07/06/2021 ITEM NO. 8 - CONSIDERATION OF USE OF STATE OF CALIFORNIA FLEET PAYMENT SYSTEM CONTRACT AWARDEE, WEX BANK, FOR CITY'S FUEL CARD PROGRAMAGENDA ITEM NO. 8
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 6, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF USE OF STATE OF CALIFORNIA FLEET PAYMENT SYSTEM
CONTRACT AWARDEE, WEX BANK, FOR CITY'S FUEL CARD PROGRAM
RECOMMENDATION:
It is recommended that the City Council approve the use the State of California Fleet Card System Awardee,
WEX Bank, for the City's fuel card program.
BACKGROUND:
In 2006, the City of West Covina opted to remove its fuel station equipment and underground storage tanks
located at the City Yard. At its January 17, 2006 meeting, the City Council chose to accept the State of
California's bidding requirements and "piggy -back" on the State Fleet Card (Voyager) that was administered
by U.S. Bank National Association (U.S. Bank).
At the end of May 2021, a representative from the State contacted the City to notify us that the Voyager
agreement with U.S. Bank fuel cards would expire June 30, 2021.
DISCUSSION:
The Department of General Services (DGS), Office of Fleet and Asset Management (OFAM), referred to as
the "State" or "DGS-OFAM," issued RFP #519919 on March 26, 2020, for a provider of a Fleet Payment
System (FPS) to pay, manage, reconcile and report statewide fuel purchases and fleet -related services for the
State's Fleet Card Program. On February 25, 2021, the State awarded a contract to WEX Bank to provide FPS
services to State Agencies and Optional Users (also referred to as "Participating Entities") participating in the
State's Fleet Card Program in accordance with the terns and conditions of the Master Service Agreement
("MSA" or "Contract" or "Agreement").
These cards can be used at most private fuel stations and can be assigned to either a person or a vehicle. The
system uses a PIN, vehicle mileage, and a detailed reporting system to monitor fuel usage. The system is used
by the State of California and thus the City can " piggyback" on the State procurement process for LPA
Contract 5-19-99-19, which began on February 21, 2021 and will expire June 30, 2025, as authorized by West
Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-330(i)(2). The Purchasing Division has
determined that the procurement process meets the requirements of Section 2-330(i)(2).
Staff has been working to make the transition to the new fuel cards and program seamless. Under the terms of
the State contract, fuel and fleet -related expenses include but are not limited to automotive fuel, oil, fluids,
lubricants, parts, repairs and maintenance. The City of West Covina's Fuel Card Program restricts the use of
the card for the purchase of fuel only and will continue that policy.
Fuel expenditures for the City have been:
FY18-19 $594,957
FY19-20 $559,147
As of June 15, 2021 $445,226
OPTIONS:
The City Council has the following options:
1. Adopt staff's recommendation.
2. Provide alternative direction.
Prepared by: Renee M. G. Chavez, Accounting Technician
Fiscal Impact
FISCAL IMPACT:
The approved budget includes fuel costs in account number 365.61.4170.6485. No appropriation is
required.
Attachments
Attachment No.
1 - State Contract Summary
Attachment No.
2 - State Agreement
Attachment No.
3 - DGS Contract Manager
Attachment No.
4 - State Contract Scope of Work
Attachment No.
5 - City of West Covina Fuel Card Program Policy
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Protect Public Safety
GOALS &
OBJECTIVES:
6/1512021
LPA Contract Details
Attachment No. 1
Contract ID 5-19-99-19
Contract Type
Acquisition Type
Master Agreement
NON -IT Services
Description
Fleet Payment Systems (State Fleet Card Program)
Supplier ID
Begin Date
0000176430
02/25/2021
Contract Administrator
Buyer
Office of Fleet and Asset Management
Department
DGS - Statewide Procurement
Categories
Email
phil.guenther@dgs.ca.gov
Phone
916/928-7970
Status
Active
Supplier Name
WEXBANK
Expire Date
06/30/2025
UNSPSC UNSPSC Description
84141602 Financial Services - Credit agencies- Personal credit agencies- Credit card service providers
Attachments
Attachment File
MSA_5-19-99-19_STD_213.pdf
State -Fleet -Ca rd_Program_I nformation.docx
FPS MSA 5199919 - Exhibitr A-G.docx
Contract Line Items
l of
1-3 of 3
Item ID Description UOM Unit Price UNSPSC Description
hftps:/Icaleprocure. ca.gov/pages/LPASearch/I pa-detai Is-pri nt. htm I
MFG Name MFG Item ID EPP/SABRC Status
1/2
6/15/2021
https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMRGBL?Page ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_lD=5-19-99-19
https:/Icaleprocure.ca.gov/pages/LPASearch/ipa-details-pdnt.html 2/2
SCO ID: 7760-5199919
Attachment No. 2
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
1. This
CONTRACTING AGENCY NAME
Department of General Services, Procurement Division
CONTRACTOR NAME
WEX Bank
2. The term of this /
AGREEMENTNUMBER
5-19-99-19
STARTDATE
January 31, 2021, or upon State's Approval, whichever is later
THROUGH END DATE
June 30, 2025, with one (1) Optional two-year extension by the State
PURCHA5ING AUTHORITY NUMBER (If Applicable)
3.The maximum amount of this Agreement is:
$0
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits
Title
Pages
Exhibit A
Scope of Work
11 Pages
Exhibit B
Budget Detail and Payment Provisions
2 Pages
Exhibit C
General Terms and Conditions (GTC 04/2017 as modified)
4 Pages
Exhibit D
Insurance Requirements
3 Pages
+
Exhibit E
Definitions
5 Pages
Exhibit F
Special Provisions
8 Pages
Exhibit G
Contractor's Technical Proposal (incorporated by reference)
1 Page
Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as /[attached hereto.
These documents can be viewed of httos://www dgs ca gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENTHAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc,)
WEX Bank
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
709OSouth Union Park Center, Suite 350 1 Midvale UT 84070
PRINTED NAME OF PERSON SIGNING TITLE
Tim Laukka President/CEO
CONTRACTOR AUTHORIZED SIGNATURE �� j� DATE SIGNED
/ 2/2/2021
Pagel of 2
SCO ID: 7760-5199919
STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
AGREEMENT NUMBER
PURCHA5INGAUTHORITY NUMBER (if Applicable)
STD 213 (Rev. 04/20201
5-19-99-19
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of General Services, Procurement Division
CONTRACTING AGENCY ADDRESS
CITY
STATE
ZIP
707 Third Street
West Sacramento
CA
95605
PRINTED NAME OF PERSON SIGNING
TITLE
Patrick Mullen
Manager
CONTR E CY AUTHORI E NATURE
DATE SIGNED
�J �J
ZO L^7 - 1
FEB 25 2021
ALW:LAG:skb
Page 2 of 2
Attachment No. 3
State Fleet Card Program Information
The Department of General Services (DGS), Office of Fleet & Asset Management
(OFAM) administers the State Fleet Card Program.
Information concerning program specifics and enrollment procedures are forthcoming
and will be conveyed as soon as possible.
For questions, please contact Phil Guenther at phil.guenther(a)dgs.ca.gov.
Attachment No. 4
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
EXHIBIT A: SCOPE OF WORK
The Department of General Services (DGS), Office of Fleet and Asset Management
(OFAM), hereinafter referred to as the "State" or "DGS-OFAM" is contracting for a
provider of a Fleet Payment System (FPS) to pay, manage, reconcile and report
statewide fuel purchases and fleet -related services for the State's Fleet Card Program.
i W-1461 :2 ad:Ryffel N:/
A. The State and WEX Bank (hereinafter referred to as the "Contractor"), hereby
agree that Contractor will provide FPS services to State Agencies and Optional
Users (also referred to as "Participating Entities") participating in the State's Fleet
Card Program in accordance with the terms and conditions of this Master Service
Agreement ("MSA" or "Contract" or "Agreement").
B. Fuel and fleet -related expenses include but are not limited to automotive fuel, oil,
fluids, lubricants, parts, repairs and maintenance.
2. TERM
A. The term of this Agreement is for a five (5) year period from the "Go Live" date.
The Agreement is effective upon execution by DGS and approval from the DGS,
Office of Legal Services.
B. The "Go Live" Date shall be July 1, 2021. Implementation, training and payment
account set-up tasks may begin upon award or the effective date of the
Agreement, whichever is earlier.
C. The State reserves the right to extend the term for one (1) optional two-year
period.
D. All Subsidiary Agreements executed before the end of the MSA term may
continue for up to twelve (12) months following the MSA expiration date.
E. Should the Contractor fail to commence work at the agreed upon time, the State,
upon five (5) days written notice to the Contractor, reserves the right to terminate
the Agreement. In addition, the Contractor shall be liable to the State for the
actual cost of engaging another contractor to perform the work.
F. In addition to any other provision of this Agreement, the State may terminate this
Agreement or cancel a portion of the service for any reason with thirty (30) days
written notice. Participating Entities may terminate subsidiary agreements for
any reason with thirty (30) days written notice. In the event of termination,
Participating Entities shall remain responsible for payment of all amounts owed to
Contractor related to charges incurred up until the effective date of termination.
3. ORDER OF PRECEDENCE
A. In the event of a discrepancy and/or inconsistency between the articles,
attachments, or provision which constitutes this Agreement, the following
descending order of precedence shall apply:
Page 1 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
1)
Exhibit A:
Scope of Work
2)
Exhibit B:
Budget Detail and Payment Provisions
3)
Exhibit C:
General Terms and Conditions
4)
Exhibit D:
Insurance Requirements
5)
Exhibit E:
Definitions
6)
Exhibit F:
Special Provisions
7)
Exhibit G:
Contractor's Technical response
Cmole] 0111:L•To ref 11 �, I1►16.11:LA 1101 *1
A. All inquiries during the term of this Agreement will be directed to the
representatives listed below:
State FPS Program Manager
Contractor Relationship Manager
Eric Mayes
Ryan Kelly
1700 National Drive
97 Darling Avenue
Sacramento, CA 95834
South Portland, MN 04106
Phone: (916) 928-2575
Phone: (952) 922-1104
Email: Eric. Maves(c)dgs.ca.gov
Email: Rvan.Kellv(a)wexinc.com
B. Should a representative change, each party will notify the other in writing no
later than fourteen (14) calendar days after the date of such change, without
amendment to this Agreement.
5. RESPONSIBILITIES
A. Contractor is responsible for providing a FPS in accordance with this
Agreement.
B. DGS-OFAM is responsible for the statewide administration of FPS services
and developing User Instructions for Participating Entities.
C. Participating Entities are responsible for designating a Program Administrator
and compliance with DGS-OFAM User Instructions including the State Fleet
Card Program Manual.
6. PAYMENT ACCOUNTS
A. Contractor shall provide the following Direct Bill Accounts:
1) Card Payment Accounts for fuel and fleet -related services as defined by
DGS-OFAM. System will allow assignment of Driver Identification Number
(DIN) to driver, vehicle or participating entity.
B. Participating Entities may cancel payment accounts at any time.
C. At any time, the State may amend this Agreement to enable Contractor to
provide additional payment accounts at no cost to the State.
Page 2 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
7. IMPLEMENTATION
A. Contractor shall set up and implement existing payment accounts by the "Go Live"
date in the following order of priority:
1) OFAM Fleet
2) State Agencies
3) Optional Users
B. A naming convention for set up of accounts will be determined through mutual
agreement between the State and the Contractor. The naming convention will be
maintained and used for all payment accounts throughout the term of this
Agreement.
C. Within 30 days of award, the Contractor will work with the State to transition
current Participating Entities to the new agreement. Contractor and State FPS
Program Manager will develop a transition plan specific to the State's Fleet Card
Program, including implementation time frame for "go live" date, to ensure that
an efficient and effective transition takes place.
D. Contractor will work with the State FPS Program Manager to meet all elements of
the agreed upon implementation plan.
E. Payment accounts set-up and implementation activities will be provided at no -
cost to the State.
8. AUTHORIZATION TO RENDER SERVICES
Unless otherwise provided in this Agreement, Contractor may not decline a California
State Agency's request to utilize services offered under this Agreement.
A. State of California agencies and Optional Users will be allowed to participate
under this agreement through a subsidiary agreement process.
B. Prior to rendering services, Contractor and a California State Agency or Optional
User (as applicable) must execute a separate Subsidiary Agreement that
incorporates all of the terms of this MSA by reference and may contain additional
specific terms and conditions, none of which may alter, rescind, or be in conflict with
the terms and conditions of this MSA.
C. For California State Agencies such agreement shall be in the form of the standard
agreement, Std. 213; and for Optional Users shall be in a form specified by DGS-
OFAM and the Contractor. The duly executed Std. 213 and appropriate form for
Optional Users are herein referred to as the "Subsidiary Agreement."
D. Upon execution of a properly completed Subsidiary Agreement the State Agency
and/or Optional User will become a "Participating Entity" and the provision of
services by the Contractor to such Participating Entity will be governed by the
terms of this Agreement.
E. Each Participating Entity is responsible for their own Subsidiary Agreement.
Page 3 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
9. ENROLLMENT
A. Prior to the "Go Live" date Contractor shall provide procedures to enroll new
Participating Entities along with an enrollment package to DGS-OFAM for
approval.
B. The enrollment package will include an application and a Subsidiary Agreement
form that stipulates Participating Entities agree to follow the terms and conditions
of this Agreement. The application should include the sentence: "The parties
agree to comply with the terms and conditions of MSA # 5-19-99-19 which is
referenced and made a part of this transaction."
C. After mutual review by both parties, DGS-OFAM will approve the final enrollment
process including procedures and form for use by Participating Entities.
D. DGS-OFAM reserves the right to modify the enrollment package at any time.
E. Contractor will set-up and activate payment accounts within 10 business days of
receipt of a completed enrollment package.
F. Participating Entity's or any authorized user's acceptance of any "click -through"
terms shall not be binding or have any force or effect.
10.CARD DESIGN
A. Contractor will be responsible for the embossing and printing of cards. The State
will use a basic design as the standard card stock to be used by all State Fleet
Card Program participants that will identify the card as a state of California Fleet
Card.
B. State will have the ability to customize standard card stock with verbiage and/or
logo embossing.
C. The final content and design of the cards will be determined by Contractor with
approval from the DGS-OFAM. Contractor agrees that the card design will
include, at a minimum:
1) State of California designation
2) Statement "Official State Fleet Card"
D. The State will be responsible for furnishing any necessary artwork (digital file) to
the Contractor for changes to the State -approved design during the term of the
agreement.
E. The DGS-OFAM and the Contractor will agree upon any other design features
that would assist with card acceptance and fraud prevention.
11.A000UNT ISSUANCE
A. The DGS-OFAM and Participating Entities Program Administrator shall identify
the point of contact that is authorized to receive cards and to be issued account
numbers by submitting authorized applications, in a format as specified by the
Contractor and State.
B. Contractor will mail cards issued to the DGS-OFAM and/or Participating Entities'
designated point of contact within two business days after the Contractor
receives cardholder account set-up information, at no additional cost.
Page 4 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
12. RESTRICTIONS AND LIMITS
A. Contractor agrees to -impose and/or set limits and restrictions on payment
accounts as specified by the DGS-OFAM or Participating Entities to include but
not limited to:
1) Limiting the types of transactions allowed.
2) Limiting the dollar amount of transactions that can be applied to the account
within a particular time period.
B. Suspension. Contractor shall have the right to suspend accounts if any part of
the payment due is unpaid for 90 days from the Billing Cycle close date. The 90
day period is made up of 45 day payment terms on the contract and another 45
day grace period. Contractor will notify DGS-OFAM and the affected
Participating Entity in writing of any suspensions of state accounts.
C. Cancellation. If an account remains unpaid for more than 180 days after the
Billing Cycle close date, contractor may "charge -off' the entire outstanding
balance and deduct it from the annual rebate. The 180 day period is made up of
45 day payment terms on the contract and another 135 day grace period.
D. DGS-OFAM and the Contractor may agree upon other restrictions or
mechanisms that would assist in account management.
IRX910141►INo17-111Irn11�Jn10r_1W=I �,I=I011rn101111N4101A91►10
A. The Contractor will provide an online web -based system, WEXOnline®, for:
1) Account management;
2) Transaction data review, collection and management;
3) Administration of accounts; and
4) Reporting output and data transfer.
B. The web -based system must have permission controls based on hierarchy set
up by DGS-OFAM and access to real-time data. DGS-OFAM will define the
hierarchy and account information with the Contractor.
C. Designated authorized personnel from the State and Participating Entities will be
provided permissions within Contractor's online (web -based) system.
D. All Participating Entities shall have access to Contractor's online system and
shall have the ability to manage their respective account(s).
E. Data management and reporting systems will be available 24 hours a day, 7
days a week. Routine system upgrades should be installed during off business
hours (e.g., weekends or before 7:00 a.m. and after 6:00 p.m. (PT) Monday
through Friday).
F. Refer to Exhibit F, Section 14 for WEXOnline® special provisions.
14.STATEMENTS AND RECONCILIATION
A. Contractor shall provide Participating Entity with an itemized billing statement
for each Billing Cycle in which the Account has activity. Refer to Exhibit F,
Section 5.
B. Contractor will provide an online data management and reporting system and
spend data for reconciliation.
Page 5 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
C. Contractor will provide drill down capabilities for transaction data.
D. Contractor shall have an established collection process for delinquent
accounts.
E. The DGS-OFAM and the Contractor will agree upon process and procedures.
15. DATA CAPTURE CAPABILITIES AT POINT OF SALE INFORMATION
A. Contractor must capture Level 1-III data specifications as provided by merchants.
B. The DGS-OFAM and the Contractor may agree to additional data capture and
electronic data capabilities.
16. REPORTING
A. Contractor will provide report generating and archiving capabilities from a
centralized web -based system.
B. Contractor's system will be required to generate the following reports:
1) Transaction detail reports
2) Transaction exception reports
3) Lost/Stolen Cards
4) Disputed Transactions
5) Declined Transaction
6) State Fuel Volume Report (Total Volume of all State Agencies including
quantity purchased, amount spent, fuel type purchased by account)
7) Comprehensive All -Inclusive Fuel Volume Report (Total Volume of all
Participating Entities including quantity purchased, amount spent, fuel type
purchased by account)
8) State Maintenance Volume Report (Total Volume of all State Agencies
including maintenance type, service performed, and amount spent)
9) Comprehensive All -Inclusive Maintenance Volume Report (Total Volume of all
Participating Entities including maintenance type, service performed, and
amount spent by account)
10)Monthly Past Due Status Reports (All past due accounts by Participating
Entity)
11)Cardholder Activity (Transaction detail reports by card)
12)Transactions by Vehicles (Transaction detail reports by vehicle)
13)Transactions by Participating Entity (Transaction detail reports by
Participating Entity)
14)Vendor Usage (Transaction detail reports by vendor)
15)Electric Vehicle (EV) Transactions
C. Additional reporting information may be requested during the term of the
agreement and Contractor will work with DGS-OFAM and/or Participating Entities
to provide requested reports at no cost to the State.
17.USAGE REPORTING
A. Contractor shall provide an electronic Usage Report to the FPS Program
Manager on an annual basis. The report shall provide the calculated incentive
share (rebates) by Participating Entity and total incentives to be provided to the
Page 6 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
State and each Participating Entity for the calendar year. Report must contain at
a minimum, but not limited to, the following data elements:
• Participating Entity Name
• Annual Total Spend (by Participating Entity)
• Total number of Transactions (by Participating Entity)
• Calculated Total Spend Incentive (by Participating Entity)
• Calculated Prompt Payment Incentive (by Participating Entity)
• Charge -Offs (by Participating Entity)
• Actual Total Spend Incentive due to the State.
B. Report shall be provided in Excel format via email within 60 days following the
last day of the calendar year. Within 30 calendar days from agreement execution,
the Contractor must submit a preliminary report to DGS-OFAM for review. After
mutual review by both parties, DGS-OFAM will approve final usage report format.
C. Contractor will work with the DGS-OFAM to provide ad hoc reporting during the
term of the agreement at no cost to the State.
18.TRAINING
A. Prior to the "Go Live" date, the Contractor will work with DGS-OFAM on a training
plan to be offered for use including training types, schedule, user reference
guides and additional training materials.
B. Throughout the term of the agreement, Contractor will provide ongoing training at
no -cost to the Participating Entities including, at a minimum:
1) Online web -based training
2) Onsite training
3) Onsite and/or web -based user group forums
4) Written user reference guides and related materials
19.PERSONNEL RESOURCES
A. Contractor will designate at least one Relationship Manager with a minimum of
five years' experience handling large accounts for support, escalation issues,
day-to-day customer service support for DGS-OFAM, to perform the following:
1) Be available between 8:00 a.m. — 5:00 p.m. (PT), Monday through Friday.
2) Return calls within two (2) business hours.
3) Meet in Sacramento within seventy-two (72) hours' notice.
4) Participate in quarterly meetings to review performance, quarterly reports,
and customer service issues.
B. Contractor will designate at least one Account Manager with a minimum of five
years' experience handling large accounts for contract support, escalation
issues, day-to-day account management support for all Participating Entities, to
perform the following:
1) Be available between 8:00 a.m. — 5:00 p.m. (PT), Monday through Friday.
2) Return calls within two (2) business hours.
Page 7 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
C. Contractor will assign staff to handle account settlement inquiries, payment
discrepancy resolution, online system access assignment, training and updates
for Program Administrators.
D. Contractor will provide a dedicated customer service team to support DGS-
OFAM and Participating Entities throughout the term of the agreement by
providing:
1) A designated customer service team for Cardholder support.
2) Technical support for the online data management and reporting system.
3) Qualified personnel familiar with all aspects of the State's program.
4) Dedicated resources as necessary to ensure effective and efficient service.
5) A domestic and international toll -free phone number available to Cardholders
24 hours a day, every day of the year.
6) An established escalation process to resolve issues.
E. Within 15 days of agreement execution, Contractor shall provide the DGS-OFAM
with contact information for assigned personnel including but not limited to:
1) Contractor's Key Account Manager
2) Contractor's additional assigned staff
3) Customer service unit information
F. The Contractor shall notify the State in writing within fourteen (14) calendar days
of an Account Manager change and provide the State with at least one (1)
replacement candidate that will meet or exceed the experience and skill level of
the Account Manager being replaced.
1) The State shall not compensate the Contractor for any time or effort required
to prepare the new Account Manager for work on the project.
2) The State, for cause, reserves the right to require the Contractor to replace an
assigned Account Manager at any time. The State will notify the Contractor in
writing when exercising that right, providing the Contractor with the cause.
The Contractor, within fourteen (14) calendar days of such notification, shall
provide a replacement candidate that meets or exceeds the experience and
skill level of the Account Manager being replaced.
20. END OF CONTRACT TRANSITION
A. All initial charge activity under this Agreement shall be completed on or before the
expiration date of the Agreement.
B. If account reconciliation occurs after the Agreement expiration date or if this
Agreement is terminated, the Contractor agrees to resolve all credit
transaction(s).
C. Contractor agrees that at the end of the Agreement, should the State conduct
another procurement and award a new contract, the Contractor will work with the
State to ensure that an efficient and effective transition takes place within nine
months or as mutually agreed to by the State and Contractor.
21.SECURITY AND CONFIDENTIAL INFORMATION
A. Throughout the term of the Agreement, Contractor agrees to meet all applicable
Payment Card Industry (PCI) and Data Security Standards (DSS).
Page 8 of 34
Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
B. Participating Entities will safeguard information regarding cards, accounts
numbers, passwords, personal identification numbers and other sensitive
information provided by Contractor in a manner that is consistent with those
applicable to the Participating Entities' other accounts. Each party will utilize
commercially reasonable efforts to maintain an appropriate information security
program to prevent the unauthorized disclosure, misuse, alteration, or destruction
of confidential information.
C. Nothing in this section shall be construed to limit or prevent the State or any
Participating Entity from disclosing information to the extent required under the
California Public Records Act, open records laws or any applicable regulations.
D. The Contractor agrees to the following provisions regarding the use and
disclosure of confidential information:
1) For purposes of this Agreement, "confidential information" means information
supplied by one Party ("Disclosing Party") to the other Party ("Recipient") that
is expressly or implicitly protected from unrestricted use by persons not
associated with Disclosing Party.
2) The Contractor agrees that the FPS services are a unique service involving
the exchange of confidential information. Reports, manuals, documentation
and related materials shall be provided to Participating Entities. These
documents may be circulated only to the extent necessary for the
Participating Entities to manage the FPS and/or use such information in
connection with the State's regular course of business.
3) Contractor agrees that any non-public financial information of Participating
Entities' and any non-public data regarding Participating Entities' accounts,
transactions, charges, spending volume or repayment terms is Confidential
Information of the Participant and such information shall be circulated by
Contractor only to the extent necessary for Contractor to perform services
under this agreement.
E. The Contractor will keep in confidence and safeguard all confidential
information obtained during the term of the Agreement. The Contractor agrees
that personnel performing work under this Agreement will maintain
confidentiality regarding the State's routines, exposed written material or
sensitive information, etc. The Contractor has legal and ethical responsibilities
to protect the privacy, confidentiality and security of all documents containing
personal and confidential information. The Contractor agrees to discuss
confidential information only in the workplace and only for job related purposes
and will not discuss such information outside of the workplace or within hearing
of other people who do not have a need to know about the information.
Contractor's responsibility to confidentiality extends to the personnel employed
by the Contractor and continues even after the Agreement has ended. In the
event of a breach or threatened breach of confidentiality, the State will pursue
all available remedies up to and including termination of the Agreement.
F. Contractor and DGS-OFAM shall work together to minimize and/or prevent
fraudulent transactions. In addition, DGS-OFAM strongly encourages all
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Participating Entities to work with Contractor to reduce and/or avoid fraudulent
transactions.
22. INCENTIVES
A. Incentives, as identified in Exhibit B, will stay in effect for the entire Agreement
term, including the referenced exercised option year(s).
B. Total Spend Incentives are based on Total Spend for all Participating Entities.
1) The Total Spend Incentive must be provided to the DGS-OFAM annually,
within ninety (90) days of the Agreement period of performance anniversary.
2) The incentive will be made payable to: DGS-OFAM.
3) The Total Spend Incentive to be received annually by DGS-OFAM is
calculated as: Appropriate BP (percentage) x Total Spend Volume minus 180-
day charge -offs.
C. Prompt Payment Incentives will be calculated annually based on the average
speed of pay within a calendar year. The speed of pay is the number of days
from the monthly statement date to the time the payment is received by the bank.
Contractor shall identify the average speed of pay for the Participating Entity
within the calendar year and apply the appropriate BP from Exhibit B.
1) The Prompt Payment Incentive must be provided annually throughout the
term of the contract.
2) The Prompt Payment Incentive will be paid directly to Participating Entities
within sixty (60) days of the calendar year end.
3) The Prompt Payment Incentive will not be calculated with or affect the Total
Spend Incentive and/or the resulting payment.
4) The Prompt Payment Incentive paid to Participating Entities is calculated as:
Appropriate BP (percentage) based on individual Participating Entity average
speed of pay x Total Spend Volume of individual Participating Entity.
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Throughout the term of this Agreement, the State will have the right to add card
products and services to the Master Agreement. Contractor may propose additional
products or services by submitting a written request to the State for review and
approval. Request must include:
• Full description of product/service;
• Full implementation plan, including level of effort and timeline;
• Full communication plan; and
• Full training plan.
Addition of any card product or service to the Master Agreement is at the sole
discretion of the State and shall be executed through an amendment to this
Agreement. Proposed new card products and services must not impact the Master
Agreement rebates or have any additional cost to the State.
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24.EV CHARGER INTEGRATION
Contractor's FPS will interact with Electric Vehicle (EV) charging vendors and be
used as a payment mechanism at EV charging stations.
Wherever FPS card is accepted, Contractor must capture and provide charging
session transaction data, including, but not limited to:
• Transaction location
• Date of transaction
• Charging time/duration, if available
• Total kWh purchased
• Transaction dollar totals
EV transactions will be included in WEX Fleet Card reporting, noted with an EV
product code.
25.OPTIONAL SERVICES
The State reserves the right to amend this Agreement to add optional services
including, but not limited to, ClearView, Bulk Fuel Services, WEXPay, Driver Dash,
and Fuel Guard.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
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A. Participating Entities will be financially responsible to the Contractor for direct bill
accounts and cardholder accounts that are issued directly to the Participating
Entity.
2. INVOICING
A. Billing statements will be submitted monthly in arrears to each Participating
Entity.
B. The billing statement shall include:
• Agreement Number
• Participating Entity Name
• Date of billing statement
• Time period covered
• Transactions completed for the period shall be identified
• Contact information for billing comments or inquiries such as a telephone
number, fax number and address
C. Upon receipt of billing statements and subsequent approval by the Participating
Entity's designated representative(s), the Participating Entity will pay the
Contractor.
D. Contractor will indicate chargebacks and adjustments (including credits) to the
Participating Entity on their billing statements.
E. The Participating Entity will notify Contractor of any disputed item on a submitted
billing statement.
3. PROMPT PAYMENT CLAUSE
A. Payment will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927.
4. CONTRACTOR OVERPAYMENTS
A. If the State determines that an overpayment has been made to the Contractor,
the State will seek recovery immediately upon discovery of the overpayment by:
(a) calling the contractor service center to request a refund of the overpayment
amount, or (b) offsetting subsequent Contractor payments by the amount of the
overpayment if Contractor repayment or credit is not received within thirty (30)
days from the date of notice.
B. If Contractor discovers they have received an overpayment, Contractor must
notify the State and refund the overpayment immediately.
5. FEES
No fees shall apply to this agreement, including but not limited to any fees related
to bulk fuel transactions, late payment fees, delivery fees or transaction fees.
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6. TOTAL SPEND INCENTIVE
The Basis Points (BP) identified below shall be used to calculate the Total Spend
Incentive Contractor agrees to pay DGS-OFAM annually. Refer to Exhibit A, Section
22.
Tier
Total Annual Spend Volume
BPs
A
Under$50,000,000.00
165
B
$50,000,000.01 -
170
$100,000,000.00
C
$100,000,000.01 -
175
$150,000,000.00
D
Over $150,000,000.00
180
7. PROMPT PAYMENT INCENTIVE
The Basis Points (BP) identified below shall be used to calculate the Prompt
Payment Incentive Contractor agrees to pay Participating Entities annually. Refer to
Exhibit A, Section 22.
Tier
Annual Average Speed of Pay
BPs
A
26-45 days
15
B
20-25 days
27
C
15-19 days
30
D
0-14 days
33
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Department of General Services
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EXHIBIT C: GENERAL TERMS AND CONDITIONS
(GTC 04/2017 as modified)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the
right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of
records retention is stipulated. Contractor agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
to the extent arising from Contractor's gross negligence or willful misconduct in
connection with the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement
during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved
of any payments should the Contractor fail to perform the requirements of this
Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by the
State. All costs to the State shall be deducted from any sum due the Contractor under
this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post -consumer material as defined in
the Public Contract Code Section 12200, in products, materials, goods, or supplies
offered or sold to the State regardless of whether the product meets the requirements of
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Public Contract Code Section 12209. With respect to printer or duplication cartridges
that comply with the requirements of Section 12156(e), the certification required by this
subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any person on
the basis of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran
status, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. Contractor shall insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs.,
tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or
standards adopted by the awarding state agency to implement such article. Contractor
shall permit access by representatives of the Department of Fair Employment and
Housing and the awarding state agency upon reasonable notice at any time during the
normal business hours, but in no case less than 24 hours' notice, to such of its books,
records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause. Contractor
and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and
made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be
in compensation for all of Contractor's expenses incurred in the performance hereof,
including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor
shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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1) "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to
subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest
in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, materials, or services by the bidder for sale to the purchasing
body pursuant to the bid. Such assignment shall be made and become effective at
the time the purchasing body tenders final payment to the bidder. Government Code
Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter,
the assignor shall be entitled to receive reimbursement for actual legal costs incurred
and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor
but were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected thereby.
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18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under
this Contract (or within such other time period as may be specified elsewhere in this
Contract) report to the awarding department the actual percentage of small business
participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Contractor must within 60 days of
receiving final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) certify in a report to the awarding
department: (1) the total amount the prime Contractor received under the Contract;
(2) the name and address of the DVBE(s) that participated in the performance of the
Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
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EXHIBIT D: INSURANCE REQUIREMENTS
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A. Coverage Term — Coverage needs to be in force for the complete term of the
Agreement. If insurance expires during the term of the contract, a new certificate
must be received by the State at least ten (10) days prior to the expiration of this
insurance. Any new insurance must comply with the original Agreement terms.
B. PolicV Cancellation or Termination & Notice of Non -Renewal — Contractor is
responsible to notify the State within 5 business days of any cancellation, non -
renewal or material change that affects required insurance coverage. New
certificates of insurance are subject to the approval of the Department of General
Services and the Contractor agrees no work or services will be performed prior to
obtaining such approval. In the event Contractor fails to keep in effect at all times
the specified insurance coverage, the State may, in addition to any other
remedies it may have, terminate this Agreement upon the occurrence of such
event, subject to the provisions of this Contract.
C. Premiums, Assessments and Deductibles — Contractor is responsible for any
premiums, policy assessments, deductibles or self -insured retentions contained
within their insurance program.
D. Primary Clause — Any required insurance contained in this Agreement shall be
primary, and not excess or contributory, to any other insurance carried by the
State.
E. Insurance Carrier Required Rating —All insurance companies must carry an AM
Best rating of at least "A—" with a financial category rating of no lower than VI. If
the Contractor is self -insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required.
F. Endorsements — Any required endorsements requested by the State must be
physically attached to all requested certificates of insurance and not substituted
by referring to such coverage on the certificate of insurance.
G. Inadequate Insurance — Inadequate or lack of insurance does not negate the
contractor's obligations under the contract.
H. Use of Subcontractors - In the case of Contractor's utilization of subcontractors to
complete the contracted scope of work, contractor shall include all
subcontractors as insured's under Contractor's insurance or supply evidence of
subcontractor's insurance to the State equal to policies, coverages, and limits
required of Contractor.
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2. CONTRACT INSURANCE REQUIREMENTS
Contractor shall display evidence of the following on an Acord certificate of
insurance evidencing the following coverages:
A. Commercial General Liability — Contractor shall maintain general liability on an
occurrence form with limits not less than $1,000,000 per occurrence for bodily
injury and property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent contractors, products, completed operations,
personal & advertising injury, and liability assumed under an insured
contract. This insurance shall apply separately to each insured against whom
claim is made or suit is brought subject to the Contractor's limit of liability.
The policy must name the state of California, its officers, agents, and employees
as additional insured, but only with respect to work performed under the contract.
B. Automobile Liability — Contractor shall maintain business automobile liability
insurance for limits not less than $1,000,000 combined single limit. Such
insurance shall cover liability arising out of a motor vehicle including owned, hired
and non -owned motor vehicles. Should the scope of the Agreement involve
transportation of hazardous materials, evidence of an MCS-90 endorsement is
required.
The policy must name the state of California, its officers, agents, and employees
as additional insured, but only with respect to work performed under the contract.
C. Workers Compensation and Employers Liability — Contractor shall maintain
statutory worker's compensation and employer's liability coverage for all its
employees who will be engaged in the performance of the Contract. In addition,
employer's liability limits of $1,000,000 are required. By signing this contract,
Contractor acknowledges compliance with these regulations.
A Waiver of Subrogation or Right to Recover endorsement in favor of the state of
California must be attached to certificate.
D. Cyber Liability insurance — Contractor shall maintain Cyber Liability with limits of
not less than $1,000,000. for each occurrence and an annual aggregate of
$2,000,000. covering claims involving privacy violations, information theft,
damage to or destruction of electronic information, intentional and/or
unintentional release of private information, alteration of electronic information,
extortion and network security.
3. SELF-INSURANCE
If a Contractor elects to "self -insure" for any or all of the insurance requirements, the
Contractor must obtain approval of its self-insurance from the Office of Risk and
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Insurance Management (ORIM). In order to obtain that approval, the following must
be submitted to ORIM:
A. Workers' Compensation: Certificate of Consent to Self -Insure from the CA
Department of Industrial Relations.
B. All Other Insurance:
1) A cover letter from the firm's risk manager, or similar position within the firm,
providing a written description of the Contractor's self-insurance plan for the
other types of insurance. The description must detail what is covered by the
plan and identify the source of funds for financing the plan.
2) An audited financial statement from the most recently completed quarter,
together with any applicable accounting letters for the report.
3) Evidence of the firm's equity of at least $5,000,000 and a minimum annual net
profit of $500,000 for the last five years. A signed written statement from the
firm's CPA stating that the firm's annual net profit for the past five years has
been a minimum of $500,000.
4) The State reserves the right to verify the source of funds for financing the self-
insurance plan. The State also reserves the right to require subsequent
assistance from the firm's risk manager to identify the funds and provide
explanations of aspects of the plan which need clarification.
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EXHIBIT E: DEFINITIONS
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The following definitions will be used for this Agreement:
Account: A company billed / company paid carded or card -less account to
which charges and payments may be posted.
Account User: Participating Entity or any other individual that the Participating
Entity has notified the Contractor as being authorized to use the Account or a
Card.
Ad Hoc Reporting: The standard commercial practice of creating customized
reports, billing statements and services to meet unique needs of Participating
Entities. Provides the ability for DGS-OFAM, at a minimum, to access all data
elements of the Participating Entities' transaction records and create reporting in
html, Excel, and text (ASCII) formats as defined by DGS-OFAM or Participating
Entities.
Agreement: The Master Service Agreement ("MSA") which includes the Std. 213
form, all Exhibits and mutually agreed upon amendments thereto.
Authorization: The process of verifying, at the point of sale, that a purchase
being made is allowable given the requirements, prohibitions, and controls
established by the Participating Entity or State FPS Program Manager.
Basis Point (BP): A unit that is equal to 1/100th of 1%.
Billing Cycle: A specific recurring time period between the time when
statements of account are processed.
Business Day: Any day other than a Saturday, Sunday, or other day on which
banking institutions are generally authorized or required by law or executive
order to close.
Card: Plastic card provided by Contractor that may be used to access an
Account.
Cardholder: An individual or department issued a card at the request of the
Participating Entity. The Cardholder holds the primary responsibility for proper
usage of the card.
Chargeback: A refund or reversal of charge, made by a credit card company, to
a credit Cardholder after the Cardholder successfully disputes an item on their
credit card statement.
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Charge -Off: Charge amounts not paid by Participating Entities within one -
hundred eighty (180) days of statement issuance and written off by Contractor.
Charge -offs can be deducted from the Total Spend Incentive to DGS-OFAM.
Controls: Authorization tools designed to assist Participating Entity with
managing Transactions.
Credit Limit: Amount of credit assigned to Participating Entity's Account as
established by Contractor.
Data Capture: Level of detail that a merchant passes to the credit card
processing network.
Level I — Standard commercial transaction data that includes the total
purchase amount, the date of purchase, the merchant category code,
merchant's name, city/state, debit/credit indicator, date charge/credit was
processed by the Contractor, Contractor processing/transaction reference
number for each charge/credit, and other data elements as defined by the
Associations or similar entity.
Level II — In addition to Level I data, includes transaction amount, date,
tax amount, customer code, merchant postal code, tax identification,
merchant minority code and merchant state code. And may include
additional data regarding sales tax, customer code, purchase order
number, invoice/billing statement number captured at the point of sale. In
most cases, this information is combined with the merchant's Tax ID
number, state, and postal code data and is then passed through during
settlement.
Level III — Full line item detail. The data fields required for Level III
include those from Level II in addition to other fields, such as fleet card
user's name, vendor, billing statement date, UNSPSC code, product code,
item cost, description, quantities, unit of measure, product codes, product
descriptions, ship to/from zip codes, freight and duty amounts, order date,
discount amount, order number, item extended amount, item tax
identification and amount.
Direct Bill Account: See Account.
Disputes/Disputed Item: Charges where validity is being questioned or
challenged by the Participating Entity (account holder).
Driver Identification Number (DIN): The identification number associated with
an Account User or Card.
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Fraudulent Charges/Transactions: Charges not initiated, authorized or
otherwise requested by a Participating Entity by any means (e.g., electronic,
telephonic or written). A term used for theft and fraud committed using a credit
card or any similar payment mechanism as a deceptive source of funds in a
transaction. The purpose may be to obtain goods without paying, or to obtain
unauthorized funds from an account.
Go Live Date: Date when Participating Entities may begin FPS services and
charge to payment accounts.
Hierarchy: The organizational structure utilized by the Contractor to delineate
multiple account levels, naming conventions, and authorization roles.
Master Service Agreement or "MSA": See Agreement
Merchant Category Code (MCC): A four -digit code that identifies and classifies
goods or services offered by a merchant. The code controls where purchases
are allowable. The merchant designates their MCC with the applicable
bank/association.
Misuse: Use of an account by an Account user for other than the official
government purpose for which it is intended. Any act of corruption or attempt to
cheat the State or its agents, including but not limited to, the use of government
charge cards to transact business that is not sanctioned or authorized, not in
one's official government capacity, not for the purpose for which the card was
issued, or not as part of official government business.
Optional User: Any city, county, district, or other local governmental body or
corporation including the California State Universities (CSU) and University of
California (UC) systems, K-12 school districts and community colleges
empowered to expend public funds. Each Optional User makes its own
determination whether or not use of the FPS Agreement is consistent with its
procurement policies and regulations.
California State University System (CSU), University of California
System (UC) and California Community Colleges (CCC): Persons on
official business for higher level education within California that are
supported with public funds and are authorized by action of and operated
under the oversight of a publicly constituted local or state educational
agency. These entities are considered as Non -Executive Branches of
California State Government but are currently not required to use this
payment system.
Local Government Agencies: Elected officials and other personnel of
local agencies within California, to the extent that the travel is undertaken
in accordance with the laws governing those agencies; persons employed
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by or affiliated with the California League of Cities (CLC), the California
State Association of Counties (CSAC), the California State Districts
Association (CSDA) or affiliated organizations. Whenever the term "state
business" is used in this Agreement, it shall be read to include travel
undertaken to perform the official business of local government agencies,
CLC, CSAC, CSDA or the affiliated organizations referred to herein.
Kindergarten through Grade Twelve (K-12) Public School Districts:
Persons on official business for K-12 educational institutions that are
supported with public funds and are authorized by action of and operated
under the oversight of a publicly constituted local or state educational
agency.
• Special Districts: A political subdivision of the state, established to
provide a single public service (as water supply or sanitation) within a
specific geographic area.
Participating Entities: State Agencies and Optional Users who have executed
a Subsidiary Agreement under the MSA.
Party: Contractor or Participating Entity
Parties: Contractor and Participating Entity
Program Administrator: The lead representative of a Participating Entity who
coordinates, directs, manages and oversees the fleet card -related business for
their agency, is assigned access and authorized use of the Contractor's online
account and data management system, and is a contact between DGS-OFAM,
Cardholders and the Contractor.
Real-time: Data is delivered immediately after collection and accessible once it
is posted within the system.
State Agency: Any state of California governmental agency, department,
bureau, board or commission within the Executive and Non -Executive Branches
of California State Government.
• State Judicial Branch: Justices, officers, and employees of the Supreme
Court of California, the Courts of Appeal, the Judicial Council of California
and the State BAR of California.
State Legislative Branch: Members of the State Senate, Members of
the State Assembly, and Legislative staff members.
State FPS Program Manager: Individual designated by the DGS-OFAM to
serve as the primary point of contact between DGS-OFAM and the Contractor
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Department of General Services
Fleet Payment System (FPS)
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responsible for managing day-to-day operation of the State's Fleet Card
Program.
Subsidiary Agreement: The participating agreement form for State Agencies
and Optional Users incorporating all terms and conditions of the MSA and
agreeing to participate in the State's Fleet Card Program.
Suspending Accounts: The process by which a specified account is
temporarily deactivated due to delinquency or multiple pre -suspension actions
Total Spend: Annual combined charges of all accounts, less refunds,
Fraudulent Charges, and chargebacks.
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Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
EXHIBIT F: SPECIAL PROVISIONS
This exhibit identifies additional terms governing the Fleet Payment System (FPS)
services provided by Contractor to Participating Entities within the state of California
Fleet Card Program.
1. Use of Account.
The Account may be used to make purchases at merchants participating in the WEX
network. Participating Entity shall adopt and follow internal policies and controls to
ensure that the Accounts and Cards are used strictly for business purposes.
Purchases of lottery tickets or other games of chance, gift cards, pre- paid cards or
other cash equivalent transactions are prohibited.
2. Account Users.
A. Participating Entity shall designate Account Users as well as those contacts
authorized to: (a) provide Contractor with the information necessary to establish
and maintain Account(s), Cards, and DINs; (b) provide vehicle, driver and other
information; (c) receive all Account numbers, Cards or reports; (d) receive other
Account information; and (e) select additional products and/or services that may
be offered. Participating Entity will provide notice of any change or removal of
any contact or Account User either in writing, by telephoning Contractor's
customer service department or through Contractor's online system. Contractor
is authorized to take instruction from any Account User or contact with apparent
authority to act on Participating Entity's behalf.
B. Participating Entity is responsible for notifying Contractor of any revocation of
authority of an Account User to use a Card or the Account. An Account User
shall be deemed to have authority to use a Card and the Account until Contractor
receives notice of revocation of authority from Participating Entity in the manner
required by Contractor.
C. Participating Entity agrees to keep DINs confidential and ensure that its
employees or Account Users do not disclose any DIN, except as needed to
utilize the services within this agreement. Participating Entity shall not provide
actual, implied or apparent authority to any individual to use a Card or the
Account except for an Account User. Non-compliance with this provision may be
deemed misuse, in which case Participating Entities may be liable to pay.
3. Credit Limit and Authorizations.
A. Contractor will notify Participating Entity of the Credit Limit assigned to the
Account. Participating Entity shall ensure that the balance of the Account does
not exceed the assigned Credit Limit. Contractor may change the Credit Limit in
its sole discretion, except as may be required by applicable law. Contractor must
notify the Participating Entity of any decrease in Credit Limit. Contractor may,
but is not required to, permit Participating Entity to exceed its Credit Limit.
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Department of General Services
Fleet Payment System (FPS)
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Participating Entity must comply with the Credit Limit even if Contractor has
previously permitted Participating Entity to exceed the Credit Limit.
B. Contractor has sole discretion to determine whether to establish an Account and
extend credit to Optional Users.
4. Controls.
A. Participating Entity may request that Controls be applied to the Account. The
availability and effectiveness of Controls is dependent upon each merchant's
adoption of Card specifications and the information, including product codes that
the merchant transmits to Contractor. The product codes are assigned by each
merchant and not by Contractor. In addition, some Controls are not enforceable
at island card readers due to equipment restrictions at the merchant location.
There are inherent limitations on the ability of Controls to limit the use of Cards.
B. Contractor may, in its sole discretion and with prior notice to Participating Entity,
modify Controls for the purpose of, among others, the prevention of suspected
fraudulent activity. Contractor may apply default Controls on all card accounts
under this Agreement with prior notice to DGS-OFAM and all Participating
Entities. Contractor may apply default Controls on a Participating Entity's
accounts with prior notice to the Participating Entity. Participating Entity shall
review and manage the account set-up for all Cards based on Participating
Entity's specific purchasing needs. Participating Entity agrees it is responsible for
reviewing fraud control data provided by Contractor for the purpose of detecting
fraud that may occur within Control parameters.
C. Default Control values are modified through the online product. More detailed
information and certain limitations regarding Controls is provided online. Only
Transactions submitted for authorization are subject to Controls and those
Controls can only be enforced when the merchant provides sufficient information
as part of the authorization.
5. Billing and Payments.
A. Contractor will provide Participating Entity with an itemized billing statement for
each Billing Cycle in which the Account has activity. Participating Entities will
choose to receive billing statements via US Paper Mail or electronically through
the Contractor's online system. If the Participating Entity elects to receive
electronic billing statements, the Contractor will provide notification of billing
statement availability and suppress paper billing statements. The full amount of
each Participating Entity's billing cycle balance, except for disputed or fraudulent
transactions, will be due within 45 days from the billing cycle close date, or
Participating Entity's receipt of the billing statement, whichever is later. Billing
disputes are further outlined in Section 7.
B. Participating Entity will pay Contractor for all undisputed transactions under the
Account, as provided in this Agreement. Participating Entity may pay the entire
balance of the Account or a portion of it, at any time prior to its due date without
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Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
penalty.
C. All payments must be made in United States dollars, using checks or similar
payment instruments drawn on financial institutions in the United States or by
payment through the Automated Clearing House network in accordance with
Contractor's requirements.
D. By entering a subsidiary agreement, the Participating Entity understands and
acknowledges that payments made via paper check should account for mailing
and check processing time, so the check arrives in time to be processed and
post to the account.
E. For payments not made by paper check, payments on a Business Day before the
cut-off time in this Section 5.5 (the "Cut-off Time") will be posted on that Business
Day. Payments after the Cut-off Time on a Business Day, or on a day other than
a Business Day, will be posted on the following Business Day. The Cut-off Times
for payments not made by check are as follows: a payment transaction made via
Contractor's online payment portal must be completed by 3:00 p.m. ET; a
payment transaction made via IVR must be completed by 3:00 p.m. ET; and a
payment transaction made via ACH must arrive to Contractor by 3:00 p.m. ET.
F. Regardless of payment method, Participating Entity must ensure that
Participating Entity's account number is provided with the payment. Failure to do
so may cause processing delays in posting the payment to the Account.
Payments that are received at locations other than the address specified on the
billing statement, or that do not otherwise comply with instructions on the billing
statement or the Agreement, may be delayed in posting.
6. Reports.
Contractor provides Transaction data for the Account to the Participating Entity as
transmitted by merchants. Participating Entity is responsible for reconciling that data.
Contractor will report the data received from merchants and as such is not liable for
the accuracy or completeness of the data received, posted, or contained in any
specialty reports, management reports, data services, or other information services
provided. In addition, Participating Entity understands that in the event an error is
identified in a report, such as an incorrect product code, Participating Entity is still
liable for the Transaction, but may follow the dispute process as described in this
Agreement.
7. Disputed Amounts.
A. Participating Entity shall use its best efforts to resolve any disputes regarding
Transactions directly with the relevant merchant, including any dispute related to
the quality of goods or services that are purchased in a Transaction or any
warranty received in connection with a Transaction.
B. Transactions will be disputed in writing within sixty (60) days from the end of the
billing cycle. Participating Entity may dispute any amount reflected on a billing
statement, including but not necessarily limited to: (a) the amount if it does not
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Fleet Payment System (FPS)
MSA # 5-19-99-19
reflect the face value of the Transaction; (b) the amount being disputed is a fee
that is not properly accrued under this Agreement; or (c) Participating Entity does
not believe it is liable for that amount. Contractor acknowledges that the state
cannot pay for goods and services it has not received and agrees to resolve, on
a case -by -case basis, disputes reported outside of 60 days.
C. Transactions made at an island card reader where Participating Entity or Account
User did not obtain a receipt at the time of sale are eligible for dispute. However,
the receipt may provide the only opposing record to the Transaction information
submitted by the merchant. In addition, island card reader Transactions require
both a valid Card and DIN to be authorized, and often disputes regarding such
transactions are determined to be misuse, in which case the Participating Entity
is liable to pay.
D. Certain Transactions in dispute may qualify for charge back to the merchant.
Contractor will use reasonable efforts to charge the Transaction back to the
merchant in accordance with Contractor's procedures under its merchant
acceptance agreement with the merchant. Any charge back paid by the
merchant to Contractor will be credited to the relevant Account.
8. Misuse.
A. If Participating Entity or an Account User knows of or suspects the loss or theft of
a Card or Account or possible Misuse, or if Participating Entity would like to
terminate authority of an Account User to use a Card or Account, Participating
Entity will notify Contractor by immediately calling 1-866-544-5796. Participating
Entity shall adopt and maintain reasonable security precautions and controls to
prevent Misuse.
B. Participating Entity will use reasonable efforts to recover a Card from any
individual whose authority to use Participating Entity's Account has terminated or
from any unauthorized individual with possession of or access to a Card.
Participating Entity agrees to assist Contractor in determining the facts,
circumstances and other pertinent information related to any loss, theft or
possible Misuse of Card and to comply with such procedures as may be required
by the Contractor in connection with Contractor's investigation.
9. Representations by Participating Entity.
By executing a Subsidiary Agreement, Participating Entity represents and warrants to
Contractor that: (a) this Agreement constitutes the legal, valid, binding, and
enforceable agreement of Participating Entity; and (b) that Participating Entity's
execution and performance of this Agreement (i) does not constitute a breach of any
agreement between Participating Entity and an individual other than Contractor, or of
any duty arising in law or equity, (ii) does not violate any law, rule or regulation
applicable to Participating Entity, and (iii) if Participating Entity is an organization, is
within the organizational powers of Participating Entity and has been authorized by all
necessary organizational action of Participating Entity.
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Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
10.Other Obligations of Participating Entity.
A. Participating Entity shall provide information requested by Contractor for
purposes of Contractor's compliance with federal law related to Participating
Entity identification and verification, including, but not limited to, name, business
address, and other application information to identify the Participating Entity
and/or Account Users.
B. Contractor may investigate the financial condition of Participating Entity and its
subsidiaries and affiliates at any time. If requested, Optional User agrees to
furnish Contractor copies of its official and finalized financial statements or other
applicable financial information no later than one hundred twenty (120) days
following the end of each of its fiscal years. The financial statements shall have
been prepared, consistently year -over- year and shall be in accordance with the
books and records of the Optional User. Any financial information submitted shall
be kept confidential by Contractor in accordance with Exhibit A, Section 21
(Security and Confidential Information).
C. Participating Entity agrees to provide written notice (a) immediately if
Participating Entity becomes insolvent or the subject of bankruptcy or insolvency
proceedings, or (b) immediately after any appointment of a receiver or trustee for
the benefit of creditors of Participating Entity.
D. The state of California will be credit qualified as a single entity upon execution of
the Master Agreement. Individual state agencies will not be required to credit
qualify on their own. Each local governmental agency must individually credit
qualify. Contractor will not require the state of California or local governmental
agency to provide financial information that Contractor can obtain on its own.
11. Foreign Transactions.
A. Cards are issued for use by Participating Entity's operations based in the United
States but may be used in Canada. Participating Entity may not distribute a Card
to an individual based in a country other than the United States. If a Card is used
in any country other than the United States, Participating Entity will: (a) be billed
in U.S. Dollars; and (b) receive reporting in English.
B. Contractor will convert any Transaction made in a foreign currency into a U.S.
Dollar amount before the Transaction is posted to the Account. The exchange
rate between the Transaction currency (the foreign currency) and the billing
currency (U.S. Dollars) used for processing an international Transaction is a rate
selected by Contractor using rates available in wholesale currency markets for
the date that the Transaction is posted by Contractor, which rate may vary from
the rate Contractor itself receives, or the government mandated rate in effect at
that time. The conversion rate used on the posting date may differ from the rate
applicable on the date of the Transaction.
12. Program Information.
Transaction information related to the Account may be provided to merchants who
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Department of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
accept the Card as payment for goods and services.
13. Miscellaneous.
A. Participating Entity may purchase dyed special fuel using its Account or Cards.
Participating Entity acknowledges that all dyed special fuel purchases will be
used according to all applicable laws governing its use. Contractor is not liable in
any way for any misuse or mishandling by Participating Entity of any dyed
special fuel. Upon request from applicable governmental authorities, Contractor
may provide information regarding Participating Entity's dyed special fuel
purchases without prior authorization from Participating Entity. Upon request,
Contractor must provide notification of such release of information to the
Participating Entity and/or FPS Program Manager, unless prohibited.
B. Contractor may monitor telephone communications between its employees and
its customers for service quality purposes, if caller is notified at the beginning of
the telephone communication.
C. Contractor's compliance with this Agreement shall be excused to the extent that
any failure or delay in performance by Contractor is attributable, in whole or in
part, to causes or circumstances beyond Contractor's reasonable control
including, but not limited to, acts of God; civil disturbance; war; acts of
government and natural disasters.
D. If either Party is notified by a state or federal regulatory body that any aspect of
the services provided by the Contractor under this Agreement does not comply
with any applicable law, regulation, rule, policy, or order, then the affected Party
shall give the other Party prompt written notice of the non-compliance. Following
notice, the affected obligations will be suspended so long as the affected Party is
unable to perform due to the notice given by the state or federal regulatory body.
E. No delay or omission by Contractor to exercise any right under the Agreement
shall impair such right or be construed to be a waiver of any default. The
authorization of Transactions shall not constitute any waiver, including of
Contractor's rights with respect to such Transaction. Any single or partial
exercise of any such right by Contractor shall not preclude other or further
exercise thereof or the exercise of any other right. No waiver, amendment, or
other variation of the terms, conditions, or provisions of the Agreement shall be
binding on Contractor unless in writing, and then only to the extent set forth in
such writing.
F. Except as otherwise provided in this Agreement, all notices will be in writing and
deemed effective when personally delivered or mailed, first class postage
prepaid to the appropriate Party at the address set forth in the application for
credit or at such other address as the Parties may indicate from time to time. In
addition to the notice methods provided above, the Contractor and Participating
Entities agree that a communication: (a) by facsimile to a number identified by
the recipient as appropriate for communication under this Agreement; or (b) by
email to or from an address normally used by an Account User for business
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Department of General Services
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communications, shall be considered to be a "writing" and to be "signed" by the
Party transmitting it for all purposes.
G. Contractor's billing and payment system provides for various billing cycle and
payment timing options. In the event Participating Entity desires to change billing
cycles Participating Entity must make a request to Fleet Receivables for a billing
cycle change. Upon receipt of the request it will be a minimum of thirty (30)
business days to change the billing cycle. In addition, any changes to billing
cycles will not take effect until after the current cycle has closed. Cycle changes
cannot be made mid -month or mid -week from monthly to weekly billing cycles
and cycle changes cannot be made mid -week or mid -month from weekly to
monthly billing cycles. Cycle changes can only be made once per calendar year
for each billing entity.
14.WEXOnline®
A. General
WEX Inc., the parent company of Contractor ("WEX") provides WEXOnline®
subject to the following terms of use ("Terms"). WEX owns and operates
WEXOnline®. Any Participating Entity's continued use of WEXOnline®
constitutes its acceptance of these Terms.
B. Purpose of WEXOnline®
The goal of WEXOnline® is to provide any Participating Entity with access to
information about WEX products and services, and certain functionality with
respect to the Business Charge Accounts under any Participating Entity's
program.
C. Trademarks, Service Marks and Copyrighted Materials
WEX controls and operates WEXOnline®. All content on WEXOnline®, including,
but not limited to, text, photographs, images, illustrations, audio clips, and video
clips, is protected by copyrights, trademarks, service marks, and/or other
intellectual property rights (which are governed by United States and worldwide
copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes). The content is owned and controlled by
WEX, its affiliates, or by third party content providers, merchants, sponsors and
licensors (collectively the "Providers") that have licensed their content or the right
to market their products and/or services to users of WEXOnline® using
WEXOnline®. Participating Entity agrees to abide by all additional copyright
notices, information, or restrictions contained in any content that is presented on
WEXOnline®.
Participating Entities may not use any registered or unregistered trademarks,
service marks or copyrighted materials appearing on WEXOnline®, including but
not limited to any logos or characters, without the express written consent of the
owner of the mark or copyright. Participating Entity may not frame, deep link, or
otherwise incorporate into another website any of the content or other materials
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MSA # 5-19-99-19
on this website without WEX's express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or
criminal penalties under United States and/or worldwide copyright and trademark
laws.
D. Use of the Site
Participating Entity is accessing WEXOnline® using the Internet and Participating
Entity's Internet service provider.
Participating Entity agrees not to use WEXOnline® for any purpose except (a)
access to descriptions of WEX products and services and (b) to the extent
agreed with WEX, certain specified functionality with respect to the Business
Charge Accounts under articipating Entity's program. In using WEXOnline®
Participating Entity agrees not to disrupt or interfere with the site, its services,
system resources, nor to upload, post or otherwise transmit any viruses or other
harmful, disruptive, inappropriate, illegal or destructive files. Participating Entity
also agrees not to use, attempt to use, or access other accounts, or create or
use a false identity on WEXOnline®.
WEX reserves the right to terminate or suspend access to WEXOnline®, in
whole or in part, at any time, with prior notice (except in the event that
suspension is needed to prevent an imminent security threat, in which case WEX
will provide notice promptly following such suspension).
This site and the information provided on this site is provided "AS IS" without any
representation or warranty, express or implied, of any kind, including, but not
limited to, warranties of merchantability, non infringement, or fitness for a
particular purpose.
E. Governing Law
WEX operates WEXOnline® (excluding linked sites) from our offices within the
state of Maine. The website can be accessed from all 50 states, as well as from
other countries around the world. These Terms and Participating Entity's use of
the web site shall be governed by the laws of the state of California, without
regard to conflict of laws provisions and shall not be governed by the United
Nations Convention on the International Sale of Goods. WEX makes no
representation that materials on this website are appropriate or available for use
in other locations and accessing them from territories where the content is illegal
is prohibited. Customers who choose to access WEXOnline® from other
locations do so at their own risk and are responsible for compliance with local
laws, including laws regarding the transmission of technical data exported from
the United States or the country in which the user resides.
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Department of General Services
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EXHIBIT G: CONTRACTOR'S TECHNICAL PROPOSAL
The contractor's technical proposal is incorporated by reference in its entirety, only
services identified in Exhibit A apply to this agreement.
Page 34 of 34
Attachment No. 5
FUEL CARD PROGRAM
PURPOSE:
To promote operational efficiency, purchases of unleaded and diesel fuel may be made using the credit
card. The following policy and procedure are established to insure internal control and timely payment
of charges.
POLICY:
The City provides a universal fuel card system that allows authorized employees to fuel City vehicles at
most major retail gas stations, other than Arco and small independent stations, located in West Covina
and throughout California. The use of the fuel card is restricted to official City business and may not
be used for personal purchases. Use of the card is restricted to the purchase of fuel only. Any
misuse of the card will result in disciplinary action, up to and including termination. The basic
purchasing policy of the City of West Covina is to obtain quality supplies, services, and equipment
needed for the proper operation of its various departments at the lowest possible cost. In keeping with
this policy, every effort should be made to purchase fuel at West Covina stations whenever possible at
the lowest possible price. Except for motorcycles that use a higher -octane gasoline, the purchase of
unleaded gasoline will be limited to regular, 87 octane.
PROVISIONS:
Card Limits - Use of the City's card is limited to fuel purchases only specifically related to City
business for a maximum purchase not to exceed $150/purchase. Using the City credit card for
personal purchases is not permitted. Based on a sample of past bills for fuel usage, each card is
restricted by a daily transaction limit and a monthly spending limit. In most cases, cards are
limited to three (3) transactions per day and a monthly limit of$1200.
a) If necessary, the card system will allow a driver up to one additional transaction per day
beyond the limit shown and one additional fueling beyond the monthly spending limit. The
card will block usage beyond this "soft" limit.
b) If fuel consumption or cost patterns indicate that the limits are too low, adjustments to the
card limits can be made by a Department Head (his/her designee) sending a request in
writing to Fleet Operations or the Purchasing Division.
2. Card assignment - fuel cards will be assigned to all City vehicles, and individual cards will be kept
in each vehicle.
a) Any authorized employee may use the card assigned to a City vehicle. A list of employees
authorized to drive/fuel City vehicles is maintained in Finance and Fleet Operations.
b) The card shall only be used to fuel the vehicle to which it is assigned. Employees shall not
use the card to fuel any other vehicle except the one to which it is assigned, and employees
shall not fuel multiple vehicles at the same time using one card.
32
c) A sign out/in log must be used every time a department issued fuel card is checked out. That
log must be made available to fleet operations upon demand.
d) Department Heads may request the addition/deletion of authorized employees by contacting
Purchasing, ext. 8443 or Fleet, ext. 8789.
e) Inappropriate use of the fleet card may result in disciplinary action, including termination of
employment and criminal action.
3. Card Instructions — The following directions are provided to aid employees with step-by-step
instructions for using the fuel card.
a) If the gas station has a card reader located at the pump, swipe your card once. (DO NOT
swipe your card multiple times as this will cause the card to lock out any additional
transaction.)
b) If the pump terminal prompts you to choose either "Credit' or "Debit," press the "Credit"
key.
c) The terminal should then request your "DRIVER ID" number or "PIN" number. Your
DRIVER ID and PIN are the same 6-digit numbers. The numbers consist of your 2-digit
department number plus your Employee number. (Use 0 between department and employee
number so that the PIN number totals six digits.)
Example: John Doe is employee #343. He works for Police, department 31. His DRIVER
ID/PIN # is therefore 31 (Department) + 0 (extra digit) + 343 (employee #) = 310343
d) Finally, the terminal will ask you to enter the ODOMETER reading. Enter your odometer as
a whole number. DO NOT enter tenths of miles.
e) Because all terminals are different, you may be required to enter the information in a
different order. Simply follow the instructions on the terminal to process your transaction.
f) If there are no pump card readers, or if the card reader will not accept the card, see the
attendant inside to process your fuel transaction. If the station attendant cannot process the
transaction electronically, then a manual receipt should be issued.
g) If the sale must be processed manually, write your DRIVER ID/PIN #, the UNIT # and
ODOMETER reading on the receipt. If your card cannot be read at any location, the
magnetic strip may be damaged. Request a replacement card from your fleet manager:
Fleet - (626) 939-8789 or Purchasing — (626) 939-8443.
h) If the station attendant has questions, he/she may call the Customer Service number on the
back of the card.
33
i) Before leaving the vehicle, verify that the card has been returned to its correct place within
the vehicle.
4. Lost or Stolen Cards — A lost or stolen card must be reported to the Fleet Manager
immediately. Contact Fleet Operations at (626) 939-8458 or Purchasing Division at (626)
939-8443. The Fleet Manager will notify Fleet Systems.
34