ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
EIGHTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH FASTENAL COMPANY
(WAREHOUSE SUPPLY AND INVENTORY CONTROL/ VENDING MACHINE
PROGRAM SERVICES)
1. PARTIES AND DATE.
This Eighth Amendment to the Maintenance/General Services Agreement (Eighth Amendment”) is made and entered into this 3rd day of July, 2024 by and between the City of Corona (“City”) and Fastenal Company, a Minnesota Corporation (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Eighth Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated July 3, 2013 (“Agreement”), whereby Contractor agreed to provide Warehouse Supply and Inventory Control/ Vending Machine Program Services.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about July 1, 2014 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about June 17, 2015 (“Second Amendment”). City and Contractor entered into that certain Third Amendment to the Maintenance/General Services Agreement on or about July 20, 2015 (“Third Amendment”). City and Contractor entered into that certain Fourth Amendment to the Maintenance/General Services Agreement on or about July 1, 2016 (“Fourth Amendment”). City and Contractor entered into that certain Fifth Amendment to the Maintenance/General Services Agreement on or about March 29, 2017 (“Fifth Amendment”). City and Contractor entered into that certain Sixth Amendment to the Maintenance/General Services Agreement on or about June 26, 2018 (“Sixth Amendment”). City and Contractor entered into that certain Seventh Amendment to the Maintenance/General Services Agreement on or about February 19, 2020 (“Seventh Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the Eighth time to (1) extend the Term of the Agreement retroactively from July 3, 2013 to June 30, 2026; (2) amend the Compensation.
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ORANGE\DDERLETH\55191.2 PTEAM 03102022
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement and Amendments are hereby deleted in their entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from July 1, 2013 to June 30, 2026 (“Term”), unless earlier terminated as provided herein.
Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.9 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Compensation. Section 3.3.1 (Compensation) of the Agreement and Amendments are hereby deleted in their entirety and replaced with the following:
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C-2” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Four Hundred and Fifty Thousand Dollars ($450,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3 Continuing Effect of Agreement. Except as amended by this Eighth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Eighth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Eighth Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Eighth Amendment.
3.5 Counterparts. This Eighth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
EIGHTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH FASTENAL COMPANY
(WAREHOUSE SUPPLY AND INVENTORY CONTROL/ VENDING MACHINE
PROGRAM SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Eighth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Kim Sitton
Finance Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Reviewed By: _________________________
Scott Briggs
Lead Purchasing Specialist
Attest : _________________________
Sylvia Edwards
City Clerk
DocuSign Envelope ID: 7DE66737-5EE4-4612-9238-908B7455D412 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
EIGHTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH FASTENAL COMPANY
(WAREHOUSE SUPPLY AND INVENTORY CONTROL/ VENDING MACHINE
PROGRAM SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Eighth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
FASTENAL COMPANY
a Minnesota Corporation
By: _________________________
William Drazkowski
_________________________
(Insert Title)
By: _________________________
Charles Miller
_________________________
(Insert Title)
DocuSign Envelope ID: 7DE66737-5EE4-4612-9238-908B7455D412 Executive Vice President
Sr. Executive Vice President
ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT "C-2"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
DocuSign Envelope ID: 7DE66737-5EE4-4612-9238-908B7455D412 6 (BB&K: 9
-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
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-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
DocuSign Envelope ID: 7DE66737-5EE4-4612-9238-908B7455D412