LINCOLN COUNTY, NORTH CAROLINA REQUEST FOR PROPOSAL FOR FLEET FUEL CARD SERVICES RFP#

Transcription

1 LINCOLN COUNTY, NORTH CAROLINA REQUEST FOR PROPOSAL FOR FLEET FUEL CARD SERVICES RFP# PUBLISHED DATE: March 16, 2016 RESPONSE DUE DATE: April 28, 2016 Interested vendors must submit a RESPONSE PACKAGE of one (1) original, two (2) copies and one (1) PDF on a flash drive, to John Henry, Purchasing Agent, Lincoln County, 115 W. Main St. Lincolnton, NC by no later than 2:00 p.m. (EST), April 28, RFP Fleet Fuel Card Page 1 of 19

2 Table of Contents Contents Advertisement for Request for Proposals...4 Request for Proposals Acknowledgement...5 Section 1 Instructions for Submission of Proposal...6 Section 1.1 General Conditions...6 Section 1.2 Bid Time...6 Section 1.3 Late Submission...6 Section 1.4 Preparation of Offers...6 Section 1.5 Withdrawing Bids/Proposals/Quotes...6 Section 1.6 Irregular Bids/Proposals/ Quotes...6 Section 1.7 Addenda to Solicitation...7 Section 1.8 Rejection/Disqualification...7 Section 1.9 Solicitation Costs...7 Section 1.10 Award of Bid...7 Section 1.11 Assignment...7 Section 1.12 Substitutions/Exceptions...7 Section 1.13 References...8 Section 1.14 Prohibition Against Personal Financial Interest in Contracts...8 Section 1.15 Termination/Non Performance...8 Section 1.16 Attorney Fees...8 Section 1.17 Governing Law and Venue...8 Section 1.18 Representation of Proposer...8 Section 1.19 Equal Opportunity...8 Section 1.20 Evaluation Criteria...9 Section 2 Scope of Work...9 Section 2.1 Approximate Usage...9 Section 2.2 Background...9 Section 2.3 Objectives...9 Section 2.4 Credit Limit...10 Section 2.5 Fees...10 Section 2.6 System Access...10 Section 2.7 County Responsibilities...10 Section 2.8 Security...10 Section 2.9 Customer Service...11 Section 2.10 Cancellation of Cards...11 Section 2.11 Cash Advances...11 RFP Fleet Fuel Card Page 2 of 19

3 Section 2.12 Reporting and Replacement of Lost/Stolen Cards...11 Section 2.13 Card Design...11 Section 2.14 Website...11 Section 2.15 Invoicing...11 Section 2.16 Pump Transaction Data...12 Section 2.17 Federal Fuel Tax Exemption...12 Section 2.18 Disputed Transactions...12 Section 2.19 Reporting...12 Section 2.20 General Information Requested...12 Section 2.21 Discounts/Rebates...13 Section 2.22 Miscellaneous Information Requested...13 Section 2.23 Transaction Data/Information...13 Section 3 Proposal Organization and Format...13 Section 3.1 Proposal Organization and Format...13 Section 4 Insurance Requirements...15 Section 4.1 Insurance...15 Section 4.2 Insurance Company Qualifications...15 Section 4.3 Certificate of Insurance...15 Section 4.4 Type of Contract Type and Amount of Insurance...15 Section 5 Lincoln County Terms and Conditions...16 RFP Fleet Fuel Card Page 3 of 19

4 Advertisement for Request for Proposals Lincoln County is accepting Requests for Proposals for Fleet Fuel Card Services per the attached requirements and general conditions. The complete Request for Proposal document package is available at the County s website at lincolncounty.org/bids. One (1) original, two (2) copies and one (1) PDF on a flash drive of the proposal must be submitted by April 28, 2016 at 2:00 p.m. (EST). The proposals, marked original and copy, must be submitted in a sealed envelope with the following information marked plainly on the front: Lincoln County Attn: John Henry, Purchasing Agent 115 W. Main St. Lincolnton, NC Bid # Fleet Fuel Card Services No oral explanation in regard to the meaning of the specifications will be made and no oral instructions will be given before the award of the contract. Request from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing to: John Henry, Purchasing Agent jhenry@lincolncounty.org The deadline for receipt of written questions shall be 5:00 PM EST, Tuesday, April 12, A written response will be posted on the County website lincolncounty.org/bids. Lincoln County reserves the right to reject in part or in whole all proposals submitted, and to waive any technicalities for the best interest of Lincoln County. RFP Fleet Fuel Card Page 4 of 19

5 Request for Proposals Acknowledgement The undersigned certifies that the enclosed proposal is submitted in accordance with all instructions, specifications, definitions, conditions contained herein and that the undersigned is aware that failing to submit a conforming proposal may result in partial or full rejection of the proposal. Company Name Authorized Signature Date Print or Type Signatory Name Address Position / Title City / State Zip Code Phone Number Fax Number Web Page RFP Fleet Fuel Card Page 5 of 19

6 Section 1 Instructions for Submission of Proposal Section 1.1 General Conditions In submitting this proposal, the Bidder understand and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a county official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the County shall prevail. Section 1.2 Bid Time It shall be the responsibility of each Bidder to ensure his/her proposal is turned in to Lincoln County on or before April 28, 2016 at 2:00 p.m. (EST). Proposals received after the time stated above will be considered ineligible and returned unopened. All attached proposal documents are to be returned completely filled out, totaled and signed. Envelopes containing proposals must be sealed. Section 1.3 Late Submission The County will not receive/accept any late proposal submissions after the due date and time. Section 1.4 Preparation of Offers Proposal forms should be typed, printed or written in ink. Proposals written in pencil will not be considered for an award. Section 1.5 Withdrawing Bids/Proposals/Quotes Proposals may be withdrawn any time prior to the official opening; request for nonconsideration of proposals must be made in writing to the Purchasing Agent and received prior to the time set for opening proposals. The bidder warrants and guarantees that his/her proposal has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Section 1.6 Irregular Bids/Proposals/ Quotes Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, Lincoln County reserves the right to waive any irregularities and make the award in the best interest of the County. RFP Fleet Fuel Card Page 6 of 19

7 Section 1.7 Addenda to Solicitation If necessary, the County may modify this solicitation by formal written addendum, which is posted within the County s website. Respondents shall acknowledge by completing addendum form provided by the County. The addendum form should be signed and returned as part of the proposal response. Failure to do so may cause the proposal to be ineligible for consideration for contract award. No oral or informal addendum to this solicitation shall be binding on the County. Section 1.8 Rejection/Disqualification The County reserves the right to accept or reject any or all statement of qualifications or any part thereof, to waive all technicalities, and to accept the offer or offers that are determined to provide the best benefit to the County. A failure to provide any requested information may result in rejection of a statement of qualifications, in whole or in part, at the County s sole discretion. However, the County reserves the right to request additional or clarifying information from a Proposer after a statement of qualifications has been submitted. Such information may be used to further evaluate the Proposer s statement qualifications. Section 1.9 Solicitation Costs All costs incurred by the Proposer in the preparation, printing, demonstration or negotiation of its statement of qualifications shall be borne by the Proposer. This solicitation does not obligate or commit the County to pay any costs incurred in the preparation and submission of this request for proposals or to contract for the goods/services specified. Further, the County is not obligated to pay any costs incurred by any Proposer as a direct result of errors or omissions committed by the County employees or agents in the preparation of this solicitation and the processing of the Proposer s statement of qualifications. It is incumbent upon each Proposer submitting a proposal to verify the accuracy of the information herein contained based upon each Proposer s research and information, and to immediately advise the County of any discrepancies. Section 1.10 Award of Bid The bid award will be made within ninety (90) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. Lincoln County reserves the right to award bids whole or in part when deemed to be in the best interest of the County. Section 1.11 Assignment The successful bidder shall not assign his/her rights and duties under an award without the written consent of Lincoln County. Such consent shall not relieve the assignor of liability in the event of default by his assignee. Section 1.12 Substitutions/Exceptions Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with proposal. No substitutions or changes in the specifications shall be permitted after RFP Fleet Fuel Card Page 7 of 19

8 award of bid without prior written approval of the Purchasing Agent or their designee. Section 1.13 References A minimum of three (3) references, from similar governmental entities, organizations and/or entities that Proposer has provided with similar services. The Company name, contact and phone number must be included with each reference. Section 1.14 Prohibition Against Personal Financial Interest in Contracts No employee of Lincoln County shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the County. Section 1.15 Termination/Non Performance Continuing non-performance of the vendor in terms of Specifications set forth in the contract documents shall be a basis for the termination of the contract by the County. Lincoln County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract. The County reserves the right to terminate the contract immediately in the event the successful bidder fails to 1) Meet delivery schedules or, 2) Otherwise not perform in accordance with the Specifications set forth in the contract documents. Breach of contract or default authorizes the County to award to another bidder, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. Section 1.16 Attorney Fees If either party retains an attorney to enforce the contract, the party prevailing in litigation as determined by a court of law is entitled to recover reasonable attorney s fees and court costs. Section 1.17 Governing Law and Venue The construction and validity of the contract shall be governed by the laws of the State of North Carolina. Venue for any legal action commenced hereunder shall be in a court of appropriate jurisdiction in Lincoln County, North Carolina. Section 1.18 Representation of Proposer By submitting its proposal, Proposer represents that: a) Proposer has read and understands this solicitation; b) Proposer s proposal is made in accordance with this solicitation; c) Proposer s proposal is based upon the information set forth in this solicitation. Section 1.19 Equal Opportunity The successful Proposer must agree to abide by regulations pertaining to Equal Employment set forth in all applicable local, state and federal regulations, to include not discriminating because of race, color, religion, sex, age, disability, or national origin. RFP Fleet Fuel Card Page 8 of 19

9 Section 1.20 Evaluation Criteria Proposals will be evaluated on the basis of their responses to all provisions of this RFP. The County may use some or all of the criteria below in its evaluation and comparison of proposals submitted. The criteria listed is not necessarily an all-inclusive list. Compliance with RFP Requirements, per scope 25% Experience and Qualifications 25% Fuel Rebate/Discount Offered 15% Total Cost of Solution/Fees 25% Data Integration/Transaction Information 10%. Section 2 Scope of Work Lincoln County is seeking proposals for Fleet Card Fueling Services. The Fleet Card will be used primarily for fuel purchases. The County, at its discretion, may wish to extend its use to non-fuel purchases or minor services or repairs; may wish to limit product type(s); and may wish to limit per transaction or daily quantities. Pay-at-thepump sales and/or manual sales transactions should be available at all fueling locations. The requirements below are intended to give a general guideline or parameters for what the County will require. It is encouraged that proposers provide additional features and options that are available with their fuel card solution. The proposer s technical proposal presented should address the requirements below, as well as explain and/or describe additional features, options and benefits of the proposed solution. The term of this contract shall be for an initial two (2) year period with three (3) single year renewal period3. Total contract will not exceed five (5) years. Delivery Location/Designated Person: Fleet fueling cards shall be delivered to John Henry, Purchasing Agent, or designated agent, 115 W. Main St. Lincolnton, NC Section 2.1 Approximate Usage Estimated annual fuel usage on fleet fueling cards is 400,000 gallons of unleaded gasoline and diesel. Approximate usage does not constitute an order, but only implies the probable quantity the County will use. Product(s)/Service(s) will be ordered on an as-needed basis. Approximate number of vehicles to be authorized: 520 current. The County reserves the right to add or delete any driver or vehicle at any time without additional expense. Approximate number of drivers to be authorized: 1300 current. Service shall be available, however, to an unlimited number of drivers and vehicles. At the County s discretion they should be able to add vehicles and drivers at will, without any additional fees. Section 2.2 Background The County s fleet fuel card usage is primarily in the State of North Carolina, but may be used in any location which accepts vendor s fueling card. Fuel is purchased on an as-needed basis, with no guaranteed minimum per month to be purchased. Section 2.3 Objectives RFP Fleet Fuel Card Page 9 of 19

10 Fleet card fueling services must be universal with locations throughout North Carolina. The term universal in this document means that generally all major gas stations, such as: Conoco, Amoco, Chevron, Citgo, Fina, Getty, Mobil, Exxon, Sunoco, Valero, Coastal, Hess, Shell, Diamond Shamrock, Gulf Oil, etc., as well as many other regional/local companies are currently accepting the card for purchase at their stations. Provider must have multiple locations within each state, taking into consideration the population of each of the states. It is desirable that Provider have multiple locations in Lincoln County. Section 2.4 Credit Limit The County requests a beginning credit limit of $350, The County may request that this limit be extended upwards during the contract period should the County s usage increase or should fuel prices escalate. Please indicate time frame needed for approval of increased credit limit. System access by users shall not be denied without prior notification to the County. Section 2.5 Fees Proposer must describe in detail the nature and extent of all fees applicable to their program, i.e., monthly/annual card fees, transaction fees, software fees, report fees, etc. Complete Attachment A Fees & Discount/Rebate Form and include in your proposal. Section 2.6 System Access The County desires that the cards be assigned to the vehicle and that the driver be assigned a PIN number by the County which shall be valid for use with any County authorized vehicle. A six-digit, all numeric PIN is preferred. a. Explain in detail your company s process of issuing cards: i. Initial issue ii. Additional issue iii. Reissue/renewal b. Explain in detail your company s process of issuing driver ID/PIN numbers. The County should have the ability to assign the PIN numbers. Section 2.7 County Responsibilities The proposer shall provide monthly statements of all charges and other amounts due. The County shall be responsible for all authorized charges, provided that the use is within the required authorization control limits assigned by the County. All nonelectronic sites shall be noted on the monthly billing. Any purchase which was not electronically authorized and may result in a balance temporarily exceeding the billing cycle or single purchase limits shall not constitute any additional charges being added to the billing. Non-fuel transactions shall be flagged and item(s) purchased shall be identified on billing and reports. Original fuel card receipts shall be given to the driver at the time of the purchase. Section 2.8 Security The County shall not be liable for charges resulting from the unauthorized use of any credit card. For this purpose, an unauthorized use is one that was incurred by RFP Fleet Fuel Card Page 10 of 19

11 someone other than an authorized County employee who did not have actual, implied, or apparent authority to use the credit card. Please provide your company s security measures concerning lost/stolen cards, as well as security measures to ensure that no unauthorized use of the cards occurs at such time when at the pump card use is not available and a manual inside transaction is required. Section 2.9 Customer Service Contractor shall provide driver receipts for all purchases; shall provide 24-hour customer service for any problems arising from fueling; and shall provide 24-hour customer service for reporting lost/stolen cards or unauthorized users. Please provide a listing of all other services provided by your company. Also, please indicate if new driver information packets are furnished by your company and what charge, if any, is applicable. Website access for adding, terminating, or re-instating drivers and vehicles is required, with optional telephone access. Section 2.10 Cancellation of Cards Please include in this proposal your company s procedure for cancellation of cards. Website access is highly preferred. Section 2.11 Cash Advances The fleet card shall not be used, under any circumstances, for cash advances from banks, automated teller machines, or any location providing such advances. The Proposer shall ensure that all accounts are blocked from this type of activity. Section 2.12 Reporting and Replacement of Lost/Stolen Cards Please provide the County with your company s detailed procedures for reporting and replacing lost/stolen cards. Section 2.13 Card Design Cards may require special card embossing, such as no company name or vehicle number embossing. Please state if such cards will be available. Section 2.14 Website Please give details and list services/reports that would be available to the County through your website. The County highly prefers to have the ability to view drivers and status both active and inactive; view vehicles and status both active and inactive; request vehicle/driver status change via internet; request to add vehicle/driver via internet; to view current transactions; and to view report data. In addition, the system should have the ability to export transaction data to the County in Excel format. Transaction data should include but not be limited to: date, time of transaction, location, vendor name, quantity purchased, cost per gallon, gross cost, federal taxes, net cost, driver identification and product. Section 2.15 Invoicing Please furnish sample invoicing. RFP Fleet Fuel Card Page 11 of 19

12 Section 2.16 Pump Transaction Data All fuel transactions shall require driver ID and an odometer entry or equipment identifier for non-vehicular purchases. At a minimum, the Contractor shall insure that the following data is contained on the original receipt given to the driver at the time of each fleet card purchase: Vehicle Number Vehicle Card Number Odometer Reading Name of Fueling Site Location of Fueling Site Transaction Date Transaction Time Number of Fuel Gallons Fuel Type (unleaded regular, unleaded plus, unleaded premium, diesel) Fuel Cost per Gallon Total Fuel Cost Non-Fuel Purchases or Repair Costs, if any Total Sale Please indicate whether the above information will be included on receipts for manual purchases also. If all information will not be included, please indicate the items that will be included. Section 2.17 Federal Fuel Tax Exemption The County is by law exempted from Federal Fuel Taxes. Therefore, proposer shall provide your Company s procedure for handling these fuel taxes. The County will provide tax information to the proposer upon request. Section 2.18 Disputed Transactions The proposer shall include as part of this proposal an explanation of their dispute resolution process. The County reserves the right to modify or not consider this process as they deem necessary in the final agreement. Section 2.19 Reporting The proposer shall include as part of this proposal a detailed listing of all reports available to the County under the standard agreement and costs, if any associated with each report. Proposer shall state if information is available for selected time frame (e.g. from date to date) and/or on a daily, weekly, and monthly basis. Also, please indicate if custom reports are available and the cost associated with such reports if applicable. Please submit a sample copy of all reports detailed in this section. Proposer shall describe manner of reporting and identifying non-fuel products purchased such as DEF, oils, antifreeze, etc. Section 2.20 General Information Requested The proposer shall provide in the submittal of the proposal the following information: Listing of all stations that accept the fueling card offered Total number of fueling sites in North Carolina Total number of fueling sites in the continental USA RFP Fleet Fuel Card Page 12 of 19

13 Turnaround time for vehicle and driver authorization. Should indicate the time via fax/telephone, US mail, or website. Section 2.21 Discounts/Rebates The proposer should indicate the price per gallon discount/rebate off the pump prices offered to the County, if any. If a sliding scale, please so indicate. Section 2.22 Miscellaneous Information Requested Proposer shall include, with their proposal, a detailed list of any/all charges that may be incurred by the County, which have not been covered in this RFP. The County is interested in learning about enhanced features and services that reach beyond the County s basic requirements. Proposer should include with this RFP response a detailed description of all additional services offered and costs associated with such services. Said services shall be considered as available options only. Any additional options will not be weighted in evaluated and award of this RFP response. Section 2.23 Transaction Data/Information The proposed fleet fuel card solution should allow for the exporting of transactional data in a sequel server database. The timing and frequency of the availability to export this data should be explained in the proposal submitted. Please note any additional tracking capabilities your solution provides as well as any past experience in merging data with fleet fuel card transaction data. Section 3 Proposal Organization and Format Section 3.1 Proposal Organization and Format Proposal should be submitted on 8.5 by 11 inch paper bound securely. Proposals must contain and be organized as shown below. Each section should be separated by numbered tabs. Cover clearly displaying the title of the RFP Tab 1: Table of Contents Tab 2: Introductory letter, to include the name of firm and contact information for the primary County contact with the firm. Tab 3: Company biography and other information: provide a brief company history including date founded, number of employees, company headquarters location and operating locations, and past projects and accomplishments. Proposers may also provide any other general information that the Proposer believes is appropriate to assist the County in its evaluation. Tab 4: Experience, Past Performance, and Capacity: Proposers must submit under this tab a concise description of its experience, past performance and capacity to deliver the proposed services. Tab 5: Customer and Card Services: Provide overview of customer service to include support services, System Access Process as outlined in Section 2.6, issuance/cancellation of cards, reporting lost/stolen cards, card design, RFP Fleet Fuel Card Page 13 of 19

14 and disputed transaction resolution, ability to block cash advances, liability and security. Tab 6: Fuel Card Transaction Sites and Fuel Transaction Data: List of sites accepting fuel card transactions as outlined in Section 2.20 and availability of pump transaction data as outlined in Section Also include availability of real-time-data through web portal or website. Tab 7: Invoicing and Reporting: Provide sample of invoice, process for taxexemption application, overview of reporting as outlined in Section 2.19, and availability of other reporting capabilities outside what is requested in this RFP. This section of the response should include all experience and ability to interface with outside software sources for migration of data. Tab 8: Fees & Discounts/Rebates: Provide a list of all applicable fees as outlined in Section 2.5 and any additional fees that the County could be subject to as well as all applicable discounts and rebates being offered. Include a completed Attachment A of this RFP in this section of your response. Tab 9: Litigation: Provide the style and cite of any current/pending litigation and any litigation settled or disposed within the past five (5) years against the Proposer, including its parent, sister or subsidiary companies and proposed subcontractors. Tab 10: References; Provide three (3) references from similar municipalities, organizations and/or entities that Proposer has provided with similar services. Remainder of Page Intentionally Left Blank RFP Fleet Fuel Card Page 14 of 19

15 Section 4 Insurance Requirements Section 4.1 Insurance Contractors providing good, materials and services for Lincoln County shall, during the term of the contract with Lincoln County or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions: 1. Name Lincoln County as additional insured as to all applicable coverage with the exception of workers compensation insurance. 2. Provide for at least thirty (30) days prior written notice to Lincoln County for cancellation, non-renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against Lincoln County for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Section 4.2 Insurance Company Qualifications Insurance Company Qualifications; All insurance companies providing the required insurance shall be authorized to transact business in North Carolina. Section 4.3 Certificate of Insurance Certificate of Insurance: A certificate of insurance evidencing the required insurance shall be submitted with the contractor s response to proposal. If the contract is renewed or extended by Lincoln County, a certificate of insurance shall also be provided to Lincoln County prior to the date the contract is renewed or extended. Section 4.4 Type of Contract Type and Amount of Insurance Workers Compensation - The Contractor shall provide and maintain Workers Compensation Insurance, as required by the laws of North Carolina, as well as employer s liability coverage with minimum limits of $150,000.00, covering all of Contractor s employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. Commercial General Liability - Contractor shall maintain Commercial General Liability insurance, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than $1,000, per occurrence, and $1,000, annual aggregate. The limits may be satisfied by a combination of primary and excess insurance. The coverage shall be written on an occurrence basis. Automobile - At all times while the Contractor s representatives are conducting on-site work, the Contractor shall maintain Business Auto insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $1,000, per occurrence RFP Fleet Fuel Card Page 15 of 19

16 combined single limit for bodily injury and property damage liability. The limit may be satisfied by a combination of primary and excess insurance. Section 5 Lincoln County Terms and Conditions 1.1 DEFAULT AND PERFORMANCE BOND: In case of default by the Contractor, the County may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Lincoln County reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to the County. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, Lincoln County may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the County, and debar the Contractor from doing future business with Lincoln County. 1.2 GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. Lincoln County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract. 1.3 AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. 1.4 TAXES: Any applicable taxes shall be invoiced as a separate item. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates); collect(s) the appropriate taxes. 1.5 SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 1.6 GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 1.7 NO COLLUSION OR CONFLICT OF INTEREST: By responding to this RFP, the Service Provider shall be deemed to have represented and warranted that the Proposal is not made in connection with any competing Service Provider submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud. 1.8 INSPECTION AT CONTRACTOR S SITE: Lincoln County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the County s determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract. 1.9 PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Lincoln County is responsible for all payments to the Contractor under the contract AFFIRMATIVE ACTION: The Contractor will take affirmative action in complying with all federal and state requirements concerning fair employment and employment of RFP Fleet Fuel Card Page 16 of 19

17 people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. Title VI is part of the Civil Rights Act of 1964, as amended, and its implementing regulations provide that no person shall be subject to discrimination on the basis of race, color or national origin under any program or activity that receives federal financial assistance. For our purposes, national origin equates to individuals who have a limited proficiency with the English language and their primary language is not English, hence, the term limited English proficiency or LEP CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution PATENT: The Contractor shall hold and save Lincoln County, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government ADVERTISING: Contractor agrees not to use the existence of this contract or the name of Lincoln County as part of any commercial advertising ASSIGNMENT: No assignment of the Contractor s obligations nor the Contractor s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Contractor, Lincoln County may: Forward the Contractor s payment check directly to any person or entity designated by the Contractor, and Include any person or entity designated by contractor as a joint payee on the Contractor s payment check. In no event shall such approval and action obligate Lincoln County to anyone other than the Contractor, and the Contractor shall remain responsible for fulfillment of all contract obligations INSURANCE COVERAGE and GENERAL REQUIREMENTS - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: Coverage: RFP Fleet Fuel Card Page 17 of 19

18 Workers Compensation - The Contractor shall provide and maintain Workers Compensation Insurance, as required by the laws of North Carolina, as well as employer s liability coverage with minimum limits of $150,000.00, covering all of Contractor s employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract Commercial General Liability - Contractor shall maintain Commercial General Liability insurance, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than $1,000, per occurrence, and $1,000, annual aggregate. The limits may be satisfied by a combination of primary and excess insurance. The coverage shall be written on an occurrence basis Automobile - At all times while the Contractor s representatives are conducting on-site work, the Contractor shall maintain Business Auto insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $1,000, per occurrence combined single limit for bodily injury and property damage liability. The limit may be satisfied by a combination of primary and excess insurance General: Prior to beginning the work, Contractor shall provide written evidence of insurance as requested by the County to confirm that these insurance requirements are satisfied Lincoln County shall be named as an additional insured under Contractor s automobile and general liability insurance. In the event of a loss arising out of, or related to the Contractor s services performed under this Agreement, Contractor s Liability insurance shall be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the other insurance provisions may read The workers compensation policy must contain a waiver of subrogation in favor of the County Contractor shall be responsible for insuring all of his/her own personal property, improvements, and betterments All insurance policies put forth to satisfy the above requirements shall require the insurer to provide a minimum of thirty (30) days notice to the County of any material change in coverage, cancellation, or non-renewal All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the State of North Carolina. Any deductibles or self-insured retentions in the required insurance shall be subject to approval by the County Contractor shall provide certificates of insurance to the County as evidence of the required coverage. Contractor agrees to provide complete copies of policies if requested. Failure of Contractor to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Contractor s delaying performance entitling the county to all appropriate remedies under the law including termination of the contract GENERAL INDEMNITY: The Contractor shall hold and save Lincoln County, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, RFP Fleet Fuel Card Page 18 of 19

19 or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the Contractor provided that the contractor is notified in writing within 30 days that the County has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against Lincoln County s agents who are involved in the delivery or processing of contractor goods to the County. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract CONTRACT AND OR AGREEMENT TERM LENGTH: The duration of this contract and or agreement shall be for one year unless noted on the signature page. No contract and or agreement shall extend 60 days past the renew date. Contract and or agreements may be extended, upon agreement of the parties, for up to a total of five years from the original contract or agreement date. However; the contract and or agreement will not be automatically renewed past the contract and or agreement dates listed on the initial signature page CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least ninety (90) days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving thirty (30) days prior notice in writing to the other party QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases thereunder PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period, must be general, either by reason of market change or on the part of the contractor to other customers Notification: Must be given to the issuing purchasing authority, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer s official notice or other acceptable evidence that the change is general in nature Decreases: The County shall receive full proportionate benefit immediately at any time during the contract period Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with the County reserving the right to accept or reject the increase, or cancel the contract. Such action by Lincoln County shall occur not later than 15 days after the receipt by Lincoln County of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item CRIMINAL CONVICTIONS CHECKS: Lincoln County is committed to providing a crime free environment for its staff and citizens. If the contractual requirements requires your personnel will have access to various areas of County Facilities. The County reserves the right to require a criminal convictions check on owners, officers, employees and any other workers of the Contractor and their subcontractors at any time upon written request. The Contractor or the Contractor s direct representative shall accompany all new employees to the jobsite and present them to the Contract Administrator. At that time, if a RFP Fleet Fuel Card Page 19 of 19

20 criminal convictions check has been requested the Contractor shall provide a criminal history (not a letter) including traffic records, by presenting a document from a reputable company providing statewide searches covering a minimum of the last seven (7) years to the Contract Administrator. The criminal history shall match the name on state issued picture identification card. Out of state searches shall be required for persons living in the state of North Carolina for less than seven (7) years. The names, addresses and birth dates of each person that enters County property (including the owners and subcontracts) in the performance of this contract shall be supplied with the criminal history on company letterhead signed by a representative duly authorized to sign on behalf of the company. This history shall be provided to the Contract Administrator at least twenty-four (24) hours prior to any person performing work under this contract. Persons without this criminal history may be turned away and not allowed to work on any property owned or utilized by the County until proper documentation is submitted and approved by the Contract Administrator. The County reserves the right to keep any person from being assigned to work on its property if that person (1) has been convicted of a criminal offense since the age of eighteen (18), or (2) been found at any time to have an outstanding warrant or a pending court case, or, (3) if related to his/her work at the County, has current habitual problems with traffic related issues such as no driver s license, no vehicle tags, and/or no insurance. The Contractor must disclose the criminal convictions records of all persons proposed to work on property with the designated county official. During the term of this contract, the Contractor shall comply with these procedures for any new owner, officer, employee and any other worker of the Contractor and their subcontractors upon proper written notification by the Contract Administrator. The Contract Administrator shall maintain all criminal convictions checks in a secure locked container for the term of the contract. At the end of the contract period the Contract Administrator shall ensure that the files have been returned to Contractor or destroyed in such a manner as to prevent disclosure of any kind EMPLOYEE VERIFICATION: Contractor shall verify and provide photo identification of each of its employees, and require the same of any subcontractors hired by Contractor. Contractor shall further utilize employees or subcontractors that speak fluent English such that they can understand any directions of the Contractor or County, and be understood in their responses thereto. Contractor at all times it is entered into a contract with Lincoln County shall comply, to the extent applicable, with Article 2 of Chapter 64 of the North Carolina General Statutes, and shall further ensure that any subcontractors performing work for Company shall at all times comply with Article 2 of Chapter 64 of the North Carolina General Statutes. Contractor shall further execute an affidavit on a form provided by Lincoln County averring such compliance as stated herein IRAN DIVESTMENT ACT: For new procurements and new, renewed, or assigned contracts with Lincoln County on or after February 26, 2016, each bidder or vendor must affirm that it is not listed on the State Treasurer s Final Divestment List found at as of the date of signature. The certification shall be due at the time a bid is submitted or the time a contract is entered into, renewed, or assigned. (G.S. 143C-6A- 5(a).) Individuals or companies on the Final Divestment List are ineligible to contract or subcontract with Lincoln County. (G.S. 143C-6A-6(a).) Any existing contracts with these Iran-linked persons will be allowed to expire in accordance with the contract s terms. (G.S. RFP Fleet Fuel Card Page 20 of 19

21 143C-6A-6(c).) Contracts valued at less than $1, are exempt from this restriction. (G.S. 143C-6A-7(a).) In addition, Lincoln County may contract with, but is not required to, a listed individual or company if it makes a good-faith determination that (1) the commodities or services are necessary to perform its functions and (2) that, absent such an exemption, it would be unable to obtain those commodities or services. (G.S. 143C- 6A-7(c).) Any such exemption shall be entered by Lincoln County into the procurement record. The Act provides that vendors to Local Government Units may not utilize any subcontractor found on the State Treasurer s Final Divestment List. (N.C.G.S. 143C-6A- 5(b).) It shall be each vendor s responsibility to monitor its compliance with this restriction. RFP Fleet Fuel Card Page 21 of 19

22 Attachment A Fees, Discounts & Rebates Overview Fees: Proposer must describe in detail the nature and extent of all fees applicable to their program; i.e., monthly/annual card fees, transaction fees, software fees, report fees, etc Fees: Monthly Card Fees Annual Card Fees Transaction Fees Late Payment Fees/Late Charges Software Fees Report Fees Charges for replacement cards (Lost or stolen) Charges for special embossing of cards APR % Other Fees or Charges Discounts/Rebates: The Proposer should indicate the price per gallon discount/rebate off the pump prices offered to Lincoln County, if any. If a sliding scale, list the breaks based on volume of gallons purchased per month. Flat Rate Discounts/Rebates per Gallon: Sliding Scale Gallons per Month Discounts/Rebates per Gallon: RFP Fleet Fuel Card Page 22 of 19