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21-0615_WEX BANK FUEL CARD_Agenda Report_E19City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Jill Thomas, Senior Management Analyst DATE: June 15, 2021 SUBJECT: Agreement with WEX Bank Fuel Card and Management Services; and Resolution Waiving the Formal RFP/RFQ Process RECOMMENDATION: 1.Adopt a Resolution waiving the formal RFP/RFQ process; and, 2.Approve and authorize the City Manager 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. DISCUSSION/ANALYSIS: The City currently utilizes US Bank Voyager fuel card and online management system under contract with the State of California Department of General Services Agreement to purchase fuel for the City’s fleet vehicles. This Agreement will expire on June 30, 2021. The State of California has entered into a new agreement with WEX Bank to provide these services effective February 8, 2021, through June 30, 2025. The agreement includes one optional two-year extension by the State (Attachment 1). Staff recommends utilizing the new program to purchase fuel, and is requesting an exception to the formal Request for Proposal/Request for Qualification (RFP/RFQ) procurement process in order to become a participating entity of the State of California’s recent formal procurement process and resultant fuel card and management service agreement award with WEX Bank (MSA #5-19-99-19-01). This approach is the most cost-effective approach for the City as it provides competitive pricing, local access to fuel, as well as tax-exempt status 6/15/2021 E19 City Council Agenda Report June 15, 2021 Page 2 of 2 to the City for payment of Federal taxes on fuel purchases. Additionally, the City will be invoiced for fuel purchased at current retail pricing with no upcharge. To approve this exception to the procurement process, the City Council must adopt the attached Resolution (Attachment 2) waiving the formal RFP/RFQ procurement process for fuel card and management services. It is also recommended that the City Council authorize the City Manager 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. The proposed WEX Bank agreement provides local fuel access for the City’s fleet vehicles at all fuel stations in the City as well as surrounding areas (95% of retail stations nationwide are included in the WEX program). The WEX Online system also provides online account access to control and manage fleet purchases, invoices, standard and custom reporting, tax exemption reports, fuel price mapping, spending limits and product control by driver and vehicle in addition to 24/7 roadside assistance. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. The terms are the same as the existing agreement and the City will continue to realize savings on fuel purchases as all fleet fuel purchases will be tax exempt from Federal taxes. Federal taxes on fuel are currently $0.183 per gallon for regular and $0.243 per gallon for diesel. The tax exemption translates to approximately $3,500 to $4,000 annually. Fuel is purchased at the current retail rate and there is no upcharge. There is sufficient funding in the Public Works Operating Budget to support this operation. ENVIRONMENTAL IMPACT: The recommended action is exempt from CEQA per Section 15061 (b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Adopting a resolution waiving the formal RFP/RFQ process and authorizing the City Manager 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 would not be an activity with potential to cause significant effect on the environment and is therefore exempt from CEQA. PRIOR CITY COUNCIL REVIEW: On July 19, 2011, the City Council approved participation in the State of California’s fleet card program with US Bank. City Council Agenda Report June 15, 2021 Page 3 of 2 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Tanya Watson, WEX Bank Phil Guenther, Department of General Services, State of California ATTACHMENTS: Attachment 1: WEX Bank/State of California Agreement Attachment 2: Proposed Resolution 21-06-15-XX ATTACHMENT 1, PAGE 1 OF 36 ATTACHMENT 1, PAGE 2 OF 36 ATTACHMENT 1, PAGE 3 OF 36 ATTACHMENT 1, PAGE 4 OF 36 ATTACHMENT 1, PAGE 5 OF 36 ATTACHMENT 1, PAGE 6 OF 36 ATTACHMENT 1, PAGE 7 OF 36 ATTACHMENT 1, PAGE 8 OF 36 ATTACHMENT 1, PAGE 9 OF 36 ATTACHMENT 1, PAGE 10 OF 36 ATTACHMENT 1, PAGE 11 OF 36 ATTACHMENT 1, PAGE 12 OF 36 ATTACHMENT 1, PAGE 13 OF 36 ATTACHMENT 1, PAGE 14 OF 36 ATTACHMENT 1, PAGE 15 OF 36 ATTACHMENT 1, PAGE 16 OF 36 ATTACHMENT 1, PAGE 17 OF 36 ATTACHMENT 1, PAGE 18 OF 36 ATTACHMENT 1, PAGE 19 OF 36 ATTACHMENT 1, PAGE 20 OF 36 ATTACHMENT 1, PAGE 21 OF 36 ATTACHMENT 1, PAGE 22 OF 36 ATTACHMENT 1, PAGE 23 OF 36 ATTACHMENT 1, PAGE 24 OF 36 ATTACHMENT 1, PAGE 25 OF 36 ATTACHMENT 1, PAGE 26 OF 36 ATTACHMENT 1, PAGE 27 OF 36 ATTACHMENT 1, PAGE 28 OF 36 ATTACHMENT 1, PAGE 29 OF 36 ATTACHMENT 1, PAGE 30 OF 36 ATTACHMENT 1, PAGE 31 OF 36 ATTACHMENT 1, PAGE 32 OF 36 ATTACHMENT 1, PAGE 33 OF 36 ATTACHMENT 1, PAGE 34 OF 36 ATTACHMENT 1, PAGE 35 OF 36 ATTACHMENT 1, PAGE 36 OF 36 1 RESOLUTION NO. 21-06-15-XX 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 ATTACHMENT 2, PAGE 1 OF 2 2 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 is ___ Day of ____________, 2021. ________________________ JOHN TAYLOR, MAYOR ____________________________ Maria Morris, City Clerk ATTACHMENT 2, PAGE 2 OF 2