are attached hereto and incorporated herein by reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in
the performance of this agreement including, but not limited to any applicable State of
California prevailing wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3,1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Dana Abramovitz-Daniel, Purchasing Servicing Manager, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
I
C:\Dcx�uments and SettingsWabramovitz.De,,;Ictop,lFastenaI agmvmmt Final 2.19.141W
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner as
reasonably requested from time to time by City. The Services shall commence
immediately upon the Effective Date of this Agreement.
4.2 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Contractor to
obtain a copy of such policy from City staff.
ARTICLE 5 — CONTRACTOR COMPENSATION
5.1 The total compensation for Contractor's performance of the Services shall be in the
amount of Fourteen Thousand Four Hundred Dollars($14,400) City shall pay Contractor
Four Thousand Eight Hundred Dollars($4,800)for each twelve(12) month period during
which the Services are performed. Payment for partial twelve-month periods shall be pro-
rated based upon a thirty(30) day month.
5.2 Contractor shall submit invoices to City describing the Services performed during the
preceding twelve (12) month period. Contractor's invoices shall include a brief
description of the Services performed and the dates the Services were performed- City
shall pay Contractor no later than thirty (30)days after receipt and approval by City of
Contractor's invoice,
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Contractor
Dana Abramovitz-Daniel John Soderberg
Purchasing Services Manager VP of Sales
City of Redlands Fastenal Company
35 Cajon Street, Suite 222 2001 Theurer Boulevard
P.O. Box 3005 (mailing) Winoma, MN 55987
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
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 to this section 5.3.
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 below is obtained by Contractor. Contractor shall
2
CADocunnent&and Settings\dabramvitz\Deikt(,IAFutenalt� -emmt Final 2.19.14,D}C
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty(30)days prior
written notice to City.
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 of the State of California, with an insurance carrier acceptable to City as
described in Exhibit E." entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars 61,(00,000)per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Contractor shall have business auto liability coverage, with minimum limits of One
Million Dollars($1,000,000)per occurrence, combined single limit bodily injury liability
0
and property damage liability. This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services,hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.5 Contractor shall defend, indemnify and hold han-nless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by, or the willful misconduct of,
Contractor, its officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
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 or
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 it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make or participate in:
3
C:\Docurnents and Settingsldabmniovit7-',DesktopqtistenaI agreement Final'.[9.14.DOC,
(i) the making or any City governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements:
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting or granting City approval of policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making
t"
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
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,
Statement of Economic Interests, with the City Clerk's 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.
83 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 all 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
4
CADkxuments and SeningsNdabratwvir7�dX�sktop\Fastenai;igrwment Final 11.19,14DOX
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 due 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
shall immediately discontinue its provision of the 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) of data, drawings, specifications,
reports, summaries and such other information and materials as may have been
accumulated by Contractor in performing the Services. Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.6 Contractor shall maintain books, 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 law, from the date of final payment to
Contractor pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Contractor.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, verbal or written proposals agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, ari,
amendment to this Agreement shalt 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 of the
State of California.
5
CADocurnents and Settings\dabramovitz,\L)�sktof�%FasteriaI agreement Final 2.19,14DOC
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS FASTENAL COMPANY
By:
Tina T. Kundig, Finance-Direct( By:
ohn'�oderberg �6
)r J V Sales
\-Ij
Attest:
Sam taxi` ,C' y Clerk
CADocnmenL-, 6
agrcernmt Final 2,19,14.f)(-7�
FAST Solutions- fln"SLd
Fastenal Automated Supply Technology Contract#1862
State of
EXHIBIT "A" State of Contract ED:
Addendum A
Vendor Contract Between
Fastenal Comganj 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("Customer")pursuant to the Vender Contract("Lead
State Contract#1962")executed by the parties on March 1.2011 and the California Participating Addendum Master Price
Agreement 7-11-5t-01.
Customer hereby grants Fastenal the exclusive right to install FASTENAL Vending Solutions(identified herein as rVS
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.
1) 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 timely service 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.
'I) Web Hosting Fee and Spend Expectation: All Web Hosting Fees are waived on this agreement for the period of 12 months from day of
install. The parties agree that Customer will work in good faith to increase its overall purchases of products from FASTENAL 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.
41 Title to Products,Risk of Loss and Taxes:
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 wilt be made by Customer as outlined in the Contract.
6) Prices:Prices are subject to the WSCA Master Service Agreement# 1862 and the California Participating Addendum Master Price
Agreement 7-11-51-011.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 if applicable.
7) Limitation of Liability:IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT,INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT,
INCLUDING,BUT NOT LIMITED TO,DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS
OR LOSS OF FUTURE BUSINESS OR REPUTATION,WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER
BASIS,EVEN IF IT HAS BEEN ADVISED OF THE POSSMILITY OF SUCH DAMAGES.
8) Warranty: Products sold through the FVS equipment shall be sold pursuant to the terms and conditions as set forth in the Contract.
Fastenal Company 2001 Theurer Boulevard,Winona,MN 55987
FAST SolUtionS" ww��
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 he applicable to the FVS units ordered herein.
Web HostinrFee and Spend Expectation: Customer shall be responsible for an annual Software fee per unit.The Software Fee described
below will be invoiced 90 days after FVS Installation date.Any annual Fees will be invoiced on each subsequent twelve month Installation
anniversary date.The parties agree that Customer will work in good faith to increase its overall purchases of products from FASTENAL at the
location of the FVS Units in accordance to the expected spend associated with 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.
Annual
Software
Fee
#of =($480 x#
Machine Type Units of Units
FAST 5000 5 $2,400
FAST Stand Alone Locker KeV 5 2 400
FAST Lockers *3 Door l2
*12 Door 16
*18 Door 2
Total for this order 1 41) 34.800
Existing Acct#CASAB0283 New Customer Acct#CASAB0839
Customer Name:City of Redlands
Physical Address of Machine: 1270 W. Park Avenue
City Redlands State CA Zip 92373 8162
Phone 909-798-7525 FAX 409 798-7522
Customer Contact Name Dana Abramovitz-Daniel
Customer Contact Email DabramovitzCo)cityofredlands.org
Customer Contact Phone 909-798-7525
Fax Completed Order Forret to Fasten!Solutions C4 507-494-3237
Exhibit ,C,r
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
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
subdtvisionstlocal 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)system, 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 CONOtMNS 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 T1413 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.
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-
25214.8.20(HSC§25214.8.10-§25214.8,20)]
b, 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 esions in C igmw
I'isA&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 stmil be identified as'Does not meet California Requirements,Cannot be shipped to
California*Exempted products shall state the reason the exemption applies Le.-Sokoy for
Industrial use.Potential health hazard:emits ozone.* 117CCR§94800-§9"101-Further
manufacturer and distributer information can be found at
hWz8w
-n--.aag& Vmy-tdag- ire mhim,
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
Revi"d&2011 Page 1 of 8
* �` ! ! M
i
• • # ! • ! � �
•
� w
i
' r ' ! ! s : " i� i • s s- #^: �t t m• .^t to
%=��c �.r ##: t •' '#.=at. .tel#) _is1'!. .t; ,� • # a#' s # s+ «i.:s!' ^s.t
r:, cais� • r•
:t #
t r f:: # # . # �.t t _ i. �• i��
♦t ♦e
# x�t - :#. t s-r -ti IIi-I ' b!City * *:s! :s±
(y+w .u� •» t: ' #. is rets r
s t t
t ' rr r- ♦ t• a # r # i i ' tt r: is ;.
# s r .t # _ a # 1 i1
i1: • t: _rt
#a a r r •t # •t # - tr
1 #: e : r t rt • • s:r. •e
# r # " # ''1 :r s
s
i�:rf l i�.ii *1 C:'R -• #ys 1% ! • # r#^ # .t
t
• ,t, r r r �.
s
t r t ~#: r Mt t: :•t': t t i .M#.
'#. t .# Yep . ' ♦� #:. t" t#' r t
r :f #.# t•• f t.
# t
s • ♦ ".# i i
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE(WSCAJ
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 meats and cerNw.A copy
of the certification must be supplied upon request if A 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 Caitfomia MRO mandatory contracts are
prohibited for sale under the WSCA contract. Ail 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 1-issue 20 20 40
Towels 40 40 80
...Paper Nalns 30 30 so
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 Caffomia 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
LOso shall be greater than 5,000 mg/kg or the LCso greater than or equal to 20mg/L at one hour.
Volatile Organic Content(VOC)limits may not exceed the maximum VOC limits rated 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 clSsrwrs must Identify
and Include In the catalog product description the percent VOC, percent total phospftus,
terpens and 9"ether free,percent concentradw,pH and LD$o(mg/kg)or LC90(mg/L).
Revised W01 I Page 3 of 8
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE(WSCA)
FACILITIES MAINTENANCE, LIGHTING PRODUCTS, INDUSTRIAL.SUPPLIES AND TOOLS
FASTENAL COMPANY
FASTER PRICE AGREEMENT
7-11-51-01
VCtC TABLE
Cleaner Type VOC
%by weight
axirnurn pLaLmissibieli
Dual Purpose Air Fresheners/Disinfectant
Ar3rosols 60
Bathroom ar'Ed T�Cleaners:
Non-aerosol 1
Carpet and Upholstery Cleaner-(dilutabies) 0.1
Disinfectant
24 ZS
Non-aerosol 1
Floor Polishes or Waxes:
ReadR"Ifent Flootino Mate� i
Non-resilient Flooring Materials �
General Purpose Cleaners
4
General Pu Non-aerosol 4
Degreasers 1
Glass Clean
12
Non-aerosol 4
Heavy-duty Hared Ciew wrs or,5oap 8
Laundry Prewash
88tsotstsoikfs 22
all other forms g
Meth PatstslCieanser ��
Santf zer
Aerosols 70
Non aerosol 1
iNood Cleaner:
Aerosols 7
Non-aerosol4 .
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(CACP)(GSPD-401 Non IT Corntnodltlos based on
Juno 8,2010 standard)for Westem States Contracting Alliances(WSCA)Facillifies
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 thele conflict with this WSCA agreement are listed in the bibla betow.
The two exceptions to this prohibition are when 1)the quantify being ordered is less than the
rninlinurtr order quantity required In the mandatory statewide contract Individual user
instructions,or 2)when a department obtains a€}G"D exemption approval. The State
departrnents are responsible for verifying product availability.
Revised& 011 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 Descri ion
1-10.62-31 California Earn Contract €Pant skigtitin
1S-06-51-02 Maintenan irf0 rations Industrial Supplies,Tools&HVAC
1S-06-79-55 Maintenance/Repair/Operations ,lan€#or€al&Electrical Supplies
IS-06-84-01 MaintenangtM €do 'oris S Supplies
1S-€I6-65 3Xt Ma€ntmance/Re air/O €ons Toitet Tissue
The State Contracts Indere Listing provides a centralized contract list of most leveraged
procurement agreements(Statew€des,Masters,WSCA)and can be accessed at:
tit a Lfi0ff documents dq Sr . ovf ltcort#lac Vqgntr „uex;; t€nci rti
Department users and WSCA contractors shall not encourage either parties to split orders to
circumvent the use of a mandatory statewide contract.
e. The CallIbmia General Provisions(CAGP)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.
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 orderty, 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:
Contrador 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
ad]ustroent to contractors WSCA pricing and not invoiced or charged to the purchasing entity.
Payment of the adminkArativa far by Contractor Is due regardtaes of status of
payments on orders from users to Contractor. Although repofft arra due on a monthly
basis,adminlabutive fase 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 t€maty basis shall constitute grounds for suspension of this
Revised&2011 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
7-11-61-01
agreement Report(s)and delivery will be in accordance with the following monthly
schedule.
Jan—Due Feb 15 May—Due Jun IS Sept—Due Oct'i 5
Feb-4)"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
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-\NSCA
707 Third Street,2nd Floor, MS#202,West Sacramento,CA 96605-2811
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:
Phone: (916)375-4389
Far. (916) 375-4663
L The primary Fastenal Company CUSTOMER contact for this Participating Addendum is as
follows:
FASTENAL COMPANY
Address: 2001 Theurer Blvd
—Winona, MN 55987
Conted: John
E-Mefl: 1§2&.d22Q111tWW.M
Phone: 507/313-7313
Fax: 507/494-7e69
Revised 61200 I 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
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 B INESMVSE QUIBgMENT
Each Contractor must provide DGS with their subcontracting plan committing to 25%Small Business and
3%DVBE subcontracting under this contract.
SMALL BU hlRE-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
Revi 6/20 If 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
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,A 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:
• 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
• 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
• 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:
Jim Butler Name. ee Hein
Title: —Deputy Director Title: Executive Vice President
Date, Date: C�o L
Saw=.
Awl
Revised 11/1 aff'19 Page 8 of 8
A
ft
ft
EXHIBIT 441y"
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATE CONTRACTING ALLIANCE (WSCA)INATIONAL
ASSOCIATION OF STATE PROCUREMENT OFFICIALS(NASPO)
AMENDMENT NO. I
FACILITIES MAINTENACE, LIGHTING PRODUCTS, INDUSTRIAL SUPPLIES AND TOOLS
FASTENAL COMPANY
COOPERATIVE AGREEMENT
7-11-51-01
Changes to Participating Addendum:
Section 3., Subparagraph k. Effective Dates:
Extend the contract through February 28,2017. Lead State amendments to extend the term date
are not automatically incorporated into this California Participating Addendum. If a mutual
agreement for contract extension cannot be met,the contract may be terminated unilaterally by
the State of California at the end of the current contract term.
Al!other Terms and Conditions remain the same.
IN WITNESS WHEREOF,the parties have executed this Participating Addendum as of the date of
execution by both parties below.
State of California Fastenal any
By: y CoLB 'ze�
Name: Jim Butler Name:
Title: -Deputy Director. Title:
Date: t Date:
Page 1 of 1
EXHIBIT "Eft
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
VENDING FACILITIES MAINTENANCE,LIGHTING PRODUCTS, INDUSTRIAL
AND SUPPLIES AND TOOLS
Every 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 by one or more 'insurers duly
authorized to write compensation insurance in this State.
J-)) 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.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be 'insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the prolvisions of that Code, and f will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
I'astenal Company
By:
John Sod Ferga, VP of S es
Date:
7
CADocurnents and SettitigsWabramovitilf)esktop\i�astenaI agreement Final'2,19.14DOC