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Resolution Number 21-06-15-05' RESOLUTION NO. 21-06-15-05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL RFP/RFQ BID PROCESS AS A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AWARDING AN AGREEMENT FOR FUEL CARDS AND MANAGEMENT SERVICES AS A PARTICIPATING ENTITY IN ACCORDANCE WITH A COMPETITIVE PROCUREMENT CONDUCTED BY THE STATE OF CALIFORNIA WHEREAS, the City has contracted with State of California Inc. through US Bank for fuel card and management services since 2011; and WHEREAS, the contract between the State of California and US Bank expires on June 30, 2021; and WHEREAS, the ability to purchase fuel for the City fleet is a critical operational function to provide necessary support for the City and community; and WHEREAS, the State of California recently bid and awarded a contract for fuel card and management services effective February 8, 2021 to WEX Bank; and ' WHEREAS, the City desires to become a participating entity on the competitive procurement performed by the State of California, Contract No. MSA #5-19-99-19-01; and WHEREAS, fuel purchased through the WEX Bank fuel card system will not be subject to Federal taxes; and WHEREAS, fuel purchased through the WEX Bank fuel card system will be invoiced to the City at current retail pricing with no upcharge; and WHEREAS, Section 3-4.304 of the San Juan Capistrano Municipal Code provides that services contracts over $25,000 are subject to a formal RFP/RFQ procurement process; and WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code provides an exception to the formal RFP/RFQ procurement process where the process is deemed not to be the most cost-effective approach; and WHEREAS, undergoing a formal RFP/RFQ procurement process for fuel card and management services would not be the most cost-effective approach given the City's immediate need to have access to a reliable online management system for fuel required ' by the City fleet, the cost benefit realized by the ability for Federal tax exempt status on fuel, and the ability to rely on a competitive procurement recently performed by the State of California; and 6/15/2021 WHEREAS, WEX Bank has been thoroughly vetted by the State of California in its ' ability to provide fleet card services including an online fuel management system to assist the State and other agencies to source and purchase fuel in a secure, reliable and economical manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: 1. That the foregoing recitals are true and correct and incorporated herein by this reference. 2. That undergoing a formal RFP/RFQ procurement process at this time for fuel card and management services would not be the most cost-effective approach and is therefore waived for this procurement. 3. That the City Manager or his designee is hereby authorized to execute all documents necessary to participate in the State of California's contract with WEX Bank and all subsequent applications/agreements of the WEX Bank fuel card and management services program. PASSED, APPROVED, and ADOPTED on the 15'" da�� �02 ' A JOHN TAYLOR, MAYOR ATTESTi T A I MARIANORRIS� CITY 2 6/15/2021 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 21-06-15-05 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of June 2021, by the following vote: AYES: OUNCIL MEMBERS: Reeve, Hart, Bourne, Farias and Mayor Taylor NOES: O�N IL MEMBERS: None ABSENT: qQUN0L MEMBERS: None U Vw MARIA MORRIS, CITY 3 6/15/2021