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Reso 2021-3185
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Reso 2021-3185
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Last modified
7/28/2021 3:03:08 PM
Creation date
4/28/2021 10:18:49 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3185
Date (mm/dd/yyyy)
04/15/2021
Description
P.O. for unleaded fuel using fuel card program. State of Florida contract with WEX Bank.
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or terminate its use of the Master Agreement and/or any Participating Addendum entered into <br />pursuant to the Master Agreement. <br />4.5. EXECUTIVE ORDER 18-03 WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents <br />and warrants, as previously certified in Contractors bid submission, that Contractor does NOT <br />require its employees, as a condition of employment, to sign or agree to mandatory individual <br />arbitration clauses or class or collective action waivers. Contractor further represents and warrants <br />that, during the term of this Master Agreement, Contractor shall not, as a condition of employment, <br />require its employees to sign or agree to mandatory individual arbitration clauses or class or <br />collective action waivers. <br />4.6. INTENTIONALLY DELETED. <br />4.7. INTENTIONALLY DELETED. <br />4.8. QUALITY OF GOODS AND SERVICES. Contractor represents and warrants that any goods and services <br />provided pursuant to this Master Agreement, shall conform to this Master Agreement and <br />Cardholder User Agreement, and shall be provided in full compliance with applicable law. <br />4.9. NO EFFECT OF ADDITIONAL TERMS AND CONDITIONS. Other than the terms and conditions listed in Exhibit <br />E - WEX Forms and Specific Terms & Conditions, attached hereto, the terms of which shall govern <br />the parties' relationship with respect to the relevant subject matter, Contractor represents and <br />warrants that any Authorized Users agreement to "click through" or other terms and conditions <br />shall not be binding and shall have no force or effect as to the Services of this Master Agreement or <br />Participating Addendum, unless agreed to in writing between the parties. Without prejudice to first <br />sentence of this Section 4.9, the parties agree that the terms and conditions listed in Exhibit E do <br />not modify, amend or change the Master Agreement in any way and if there is a conflict between <br />Master Agreement and any of the terms in Exhibit E, Master Agreement will govern. The parties <br />agree that the "WEX Click Through Agreement" as set forth in Exhibit E shall apply with respect to <br />any Purchasing Entity's use of the WEX website, notwithstanding anything to the contrary in the <br />click -through terms and conditions that any Purchasing Entity shall click to approve in order to <br />access such website. <br />4.10. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully <br />with all applicable procurement ethics restrictions including, but not limited to, restrictions against <br />Contractor providing gifts or anything of economic value, directly or indirectly, to Participating <br />Entity's employees. Contractor further represents and warrants that it will do the equivalent for any <br />Participating State for which it executes a Participating Addendum. <br />4.11. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that It Is <br />registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration <br />system and that, all of its information therein is current and accurate and that throughout the term <br />of this Master Agreement, Contractor shall maintain an accurate profile in WEBS. <br />4.12. STATEWIDE PAYEE DESK. Contractor represents and warrants that, prior to conducting any transactions <br />under this Master Agreement, Contractor will register with Washington's Statewide Payee Desk, <br />which registration is a condition to invoice payment for the State of Washington. <br />4.13. MASTER AGREEMENT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants <br />that it shall use commercially reasonable efforts both to promote and market the use of this Master <br />Agreement with eligible Participating Entities and ensure that those entities that utilize this Master <br />Agreement are eligible Participating Entities. Contractor understands and acknowledges that <br />neither Enterprise Services nor any Participating Entity are endorsing Contractor's goods and/or <br />MASTER AGREEMENT No. 00819 - FLEET CARD SERVICES PAGE 6 OF 138 <br />
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