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HomeMy WebLinkAboutReso 2011-1661 RESOLUTION NO. 2011- IL,/~ L- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE PURCHASE OF UNLEADED FUEL USING THE WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION FUEL CARD PROGRAM, ATTACHED HERETO AS EXHIBIT "A", PIGGYBACKING FROM STATE OF FLORIDA CONTRACT #973-163-10-1; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently the City of Sunny Isles Beach utilizes Miami-Dade County's fuel station located at 15665 Biscayne Boulevard to fuel the City's fleet; and WHEREAS, in a search for more conveniently located fueling stations and pricing, staff approached Wright Express who recently negotiated a competitive contract with the State of Florida for a fuel card program; and WHEREAS, their program allows fueling at more than 8,500 gas stations in the State of Florida, four of which are located within the City limits; and WHEREAS, their pricing is calculated by the pump price less 1.45% discount and then less the excise tax of .182851 per gallon; and WHEREAS, this program also provides for online access to monitor, control, and manage fuel purchases/consumption; and WHEREAS, City Code Section 62-13(C) provides the authority to access a competitively solicited contract from any other governmental organization; and WHEREAS, the City wishes to enter into an Agreement with Wright Express Financial Services Corporation for the purchase of unleaded fuel through their Fuel Card Program by piggybacking the State of Florida Contract #973-163-10-1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with Wright Express Financial Services Corporation for the purchase of unleaded fuel through their Fuel Card Program, attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager or Designee is hereby authorized to execute said Agreement and to do all things necessary to effectuate this Resolution. R20 11- Unleaded Fuel Wright Express Financial Srvs CorpPagc I of 2 Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of January 2011. ~ ATTEST: ~ ~ clJ~ Jane A. Hines, CMC, City Clerk ) Vote: S.t> Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl --.My es) ~Yes) 0Yes) V(Y es) V(Y es) Moved by: ~~ S<'~L\... Seconded by: 'flu.. M.~~PrL~ _(No) _(No) _(No) _(No) _(No) R20 11- Unleaded Fuel Wright Express Financial Srvs CorpPagc 2 of2 I I ADDENDUM TO THE FUEL CARD SERVICES AGREEMENT BETWEEN WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION ("\VEX FSC'') AND THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (the "STATE") CREDIT INFORMATION Participating Entity agrees that in the event the account is not paid as agreed, WEX FSC may report the undersigned's liability for and the status of the account to credit bureaus and others who may lawfully receive such information. Participating Entity Phone # Business Name and Physical Address (Do not include PO Box) In BusirlE!ss Since (yyyy) Year of Incorporation (yyyy) Write Participating Entity name as you wish ~ to appear on cards. limit of 20 characters & spaces. Unless specified, no company name will appear on cards. DDDDDDDDDDDDDDDDDDDD Billing Contact Billing Address City ZiP+4 Designate the Reet Contact authorized to receive all charge cards, reports, and other such information we provide from time to time and to take actions with respect to your account and acco~t access. This is also the person designated by your company to provide all fleet vehicles, driver and other information we may request. Authorized Fleet Contact Name Title Phone # Fax # Mailing Address (W cifferent from billing address) City State ZiP+4 Email address (required to take advantage of product type card controls) card Controls: To help us estimate your credit needs, indicate the types of cards you anticipate using. II you provide a valid email address above, you can select Irom these product type options: o All Products 0 Fuel & service 0 Fuel & Fluids with Roadside Assistance 0 Fuel with Roadside Assistance 0 Mix of card types o Check here if business is exempt from motor fuels tax TERMS DEFINITIONS: "Agreemenr means: Contract No.973-163-1o-1 effective Auaust 6,2010 for Fuel Cards and Fuel Management Services (the "Agreement") between the State of Florida Department of Management Services and WEX FSC. "Participating Entity" shall mean the Participating Entity as defined in the Agreement permitted to purchase services under the Agreement, as specified in the Credit Information above. All other capitalized terms used in this Addendum without definition have the meanings set forth in lhe Agreement. AGREEMENTS OF WEX FSC AND PARTICIPATING ENTITY: 1. This Addendum is to allow the Participating Entity to participate under the Agreement between WEX FSC and the State. It does not modify, amend or change the Agreement in any way. 2. Participafing Entity represents that it Is authorized or allowed by the laws of its home state to enter into this Addendum and to participate under the Agreement. 3. Participating Entity hereby requests the services of WEX FSC described in the Agreement and agrees to pelform all duties 01 a Participating Entity under the Agreement, including, without lim~atiOn, payment of all charges on its account(s) within the time periods provided under the Agreement, payment of any fees provided in the Agreement, and cooperation with respect to providing all necessary information for the administration of the Agreement. Participating Entity agrees to be bound by the terms and conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards, disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Participating Entity's account. 4. Participating Entity acknowledges that its failure to make timely payment In accordance with the terms of the Agreement and/or the Addendum may result in suspension or cancellation of the account(s). The undersigned represents and warrants that he/she is duly authorized to execute this Addendum on behalf of the Participating Entity and this Addendum is the valid and binding obligation of the Participating Entity, enforceable in accordance with its terms. INFORMATION SHARING DISCLOSURE: Information regarding your transactions may be provided to the State, accepting merchants or their service providers to facil~ate diSCounts or other promotional campaigns of interest to you. U.S.A. PATRIOT ACT: Our bank complies with Section 326 of the USA PATRIOT Act which requires all financial institutions to obtain, verify, and record information that identifies each company or person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents for your business. DISCLAIMER: THIS IS AN APPUCATlON FOR SERVICES AND SHALL NOT BE BINDING UPON WEX FSC UN11L FINAL CREDIT APPROVAL HAS BEEN GRANTED BY WEX FSC. Date: Complete and sign addendum. Fax to 1-800-831-4019. Oppty Number Sales Code 10900154 Account Number 04 ~'t 1'1' ljJ '\ C>> 04.ADDEND.CRDAPP (11/00) CONTRA.CT BETWEEN FLORIDA DEPARTMENT OF MANAGEME1\'T SERVICES AND Wright Express Ymancial Services Corporation This Contract is by and between the State ofFloricla, Department ofMana,,"CIIleJlt Services (Department), DivisiOn of State Purchasing (Division), an ~crc:ncy of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Wright ~eSs Financial Services CorpOration (~ontractor or"Wright Express). , . Whereas, the Contractor replied to the Division's Invitation to Negotiate (ITN), No.:' 15-973-163-X - Fuel Card Services; . . Accordingly, and in consideration of the mutmI.l promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract. 1.0 SUMMARY OF 1HE COl\'TRA.CTUAL SERVICES / SCOPE OF WORK This COntract is to provide a Fleet Fuel Card Program for V chicle Fleets owned by state agencies and Eligible Users in the State of Florida. The Fleet Fuel Card will be built on a Univei-sal PlatfOIm. The 'Fleet Fuel Card Program will ~clude the purchase of Fuel and. any commodity and/or service for immediate use by the Eligible User to maintain .daily operation of their vehicle fleet Also, the Fuel Card may be used at Marinas and/or Airports as allowed for'Marine Fleets and/or .A,ircraft Fleets. 'The Department seeks to 'improve quality and efficiency of services deli~ improve Eliglble User smices and reduce cost. . . 2.0 DEI.J.VER..o\BLES . Florida Department of Transportation (FOOT) Bulk Fueling Sites . Within 45 days of-contract execution, :a>GT and Wright Express will develop policies and procedures for transaJ::ti.ons occnning at FDOT owned: b~ fueling sites. Fuel Price Mapping VlEXOnline contBins a real-time fuel price mapping feature that allows flee~ to see fuel price infannation based on recent Wright Express cardholder transactions at accepting merchant locations. This pric.ing iDfonnation is fed into maps which include both . satellite and standard map views. Results are updated with the most recent Wright fu.'press transactions, showing you wbich stations have had the lowest prices'in the area of YOUI' search. No prices older than SC'.(eIJ. days are presented. Search criteria inclu~ address, city, state, zip'code, brand and PPG. FUel Site Mapping Mobile Application . The Fuel Site Mapping Mobile tool is a mobile application that allows users to enter into a web enabled mobile device (i.e. Blackberry, iPhone) their current IOCatiOll via GPS,.zip' code or address, as well as desired fuel type arid search radius. . The application returns a list of accepting merchants with address, distance from cur.rent loca:tion, and date and time of the last price per gallon for . e. ' .. obtains results from the Contrad:No.: 973-163-10-1 . Page 1 ciS tfU.. fJ If)) ~ub most recent Wright Express ,authorization data from accepting merchants. No prices ' older than seven days ar~ presented. Reporting Dashboards Wright Express will provide the Department a reporting dashboard that will show key . indicators of the program's performance. It is expected that this could include approximately 8-10 canneo reports, with the ability to conduct ad hoc reporting 'as needed. Wright Express will work with the Department within the first 60 days after ,contract eiecution tQ gather requirements for these reports, and provide a date for :first delivery of these reports based on development needs and complexity. DisCDUDt Wright Express will provide; a discount ofl45 basis points (1.45%) off all Monthly Retail Transactions charged to a contract user's accoUIlt prior to submitting the monthly invoice. International Transactions Discounts for intemational transactions shall be paid at a rate of 500A, of the applicable Discount Percentage. ' Definitions "Montbly Retail Transactions" shall mean the total amount of all purchases made using . Universal Cards at retail (not bulk or private site) locations that appear on invoices provided to you in a calendar month. Monthly Retail. Transactions shal1 not inc1ode: (i) those amoUDts representing ,credits, disputed items, fees, late fees or charges posted to your accounts (such as returned check fees, co.llcction costs, administrative fees- and reporting fees), or (ll) any amounts posted to an accOunt with respect to which a Card has been reported lost or stolen. Due to billing cycle cut off dates and monthly calendar variances invoices received by you in a given month may contain transactions from the previous month 8DIi they rpay not contain all transactions that occurred during the month in which you were invoiced. The service deliverables above are included in the contract at no additional charge. See Section 4.04 for additional Contract deliverables. OPTIONAL COI\"TRACI PRODUCTS The following products may be utilized as part of this contract based on the needs identified by individual Eligible Users. Additional fees, terms and conditions may apply: , National Roadside Assistance The Wright Express card offers national .roadside assistance designed to decrease downtime, organize and improve th~ administration of road services. ;md reduce costs. Access to roadside assistance is free of charge (no membership required), but there is a cost for eacb incident based on the services utilized. Our program' provides your drivers with a reliable, toll-free, 24-hour, 365 day a yc;ar provider of high -quality roadside ~Ce program. Contract No.: 973-163-10-1 Page 2 of5 ~(~' t [C.,OJ ,~J, H i!JJ Services Include: . Towing . Mechanical first aid . Jump start . .Tire change . Lockout assistance . Fuel and water delivery Roadside ~tance transactions will be reported by vehicle. Through your reporting, you will.be able to track yom service expenses and mAint~in control over fleet costs. By using Wright Express; you'll get the benefit of pre-negotiated services rates with contracted garages therefore eliminating the need to.. search for reputable providers or . send out multiple payments at the end of the month. .' WEXSmart2711 WEXsMAJrrf'M is a GPS wireless vehicle management system that helps customers control fuel and maintenance costs, track driver behavior, increase producti~, and JIllIIIage risk. Utilizing GPS apd wireless communications technology, Wright Express' WEXSMARJTM gives managers real-time access to vehicle position, speed, and engine- operating conditions, through any intmnet connection. Managers can confi.,oure alerts and schedule reports that ensure driVCl'S are where they should be, operating safely, 'and . vehicles are in top operating condition, using fuel efficiently; Price Risk Manll!!ement With Prieelock's Universal Retail Price Protection program, you can be on your way to guanurteed budget predictability l\Ild control in three simple steps: . 1. Lock in protection by estimating the number of gallons of fuel at a daily price for yom area Buy the option to purchase a specified number of gallons (minimum 42,000 per plonth) at a locked-in price for a specified te!:Dl. . . .2. Swipe and pIDDp with peace of mind. Fuel your vebk:les at more than 135,000 stations nationwide for the specified period of purchase. You are protected if prices go up beyond your option price. Enjoy the benefit onower pri~es iffuel drops below the locked option price.' . 3. ~e your fuel either by reviewing customized monthly statements prm>i.ded by Pricelock or by visiting Pricelock.com to manage your committed gallons, review historical and current market trends and gain insight into factors that may influence fuel costs thus affecting your.future purchasing decisions. Contract No.: 973-163-10-1 Page 3 of5 A\ \': R 173'> ~~ U Ji.:).) 3.0 SUMMARY OFPEANALTY FOR FAn..URE OFCONTRACI'OR TO MEET DELlVERALBES .SeePUR 1000 Section 23 (Termination for Cause) for details. 4.0 EFFECTIVE DATE This Contract shall begin on the last date in which ~ is signed by all part1:s, whichever is later. 5.0 EXPIRATION DATE , This Contract shall expire 5 years from the effective date of the Contract, unless cancelloo earlier ,in accordance with its terms. 0.0 RENEWAL Upon mutual written agreement, the Department and the Contractor may renew the Contract for 5 additional years pursuant to the provision of PUR 1000 Section 26. , 7.0 INTELLECI'UALPROPERTl' . The parties do not anticipate that any i:nteIlectual property will be developed as a result of this contr~. However. any preexisting software, or other work of authorship used by Contractpr, to create a Deliverable but which exists as a work independent1y of the Deliverable, shaIl1'elIl8.in the property of the Contractor. 8.0 PREFERRED PRICE , The Contractor agrees to submit to Customer at least annually an affidavit from lII\ authorized 'representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) ofform PUR 1000. 9.0 TRANSITION If. at aity time, this Contract is canceled, torJ:ninatcd or otherwise cxpD:es, and a Contract is subscquontly Cxccuted with a firm other than the Contractor. the ContraCtor has the affinnative obligation to assist in the smooth transition of Contract services to the subsequ:nt Contractor, including providing documents BIld information not otherwise protected from disclosure by law and other reasonable requests'made by the CoIrtract Administrator. 10.0 COJo.'TRA.CT DOCUMENTS This Contract, togctlier with the fonowing documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of this Contract shall control. If a conflict exists among any of the documents. the documents shall have priority after the contract dOCUIDcnt in the order Ii~: A. !TN No.: 15-973-163-X (the solicitation docnment - amendments thereto take precedence). B. Contractor's Response to the ITN. 11.0 CONTRACT MA.,l'lAGEMENT A. Contract Administrator The Dep~emt employee who is primarily responsible for maintaining the Contract administration file 'shall be as follows: David A. Bcnnett: Division of State Purchasing Department ofMallageme.nt SC!rvices, CcmtractNo.: 973-163-10-1 Page 4 of 5 It\) I;: Ii">> I) Ii 0) 4050 Esplanade Way. Suite 360 TllllAh...see, FL 32399-\l9~O Telephone: (850) 921-4072 Fax: (850)414-6122 E-mail: David.Bennett@dms.myflorida.com The Department may appoint a different Con1l1lCt. AdminisIrator. whic:h shall not constitute an amendment to the Con1:ract, by sending written notice to Contractor. Any comm1D1ica.tion to the Department relating to the Contract shall be addressed to the Contract Admipistrator. a Con~rsReD~tive Sharon Linnane, GovCmImlIlt Accopnt Manager Wright EXpress Corporation 97 Darling Avenue South Portland. Maine 04106 Telephone: (941)761-0000 Fax: (207) 523-6377 E-mail: sharonlinnane@wriehteA.Jlress.com With a copy to: General Counsel Wright Express Corporation 97 Darling Avcnue South Portl.and. Maine 04106 Telephone: (207) 523.7366 Fax: (207)523-6377 State ofFIorids Department of Management Services ApproVed as to form aDd legality . by the Department General Counsel's Office By, AYe- ~~/tP tA'4/~ Y(~.AA~ Date Auauf\f ,~) ?j}(1'J nateJ Wright .Express Financial Services Corporation APPROVED AS TO FORM OO-L-- .k~5.L--J~ Signature Kirk S. Weiler, President and CEO Print Name Sf S--(l.,. Date Contract No.: 973-163-10-1 Page 5 ofS f1\\ 110 t';\ \.. , 1")/ Io} { ~}) Invitation to Negotiate ONuDlber: 15-973-163-~ For Fuel Card Services !TN Issue Date: January 19, 2010 Replies Due: February 9,2010 AT 2:00 PM EST Contract Tenn: Five Years with Five Year Renewal Option Division of State rurchasing Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399 ".~ ~. ~)l\ : t) ~.J! dB TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 SPECIAL INSTRUCfIONS TO RESPONDEI''TS 3.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PURIOOl (10106)) 4.0 STATEMENT OF WORK 5.0 SPECIAL CONDmONS 6.0 GENERAL CONTRACT CONDITIONS [pURlOOO (10l06)} 7.() !TN QUESTIONS AND REQUIREMENTS 8.0 FORMS [The remainder of this page is Intentionally left blank (other than footer information)] Y'U'. \:: II j{)) tJ (j J.!..:)J I PART ONE: INTRODUCTioN 1.1 PURPOSE AND SCOPE The State of Florida, Deparlment of Management Services (the Department), invites interested Respondents to submit Responses in accordance with the solicitation documents. The purpose of this solicitation is to establish a five year State Term Contract for Fuel Card Services with the potential for a five year renewal option. The intent is to obtain the most cost effective Fuel Card Services for the State while maximizing the quality and level of service. The Department is seeking qualified Respondents to provide for the purchase of Fuel and other services to maintain daily operation of Customer fleets throughout the contract period. Qualified companies must have the capability to perform and complete the services in all respects in accordance with the solicitation documents. 1.1.1 The Department anticipates awarding a contract to the responsive and responsible Respondent whose proposal is assessed as providing the best value. 1.1.2 The Department anticipates that the resulting contract will be (i) the exclusive Fuel Card for State agencies, and (ii) a non-exclusive Fuel Card for other Eligible Users. 1.1.3 The term "Eligible Users" means (i) all 34 State agencies, (ii) all other governmental agencies, as defined in Section 163.3164, Florida Statutes, which have a physical presence in the State of Florida, and (ill) any independent, nonprofit college or university located in Florida and accredited by the Southern Association of Colleges and Schools. 1.1.4 The contract shall be in effect for five (5) years from the date of execution. 1.2 HISTORY The current State Term Contract with Comdata has an estimated lI1l1lual spend of$50 million. The cuxrent program has approximately 28,000 cards. During the calendar year of 2009, there were approximately 176 eligible user accounts executing over 1,500,000 transactions at over 11,000 locations throughout the State. These estimated figures are provided as a historical reference of prior activity within the State and should not be interpreted or construed as representing future activity , [The remainder of this page is intentionaU)' left blank (other than footer information)) q~ I~ 't~ II iU) I'.,~ II t)) 1.3 COI\'T ACf PERSON The following person is the Department's SOLE point of contact from the date of release of this !TN until selection of a successful provider. David A. Bennett, CPPO, FCCN, PMPGll Project Manager Division of State Purchasing 4050 Esplanade Way Tallahassee, Florida 32399 Telephone: (850) 921-4072 Fax: (850) 414-6122 Email: David.Bennettt.iildms.MvFlorida.com Questions regarding this ITN must be submined via the Q&A Board in accordance with Section 2.5. Any technical questions relating to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 1~866-FLA-EPRO (1-866-352-3776) or vendorheh>@myfloridamarke1p1ace.com. 1.4 TIMELINE IT IS STRONGLY RECOMMENDED THAT YOU SUBMIT YOUR RESPONSE AS EARLY AS POSSIBLE. You SHOULD ALLOW TIM.E TO RECEIVE .Io.NY REQUESTED ASSISTANCE AND TO RECEIVE VERIFICATION OF YOUR SUBMITTAL; WAITING S J 18 UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT THE TIMELY SUBMITTAL OF YOUR RESPONSE. DO NOT RELY ON THE "MYFLORlDAMARKETPLACE" SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN THE EVENT TIMELINE OF THIS ITN. [The remainder of this page is intentionaIl3' left blank (other than footer informatiDn)] ~c ~ ( 1~.11 \:t (i i;-,,<'\ .,~.. iJ ~.d 2.4.5. I :PART TWO: SPECIAL INSTRUCTIONS TO RES.PONDENTS 2.1. DEFINITIONS The definitions found in Part Three of the ITN shall apply to this Part Two. 2.2. 2.2.1. ORDER OF PRECEDENCE Respondents are encouraged to carefully review all materials contained herein and prepare Responses accordingly. In the event any conflict exists between the Special and General Instructions, the Special Instructions shall prevail. In the event any conflict exists between the Special and General Conditions, the Special Conditions shall prevail. All Responses are subject to the tczms of the following sections of this ITN which, in case of conflict, shall have the order of precedence listed: a) 1TN Amendments or Addenda (see Section 2.7) b) Introduction c) Statement of Work and Technical Specifications d) Special Conditions e) Special Instructions f) General Contract Conditions (pUR 1000) g) General Instruction to Respondents (pUR 1001) h) Respondent's Response 2.2.2. 2.3. 2.3.1. WHO MAY RESPOND Each Respondent must be authorized to conduct business with the State of Florida, meet the Technical Requirements, and possess the experience and personnel resources to provide the service described in this !TN. The Department retains the right to request additional information pertaining to the Respondent's ability and qualifications to accomplish all services described in this ITN as deemed necessary dming the ITN or after contract award. 2.3.2. 2.4. 2.4. I. MYFLORIDAMARKETPLACE OVERVIEW The Department uses the MyFloridaMarketPlace system (the System) to receive Responses electronically, through the MyFloridaMarlcetPlace Sourcing tool. MyFloridaMarketPlace Sourcing Tool Tips: When working in the Sourcing tool, be aware of the twenty minute time-out function in the tool. This means that you should save your work (click the SA VB button) at intervals ofless than twenty minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing tool only saves your I1N Responses. The SAVE button does not transmit your !TN response to the State. In order to transmit your 11N response to the State, YOll must click the SUBMIT button on the SUMMARY page of the ITN response, After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted response within the Sourcing tool to verify that the response is accurately and completely captured within the Sourcing tool. Respondents must do this while there is sufficient time remaining in the Solicitation period so that if you discover an error, you will have time remaining to submit a revised response. To validate your response, you should do the following before the Solicitation period ends: 2.4.2. 2.4.3. 2.4.4. c '".'" " I') t if)) i/ JUJ a) Go to My Responses tab within Sow-cing tool aftcr you submitted your response. b) Click on the Response ill number ofyow last submitted response. c) Review Responses to make sure all Responses are complete, accurate and as you intended to submit. d) Minimum areas to check are: i. Text boxes - Is your entire answer viewable? ii. Yes/No questions - Is the displayed answer correct? iii. All uploaded document files / scanned docwnents - Can you open attached document and clearly view entire content? iv. Required Items. Are all items completed as required within the Sourcing tool? 2.4,6. It is strongly recommended that you submit your response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your response. Do not rely 011 the ''MyFloridaMarketPlace'' Sourcing tool's time remaining clock. The official solicitation closing time shall be as reflected in the event Timeline (Section 1.4) of this ITN. 2.4.7. Entail Notification: Respondents are reminded that the SoW"Cing tool's emajl notifications are an option provided to Respondents as a coW1eSy. The State of Florida is not under any obligation and does not guarantee that Respondents will receive email notifications concerning the posting, amendment or close of ITNs. Respondents are responsible for checking the MyFloridaMarketPlace Sourcing tool and / or the Vendor Bid System for infonnation and updates concerning this I1N. 2.4.&. MFMP Sourcing Tool Training for Respondents: Respondents are strongly encouraged to download the document titled RFP Event User Guide. Please go to http://marketplace.myflorida.comlvendol'/veDdor _ solicitation~he)p.btm and click on RFP Event User Guide. 2.5 QUESTIONS & ANSWERS Respondents shall examine tbis solicitation to determine if the Department's requirements are clearly stated. If there are any requirements which are unclear or objectionable, Respondents should submit DOtice to the Department using the Sourcing tool's Q&A Board by the due date for Respondents to submit questions listed in the Timeline. Do not contact the Project Manager or Customers directly. If the Respondent is requesting a change in the terms of the solicitation, Respondents must do the following: 1. Identify and describe in detail any difficulty in meeting the Department's specifications 2. Provide a detailed justification for a change 3. Provide the recommended chang~s to the specifi~ations A Respondent's failure to request changes by the date described in the Introduction (Section 1) of this solicitation shall be considered to constitute Respondent's acceptance ofthc Dcpartment's specifications. The Department shall determine what changes to the solicitation shall be acceptable to the Department, if any. If required, the Department shall issue an addendum reflecting the acceptable changes to this solicitation, which shall "1 0\ fi f7J'\) ''''''. r;~~\ l~i I~;) be posted as an addendum to the solicitation in the Sourcing tool and on the State's Vendor Bid System in order that all Respondents shall be given the opportunity of submitting Responses to the same specifications. Please note that questions will NOT be answered via telephone or fax. The Department shall post the answers to the questions via th~ System by the date stated on the Timeline. Each Respondent is respotlSlble for monitoring the System for new or changing information. New communications will be posted within the Message Center on the System. The Department shall not be bOlDld by any verbal information or by any written information that is not either contained within the solicitation documents or formally noticed and issued by the ITN sole point of contact QLlestions shall not constitute formal protest of the specifications or of the solicitation. The formal protest process is descnDcd in Part Three, Section 20. 2.7 AMENDMENTS OR ADDENDA TO THE rrN DOCUMENTS The Department reserves the right to issue amendments or addenda to the solicitation. Notice of any amendment or addenda will be posted within MyFloridaMarketPlace using the message board and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation. Each Respondent is responsible for monitoring the sites for new or changing information concerning this solicitation. :z.s RESERVATIONS The Department reserves the right to reject any and all Responses received pursuant to this Invitation to Negotiate, if the Department determines such action is in the best interest of the State of Florida or the Department. The Department reserves the right to negotiate concurrently or separately with competing Respondents. The Department reserves the right to accept portions of competing Respondent's Responses and merge such portions into one project, including the inclusion of the entity offering such portions. The Department reserves the right to waive minor irregularities in submitted Responses. 2.9 ORAL PRESENTATION AND PROJECT MANAGEMENT The Department resc:rves the right to require any Respondeot to perfoIm, prior to the selection of Respondcct(s), an operational demonsttation and an oral presentation on any hardware, software or plOfessional services included in its Response. If the Department dcteImines that an operationBl demonstration and oral presentation are necessary, the Depar1mCllt shall schedule the presentation. A writla1 summary of the opcnIlional demonstration and oml prescotation prepared by the Respondent shall be regarded as confumation of this requiremccI: and shall become part of the Respondent's response. A list of attendees m:1 copies of the agenda and all visuals should ~y the written SU1llIIl3I)'. The inability of the Respondent to conduct the operational dmlonstration and om] pl~lion within ten (10) days ofwritten notification by the Department ~in disquaIiiicatio The Respondeat should assign a Project Mana"acr to this~. The Project Manager should be present at the operational dc:monstration and oral prese:ntl.tion. The Project Managa- should be certified by the Project Management Institute (PM!). o I{~ :'1) II "~ :r "), ~ .~ tL... 2.10 DISCLOSURE OF RESPONSE CONTENTS All dOCIl{T1~ produced as part offhe Invitation to Negotiate will become 1he exclusive property of the Department and may not be removed by an employee or agent of !be Respondent. All Responses will become the property of the Dc:partmcnt and will not be returned to the Respondent The Dc:partment shall have the right to use any or all ideas or adaptalioos of the ideas presented in any Response. Selection or rejection of a Response will not affect this righL 2.11 RESPONSE EV ALVA TION AND SELECfION PROCESS A. In determining whether to select or reject a Response, the Department will consider and evaluate all information submitted in response to this TIN, including infunnatjon presented during oral presentation, if required; and to this extent, each requirement for solicited infonnation is an evaluation criterion. Responses that do not contain all the required infonnation may be considered non-responsive and may be rejected. In its assessment of RespOIlSeS, the Department will analyze the infonnation. submitted in relation to the information requirements and evaluation criteria of this TIN, the applicable provisions of the Florida Statutes, and the Florida Administrative Code, and will compare each Rt:spome to the other Responses submitted and rank those Responses that are responsive and responsible. The Department may then select one or more Responses for further consideration, or may reject all Responses. B. Selected Respondent(s) will be invited to provide more detailed clarifications of their Responses, to provide interactive presentations of the Responses, and to enter into negotiations with the Department. Based on the clarifications, presentations and negotiations, the Department will either (i) award the contract to the Respondent who provides the best value for the Of:partmcnt and the State, or (ii) reject all Responses. The Department reserves the right to negotiate concurrently or separately with competing RespondeIIt(s). 2.12 EVALUATION CRITERIA Respondents will be evaluated on the basis of the infunnation they provide 1.IDder Section 7 of this ITN. Criteria the Department will consider includes, but is not Limited to: 1. The eA'tent to which the Response illustrates the Respondent's project understmding, and prior experience (both government and non-government) for projects similar in type, size, and complexity as the Fuel Card Services Program. 2. The Respondent's ability demonstrated through its organization, its technical and managerial qualificatioDS and skills, the staffing level proposed, its facilities, and other resources available to satisfy the proposed Fuel Card Services Program.. 3. Any financial incentives to the Stare. 1\ riO''" ~.: li'\\ '\;; I 0,)' ~.:r. 1;.]\ - 'J !L.:1 Contents 1. DefinltioDS. 2. General Instructions. 3. Electronic Submission of Responses. 4. Terms and Conditions. 5. Questions. 6. Conflict ofInterest. 7. Convicted Vendors. 8. Discriminatory Vendors. 9. Respondent's Representation and Autborization. 10. Manufacturer's Name and Approved Equh'alents. 11. Performance Qualifications. 12. Public Opening. 13. Electronic Posting of Notice of Intended Award. 14. FIl"DI Response. 15. ClarificationslRevisions. 16. Minor IrregularitieslRigbt to Reject 17. Cootract Formation. 18. Contract Overlap. 19. Public Records. 20. Protests. 21. Limitation on Vendor Contact with Agency During Solicitation Period 1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The followin~ additional terms are also defined: (a) "Buyer" mea~ the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting pcrSOJIIlel, as identified in the Introductory Materials. . (e) "Respondent" means the entity that submits materials to the Buyer in accordance with these . Instructions. Cd) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials_ 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 3. Electronic Snbmission of Responses. Respondents are required to submit responses eleCtrcimcal:ly. For this-purpose, all references herein to signatures; signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: In (~ Ii I(~ '(,.. !! D · an electronic signature on the response, generally, · an electronic signature on any form or section specifically calling for a signature, and · an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses arc subject to the tcmlS of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: · Technical Specifications, · Special Conditions and Instructions, · Instructions to Respondents (pUR I 001), · General Conditions (pUR 1000), and · Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional tenns or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 5. Questiooi. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the TimcIine. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or fonnally noticed and issued by thl: Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer p~onnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 7. Convicted VeJldors. A person or affiliate placed on the convicted vendor list following a conviction Jor.B ,public entity_ crime. i& prQmb.i~. fu>~ go~g any of th.~ following fC!r a Reriod of 36 months from the date of being placed on the convicted vendor list: · submitting a bid on a contract to provide any goods or services to a public entity; · submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; · submitting bids on leases of real property to a public entity; " (~' i: ii") ~:J Jl Li1 r---. -. I I I · being awarded or performing work as a contractor, supplier, subGontrsctor, or consultant under a contract with any public entity; and · transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.1 34 of the Florida Statutes may not: · submit a bid on a contract to provide any goods or services to II public entity; · submit a bid on a contract with a public entity for the construction or repair of a public btrilding or public worle; · submh bids on leases of real property to a public entity; · be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or · transact business with any public entity. 9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). · The respondent is not currently under suspension or debarment by the State or any other governmental authority. · To the best of the knowledge of the persoD signing the response, the respondent, its affiliates, subsidiaries., directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on an)' pUblic contract · Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. · The: submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. · The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitatiOIl opening. · The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defmed in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law inv0lving. fra1:1d, bribery; cellusi<m, .conspiracy-or material.misrepresentation. with. respect to a public contract. Tlris includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. · Neither the respondent nor any person associated with it in the capacity of owner, parmer, director, officer, principal, investigator, project director, manager, auditor, or position involving the administratioD of federal funds: 1.., (F' .' .-) .'.;: Ii Ii; ~..t' H l)) o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfooning a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destroction of records, making false statements, or receiving stolen property; or . o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts tenninated for cause or default. . The product offered by the respondent will conform to the specifications without exception. . The respondent has read and understands the Contract tenns and conditions, and the submission is made in conformance with those terms and conditions. . If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is fonned with the State. . The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations m{lde in the response. . The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, dainage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. . All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent .concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation sball be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 10. Manufacturer's Name and Approved EquivaJents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials,literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent 11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and r~SJ'!l~!~.le:. In cl.et~ Re~ponclcmt's ~"po~bi~ty. ~ a yendor" the ~en~y ~ consider all information or evidence which is gathered or comes to the attention of the agency wliich demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. 1 , :(~\ i; ii-')) tJ l' LJ Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and -servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnishw does Dot meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 12. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (IUD). 13. Electronic Posting of Notice of Intended Award. BaSed on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fluslowavbs/owa/vbsYlww.mainmenu.Ifthenoticeofawardisdelayed,in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 14. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses sba1l remain firm and shall not be withdrawn. If award is not made within si>""!y (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 15. ClatificatioDslRevisioDS. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondent!; deemed eligible for Contract award. Failure to provide requested information may result in rejectioD of the response. 16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any ahd--lill bias, onlepata:l:ile- portions thereof; and'to waive any minor irregularity;technicality, or omission if the Buyer detennines that doing so will serve the State's best interests. The Buyer may r:ject any response not submitted in the manner specified by the solicitation documents. 17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the (';~ ( :C'-~ ~.) ~' I!J Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest 19. Public Records. Article I, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. AI1y respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 187.042(2) of the Florida Statutes and chapter 28-11 0 of the' Florida Administrative Code. Questions to the Procurement Officer shall Dot constitute fonnal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to cosure ~tiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 110.57(3)(8), F.S. requires the following statement to be included in the solicitation: "Failure to file 8 protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescnbed in Section 120.57(3}, Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver ofprocecdings under Chapter 120, Florida Statutes." 21. Limitation 00 Vendor Contact with Agenc)' During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. {c Ii :{:i ~) ~ tJ;) I PART FOUR~ STATEMENT.o.F WORK 4.01 DEFINITIONS "Agency Agreement" is the established agreement between the Eligible User and the Contractor, using this Contract "Fuel" shall mean any fuel product obtained through use of the Fuel Card. FueJ product shall include all types and grades of fuel available for retail sale and used in State and Eligible User vehicles, marine fleets, aircraft fleets and other equipment. "Fuel Card" shall mean the card issued to State and Eligible Users for the purchase of Fuel and Immediate Use Vehicle Accessories. "Fuel Card Services" shall mean providing services as described in this solicitation and as established in the Contract, if any. ''Universal Platform" shall mean 8 retail electronic payments network used by at least 95% of Level 3 and Level 2 retail merchants in the State of Florida. 4.02 SCOPE OF WORK This Contract is to provide a Fleet Fuel Card Program for V chicle Fleets owned by state agencies and Eligible Users in the State of Florida. The Fleet Fuel Card should be built on a Universal Platform. The Fleet Fuel Card Program will include the purchase of Fuel and any commodity and/or service for immediate use by the Eligible User to maintain daily operation of their vehicle fleet. Also, the Fuel Card may be used at Marinas and/or AiIports as allowed for Marine Fleets and/or Aircraft FleetS. The Department seeks to improve quality and efficiency of services delivered, improve Eligible User services and reduce cost. 4.03 FUEL CARD SERVICES MINIMUM REQUIREMEl\TTS Fuel Card Services will be available to all Eligible Users in the State of Florida. The Contractor will provide a Fuel Card that is accepted at fuel locations throughout the State of Florida for the purchase of Fuel and Immediate Use Vehicle Accessories. Services shall also include commodities and services to be used during emergency situations as described and priced within this contract's Emergency Pian. The Contractor will provide a detailed description of all Fuel Card Services available to the State and EligIble Users. Services shall also include, but are not limited to, purchasing controls, reporting options, level 3 detailed transactions, online Eligible User access for reporting purposes and account management and billing and payment options. At a minimum, the Contractor shall provide the following Fuel Card Services: . Fuel Card o Issuance and shipping second day mail, by 2pm EST, of Fuel Cards to Eligible Users will be at the Contractor's expense. This includes additional and replacement cards as reqUired. o Fuel Cards will be used for the pm-chase of Fuel and Immediate Use Vehicle Accessories. Eligible Users will be responSlble for setting Fuel Card restrictions. ,,, tt rl~~~\ ~) LJI o Detailed reports will be sent with the Eligible User's invoice. The Eligible User will define the required detail of these reports. o Ability to issue an access number or PIN number for security purposes. o The Fuel Card Vendor shall provide the Eligible User's tax exempt ill number with the fuel card at no cost to the Fuel Card Program Eligible Users. . Fuel Cost o All applicable taxes will be exempt from the fuel cost. This tax exemption will be excluded from the fuel cost and disclosed on the Eligible User's invoice. . Immediate Use Vehicle Acceuories o Commodities may include, but are not limited to, motor oil, transmission fluid, brake fluid, windshield wiper blades, fuses, tires, etc. These commodities are for immediate use on the Eligible User's vehicle at the time of purchase. These Commodities wiD be charged at the EligIble User's negotiated price or at the Contractor's Fleet Management discounted price, whichever is less. Commodity purchases outside of the State of Florida may include applicable sales taxes. o Services may include, but are not limited to, car washes, vehicle maintenance, vehicle repairs, tire service, towing etc. These services must be performed on the Eligible User's vehicle at the time of purchase. These services will be charged at the Eligible User's negotiated price or at the Contractor's Fleet Management discounted price, whichever is less. Service purchases outside of the State of Florida may inc:Iude applicable sales taxes. . Eligible User Accounts o The Contractor shall provide an on-line Account Management system to Eligible Users. These accounts shall be accessible on-line for day to day management and reporting purposes. o The Contractor shall provide Account Management Software and training to each Eligtble User. This software shall have the same functionality for all Eligible Users and should interface with the Contractor's on-line system. o If deemed necessary by the State, the Contractor shall provide programming, at no charge to the State, for interfacing with the State's accounting system. Currently, the State is using a legacy system called FLAIR. o Other Eligible Users will negotiate interface programming, to provide compatibility with their accounting system, with the Contractor as required. o The Contractor shall have an Eligible User service center that has full account management services available between the hours of 7 a.m. and 6 p.m EST. Monday through Friday except for State holidays. o The COntractor shall have" af least one Account Representative "assigned to the State for the management of the Contract. ,., {~" :I ;C) \k) J liJ) . Fuel Card Reader Equipment at State and Eligible User Sites o Installation of all equipment with Fuel Card reader capability will be at the request of the State or Eligible User, the cost of which shall be mutually agreed upon between the Eligible User and Contractor. o The Fuel Card reader shalI capture Fuel purchase data in the same manner as a Retailer. o The Contractor wilJ be responsible for providing all equipment maintenance and software updates as required. The Eligible User will be responsible for providing all electrical connections and data transmission lines as required. . Optional Fuel Product Management at State and Eligible User Sites Upon mutual agreement between the contract user and Contractor, the Contractor may provide fuel product management at State and Eligible User sites. The cost for this service shall be mutually agreed upon between the Eligible User md Contractor. The site shan be those for which Fuel Card reader capabilities equipment has been installed. This includes, but is not limited to, the mOIritoring of Fuel levels, ordering and/or delivering Fuel, etc. This service also includes the use of equipment and tools, and all services and responsibilities prescribed or implied which are necessary for the complete performance by the Contractor of its obligations under the Contract State and Eligible Users will not be charged for Fuel stored at these sites. State and Eligible Users will only be charged for Fuel dispensed into their Vehicle Fleet. 4.04 CONTRACT DELIVERABLES Emergency Plan Within thirty days of contract signing, the Contractor and the State shall jointly develop an Emergency Plan. The Fuel Card Services Contract allows for the purchase of commodities and services that are necessary to execute the Emergency Plan. These purchases shall include the use of equipment and tools, and all services and responsibilities prescribed or implied which are necessary for the complete performance by the Contractor of its obligations under the Emergency Plan. This Plan shall include but not be limited to: · Commodities and services available to Eligible Users during emergencies. . An assessment of risks · Operational assignments (Who does what, when and how) · Procedures for Emergency notification (How do we teU people there's a problem?) · Procedures for activation in the event of an emergency situation in order to protect and/or recover critical assets and functions. · PTOCe:diires ror" Emergency Plan testing · Procedures for an annual review, updating, altering and re-writing that results in a document that is fully functional and operational. III ~,~ I,ll jO~ 1'.)1 H ~,;' Project Management Professional Certification Within fifteen days of contract signing, the Fuel Card Vendor shall have a certified Project Management Professional (PMP) leading the implementation of the State's Fuel Card Program. This certification should be obtained through the Project Management Institute (pMI). Implementation Plan Within the first forty-five days of contract signing, the Fuel Card Veodor and the State shall jointly develop a detailed Implementation Plan. This Plan shall include but not be limited to: I. Development of a critical path for the project 2. Determining Start and Completion Dates 3. Development of goals 4. Development of objectives for each goal 5. Development of activities for each objective 6. Determining individuals respOD.S1ble for each activity 7. Development of time lines for each activity 8. Development of a list of potential barriers and a plan to overcome them. Training Plan (Instructor led, online and train the trainer) VVithin ninety days of contract signing, the Fuel Card Vendor and the State shall jointly develop a Training Plan. This Plan shall provide for but not be limited to: 1. Defining the purpose oftbe training and target audience 2. Determining participants' needs (Instructor led, Online, and Train the trainer) 3. Defining training goals and objectives 4. Outlining training content 5. Develop instructional activities 6. Prepare the written training design 7. Prepare participant evaluation formes) 8. Determine follow-up activities for the event Marketing/Outreach Plan (to include other Eligible Usen) Within the first ninety days of contract signing, the Fuel Card Veodor and the State shall jointly develop a detailed a Marketing/Outreach Plan to all Eliglole Users of the Fuel Card Contract. Conference Room Pilot (requirements gathering) Before' any agency is"brought into the new Fuel Card Program, the Fuel Card'Vendor and. the State shall develop and execute a Conference Room Pilot. Conference Room Pilot shall be defined as a period of four I-day working sessions, or other schedule as agreed, the purpose of which is' to review and refine the proposed business processes. During the Conference Room In \~,3 .,[1 :en ",J I LJ Pilot fleet card, pw-chasing and accounting representatives from various State agencies will be invited to review and comment upon the proposed processes. [The remainder of this page Is intentionalll' left blank (other than footer information)! 'In y:. In I;:) J..J I PART FIYE: SPECIAL CONDITIONS 5.1 CONFIDENTIALITY 5.1.1 Any information relating to the products, customers, business, marketing plans and policies of the State or its affiliates, supplied to Contractor by or at the direction of the State or acquired by Contractor in the course of providing services to the State, or developed by Contractor in carrying out Contractor's duties under the Contract, must be deemed to be confidential and proprietary infOIIDation of the State and the exclusive property of the State. 5.1.1 Notwithstanding any provisions to the contrary, the parties shall not be required to disclose to the public any materials protected by law and disclosure of any confidential information received by the State of Florida will be governed by the provisions of the Florida Public Records Act, Chap~ 119, Florida Statutes and exceptions thereto. 5.1.3 Contractor shall not sell or distribute 8 list of participating Eligible Users, State Agencies or their cardholders. their addresses, card account numbers or any other information to any person, firm, account, or other party for any puxposc. This is absolutely prolu1rited and considered confidential infmmation. [The remainder of this page is intentionally left blank (other than footer information)) r\:. 'j in \~) ;! :!..) Contents 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment 16. Taxes. 17. Governmental Restrictions. 18. Lobbying lIIld Integrity. 19. Indemnification. 20. Limitation ofLiability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. [eases and h:iStallineilt Purchas'es. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (pRIDE). 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. ,)'l it:" ; i(~ \vd liJ) 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Defmitions. The definitions contained in s. 60A-1.00I, FAC. shall apply to this agreement The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via pmchase order or other contractual instrument from the Contractor under the Contract The "Customer" may also be the "Buyer" as defined in the PUR 100 I if it meets the definition of both tenns. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) ''Purchase order" means the fonn or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). Z. PlU'chase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and cOnditions. Any discrepancy between the Contract tenns and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed 10 reference a manufacturer's most recently release. model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. .,~ :R': .. .'? "I '/' I!u:~ 'I ,:;' , tt if..,,) (a) Ouantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall docwnent their files accordingly. (b) Best Pricin!! Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same .or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the ContraCt, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales pro~tions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous norice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide docwnentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adiustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (I) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the panicular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued perfonnance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award. the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. TangIble product shall be securely and properly packed for shipment, stOrage, and stocking in appropriate, clearly labeled,' shipping containers and according. to accepted comrDl:rcial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 'M {":.'j 'I.'_'~ ". 'J. ~ IioJ " [) 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to detemrine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constnlcted and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished sha1l meet all applicable requirements of the Occupational Safety and Health Act and state and .federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act Contractors should identifY any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Traosp.ortatioD and Delivery. Prices shall include all charges for packing, handling, freight, distributiQn, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or .intentional delays shall be cause: for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless other\'...ise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. 'Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents, If any alteration, dismantling, excavation. etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so 'as' to- cause. the 'least inconvenience and .interference .with .Gustemers .and .with. -proper consideration of others on site. Upon completion of the installation, the location and sWTounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. .,,, (\Y. !q ~>> l'otl 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall; record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or ,rejection. Upon rejection notification, the risk of loss of rejected or non- conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System''). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-l.032, F AC. For payments within the State accounting system (FLAIR or its successor), the TranSaction Fee shall, when possible, be automatically deducted from payments to. the Contractor. If automatic deduction is Dot possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), FAC. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the Slate or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any itcm(s) if such itcm(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is nOD-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN.RULE 6OA-l.OO6. FA.C. 15. Invoicing aDd payinent Invoices shall contain the Contract nwnber, pW'chase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractgrsupply electronic invoices .in lieu.of paper.,based .invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - EDI 810, cXML, or web- based invoice entry within the ASN. .,..: S ,.J T! u.l i.1z) Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contrllctor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be eJl..plicitly noted by the Customer in the special contI:act conditions section of the solicitation or in the Contract or purchase order. 17. Gqvernmeutal Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to caricel the Contract at no further expense to the Customer. 18. Lobbying and Integrity_ Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (l) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means auy payment of more than nominal monetary value in the fonn of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (I) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: htt,p://dlis.dos.state.f1.uslbannll!CllSchcdulesleensched,htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension qr.4~3IIDe.nt _o(t4~ ~~t.or Suc~ ~sts s]~l.~.ll,.~l~(}e., but. ~alI n~t be fun.i~~ to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness' and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. ?7 :\":"1 :n ;Jl~D 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcoDtractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non- infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations wider the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (I) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be Unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records); even' if the party has been advised' that. such damages are possible. No-party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The 2R (('0...... C ;i') ~ ti ,. ~." \~ ~ lL~1 State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetaly constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (l) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer detcImines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adeq!12tC progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement Rule 6OA-I.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for fBilure to perfor:m. unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the pmies shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence ofthe.e:ontractor or its employees or agents-contributed-to-thc delay-and'the delay is due directly to acts of God, wars, acts of public enemies, strikes., fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay tbe Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay 29 f-\ --'\ "d' or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result THE FOREGOING SHALL CONSTITUTE THE CONTRACI'OR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact Or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes descnOed in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subj ected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that ar.e the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory perfonnance evaluations and subject to availability of funds. 27. Purchase Order Duration. Purchase orders issued pursuant to a state tenn or agency contract must be received by the Contractor DO later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's tcmn shall be considered'void: . Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the perfonnance by the Contractor, and all terms and conditions of the 30 'f'~ :1] \~ ;{""1 state tenD or agency contract shall apply to the single delivery/performance, and shall survive the tennination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state tenn or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the ex-tended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's ootice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase ordez:s for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing .plan offered in the state term or agency contract is selected by the ordering entity, the contract tcnns on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all ten:ns and conditions of the state tenn or agency contract shall apply to the recurring delivcrylperformance as provided herein, and shall survive the termination of the Contract Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date o~ the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or othc:r promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, reselJers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary -liability. The <3ustomer may 'assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the 31 ('" ~ [[] o ~ ~J State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance: of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and setve: a copy on the Contractor. The: decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final. subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pW'Sue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing. the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jwy trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract sball be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement ot: any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve: the Contractor of its obligation to perform all work in complimce with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract The: Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in tbe course of perfonning Contract work, including, but Dot limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential infonnation or material that is publicly available through no fault of the Contractor, material that the Contractor developed independentIy'without relying on the 'State's .or Customer's .confidential information; or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. ~? (~~ ~) ~) ;b 34.Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract Providing and maintaining adequate insurance covemge is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage undc:r each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Autbori~r. Each person signing tbe Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 37. Warranty of Abili~r to Perform. The Contractor warrants tbat, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government The Conttactor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by pen;onaI delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive norice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amoun.t established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, IDC, (pRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shallpbe purchased from the corporation identified' under Chapter 946 of.the Florida Statutes (pRIDE) in the same mlmIler and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for pwposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted ~1 (1".'. fj :[:') ~) ~ iJ for the agency insofar as dealings with such corporation are concerned" Additional information about PRIDE and the products it offers is available at http://wwv...pridefl.com. 41. Products A"aUable from the Blind or Otber Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly Wlderstood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036{1) and (2), Florida Statutes;' and for pllIpOses of this contract the person, firm, or other business entity carrying out the provisions of this contract shaIl be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency Ilt'e concerned. n Additional information about the designated nonprofit agency and the products it offers is available at htto://www.Tesnectoffiorida.org. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and ,conditions sball govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract tenns, including substitution of product, shall be valid or binding against the Customer. The Contractor may Dot unilaterally modify the tenns of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink: wrap" terms accompanying or affixed to a product, whether written or electronic) or by incoIporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-CUstomer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S, This statute requires the Department of Management Services to determine that the requestors use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, Dor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other-right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 34 10\ I: 1,:\) ,,'\'1 ~ I;,) ,~ I, t.. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instnunent 47. Severability. IT a court deems any provision of the Contract void or unenforceable, that provision shall be e:nforced only to the extent that it is not in violation of law or is Dot otherwise unenforceable and all other provisions shall remain in full force and effect [The remainder of this page is intentionaU)' left bla~ (other tiw1 footer information)] 35 ((1' j; fi'>> ~'~, U ') 'do jj 1:.,) I PAin: ',SEVEN::, fl'N, QUESTIQNS"ANJ}' REQUIREMENTS: The Respondent's Response to this Section should be uploaded as a single attacbment in the MyFloridaMarketPlace Sourcing Tool. 7.1 SERVICE PROVIDER BACKGROUND AND EXPERIENCE 7.1.1 Provide a brief ovenri.ew of your company. Include the following; a) Name and address (corporate office and main locations); b) Brief history of the company; c) Key program contacts that will be assigned to the State of Florida contract; d) Service provider's organization chart; c) Annual reports for the last two years; f) Flowchart of the company's Fuel Card Program process; and, g) Name and description of services for any card processing companies or service centers that will be used to perform any of the functions listed in this ITN. 7.11 Please identify your current Fuel Card customers and provide the following: a) At least three (3) references from current customers; b) Each reference must contain the organization name and address, with the name, title; phone number and e-mail address of a current contact person; c) List the total dollar volume; d) Number of annual transactions; and, e) Number of active cards issued under each program listed. 7.1 J Describe the :full extent of your experience and qualifications, including past experience, in providing Fuel Card Services of the type and magnitude of this ITN. 7.1.4 Provide a brief description of the benefits and value of your services. Discuss how long you have been offering fuel card services, as well as the total number of customers enrolled in yow' fuel card service program. 7.2 SERVICE 7.2.1 What processes have been put in place with other customers to monitor their satisfaction with service and quality? How has customer feedback been used to improve service and quality? 7.22 How has communication to customers regarding internal changes, new processes/procedures, issue identification and problem resolution been managed? 7.2.3 Please describe your problem resolution procedures. Who would the State: of Florida contact when there are questionslproblems? Will this contact change throughout the entire process? 7.2.4 Please describe your ability to provide customer specific services (i.e. assuring State of Florida roles and regulations are followed). 7.2.5 Please describe your day-to-day customer servicing capabilities. 7.2.6 Please describe your relationship management capabilities. 36 : I ('-' r,,"~ ~.) tj 7.2.7 Describe the consultative tools and processes you have in place to provide the State of Florida with information and advice regarding Fuel Card Services Program performance, growth, and best practices with comparisons to industry benchmarks and standards. 7.3 7.3.1 IMPLEMENT ATlON, PROJECf MANAGEMENT & TRANSITION What changes in account team structure, reporting or personnel would occur as the State of Florida moves from implementation to on-going operations? Provide your perfonnance measures for a successful implementation. Describe in detail the innnediate and long-term support stIUCtUre you propose in connection with this Fuel Card Services Program. Include program implementation, including staffing level assigned for this purpose, length of time required to start the Program, training, and Program materials, if necessaty. Include on-going support of the Fuel Card Services Program. Descnbe your experience with cuStomer program transitions from other Fuel Card providers. 7.3.2 7.3.3 7.3.4 7.4 7.4.1 OPERATIONS AND TECHNOLOGY What technological innovations have you invested in over the last three years? How have you used these technological innovations to improve your customer's processes and to reduce their costs? How have you utilized lntemet capabilities to improve efficiency and quality? Describe your disaster recovery plan? What types of feeds can you provide customers to load into their systems? Describe your fraud prevention and recovery process. Iilclude your procedures for notifying the appropriate Eligible User Fuel Card Administrator immediately when fraud is discovered. Describe your system's internal controls to identify fraudulent use of any card and the ability to provide responses with corrective actions to the appropriate Eligible User Fuel Card Administrator upon identification of such fraudulent activity. 7.4.2 7.4.3 7.4.4 7.4.5 7.4.6 7.5 7.5.1 7.5.2 REPORTINGIMEASUREMENT AND ENHANCED DATA Provide a general description of the reporting packages offered. Describe your reporting capabilities around Fuel Cards. What information is included in a standard report format? In what fannat is this information available? Attach copies of your standard reporting. Describe your ability to provide reports and keep identified data ,?onfidential. Please descn'be any fees associated with customizing' a report and the len..ath. of time required to receive a customized report. Describe the various reporting options and the level of reporting detail your program o~ers ~ descnbe how these reports can be tailored to meet the requirements of a custoIIier. . - . . Describe your process for identifying authorized customers prior to engaging in reporting initiatives. 7.5.3 7.5.4 7.5.5 7.5.6 37 tr!~ -;;~~) \.,~ lJ 7.6 INSURANCE AND EMERGENCY SERVICES 7.6.1 Do you provide Travel Accident Insurance? Please describe the level{s) and any associated costs of Coverage. 7,6.2 Do you provide Auto Rental insurance? Please descnbe the level(s) and any associated costs of coverage. 7.6.3 Do you provide Corporate Liability Insurance (CLl)? Please describe the level(s) and any associated costs of coverage. 7.6.4 Please describe any other insurance coverage you may offer. 7.6.5 Please descnbe the Emergency Travel Services your program provides including availability of those services? 7.7 EVALUATION SYSTEMfPERFORMANCE MEASUREMENTS 7.7.1 The evaluation system must utilize a variety of levels and techniques of quality, performance measurements, and assessments. Provide a copy of your evaluation system. 7.7.3 Do you monitor performance indicators? If so, what key performance measures do you track? What is the reporting frequency and period covered for each measure? What were your average performance measures for the last five (5) reporting periods? 7.7.4 Please provide any further information around YaW" product offering and capabilities that you feel would facilitate the evaluation and selection process for State of Florida. 38 f'l " ,) n i;-., ~.. 8.1 CONTRACT (For Reference Only - Do Not Execute) This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services (''Department''), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the Entity identified below as Contrllctor ("Contractor"). The Contractor responded to the Department's Invitation to Negotiate No.: 15-973-163-X Fuel Card Services 1TN. The Department has determined to accept the Contractor's response and to enter into this Contract in accordance with the requirements, tenns and conditions of the . solicitation. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state tenn contract authorized by section 287.042(2)(a) F.S. The term of the Contract begins on the Effective Date and expires five (5) years from that date. The Contract consists of the following solicitation documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: . 1TN Amendments and Addenda . Introduction . Statement of Work and Technical Specifications . Special Conditions . Special1D.structions . General Contract Conditions (PUR 1000) · General Instruction to Respondents (PUR 1001) CI Any Purchase Order under the Contract . Contractor's Response to TIN State of Florida, Department of Management Services By: Linda H. South, Secretary Date Approved as to fonn and legality by the Department General Counsel's Office: Contractor Name: Street Address or P.O. City, State, Zip: By: Date 39 If'" r; 'Ii')) J1 ~~ ~-}J Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM - .- ---- TO: The Honorable Mayor and City Commission FROM: MinaI Shah, Assistant City Manager DATE: 1/20/2011 RE: Approval of unleaded fuel purchases using Wright Express Financial Services Corporation. RECOMMENDATION: Staff is recommending the City Commission enter into an agreement to purchase unleaded fuel using Wright Express Financial Services Corporation fuel card program. REASONS: Currently, the City utilizes Miami-Dade County's fuel station located at 15665 Biscayne Boulevard to fuel the City's fleet. In a search for more conveniently located fueling stations and pricing, we approached Wright Express who recently negotiated a competitive contract with the State of Florida for a fuel card program. Their program allows fueling at more than 8,500 gas stations in the State of Florida, four of which are located within the City limits. Their pricing is calculated by the pump price less 1.45% discount and then less the excise tax of .182851 per gallon. For example, if 10 gallons of gas is purchased at $3/gallon, the calculation would be $30 (10x$3) less .435 (1.45% discount on the $30) less $1.82851 (10x .182851 excise tax) for a total purchase price of $27.74. Below is a table showing a price per gallon comparison of random dates in November and December 2010 for Miami-Dade County and the Wright Express pricing for the two gas stations neighboring the City. Wright Express Per Gallon Program Savings Miami-Dade BP-17790 Chevron- Highest of. d II DATE County Collins 17800 the two In 0 ars % Collins 11/3/2010 2.7779 2.6741 2.6930 2.6930 (0.0849) -3.1% 11/4/2010 2.7782 2.6740 2.6933 2.6933 (0.0849) -3.1% http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=424&MeetingID=O&MeetingDate... 1/13/2011 Preview Page 2 of2 11/5/2010 2.7782 2.6741 2.6738 2.6741 (0.1040) -3.7% 11/10/2010 2.8667 2.6740 2.6720 2.6740 (0.1926) -6.7% 11/11/2010 2.9477 2.6737 2.6738 2.6738 (0.2739) -9.3% 11/12/2010 2.9472 2.6744 2.7325 2.7325 (0.2147) -7.3% 11/13/2010 2.9479 2.7330 2.7329 2.7330 (0.2149) -7.3% 11/17/2010 2.9500 2.7132 2.7126 2.7132 (0.2368) -8.0% 11/18/2010 2.9474 2.7132 2.7122 2.7132 (0.2342) -7.9% 11/1912010 2.9500 2.7132 2.7128 2.7132 (0.2368) -8.0% 11/2512010 2.9478 2.6934 2.6936 2.6936 (0.2542) -8.6% 11/2612010 2.9484 2.6936 2.7131 2.7131 (0.2352) -8.0% 11/2712010 2.9479 2.7134 2.7131 2.7134 (0.2345) -8.0% 12/6/2010 2.9684 2.8315 2.8305 2.8315 (0.1369) -4.6% 12/8/2010 2.9686 2.8316 2.8319 2.8319 (0.1367) -4.6% 12/9/2010 3.0300 2.8316 2.8514 2.8514 (0.1786) -5.9% 12/13/2010 3.0287 2.8709 2.8898 2.8898 (0.1389) -4.6% 12/14/2010 3.0284 2.8902 2.8906 2.8906 (0.1378) -4.5% 12/15/2010 3.0282 2.8907 2.8906 2.8907 (0.1375) -4.5% 12/16/2010 3.0300 2.8909 2.8905 2.8909 (0.1391) -4.6% 12/20/2010 3.0288 2.8903 2.8901 2.8903 (0.1385) -4.6% Conservatively, the City would save approximately $0.085 per gallon. Based on prior year's usage, this amount would have equated to approximately a $6,000 savings. Due to the rising prices of fuel, staff expects these savings to mitigate the increases. This program also provides for online access to monitor, control, and manage fuel purchases/consumption. The City will piggy-back the State of Florida contract #973-163-10-1 effective August 6, 2010 with Wright Express Financial Services Corporation FUNDING SOURCE: Funding is available in account numbers 10-539-5523 A-D A TT ACHMENTS: . Resolution L_ http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID~424&MeetingID~0&MeetingDate...1/13/20 I J