CM-12-10-215ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
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City Manager Approval Form
Consider executing a Master Service Agreement and Addendum A of the TXMAS State agreement with Fastenal Company for
the City's use of their vending products.
Item Caption:
Approval Date:
October 19, 2012
Department Name: Transportation Department
Project Manager:
Todd Keltgen
Assigned Attorney: Stev _ -ets
Item Summary:
This Master Service Agreement and Addendum a of the TXMAS State agreement with Fastenal Company is for the initial set up
fee of $300 for one (1) eighteen door supply cabinet. This supply cabinet has the capability to track the use of items stored in
each of the compartments. A daily report stating who checked out an item(s) and what was checked out will be sent to the
supervisor each day.
No. of Originals Submitted: One
Project Name: Master Service Agreement - TXMAS Contract # 11-51V020
Cost: $300
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 10/17/12
Department Director Approval: Gary Hudder Date: 10/15/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP r--1 Budget Purchasing ❑ El Accounting
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
tIl 15ollutions-
Fastenal Automated Supply Technology
State of Texas
TXMAS Contract # 11-51V020
WSCA Contract #1862
TXMAS & 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 Hosting Fee 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. 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 conrgurations.
Machine Type
#of
Units
Annual
Software
Fee
=($300x#
of Units)
FAST 3000
FAST 5000
FAST 5000 Lockers *3 Door
. nat-i
*12 Door
#s
*18 Door
1
* ' L
FAST Stand Alone Locker Key
Pad
*3 Door
RarA
*12 Door
.ter.,;
``
*18 Door
Total for this order
A: ._
300
Existing Acct #
New Customer Acct #
Customer Name:CAI AI G 12n,,4 goew cited"' LX•aaAdse
Physical Address of Machine: //O L.u-l&er Son pi.
City 12.4c.1... State Tx Zip ? 1'G4.f
PhoneSs&' .S it 35oq FAX $1z.• Zig- 700
Customer Contact Name M : r c Ac tetpta.et
Customer Contact Email M c&Ctc.rno.n e/'c�v�Aroex xc.s .510 ✓
Customer Contact Phone 51Z.3911.33a1
Authorized Fastenal Signature Title
Authorized Customer Signat � !/%� Title Mit& Date
5 Letter Store Code ✓✓✓
Date
District Manager
Fax Completed Order Form to Fastenal Solutions @ 507-494-3237
P/15! 5olutIons-
Fastenal Automated Supply Technology
State of Texas
TXMAS Contract # 11-51V020
WSCA Contract #1862
Addendum A
Vendor Contract Between
Fastenal Company, TXMAS 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 #1862") executed by the parties on March 1, 2011.
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.
1) Ownership: Fastenal shall maintain full and exclusive ownership of all FVS equipment. Fastenal retains the right to terminate and remove
the FVS equipment 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.
2) Web Hosting Fee and Spend Expectation: Customer shall be responsible for a $300 annual web hosting fee per unit. 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.
4) 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 will be made by Customer as outlined in the Contract.
6) Prices: Prices are subject to the TXMAS Contract #11-51V020 and the WSCA Master Service Agreement # 1862. 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: W 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 POSSIBILITY 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.
Customer Authorized Signat
Title:C1i Oar( 1 Date/ 19 - -
Fastenal Signature: Title: Date:
Fastenal Company 2001 Theurer Boulevard, Winona, MN 55987