HomeMy WebLinkAboutR-2010-081 State of Washington Fleet Credit Card Program Service ContractRESOLUTION NO. R-2010-81
A RESOLUTION directing the City Manager to execute an agreement to participate in the
State of Washington Fleet Credit Card Program, Contract No. 06507,
thereby allowing City of Yakima Van Pool drivers to purchase gasoline
through that program.
WHEREAS, the City of Yakima Transit Division administers Van Pool operations
including the supervision of Van Pool Drivers and their vehicles; and
WHEREAS, the Fleet Credit Card Program as administered and controlled by the
Transit Division will allow Van Pool drivers to purchase gasoline outside of the City of Yakima;
and
WHEREAS, certain City Van Pool routes do not include travel into the City of Yakima to
allow drivers to utilize existing opportunities to efficiently purchase gasoline for Van Pool
vehicles; and
WHEREAS, the City Council believes that it is advantageous and appropriate for the
City to operate Van Pools in the Naches and White Pass areas and that the need for
establishing a convenient and efficient means of purchasing gasoline make the State of
Washington Fleet Credit Card Program necessary; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and/or the Finance Director is hereby authorized and directed to
execute an agreement with Comdata Corporation to become an authorized user of State of
Washington Fleet Credit Card Program Contract No. 06507.
ADOPTED BY THE CITY COUNCIL this 15th day of June, 2010.
ATTEST:
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Micah awley, Ma or
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State of Washington
Department of General Administration
Office of State Procurement (OSP)
Contract 06507
For Purchases of Materials, Supplies, Services, and Equipment
Under the Authority of
Chapter 43.19 RCW
Washington State Department of General Administration
Office of State Procurement. PO Boa 41017, Olympia. WA 98504-1017
To request thus infortnation in alternative formats call 360.907.7400 or TDD 360.664.: 799.
Rev. 20070806
TABLE OF CONTENTS
1 PARTIES 4
2 RECITALS 4
3 STANDARD DEFINITIONS 4
4 STANDARD TERMS AND CONDITIONS 7
4.1 CONTRACT TERM 7
4.2 SURVIVORSHIP 7
5 PRICING, INVOICE AND PAYMENT 8
5.1 STATEWIDE VENDOR PAYMENT REGISTRATION 8
5.2 PAYMENT, INVOICING AND DISCOUNTS 8
5.3 SALES & SUBCONTRACTOR REPORTS 9
5.4 NO ADDITIONAL CHARGES 9
5.5 TAXES, FEES AND LICENSES 9
5.6 OVERPAYMENTS TO CONTRACTOR 10
5.7 IDENTIFICATION 10
5.8 ADVANCE PAYMENT PROHIBITED 10
6 CONTRACTOR'S RESPONSIBILITIES 10
6.1 ESTABLISHED BUSINESS 10
6.2 SUPERVISION AND COORDINATION 11
6.3 REGISTRATION WITH WASHINGTON'S ELEC1RONIC BUSINESS SOLUTION (WEBS) 11
6.4 MATERIALS AND WORKMANSHIP 11
6.5 SERVICE EXPECTATIONS 11
6.6 CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS 12
6.7. TRAINING 12
6.8 LIENS, CLAIMS AND ENCUMBRANCES 13
6.9 WARRANTIES 13
6.10 MINORITY AND WOMEN'S BUSINESS ENTERPRISE (MWBE) PARTICIPATION 13
7 CONTRACT ADMINISTRATION 13
7.1 LEGAL NOTICES 13
7.2 PURCHASING ACTIVITY CONTRACT ADMINISTRATOR 14
7.3 ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT AND CONFORMITY 14
7.4 SEVERABILITY 15
7.5 INDEPENDENT STATUS OF CONTRACTOR 15
7.6 ENTIRE AGREEMENT 15
7.7 CHANGES 15
7.8 CONTRACT SCOPE AND MODIFICATIONS 15
7.9 GOVERNING LAW/VENUE 15
7.10 SUBCONTRACTS AND ASSIGNMENT 15
7.11 ADVERTISING 16
7.12 RETENTION OF RECORDS 16
8 GENERAL PROVISIONS 16
8.1 GIFTS AND GRATUITIES 16
8.2 IMMUNITY AND HOLD HARMLESS 16
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8.3 INSURANCE 17
8.4 INDUSTRIAL INSURANCE COVERAGE 19
8.5 NONDISCRIMINATION 19
8.6 OSHA AND WISHAREQUIREMENTS 19
8.7 ANTITRUST 70
8.8 PERSONAL LIABILITY 10
8.9 PROTECTION OF CONFIDENTLAL AND PERSONAL INFORMATION 70
8.10 WAIVER 71
8.11 TREATMENT OF ASSETS 71
9 DISPUTES AND REMEDIES 22
9.1 PROBLEM RESOLUTION AND DISPUTES ')
9.2 ADMINISTRATIVE SUSPENSION '3
9.3 FORCE MAJEURE 73
9.4 ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS '4
9.5 NON-EXCLUSIVE REMEDIES 74
10 CONTRACT TERMINATION 24
10.1 MATERIAL BREACH 74
10.2 OPPORTUNITY TO CURE: 74
10.3 TERMINATION FOR CAUSE 75
10.4 TERMINATION FOR CONVENIENCE 75
10.5 TERMINATION FOR WITHDRAWAL OF AUTHORITY 76
10.6 TERMINATION FOR CONFLICT OF INTEREST 76
10.7 TERMINATION BY MUTUAL AGREEMENT 26
10.8 TERMINATION PROCEDURE 76
11 CONTRACT EXECUTION 28
11.1 AUTHORITY TO BIND
11.2 COUNTERPARTS 78
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CONTRACT NUMBER 06507
for
Fleet Card Services
1 PARTIES
This Contract ("Contract") is entered into by and between the state of Washington, acting by
and through The Office of State Procurement, an agency of Washington State government
("Purchasing Activity" or "State") located at 210 11t Ave SW, Olympia, WA 98504 and
Comdata Corporation a corporation licensed to conduct business in the state of Washington
Comdata Corporation located at 5301 Maryland Way, Brentwood, TN 37027 for the purpose
of providing Fleet Credit Card Services.
2 RECITALS
The state of Washington, acting by and through The Office of State Procurement, issued a
Request for: Proposal(RFP) dated February 21, 2008 (Exhibit A) for the purpose of
purchasing providing retail fuel cards and related services in accordance with its authority
under Chapter 43.19 RCW.
Comdata Corporation submitted a timely Response to the Office of State Procurement's
RFP (Exhibit B).
The Office of State Procurement evaluated all properly submitted Responses to the above -
referenced RFP and has identified Comdata Corporation as the apparently successful
Contractor.
The Office of State Procurement has deteinlined that entering into a Contract with Comdata
Corporation will meet Purchaser's needs and will be in Purchaser's best interest.
NOW THEREFORE, Purchasing Activity awards to Comdata Corporation this Contract,
the teinis and conditions of which shall govern Contractor's furnishing to Purchasers the
ability to purchase fuel and other products and services related to fleet management. This
Contract is not for personal use.
IN CONSIDERATION of the mutual promises as hereinafter set forth, the parties agree as
follows:
3 STANDARD DEFINITIONS
This section contains definitions of terms commonly used in Solicitations conducted by the
State of Washington, Office of State Procurement. Additional definitions may also be found
in Chapter 43.19 RCW and WAC 236-48-003, and all terms contained herein will be read
consistently with those definitions.
AGENCY -- Includes State of Washington institutions, the offices of the elective state
officers, the Supreme Court, the court of appeals, the administrative and other
departments of state government, and the offices of all appointive officers of the state.
"Agency" does not include the legislature but does include colleges, community colleges,
and universities who choose to participate in State Contract(s).
ALL OR NOTHLNG -- The result of a competitive Solicitation that requires that a
Contract be executed with a single Contractor for delivery of goods andior services. In
the event that suppliers are unable to deliver the entirety of the goods and/or services
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required, no Contract is executed. No partial fulfillment opportunities are available as a
result of the Solicitation
A method of award resulting from a competitive Solicitation by which the Purchasing
Activity will award the resulting Contract to a single Bidder. Also, a designation the
Bidder may use in its Bid or response to indicate its offer is contingent upon full award
and it will not accept a partial award.
ALTERNATE -- A substitute offer of materials, supplies, services and/or equipment that
is not at least a functional Equal in features, perfoiniance and use and which materially
deviates from one or more of the specifications in a competitive Solicitation.
AMENDMENT -- For the purposes of this Contract, shall mean an agreement between
the parties to change this Contract after it is fully signed by both parties. Such agreement
shall be memorialized in a written document describing the agreed upon change including
any terms and conditions required to support such chance. An Order Document shall not
constitute an Amendment to this Contract.
BID -- A written offer to perform a Contract to provide materials, supplies, services.
and/or equipment in response to an Invitation For Bid (IFB).
BIDDER -- A Contractor who submits a Bid or Proposal in response to a Solicitation.
BUSINESS DAYS -- Monday through Friday, 8:00 a.m. to 5:00 p.m.. Pacific Time,
except for holidays observed by the state of Washington.
CALENDAR DAYS -- Consecutive days of the year including weekends and holidays,
each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When
"days" are not specified, Calendar Days shall prevail.
CONTRACT -- An agreement, or mutual assent, between two or more competent parties
with the elements of the agreement being offer, acceptance, and consideration.
CONTRACT ADMINISTRATOR -- The person designated to manage the resultant
Contract for the Contractor; the primary contact for the Purchasing Activity with
Purchasers and Contractor on a specific Contract.
CONTRACTOR -- Individual, company, corporation, film, or combination thereof with
whom the Purchasing Activity develops a Contract for the procurement of materials,
supplies, services, and/or equipment.
CONTRACTOR'S REPRESENTATIVE -- An individual designated by the Bidder or
Contractor to act on its behalf and with the authority to legally bind the Bidder or
Contractor concerning the terms and conditions set forth in Solicitation, Bid and Contract
documents.
EQUAL -- An offer of materials, supplies, services and/or equipment that meets or
exceeds the quality, performance and use of the specifications identified in a Solicitation.
LNSPECTION -- An examination of delivered material, supplies,. services, and/or
equipment prior to Acceptance aimed at forming a judgment as to whether such delivered
items are what was ordered, were properly delivered and ready for Acceptance.
Inspection may include a high level visual examination or a more thorough detailed
examination as is customary to the type of purchase, as set forth in the solicitation
document and/or as agreed between the parties. Inspection shall be acknowledged by an
authorized signature of the Purchaser.
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Contract 06507 — Fleet Credit Card Services
OFFICE OF STATE PROCUREMENT — The organization within the Washington
Department of General Administration authorized under Chapter 43.19 RCW to develop
and administer contracts for goods and services on behalf of state agencies, colleges and
universities, nonprofit organizations, and local governments.
ORDER DOCUMENT -- A written communication, submitted by a Purchaser to the
Contractor, which details the specific transactional elements required by the Purchaser
within the scope of this Contract such as delivery date, size, color, capacity, etc. An
Order Document may include, but is not limited to field orders, purchase orders, work
order or other writings as may be designated by the parties hereto. No additional or
alternate terms and conditions on such written communication shall apply unless
authorized by this Contract and expressly agreed between the Purchasing Activity and the
Contractor.
PROCUREMENT COORDINATOR -- The individual responsible for conducting a
specific Solicitation.
PRODUCT -- Materials, supplies, services, and/or equipment provided under the terms
and conditions of this Contract.
PROPOSAL -- A written offer to perform a Contract to supply materials, supplies,
services, and/or equipment in response to a Request For Proposal (RFP).
PURCHASER -- The authorized user of this Contract, as identified in Part I of the
Solicitation, who may or actually does make purchases of material, supplies, services,
and/or equipment under this Contract.
PURCHASING ACTIVITY -- The Office of State Procurement or an Agency authorized
by law to conduct acquisition of materials, supplies, services, and/or equipment or
delegated that authority by the Office of State Procurement.
RECYCLED MATERIAL — Waste materials and by-products that have been recovered
or diverted from solid waste and that can be utilized in place of a raw or virgin material in
manufacturing a product and consists of materials derived from post -consumer waste,
manufacturing waste, industrial scrap, agricultural wastes and other items, all of which
can be used in the manufacture of new or recycled products.
REQUEST FOR PROPOSAL (RFP) -- The form utilized to solicit Proposals in the
formal, sealed Bid procedure and any amendments thereto issued in writing by the
Purchasing Activity. The specifications and qualification requirements are written in an
outcome based form allowing for consideration of a broad range of different solutions to
meet the procurement need.
RESPONSIBLE -- The ability, capacity, and skill to perform this Contract or provide the
service required , including, but not limited to the character, integrity, reputation,
judgment, experience, and efficiency of the bidder; Further considerations may include,
but are not limited to whether the bidder can perform the contract within the time
specified, the quality of performance of previous contracts or services, the previous and
existing compliance by the bidder with laws relating to the contract or services and such
other information as may be secured having a bearing on the decision to award the
contract:
RESPONSIVE -- A bid or response that meets all material terms of the Solicitation
document.
SOLICITATION -- The process of notifying prospective Bidders that the Purchasing
Activity desires to receive competitive Bids or Proposals for furnishing specified
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Contract 06507 — Fleet Credit Card Services
materials. supplies, services, and/or equipment. Also includes reference to the actual
documents used for that process, including: the Invitation.For Bids (IFB) or Request For
Proposals (RFP), along with all attachments and exhibits thereto.
STATE -- The State of Washington acting by and through the Purchasing Activity..
STATE CONTRACT -- The written document memorializing the agreement between the
successful Bidder and the Purchasing Activity for materials, supplies, services. and/or
equipment administered by the Office of State Procurement on behalf of the State of
Washington. "State Contract" does not include the following:
Colleges and universities that choose to purchase under RCW 28B.10.029
Purchases made in accordance with state purchasing policy under Washington Purchasing
Manual Part 6.11 Best Buy Program;
Purchases made pursuant to authority granted or delegated under RCW 43.19.190(2) or
(3);
Purchases authorized as an emergency purchase under RCW 43.19.200(2); or
Purchases made pursuant to other statutes granting the Agencyauthority to independently
conduct purchases of materials, supplies, services, or equipment.
SUBCONTRACTOR -- A person or business that is, or will be, providing or performing
an essential aspect of this Contract under the direction and responsibility of the
Contractor and with the agreement of the Purchasing Activity.
VENDOR -- A provider of materials, supplies, services, and/or equipment.
WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS) -- The Vendor
registration and Bidder notification system maintained by the Washington State
Department of General Administration located at: «-ww.ga.wa.gov/webs.
4 STANDARD TERMS AND'CONDITIONS
The terms and conditions contained in this section are intended to be standard terms and
conditions that apply to all Solicitations and subsequently awarded Contracts unless
otherwise provided in the respective Solicitation or Contract documents.
4.1 CONTRACT TERM
TERM
The initial term of this contract is three (3) years from date of award with the
option to extend for additional term(s) or portions thereof. Extension for each
additional term shall be offered at the sole discretion of the Purchasing Activity
and are subject to written mutual agreement. The total contract term, including
the initial term and all subsequent extensions, shall not exceed ten (10) years
unless an emergency exists and/or special circumstances require a partial term
extension. The state reserves the right to extend with all or some of the
contractors, solely determined by the state.
4.2 SURVIVORSHIP
All transactions executed for Products and Services provided pursuant to the
authority of this Contract shall be bound by all of the terms. conditions, Prices
and Price discounts set forth herein, notwithstanding the expiration of the initial
term of this Contract or any extension thereof. Further, the terms, conditions and
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warranties contained in this Contract that by their sense and context are intended
to survive the completion of the performance, cancellation or termination of this
Contract shall so survive. In addition, the terms of the sections titled
Overpayments to Contractor; Ownership/Rights in Data; Contractor's
Commitments, Warranties and Representations; Protection of Purchaser's
Confidential Information; Section Headings, Incorporated Documents and Order
of Precedence; Publicity; Retention of Records; Patent and Copyright
Indemnification; Contractor's Proprietary Information: Disputes; and Limitation
of Liability shall survive the termination of this Contract.
5 PRICING INVOICE AND PAYMENT
5.1 STATEWIDE VENDOR PAYMENT REGISTRATION
Contractors are required to be registered in the Statewide Vendor Payment system, prior
to submitting a request for payment under this Contract. Purchasers who are
Washington state agencies require registration to be completed prior to payment.
The Washington State Office of Financial Management (OFM) maintains a central
contractor registration file for Washington State agencies to process contractor payments.
To obtain registration materials go to http://www.ofm.wa.gov/accounting/vendors.asp
the form has two parts; Part 1 is the information required to meet the above registration
condition. Part 2 allows the state to pay invoices electronically with direct deposit and is
the state's most efficient method of payment and you are encouraged to sign up for this
form of payment.
5.2 PAYMENT, INVOICING AND DISCOUNTS
Payment is the sole responsibility of, and will be made by, the Purchaser.
Contractor shall provide a properly completed invoice to Purchaser. Invoices may be sent
electronically or be accessible via the interne at the Purchaser's request. All invoices are
to be delivered to the address indicated provided to the Contractor by the Purchaser.
Each invoice shall be identified by the associated Contract Number; the Contractor's
Statewide Vendor registration number assigned by Washington State Office of Financial
Management (OFM), the applicable Purchaser's order number, and shall be in U.S.
dollars. Invoices shall be prominently annotated by the Contractor with all applicable
prompt payment and/or volume discount(s) and shipping charges unless otherwise
specified in the Solicitation. Hard copy credit memos are to be issued when the state has
been overcharged.
Invoices for payment will accurately reflect all discounts due the Purchaser. Invoices will
not be processed for payment, nor will the period of prompt payment discount commence,
until receipt of a properly completed invoice denominated in U.S. dollars and until all
invoiced items are received and satisfactory performance of Contractor has been accepted
by the Purchaser. If an adjustment in payment is necessary due to damage or dispute, any
prompt payment discount period shall commence on the date final approval for payment is
authorized.
Under Chapter 39.76 RCW , if Purchaser fails to make timely payment(s), Contractor may
invoice for 1% per month on the amount overdue or a minimum of 81.00. Payment will
not be considered late if a check or warrant is mailed within the time specified. If no
terms are specified, net 30 days will automatically apply. Payment(s) made in accordance
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Contract 06507 — Fleet Credit Card Services
with Contract terms shall fully compensate the Contractor for all risk, loss, damages or
expense of whatever nature and acceptance of payment shall constitute a waiver of all
claims submitted by Contractor. If the Contractor fails to make timely payment(s) or
issuance of credit memos, the Purchaser may impose a 1% per month on the amount
overdue.
Payment for materials, supplies and/or equipment received and for services rendered shall
be made by Purchaser and be redeemable in U.S. dollars. Unless otherwise specified. the
Purchaser's sole responsibility shall be to issue this payment. Any bank or transaction
fees or similar costs associated with currency exchange procedures or the use of
purchasing/credit cards shall be fully assumed by the Contractor.
5.3 SALES & SUBCONTRACTOR REPORTS
The Contractor shall provide a Sales and Subcontractor Report to the Office of State
Procurement on a quarterly basis in the electronic format provided by the Office of State
Procurement at: httn://www.ga.wa.gov/Purchase/index.html
Reports must be submitted electronically within thirty (30) days after the end of the
calendar quarter, i.e., no later than April 30th, July 31st, October 31st and January 31st.
5.4 NO ADDITIONAL CHARGES
Unless otherwise specified in the Solicitation no additional charges by the Contractor will
be allowed including, but not limited to: handling charges such as packing, wrapping,
bags, containers, reels; or the processing fees associated with the use of credit cards.
Notwithstanding the foregoing, in the event that market conditions, laws, regulations or
other unforeseen factors dictate, at the Contract Administrators sole discretion, additional
charges may be allowed.
5.5 TAXES, FEES AND LICENSES
Taxes:
Where required by statute or regulation, the Contractor shall pay for and maintain in
current status all taxes that are necessary for Contract performance. Unless otherwise
indicated, the Purchaser agrees to pay State of Washington taxes on all applicable
materials, supplies, services and/or equipment purchased. No charge by the Contractor
shall be made for federal excise taxes and the Purchaser agrees to furnish Contractor with
an exemption certificate where appropriate.
Collection of Retail Sales and Use Taxes:
In general, Contractors engaged in retail sales activities within the State of Washington
are required to collect and remit sales tax to Department of Revenue (DOR). In general,
out-of-state Contractors must collect and remit "use tax" to Department of Revenue if the
activity carried on by the seller in the State of Washington is significantly associated with
Contractor's ability to establish or maintain a market for its products in Washington State.
Examples of such activity include where the Contractor either directly or by an agent or
other representative:
1. Maintains an in-state office, distribution house, sales house, warehouse, service
enterprise, or any other in-state place of business;
Maintains an in-state inventory or stock of goods for sale;
Regularly solicits orders from Purchasers located within the State of Washington
via sales representatives entering the State of Washington;
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4, Sends other staff into the State of Washington (e.g. product safety engineers, etc.)
to interact with Purchasers in an attempt to establish or maintain market(s); or
5. Other factors identified in WAC 458-20 .
Department of Revenue Registration for Out -of -State Contractors:
Out-of-state Contractors meeting any of the above criteria must register and establish an
account with the Department of Revenue. Refer to WAC 458-20-193, and call the
Department of Revenue at.800-647-7706 for additional information. When out-of-state
Contractors are not required to collect and remit "use tax," Purchasers located in the State
of Washington are responsible for paying this tax, if applicable, directly to the Department
of Revenue.
Fees/Licenses:
After award of Contract, and prior to commencing performance under the Contract, the
Contractor shall pay for and maintain in a current status any licenses, fees, assessments,
permit charges, etc., which are necessary for Contract performance. It is the Contractor's
sole responsibility to maintain licenses and to monitor and determine any changes or the
enactment of any subsequent regulations for said fees, assessments, or charges and to
immediately comply with said changes or regulations during the entire term of this
Contract.
Taxes on Invoice:
Contractor shall calculate and enter the appropriate Washington State and local sales tax
on all invoices. Tax is to be computed on new items after deduction of any trade-in in
accordance with WAC 458-20-247.
5.6 OVERPAYMENTS TO CONTRACTOR
Contractor shall refund to Purchaser the full amount of any erroneous payment or
overpayment under this Contract within thirty (30) days' written notice. If Contractor fails
to make timely refund, Purchaser may charge Contractor one percent (1 %) per month on
the amount due, until paid in full.
5.7 IDENTIFICATION
All invoices, packing lists, packages, instruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with this Contract shall
be identified by the Contract number and the applicable Purchaser's order number.
Packing lists shall be enclosed with each shipment and clearly identify all contents and any
backorders.
5.8 ADVANCE PAYMENT PROHIBITED
No advance payment shall be made for the Products and Services furnished by Contractor
pursuant to this Contract.
6 CONTRACTOR'S RESPONSIBILITIES
6.1 ESTABLISHED BUSLNESS
Prior to commencing performance, or prior to that time if required by the Purchasing
Activity, law or regulation, Contractor must be an established business firm with all
required licenses, fees, bonding, facilities, equipment and trained personnel necessary to
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meet all requirements and perform the work as specified in the Solicitation. Contractor
shall maintain compliance with these requirements throughout the entire term of this
contract.
The Purchasing Activity reserves the right to require receipt of proof of compliance with
said requirements within ten (10) calendar days from the date of request, and to terminate
this Contract as a material breach for noncompliance with any requirement of this
paragraph.
6.2 SUPERVISION AND COORDLNATION
Contractor shall:
1. Competently and efficiently, supervise and coordinate the implementation and
completion of all Contract requirements specified herein;
Identify the Contractor's Representative, who will be the principal point of contact
for the Purchasing Activity Contract Administrator concerning Contractor's
performance under this Contract.
3. Immediately notify the Contract Administrator in writing of any change of the
designated Contractor's Representative assigned to this Contract; and
4. Violation of any provision of this paragraph may be considered a material breach
establishing rounds for Contract termination.
5. Be bound by all written communications given to or received from the Contractor's
Representative.
6.3 REGISTRATION WITH WASHINGTON'S ELECTRONIC BUSINESS
SOLUTION (WEBS)
Contractor shall be registered in the Contractor registration system, Washington's
Electronic Business Solution (WEBS) www.ga.w•a.gov'webs, maintained by the
Washington State Department of General Administration. Contractors already registered
need not re -register. It is the sole responsibility of Contractor to properly register with
WEBS and maintain an accurate Contractor profile in WEBS.
6.4 MATERIALS AND WORKMANSHIP
The Contractor shall be required to furnish all materials; supplies, equipment and/or
services necessary to perform Contractual requirements. Materials, supplies and
workmanship used in the construction of equipment for this Contract shall conform to all
applicable federal, state, and local codes, regulations and requirements for such equipment,
specifications contained herein, and the normal uses for which intended. Materials,
supplies and equipment shall be manufactured in accordance with the best commercial
practices and standards for this type of materials, supplies. and equipment.
6.5 SERVICE EXPECTATIONS
Upon award of this contract, the contractor shall:
1. Review the impact of the award and take the necessary steps needed to ensure that
contractual obligations will be fulfilled.
2. Promote and market the use of this contract to all authorized contract Purchasers.
3. Ensure that those who endeavor to utilize this contract are authorized Purchasers
under this Contract.
4. At no additional charge, assist Purchasers in the following manner to make the most
cost effective, value based, purchases including. but not limited to:
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a. Visiting the Purchaser site and providing Purchaser with
materials/supplies/equipment recommendations.
b. Providing Purchasers with a detailed list of contract items including current
contract pricing and part numbers.
5. The contractor shall designate a customer service representative who will be
responsible for addressing Purchaser issues including, but not limited to:
a. Logging requests for service, ensuring repairs are completed in a timely
manner, dispatching service technicians, and processing warranty claim
documentation.
b. Providing Purchasers with regular and timely status updates in the event of
an order or repair fulfillment delay.
6. Acting as the lead and liaison between the manufacturer and Purchaser in resolving
warranty claims for contract items purchased.
6.6 CONTRACTOR COMMITMENTS, WARRANTIES AND
REPRESENTATIONS
Any written commitment by Contractor within the scope of this Contract shall be binding
upon Contractor. Failure of Contractor to fulfill such a commitment may constitute
breach and shall render Contractor liable for damages under the terms of this Contract.
For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts,
and options committed to remain in force over a specified period of time; and (ii) any
warranty or representation made by Contractor in its Response or contained in any
Contractor or manufacturer publications, written materials, schedules, charts, diagrams,
tables, descriptions, other written representations, and any other communication medium
accompanying or referred to in its Response or used to effect the sale to Purchaser.
6.7 TRAINING
At no cost to the State or Participants, Contractor shall provide, as needed,
multi -Participant sales/training seminars for the purpose of acquainting
Participants with the Card program including benefits, use of management
information reports, optional program features, etc. These seminars shall be
conducted at locations approved by the State. Contractor will coordinate
statewide onsite trainings with the Procurement Coordinator.
At no cost to the State or Participants, Contractor may make available regular
web -based trainings with in lieu of onsite trainings if requested by the State or
Participants.
At no cost to the State or Participants, the Contractor shall develop a Fleet
Credit Card Implementation and Management Manual and provide each
Participant sufficient quantities of said Manual. Manual shall be available
electronically.
The Manual shall be approved, in writing, by the State prior to publication
within fourteen (14) days of the Contract award, and shall be made available to
the State and Participants via either electronic copy, written copy, or a link to
the Manual from the Contractor's web site.
At no cost to the State or Participants, Contractor shall develop and provide as
requested an interactive CD -Rom with instructions on the use of the online and
reporting program tools.
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Contract 06507 — Fleet Credit Card Services
6.8 LIENS, CLAIMS AND ENCUMBRANCES
All materials, equipment, supplies and/or services shall be free of all liens, claims, or
encumbrances of any kind, and if the Purchasing Activity or the Purchaser requests. a
formal release of same shall be delivered to the respective requestor.
6.9 WARRANTIES
Contractor warrants that all materials, supplies, services and/or equipment provided under
this Contract shall be fit for the purpose(s) for which intended, for merchantability, and
shall conform to the requirements and specifications herein. Acceptance of any
materials, supplies, service and/or equipment, and inspection incidental thereto, by the
Purchaser shall not alter or affect the obligations of the Contractor or the rights of the
Purchaser.
6.10 MINORITY AND WOMEN'S BUSINESS ENTERPRISE (MWBE)
PARTICIPATION
With each invoice for payment and within thirty (30) days of Purchasers request, Contractor
shall provide Purchaser an Affidavit of Amounts Paid. The Affidavit ofAmounts Paid shall
either state that Contractor still maintains its MWBE certification, or state that its
Subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts
paid to each certified MWBE Subcontractor under this Contract. Contractor shall maintain
records supporting the Affidavit of Amounts Paid in accordance with this Contract's
Retention of Records section.
7 CONTRACT ADMINISTRATION
7.1 LEGAL NOTICES
Any notice or demand or other communication required or permitted to be given under
this Contract or applicable law (except notice of malfunctioning Equipment) shall be
effective only if it is 'in writing and signed by the applicable party, properly addressed,
and either delivered in person, or by a recognized courier service, or deposited with the
United States Postal Service as first-class mail, postage prepaid via facsimile or by
electronic mail, to the parties at the addresses and fax numbers, e-mail addresses
provided in this section. For purposes of complying with any provision in this Contract or
applicable law that requires a '`writing," such communication, when digitally signed with
a Washington State Licensed Certificate, shall be considered to be "in writing" or
"written" to an extent no Tess than if it were in paper form.
To Contractor at:
Comdata Corporation
Attn: Randy Morgan
5301 Maryland Way
Brentwood, TN 37027
Phone: (615) 376-6902
Fax: (615) 376-6960
E-mail: rrnorgana;cotndata.com
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To Purchasing Activity at:
State of Washington
The Office of State Procurement
Attn: Neva Peckham
21011`hAve SW
Olympia, WA 98504
Phone: (360) 902-7425
Fax: (360) 586-2426
E-mail: nneckha�a?�-a.wa.gov
Contract 06507 — Fleet Credit Card Services
Notices shall be effective upon receipt or four (4) Business Days after mailing, whichever
is earlier. The notice address as provided herein may be changed by written notice given
as provided above.
In the event that a subpoena or other legal process commenced by a third party in any
way concerning the Equipment or Services provided pursuant to this Contract is served
upon Contractor or Purchasing Activity, such party agrees to notify the other party in the
most expeditious fashion possible following receipt of such subpoena or other legal
process. Contractor and Purchasing Activity further agree to cooperate with the other
party in any lawful effort by the other party to contest the legal validity of such subpoena
or other legal process commenced by a third party.
7.2 PURCHASING ACTIVITY CONTRACT ADMINISTRATOR
The Purchasing Activity shall appoint a single point of contact that will be the Contract
Administrator for this Contract and will provide oversight of the activities conducted
hereunder. The Contract Administrator will be the principal contact for Contractor
concerning business activities under this Contract. The Purchasing Activity will notify
Contractor, in writing, when there is a new Contract Administrator assigned to this
Contract.
7.3 ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT
AND CONFORMITY
Incorporated Documents:
Each of the documents listed below is, by this reference, incorporated into this Contract
as though fully set forth herein.
1. The Purchasing Activity's Solicitation document 06507 with all attachments and
exhibits, and all amendments thereto
Contractor's response to the Solicitation 06507 dated February 21, 2008
The terms and conditions contained on Purchaser's Order Documents, if used; and
All Contractor or manufacturer publications, written materials and schedules,
charts, diagrams, tables, descriptions, other written representations and any other
supporting materials Contractor made available to Purchaser and used to effect
the sale of the Product to the Purchaser.
Order of Precedence
In the event of a conflict in such terms, or between the terms and any applicable statute or
rule, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and State of Washington statutes and regulations
2. Mutually agreed written amendments to this Contract
3. This Contract, Number 06507
4. The Purchasing Activity's Solicitation document with all attachments and
exhibits, and all amendments thereto
5. Contractor's response to the Solicitation
6. Any other provision, term, or materials incorporated into the Contract by
reference.
Conflict: To the extent possible, the terms of this Contract shall be read consistently.
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Contract 06507 — Fleet Credit Card Services
Conformity: If any provision of this Contract violates any Federal or State of
Washington statute or rule of law, it is considered modified to conform to that statute or
rule of law.
7.4 SEVERABILITY
Severability: If any provision of this Contract or any provision of any document
incorporated by reference shall be held invalid. such invalidity shall not affect the other
provisions of this Contract that can be given effect without the invalid provision, and to
this end the provisions of this Contract are declared to be severable.
7.5 INDEPENDENT STATUS OF CONTRACTOR
In the performance of this Contract. the parties will be acting in their individual,
corporate or governmental capacities and not as agents, employees, partners, joint
venturers, or associates of one another. The parties intend that an independent contractor
relationship will be created by this Contract. The employees or agents of one party shall
not be deemed or construed to be the employees or agents of the other party for any
purpose whatsoever. Contractor shall not make any claim of right, privilege or benefit
which would accrue to an employee under Chanter 41.06 RCW, or Title 51 RCW.
7.6 ENTIRE AGREEMENT
This Contract document and all subsequently issued amendments comprise the entire
agreement between the Purchasing Activity and the Contractor. No other statements or
representations, written or oral, shall be deemed a part of the Contract.
This Contract sets forth the entire agreement between the parties with respect to the
subject matter hereof and except as provided in the section titled Contractor
Commitments, Warranties and Representations, understandings, agreements,
representations, or warranties not contained in this Contract or a written amendment
hereto shall not be binding on either party. Except as provided herein, no alteration of any
of the terms. conditions, delivery, Price, quality. or Specifications of this Contract will be
effective without the written consent of both parties.
7.7 CHANGES
Alterations to any of the terms, conditions, or requirements of this Contract shall only be
effective upon written issuance of a mutually agreed Contract Amendment by the Contract
Administrator.
7.8 CONTRACT SCOPE AND MODIFICATIONS
The Purchasing Activity reserves the right to modify this Contract by mutual agreement
between the Purchasing Activity and the Contractor, so long as such modification is
substantially within the scope of the original Contract. Such modifications will be
evidenced by issuance of a written authorized amendment by the Contract Administrator.
7.9 GOVERNING LAW/VENUE
This Contract shall be construed and interpreted in accordance -with the laws of the State
of Washington, and the venue of any action brought hereunder shall be in the Superior
• Court for Thurston County.
7.10 SUBCONTRACTS AND ASSIGNMENT
Contractor shall not Subcontract, assign, or otherwise transfer its obligations under this
Contract without the prior written consent of the Contract Administrator. Contractor
shall provide a minimum of thirty (30) calendar days advance notification of intent to
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Contract 06507 — Fleet Credit Card Services
Subcontract, assign, or otherwise transfer its obligations under this Contract. Violation of
this condition may be considered a material breach establishing grounds for Contract
termination. The Contractor shall be responsible to ensure that all requirements of the
Contract shall flow down to any and all Subcontractors. In no event shall the existence of
a Subcontract operate to release or reduce the liability of Contractor to the state for any
breach in the performance of the Contractor's duties.
7.11 ADVERTISING
Contractor shall not publish or use any information concerning this Contract in any format
or media for advertising or publicity without prior written consent from the Contract
Administrator.
7.12 RETENTION OF RECORDS
The Contractor shall maintain all books, records, documents, data and other evidence
relating to this Contract and the provision of materials, supplies, services and/or
equipment described herein, including, but not limited to, accounting procedures and
practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Contract. Contractor shall retain such records for a
period of six (6) years following the date of final payment. At no additional cost, these
records, including materials generated under the Contract, shall be subject at all
reasonable times to inspection, review, or audit by the Purchasing Activity, personnel
duly authorized by the Purchasing Activity, the Washington State Auditor's Office, and
federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period,
the records shall be retained until final resolution of all litigation, claims, or audit
findings involving the records.
8 GENERAL PROVISIONS
8.1 GIFTS AND GRATUITIES
Contractor shall comply with all state laws regarding gifts and gratuities, including but not
limited to: RCW 43.19.1937, RCW 43.19.1939, RCW 42.52.150, RCW 42.52.160, and
RCW 42.52.170 under which it is unlawful for any person to directly or indirectly offer,
give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything
of economic value in conjunction with state business or contract activities.
Under RCW 43.19.1937 and the Ethics in Public Service Law. Chapter 42.52 RCW state
officers and employees are prohibited from receiving, accepting, taking or seeking gifts
(except as permitted by RCW 42.52.150) if the officer or employee participates in
contractual matters relating to the purchase of goods or services.
8.2 IMMUNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless State, agencies of State and all officials, agents and employees of State, from
and against all claims for injuries, death or damage to property arising out of or resulting
from the performance of the contract. Contractor's obligation to indemnify, defend, andy
hold harmless includes any claim by Contractors' agents, employees, representatives, or
any subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for any
claim arising out of or incident to Contractor's or any subcontractor's performance or
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Contract 06507 — Fleet Credit Card Services
failure to perform the contract. Contractor shall be required to indemnify, defend, and
hold harmless the. State only to the extent claim is caused in whole or in part by negligent
acts or omissions of Contractor.
Contractor waives its immunity under Title 51 to the extent it is required to indemnify,
defend and hold harmless State and its agencies, officials, agents or employees.
8.3 INSURANCE
General Requirements:
Contractor shall, at their own expense, obtain and keep in force insurance as follows until
completion of the Contract. Within fifteen (15) calendar days of receipt of notice of
award, the Contractor shall furnish evidence in the form of a certificate of insurance
satisfactory to the State of Washington that insurance, in the following kinds and
minimum amounts. has been secured. Failure to provide proof of insurance, as required,
will result in Contract cancellation.
Contractor shall include all Subcontractors as insureds under all required insurance
policies, or shall furnish separate Certificates of Insurance and endorsements for each
Subcontractor. Subcontractor(s) must comply fully with all insurance requirements
stated herein. Failure of Subcontractor(s) to comply with insurance requirements does
not limit Contractor's liability or responsibility.
All insurance provided in compliance with this Contract shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by the state.
Specific Requirements:
Employers Liability (Stop Gap): The Contractor will at all times comply with all
applicable workers' compensation, occupational disease. and occupational health and
safety laws, statutes, and regulations to the full extent applicable and will maintain
Employers Liability insurance with a limit of no less than $1,000,000.00. The State of
Washington will not be held responsible in any way for claims filed by the Contractor or
their employees for services performed under the terms of this Contract.
Commercial General Liability Insurance: The Contractor shall at all times during the
term of this Contract, carry and maintain commercial general liability insurance and if
necessary, commercial umbrella insurance for bodily injury and property damage arising
out of services provided under this Contract. This insurance shall cover such claims as
may be caused by any act, omission, or negligence of the Contractor or its officers,
agents, representatives, assigns, or servants.
The insurance shall also cover bodily injury, including disease, illness and death, and
property damage arising out of the Contractor's premises/operations, independent
Contractors, products/completed operations, personal injury and advertising injury, and
contractual liability (including the tort liability of another assumed in.a business
Contract), and contain separation of insured's (cross liability) conditions.
Contractor waives all rights against the State of Washington for the recovery of damages
to the extent they are covered by general liability or umbrella insurance.
The limits of liability insurance shall not be less than as follows:
General Aggregate Limits (other than products- S2,000,000
completed operations)
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Contract 06507 — Fleet Credit Card Services
Products -Completed Operations Aggregate
Personal and Advertising Injury Aggregate
Each Occurrence (applies to all of the above)
Fire Damage Limit (per occurrence)
Medical Expense Limit (any one person)
Business Auto Policy (BAP):
$2,000,000
S1,000,000
51,000.000
S 50,000
S 5,000
In the event that services delivered pursuant to this Contract involve the use of vehicles,
or the transportation of clients, automobile liability insurance shall be required. The
coverage provided shall protect against claims for bodily injury, including illness,
disease, and death; and property damage caused by an occurrence arising out of or in
consequence of the performance of this service by the Contractor, Subcontractor, or
anyone employed by either.
Contractor shall maintain business auto liability and, if necessary, commercial umbrella
liability insurance with a combined single limit not less than $1,000,000 per occurrence.
The business auto liability shall include Hired and Non -Owned coverage.
Contractor waives all rights against the State of Washington for the recovery of damages
to the extent they are covered by business auto liability or commercial umbrella liability
insurance.
Additional Insurance Provisions:
All above insurance policies shall include, but not be limited to, the following provisions:
Additional Insured:
The State of Washington and all authorized Purchasers shall be named as an additional
insured on all general liability, umbrella, excess, and property insurance policies. All
policies shall be primary over any other valid and collectable insurance.
Notice of Policy(ies) Cancellation/Non-renewal:
For insurers subject to Chapter 48.18 RCW (Admitted and regulated by the Washington
State Insurance Commissioner) a written notice shall be given to the director of
purchasing or designee forty-five (45) calendar days prior to cancellation or any material
change to the policy(ies) as it relates to this Contract. Written notice shall include the
affected Contract reference number.
Surplus Lines:
For insurers subject to Chapter 48.15 RCW (Surplus Lines) a written notice shall be
given to the director of purchasing or designee twenty (20) calendar days prior to
cancellation or any material change to the policy(ies) as it relates to this Contract.
Written notice shall include the affected Contract reference number.
Cancellation for Non-payment to Premium:
If cancellation on any policy is due to non-payment of premium, a written notice shall be
given the director of purchasing or designee ten (10) calendar days prior to cancellation.
Written notice shall include the affected Contract reference number.
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Contract 06507 — Fleet Credit Card. Services
Identification:
Policy(ies) and Certificates of Insurance shall include the affected Contract reference
number.
Insurance Carrier Rating:
The insurance required above shall be issued by an insurance company authorized to do
business within the State of Washington. Insurance is to be placed with a carrier that has
a rating of A- Class VII or better in the most recently published edition of Best's Reports.
Any exception must be reviewed and approved by the Risk Manager for the State of
Washington, by submitting a copy of the Contract and evidence of insurance before
Contract commencement. If an insurer is not admitted, all insurance policies and
procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and
Chapter 284-15 WAC .
Excess Coverage:
The limits of all insurance required to be provided by the Contractor shall be no less than
the minimum amounts specified. However. coverage in the amounts of these minimum
limits shall not be construed to relieve the Contractor from liability in excess of such
limits.
Limit Adjustments:
The state reserves the right to increase or decrease limits as appropriate.
8.4 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance.
If the Contractor fails to provide industrial insurance coverage or fails to pay premiums
or penalties on behalf of its employees as may be required by law, the Purchasing
Activity may terminate this Contract. This provision does not waive any of the
Washington State Department of Labor and Industries (L&I) rights to collect from the
Contractor.
8.5 NONDISCRIMINATION
During the performance of this Contract, the Contractor shall comply with all applicable
federal and state nondiscrimination laws, regulations and policies, including, but not
limited to, Title VII of the Civil Rights Act, 42 U.S.C. section 12101 et. seq.; the
Americans with Disabilities Act (ADA); and, Chanter 49.60 RCW. Discrimination —
Human Rights Commission.
8.6 OSHA AND WISHA REQUIREMENTS
Contractor agrees to comply with conditions of the Federal Occupational Safety and
Health Administration (OSHA) and, if manufactured or stored in the State of
Washington, the Washington Industrial Safety and Health Act (WISHA) and the
standards and regulations issued there under, and certifies that all items furnished and
purchased will conform to and comply with said laws, standards and regulations.
Contractor further agrees to indemnify and hold harmless Purchasing Activity and
Purchaser from all damages assessed against Purchaser as a result of Contractor's failure
to comply with those laws, standards and regulations, and for the failure of the items
furnished under the Contract to so comply.
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Contract 06507 — Fleet Credit Card Services
8.7 ANTITRUST
The state maintains that, in actual practice, overcharges resulting from antitrust violations
are borne by the Purchaser. Therefore, the Contractor hereby assigns to the State of
Washington any and all of the Contractor's claims for such price fixing or overcharges
which arise under federal or state antitrust laws, relating to the materials, supplies,
services and/or equipment purchased under this Contract.
8.8 PERSONAL LIABILITY.
It is agreed by and between the parties hereto that in no event shall any official, officer,
employee or agent of the State of Washington when executing their official duties in
good faith, be in any way personally liable or responsible for any agreement herein
contained whether expressed or implied, nor for any statement or representation made
herein or in any connection with this agreement.
8.9 PROTECTION OF CONFIDENTIAL AND PERSONAL INFORMATION
Contractor acknowledges that some of the material and information that may come into
its possession or knowledge in connection with this Contract or its performance may
consist of information that is exempt from disclosure to the public or other unauthorized
persons under either Chapter 42.17 RCW or other state or federal statutes ("Confidential
Information"). Confidential Information includes, but is not limited to, names, addresses,
Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit
card information, driver's license numbers, medical data, law enforcement records,
agency source code or object code, agency security data, or information identifiable to an
individual that relates to any of these types of information. Contractor agrees to hold
Confidential Information in strictest confidence and not to make use of Confidential
Information for any purpose other than the performance of this Contract, to release it only
to authorized employees or Subcontractors requiring such information for the purposes of
carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or
otherwise make the information known to any other party without Purchaser's express
written consent or as provided by law. Contractor agrees to release such information or
material only to employees or Subcontractors who have signed a nondisclosure
agreement, the terms of which have been previously approved by Purchaser. Contractor
agrees to implement physical, electronic, and managerial safeguards to prevent
unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information"
(PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals'
names, addresses, phone numbers, birth dates, and social security numbers collected,
used, or acquired in connection with this Contract shall be protected against unauthorized
use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain
health information. The Contractor must comply with all HIPAA requirements and rules
when determined applicable by the Purchaser. If Purchaser determines that (1) Purchaser
is a "covered entity" under HIPAA, and that (2) Contractor will perform "business
associate" services and activities covered under HIPAA, then at Purchaser's request,
Contractor agrees to execute Purchaser's business associate Contract in compliance with
HIPAA.
Contractor shall ensure its directors, officers, employees, Subcontractors or agents use
personal information solely for the purposes of accomplishing the services set forth
herein. Contractor and its Subcontractors agree not to release, divulge, publish, transfer,
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Contract 06507 — Fleet Credit Card Services
sell or otherwise make known to unauthorized persons personal information without the
express'written consent of the Agency or as otherwise required by law.
Any breach of this provision may result in termination of the Contract and demand for
return of all personal information. The Contractor agrees to indemnify and hold harmless
the State of Washington and the Purchaser for any damages related to both: (1) the
Contractor's unauthorized use of personal information and (2) the unauthorized use of
personal information by unauthorized persons as a result of Contractor's failure to
sufficiently protect against unauthorized use, disclosure, modification, or loss.
Contractor shall maintain a log documenting the following: the Confidential Information
received in the performance of this Contract; the purpose(s) for which the Confidential
- Information was received; who received, maintained and used the Confidential
Information; and the final disposition of the Confidential Information. Contractor's
records shall be subject to inspection, review or audit in accordance with Retention of
Records.
Purchaser reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Contractor through this Contract. The
monitoring, auditing, or investigating may include, but is not limited to, salting databases.
Violation of this section by Contractor or its Subcontractors may result in termination of
this Contract and demand for return of all Confidential Information, monetary damages,
or penalties.
Immediately upon expiration or termination of this Contract, Contractor shall, at
Purchaser's option: (i) certify to Purchaser that Contractor has destroyed all Confidential
Information; or (ii) return all Confidential Information to Purchaser; or (iii) take whatever
other steps Purchaser requires of Contractor to protect Purchaser's Confidential
Information.
8.10 WAIVER
Failure or delay of the Purchasing Activity or Purchaser to insist upon the strict
performance of any term or condition of the Contract or to exercise any right or remedy
provided in the Contract or by law; or the Purchasing Activity's or Purchaser's
acceptance of or payment for materials, supplies, services and%or equipment, shall not
release the Contractor from any responsibilities or obligations imposed by this Contract
or by law, and shall not be deemed a waiver of any right of the Purchasing Activity or
Purchaser to insist upon the strict performance of the entire agreement by the Contractor.
In the event of any claim for breach of Contract against the Contractor, no provision of
this Contract shall be construed, expressly or by implication, as a waiver by the
Purchasing Activity or Purchaser of any existing or future right and/or remedy available
by law.
8.11 TREATMENT OF ASSETS
1. Title to all.property furnished by the Purchasing Activity and/or Purchaser shall
remain in the Purchasing Activity and/or Purchaser, as appropriate. Title to all
property furnished by the Contractor, the cost for which the Contractor is entitled to
be reimbursed as a direct item of cost under this contract, shall pass to and vest in the
Purchaser upon delivery of such property by the Contractor and Acceptance by the
Purchaser. Title to other property, the cost of which is reimbursable to the Contractor
under this Contract, shall pass to and vest in the Purchaser upon (i) issuance for use
of such property in the performance of this Contract, or (ii) commencement of use of
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Contract 06507 — Fleet Credit Card Services
such property in the performance of this Contract, or (iii) reimbursement of the cost
thereof by the Purchaser in whole or in part, whichever first occurs.
Any property of the Purchasing Activity and/or Purchaser furnished to the Contractor
shall, unless otherwise provided herein or approved by the Purchasing Activity
and/or Purchaser, be used only for the performance of this Contract.
3. The Contractor shall be responsible for damages as a result of any loss or damage to
property of the Purchasing Activity and/or Purchaser which results from the
negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain, administer and protect that property in a reasonable manner
and to the extent practicable in all instances.
4. If any Purchasing Activity and/or Purchaser property is lost, destroyed, or damaged,
the Contractor shall immediately notify the Purchasing Activity and/or Purchaser and
shall take all reasonable steps to protect the property from further damage.
5. The Contractor shall surrender to the Purchasing Activity and/or Purchaser all
property of the Purchasing Activity and/or Purchaser prior to settlement upon
completion, termination, or cancellation of this contract.
6. All reference to the Contractor under this clause shall also include Contractor's
employees, agents or Subcontractors.
9 DISPUTES AND REMEDIES
9.1 PROBLEM RESOLUTION AND DISPUTES
Problems arising out of the performance of this Contract shall be resolved in a timely
manner at the lowest possible level with authority to resolve such problem. If a problem
persists and cannot be resolved, it may be escalated within each organization.
In the event a bona fide dispute concerning a question of fact arises between the Purchasing
Activity or the Purchaser and Contractor and it cannot be resolved between the parties
through the normal problem escalation processes, either party may initiate the dispute
resolution procedure provided herein. The dispute shall be handled by a Dispute
Resolution Panel in the following manner. Each party to this Contract shall appoint one
member to the Panel. These two appointed members shall jointly appoint an additional
member. The Dispute Resolution Panel shall review the facts, Contract terms and
applicable statutes and rules and make a determination of the dispute as quickly as
reasonably possible. The determination of the Dispute Resolution Panel shall be fmal and
binding on the parties hereto. Purchasing Activity and/or Purchaser and Contractor agree
that, the existence of a dispute notwithstanding, they will continue without delay to carry
out all their respective responsibilities under this Contract that are not affected by the
dispute.
In the event a bona fide dispute concerning a question of fact arises between Purchasing
Activity or the Purchaser and Contractor and it cannot be resolved between the parties
through the normal escalation processes, either party may initiate the dispute resolution
procedure provided herein.
The initiating party shall reduce its description of the dispute to writing and deliver it to the
responding party. The responding party shall respond in writing within three (3) Business
Days. The initiating party shall have three (3) Business Days to review the response. If after
this review a resolution cannot be reached, both parties shall have three (3) Business Days
to negotiate in good faith to resolve the dispute.
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Contract 06507 — Fleet Credit Card Services
If the dispute cannot be resolved after three (3) Business Days, a Dispute Resolution Panel
may be requested in writing by either party who shall also identify the first panel member.
Within three (3) Business Days of receipt of the request, the other party will desitate a
panel member. Those two panel members will appoint a third individual to the Dispute
Resolution Panel within the next three (3) Business Days.
The Dispute Resolution Panel will review the written descriptions of the dispute, gather
additional information as needed, and render a decision on the dispute in the shortest
practical time.
Each party shall bear the cost for its panel member and share equally the cost of the third
panel member.
Both parties agree to be bound by the determination of the Dispute Resolution Panel.
Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to
using a Dispute Resolution Panel whenever possible.
Purchasing Activity, the Purchaser and Contractor agree that, the existence of a dispute
notwithstanding, they will continue without delay to carry out all their respective
responsibilities under this Contract that are not affected by the dispute.
If the subject of the dispute is the amount due and payable by Purchaser for materials,
supplies, services and/or equipment being provided by Contractor, Contractor shall
continue providing materials, supplies, services and/or equipment pending resolution of the
dispute provided Purchaser pays Contractor the amount Purchaser, in good faith, believes is
due and payable, and places in escrow the difference between such amount and the amount
Contractor, in good faith, believes is due and payable.
9.2 ADMINISTRATIVE SUSPENSION
When it is in the best interest of the state, the Purchasing Activity may at any time, and
without cause, suspend the Contract or any portion thereof for a period of not more than
thirty (30) calendar days per event by written notice from the Contract Administrator to
the Contractor's Representative. Contractor shall resume performance on the next
business day following the 30th day of suspension unless an earlier resumption date is
specified in the notice of suspension. If no resumption date was specified in the notice of
suspension. the Contractor can be demanded and required to resume performance within
the 30 day suspension period by the Contract Administrator providing the Contractor's
Representative with written notice of such demand.
9.3 FORCE MAJEURE
The tern "force majeure" means an occurrence that causes a delay that is beyond the
control of the party affected and could not have been avoided by exercising reasonable
diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods,
epidemics, or other similar occurrences.
Exceptions: Except for payment of sums due, neither party shall be liable to the other or
deemed in breach under this Contract if, and to the extent that, such party's performance
of this Contract is prevented by reason of force majeure.
Notification: If either party is delayed by force majeure, said party shall provide written
notification within forty-eight (48) hours. The notification shall provide evidence of the
force majeure to the satisfaction of the other party. Such delay shall cease as soon as
practicable and written notification of same shall likewise be provided. So far as
consistent with the Rights Reserved below, the time of completion shall be extended by
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Contract 06507 — Fleet Credit Card Services
Contract amendment for a period of time equal to the time that the results or effects of
such delay prevented the delayed party from performing in accordance with this Contract.
Rights Reserved: The Purchasing Activity reserves the right to authorize an amendment
to this Contract, terminate the Contract, and/or purchase materials, supplies, equipment
and/or services from the best available source during the time of force majeure, and
Contractor shall have no recourse against the State.
9.4 ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In the event that the parties engage in arbitration, mediation or any other alternative
dispute resolution forum to resolve a dispute in lieu of litigation, both parties shall share
equally in the cost of the alternative dispute resolution method, including cost of mediator
or arbitrator. In addition, each party shall be responsible for its own attorneys' fees
incurred as a result of the alternative dispute resolution method.
9.5 NON-EXCLUSIVE REMEDIES
The remedies provided for in this Contract shall not be exclusive but are in addition to all
other remedies available under law.
10 CONTRACT TERNIINATION
10.1 MATERIAL BREACH
A Contractor may be Teuiiinated for Cause by the Purchasing Activity, at the sole
discretion of the Contract Administrator, for failing to perform a contractual requirement
or for a material breach of any term or condition. Material breach of a term or condition
of the Contract may include but is not limited to:
1. Contractor failure to perform services or deliver materials, supplies, or equipment
by the date required or by an alternate date as mutually agreed in a written
amendment to the Contract;
2. Contractor failure to carry out any warranty or fails to perform or comply with
any mandatory provision of the contract;
3. Contractor becomes insolvent or in an unsound financial condition so as to
endanger performance hereunder;
4. Contractor becomes the subject of any proceeding under any law relating to
bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors
that endangers the Contractor's proper performance hereunder;
5. Appointment of any receiver, trustee, or similar official for Contractor or any of
the Contractor's property and such appointment endangers the Contractor's
proper performance hereunder;
6. A determination that the Contractor is in violation of federal, state, or local laws
or regulations and that such determination renders the Contractor unable to
perform any aspect of the Contract.
10.2 OPPORTUNITY TO CURE:
In the event that Contractor fails to perform a contractual requirement or materially
breaches any term or condition, the Purchasing Activity may issue a written cure notice.
The Contractor may have a period of time in which to cure. The Purchasing Activity is
not required to allow the Contractor to cure defects if the opportunity for cure is not
feasible as determined solely within the discretion of the Purchasing Activity. Time
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Contract 06507 — Fleet Credit Card Services
allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or
other damages, or otherwise affects any other remedies available against Contractor
under the Contract or by law.
If the breach remains after Contractor has been provided the opportunity to cure, the
Purchasing Activity may do any one or more of the following:
1. Exercise any remedy provided by law;
2. Terminate this Contract and any related Contracts or portions thereof;
3. Procure replacements and impose damages as set forth elsewhere in this
Contract;
4. Impose actual or liquidated damages;
5. Suspend or bar Contractor from receiving future Solicitations or other
opportunities;
6. Require Contractor to reimburse the state for any loss or additional
expense incurred as a result of default or failure to satisfactorily perform the
terms of the Contract.
10.3 TERMINATION FOR CAUSE
In the event the Contract Administrator, in its sole discretion, determines that the
Contractor has failed to comply with the conditions of this Contract in a timely manner or
is in material breach, the Contract Administrator has the right to suspend or terminate this
Contract, in part or in whole. The Contract Administrator shall notify the Contractor in
writing of the need to take corrective action. If corrective action is not taken within thirty
(30) calendar days or as othenvise specified by the Contract Administrator, or if such
corrective action is deemed by the Contract Administrator to be insufficient, the Contract
may be terminated. The Contract Administrator reserves the right to suspend all or part of
the Contract, withhold further payments, or prohibit the Contractor from incurring
additional obligations of funds during investigation of the alleged breach and pending
corrective action by the Contractor or a decision by the Contract Administrator to
terminate the Contract.
In the event of termination, the Purchasing Activity shall have the right to procure for all
Purchasers any replacement materials, supplies, services and/or equipment that are the
subject of this Contract on the open market. In addition, the Contractor shall be liable for
damages as authorized by law including, but not limited to, any price difference between
the original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, e.g., cost of the competitive bidding, mailing,
advertising and staff time.
If it is determined that: (1) the Contractor was not in material breach; or (2) failure to
perform was outside of Contractor's or its Subcontractor's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience". The rights and
remedies of the Purchasing Activity and/or the Purchaser provided in this Contract are
not exclusive and are in addition to any other rights and remedies provided by law.
10.4 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, the Purchasing Activity, at the sole
discretion of the Contract Administrator, may terminate this Contract, in whole or in part
by giving thirty (30) calendar days written notice beginning on the second day after
mailing to the Contractor. If this Contract is so terminated, Purchasers shall be liable
Page 25 of 28
Contract 06507 — Fleet Credit Card Services
only for payment required under this Contract for properly authorized services rendered,
or materials, supplies and/or equipment delivered to and Accepted by the Purchaser prior
to the effective date of Contract termination. Neither the Purchasing Activity nor the
Purchaser shall have any other obligation whatsoever to the Contractor for such
termination. This Termination for Convenience clause may be invoked by the
Purchasing Activity when it is in the best interest of the State of Washington. Reasons
for such termination may include, but are not limited to:
10.5 TERMINATION FOR WITHDRAWAL OF AUTHORITY
In the event that the Purchasing Activity and/or Purchaser's authority to perform any of
its duties is withdrawn, reduced, or limited in any way after the commencement of this
Contract and prior to normal completion, the Purchasing Activity may terminate this
Contract, in whole or in part, by seven (7) calendar days written notice to Contractor.
10.6 TERMINATION FOR CONFLICT OF INTEREST
Purchasing Activity may terminate this Contract by written notice to Contractor if it is
determined, after due notice and examination, that any party to this Contract has violated
Chapter 42.52 RCW , Ethics in Public Service, or any other laws regarding ethics in public
acquisitions and procurement and performance of contracts. In the event this Contract is so
terminated, the Purchasing Activity and /or Purchaser shall be entitled to pursue the same
remedies against Contractor as it could pursue in the event that the Contractor breaches this
Contract.
10.7 TERMINATION BY MUTUAL AGREEMENT
The Purchasing Activity and the Contractor may terminate this Contract in whole or in
part, at any time, by mutual agreement.
10.8 TERMINATION PROCEDURE
In addition to the procedures set forth below, if the Purchasing Activity terminates this
Contract, Contractor shall follow any procedures the Contract Administrator specifies in
the tei ruination notice.
Upon termination of this Contract and in addition to any other rights provided in this
Contract, Contract Administrator may require the Contractor to deliver to the Purchaser any
property specifically produced or acquired for the performance of such part of this contract
as has been terminated The provisions of the "Treatment of Assets" clause shall apply in
such property transfer.
The Purchaser shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and service(s) Accepted by the Purchaser, and the amount agreed upon by
the Contractor and the Purchaser for (i) completed materials, supplies, services rendered
and/or equipment for which no separate price is stated, (ii) partially completed materials,
supplies, services rendered and/or equipment, (iii) other materials, supplies, services
rendered and/or equipment which are Accepted by the Purchaser, and (iv) the protection
and preservation of property, unless the termination is for cause, in which case the
Purchasing Activity and the Purchaser shall determine the extent of the liability of the
Purchaser. Failure to agree with such determination shall be a dispute within the meaning
of the 'Disputes" clause of this contract. The Purchaser may withhold from any amounts
due the Contractor such sum as the Contract Administrator and Purchaser determine to be
necessary to protect the Purchaser against potential loss or liability.
Paye 26 of 28
Contract 06507 — Fleet Credit Card Services
The rights and remedies of the Purchasing Activity and/or the Purchaser provided in this
section shall not be exclusive and are in addition to any other rights and remedies provided
by law or under this contract.
After receipt of a termination notice, and except as otherwise expressly directed in
writing by the Contract Administrator, the Contractor shall:
1. Stop all work, order fulfillment, shipments, and deliveries under the Contract on
the date, and to the extent specified, in the notice;
Place no further orders or subcontracts for materials, services, supplies,
equipment and/or facilities in relation to the Contract except as is necessary to
complete or fulfill such portion of the Contract that is not terminated;
3. Complete or fulfill such portion of the Contract that is not terminated in
compliance with all contractual requirements;
4. Assign to the Purchaser, in the manner, at the times, and to the extent directed by
the Contract Administrator on behalf of the Purchaser, all of the rights, title, and
interest of the Contractor under the orders and subcontracts so terminated. in
which case the Purchaser has the right, at its discretion; to settle or pay any or all
claims arising out of the termination of such orders and subcontracts.
5. Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts, with the approval or ratification of the Contract
Administrator and/or the Purchaser to the extent Contract Administrator and/or
the Purchaser may require, which approval or ratification shall be final for all the
purposes of this clause;
6. Transfer title to the Purchaser and deliver in the manner, at the times, and to the
extent directed by the Contract Administrator on behalf of the Purchaser any
property which, if the contract had been completed, would have been required to
be furnished to the Purchaser;
7. Take such action as may be necessary, or as the Contract Administrator and/or
the Purchaser may direct, for the protection and preservation of the property
related to this contract which is in the possession of the Contractor and in which
the Purchasing Activity and/or the Purchaser has or may acquire an interest.
Page 27 of 28
Contract 06507 — Fleet Credit Card Services
11 CONTRACT EXECUTION
11.1 AUTHORITY TO BIND
The signatories to this Contract represent that they have the authority to bind their
respective organizations to this Contract.
11.2 COUNTERPARTS
This Contract may be executed in counterparts or in duplicate originals. Each counterpart
or each duplicate shall be deemed an original copy of this Contract signed by each party,
for all purposes.
In Witness Whereof, the parties hereto, having read this Contract in its entirety, including.
all attachments, do agree in each and every particular and have thus set their hands
hereunto.
'This Contract is effective this 1st day of March. 2008.
Approved
State of Washington
Office of State Procurement
Approved
Comdata Corporation
Signature
Signature
Neva Peckham Brian Truman
Print or Type Name
Contracts Specialist
Date
fide
Paye 28 of 28
Pnnt or Type Name Date
Vice President Public Sector
Title
Name:
Vanpool #:
Yakima :.:Wait
YAKIMA TRANSIT VANPOOL GAS CARD PROGRAM
STATEMENT OF USAGE
Yakima Transit provides each vanpool group with a single Comdata gas card for use in
fueling the vehicle. 'The gas card is issued to the primary driver, but may be used for that
van by any approved Yakima Transit driver for official vanpool business. The gas card may
not be left in the vanpool vehicle.
AH vanpool drivers must comply with the following usage procedures:
® Vanpool fuel may be purchased at any service station honoring the Comdata gas card.
• A signed receipt must be obtained for each gas card purchase. The receipt must include
the vanpool number, odometer reading at the time of fueling, total cost of the purchase
and total gallons purchased.
® The signed receipts are to be submitted monthly to Yakima Transit, along with the
Monthly Vanpool Log and Vanpool payments.
▪ If the Comdata gas card is lost or stolen, the loss should be reported to Yakima Transit
immediately.
All vanpool drivers must be aware of the following usage limits:
• All Comdata gas card purchases are to be for fueling the van with unleaded or diesel
fuel only. Do not use for washing the van or purchasing premium fuel.
• There shall be no personal use of a Yakima Transit Comdata gas card.
Misuse of a Yakima Transit vanpool gas card is a felony. Yakima Transit carefully monitors
the use of each vanpool gas card and will take immediate action if inappropriate use occurs
or is suspected. The Yakima Transit vanpool gas card is provided as a service to our vanpool
customers, in order to provide greater flexibility and convenience for vanpool groups.
A/ ' /LJ/ /9:4/07.91,0/,4,//1/.7/ il+% /,67,4; e7/497.07A/47/AMIT 7/A/47,M07,.6/®/®/®/.O/.1 :®/!7/ r/A7/a/67/B/.O/67/O/.m/r/g/O/.9/O/.r/N/�i4719741%.0, 4/a 1747 4.7.4771O/O/®/.O/.9/O/O/B/O/.O/®/®/O/O/LY/B/B/.P/O/A
I hereby certify, under penalty of law, that I will abide by the above procedures for use of
the Yakima Transit vanpool gas card. I understand that misuse of the vanpool gas card is a
felony and is subject to criminal prosecution.
Driver Signature Date
Driver Name (Please print)
O/O25,a7O/O/0/0/O/.9/O/O/0/9/0/Oi0/O/O/O/0/O/0/0/0/O/0i0/O/0/O/O/0/O/.,/O/0/O/O/A.O/0/0/0/O/0/O/0/0/0/0/O/O/Od/0/0/O/O/0/O/O/pp/O/O/0/O/O/0/0/O/0/.®/®/0/0/0/0/9/47/0/0/0/0/0//
7
SERVICE CONTRACT ISSUED UNDER STATE OF WASHINGTON
FLEET CREDIT CARD PROGRAM
RFP NO. 06507
(Ignitions
Agreement- means State of Washington Fleet Credit Card Program (RFP #06507). 'Contractor" means
Ccmcata Network. Inc 'authorized User' means a Washington State Purchasing Cooperative (WSPC)
member All other capitalized terms used in this Serv'ce Contract without definition have the meanings set
forth in the Agreement
Authorized User:
Legal Name of Entity
Billing Street Address.
City, State, Zip Code:
Federal or State Tax Id:
Contact Person Name & Title
Contact Person Email:
Contact Person Telephone:
City of Yakima — Transit Division
2301 Fruitvale Boulevard
Yakima. WA 98902
91-6001293
Karen Allen, Transit Program Administrator and Pam Maxey, Vanpool
Department Assistant III
kailen ci.yakima.wa.us and pmaxey(Cci yak:ma_waius
509-576-6423 or 509-575-6134 Transit Department at 509-575-6175
Authonzed User hereby agrees as follows:
1. Authorized User represents that it is authorized by the laws of the State of Washington to enter into
this Service Contract and to become a Purchaser under the Agreement.
2. Authonzed User hereby requests the services of Contractor described in the Agreement and agrees
to perform all duties of a Purchaser under the Agreement, including, without limitation, payment of all
charges on its account(s) within the time periods provided under the Agreement, payment of any fees
provided in the Agreement (at the rates set forth in the Agreement), and cooperation with respect to
providing all necessary information for the administration of the Agreement. Authonzed User agrees to
be bound by all of the terms and conditions of the Agreement.
3 Authorized User's Fleet Contact is set forth above. The Fleet Contact is authorized to order cards
and request lock our of lost or stolen cards.
4 Authorized User acknowledges that its failure to make timely payment in accordance with the terms of
the Agreement and this Service Contract may result in suspension or cancellation of the account(s). The
undersigned represents and warrants that he/she is duly authorized to execute this Service Contract on
.__behalf.of..the;AuthorizedUser and.,this,Ser:vice-,Contract:is:the,val'dand:bindingobFgationiof tf's- --
Authorized User. enforceable in accordance with its terms
Name of Participating State Agency City of Yakima
By (Authorized Signatory).
Print Name & Title:
R. A. Zais, Jr. City Manager
This Service Contract shall not become binding until accepted by Contractor.
assccuric ,
Comdata7i/
o� inc.
6y y
Tit=? UV, Title
Ga:e. % `/ /0 Date
Model Certificate r�
CERTIFICATE. CF BUYER OF TAXABLE FUEL FOR USE 3Y A S'A,T= OR NONPROFIT EDUCATIONAL
ORGANIZATION
S.:o:Oh _arc steer S zip rr. tor credit, refund, or:ayrnen: under section 5416f all .tt3) Cr section :42711r'5J f
the :memo' Revenue Y:de i
Name, Address, a,,d employer Identification Number of Credit Card issuer.
Toe undersigned ultimate purcnas r f'Buyer°) ne.reoy certifies the following under oenaftte$ of penury.
A. Buyer will use the taxable `ue.t to which this certificate relates tor me ex:lus%ve use ct a state, or
3 Buyer wilt use. the gasoline to wnich this certificate relates far the exclusive use of a nonprofit
educat:oral o ganCtaticn
`O lits _erttttcate applies tc all pur:rases made with the credit card identified below during the period
specified:
a. Effective date of certificate June 30, 2010
b. Expiration ;ate of certiti:ate June 30. 2012
pend not tc exceed 2 years atter ettectrra date)
c. Buyers account number
91-6001293
O Buyer will provide a new ceMlicate to the credit card issuer it any ntormation in this certificate oranges.
t3 Suver understands tra'.by signing t^is certificate. Buyer gives up its nrnt to claim a credit or payment
to' the taxable fuel ourcr ased wanthe credit card to which tris certificate re:ate$.
S Buyer acknowledges that it has not and will not claim any credit sr payment f,:r the taxa,;te fuel
purchased witn the credit card to vihicn this certificate relates.
1.1 Buyer understands t^at the fraudulent use of this certificate may subject Buyer and all parties making
3u:n t: audufent use of this certificate to a fine or imprisonment. or both, together with the costs of
prosecution.
Rita DeBobd
printed or, fy'pad, dame..pf person slgnr>g.. __,..,•
Finance Director
T tie 3! person signing
City of Yakima
Name a1 Buyer
91-6001293
=mo,tfver identrt,caton number
.A;,',re.S3 of Buyer
3 yc.'at::re and cafe signed
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2_0
For Meeting Of: June 15, 2010
ITEM TITLE: Consideration of a Resolution Authorizing a Service Contract under State of
Washington Fleet Credit Card Program.
SUBMITTED BY:
Ken Mehin, Transit Manager — 576-6415
Finance Department
Purchasing Department
CONTACT PERSON/TELEPHONE: Karen Allen, Program Administrator — 576-6423
SUMMARY EXPLANATION:
The City of Yakima desires to participate in the State of Washington Fleet Credit Card Program
(Contract No. 06507). The State Contract with Comdata Corporation administers a specialized
credit card program in which cards are issued to drivers of participant vehicles to purchase gas
at most commercial gas stations. The cards can only be used to purchase gasoline. The
Contract allows the City to pay for the gasoline net of certain taxes from which the City is
exempt.
Certain Van Pools operate in areas where gas is not available for purchase under the City's
existing contract with Wondrack or at the City's Fleet Operations. The cards would be issued
only to Van Pool drivers that operate their vans outside of the City. Accountability and
administration of the cards would follow procedures for Van Pool operation and credit card use
already used by the City and Transit Division.
Utilization of this Fleet Credit Card Program will result in lower costs to the City in that certain
vans will not be required to travel from Naches to Yakima solely for the purpose of refueling.
Resolution X Ordinance Contract X Other (Specify)
Funding Source 462 — Transit Fund
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends the Council adopt the attached Resolution
directing the City Manager to enter into the Service Contract issued under State of Washington
Fleet Credit Card Program Contract No. 06507.
BOARD RECOMMENDATION:
COUNCIL ACTION: