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Home My WebLink AboutContract 59805CSC No. 59805 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Toter, LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract Sourcewell 041521-TOT; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Two Million, Six Hundred and Sixty Thousand and Ninety -Five Dollars and Zero Cents ($2,660,095.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on May 28, 2024. The City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall notify Toter three (3) business days prior to the audit, after which City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile in electronic communications portable document format and confirmation of the transmission, (3) hardcopy via overnight service and/or (4) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address "nofT/VOILDIII I Toter, LLC Laura P. Hubbard Director of Municipal Sales Address: 841Meacham Road Statesville, NC 28677 Email: Ihubbard@wastequip.com With copy to Richard Sedory, Senior Counsel, Address: 6525 Carnegie Boulevard, Suite 300, Charlotte, NC 28211 Email: rsedory(&,,wastequip.com The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: V 1,inn (Jut 18, 202316:03 CDT) Name: Valarie Washington Title: Assistant City Manager Date: J u 118, 2023 APPROVAL RECOMMENDED: By: "--Ta Name: James Keezell Title: Code Compliance Assistant Director ATTES A By: Name: Jannette Goodall Title: City Secretary VENDOR - By: XamLaura P. Hubbard Title: Director of Municipal Sales CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Christian H rner By ChrjctinnHarnarlhillR,gmknao"rnT1 Name: Christian Harper Title: Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: Foar°�°da d °soo ono �o �{¢aar e� (�i�i�ht� adIln aEXaso By: a Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0590 1295:2023-1021671 OFFICIAL RECORD Date: July 14, 2023 CITY SECRETARY FT. WORTH, TX 0 • Sourcewell. i Awarded Contract Contract # 041521 JOT Sell To: Contact Name Christian Harper Bill To Name City of Fort Worth Bill To 100 Throckmorton St Ste 700 Fort Worth, TX 76102-2837 USA Email christian.harper@fortworthtexas.gov Phone (817) 713-1703 Quote Information Salesperson Chance Hennig Salesperson Email chennia(cDwasteauir).com Salesperson Phone (361) 362-4485 **Plastics - 79232 Model 79232 - Toter 32 Gallon EVR II Universal/Nestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 Ship To Name City of Fort Worth Ship To 7801 W Cleburne Fort Worth, TX 76133 USA Created Date 5/17/2023 Expiration Date 7/31/2023 Quote Number WQ-10273826 Please Reference Quote Number on all Purchase Orders Body Color -(279) Brownstone ---Lid Trash carts Color - (200) Black 1/3 Assembled ---Body Hot Stamp 1080 per TL on Both Sides (Existing) in White Sourcewell List ---Lid Hot Stamp $46.02 Center - Read from (Discount off List Street (Existing) in 10.3% / $4.73) White Base Cart $41.29 ---Wheels - 8in + Body Color Sunburst (279) Brownstone ---Lid Insert - Read - Granite fee from Street waived (Existing) + Body HSBS ---Customer Serial S1915 Fort Worth Number Hot $0.50 ($0.25ea) Stamped on Front of + Lid Hot Stamp Cart Body in White S4284 Garbage ---1/3 Assembled Only $0.25 with Stop Bar and + Lid Insert B0079 Axle Factory Place At Curb Installed $0.25 ---Warranty — 12 Yrs Sales Price Cart Body, All other $42.29 components 10 Yrs 1,080.00 $42.29 $45,673.20 ---Body Color - 0 • Sourcewell. i Awarded Contract Contract # 041521 JOT Model 79264 - Toter 64 Gallon EVR 11 **Plastics - 79264 Universal/Nestable Cart **Plastics - 79296 Model 79296 - Toter 96 Gallon EVR II Universal/Nestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 Trash Carts (279) Brownstone --- 1/3 Assembled Lid Color - (200) 840 per TL Black ---Body Hot Stamp SOURCEWELL on Both Sides List $55.85 (Existing) in (Not (Discount off List provided) 14% / $7.80) ---Lid Hot Stamp Base Cart $48.05 Insert - Read from + Body Color Street (Existing) in (279) Brownstone (Not provided) - Granite fee ---Wheels - 10in waived Sunburst + Body HSBS ---Customer Serial S1916 Fort Worth Number Hot $0.50 ($0.25ea) Stamped on Front of + Lid Hot Stamp Cart Body in White S4284 Garbage ---1/3 Assembled Only $0.25 with Stop Bar and + Lid Insert B0079 Axle Factory Place At Curb Installed $0.25 ---Warranty — 12 Yrs Sales Price Cart Body, All other $49.05 components 10 Yrs ---Body Color -(279) Brownstone ---Lid Trash Carts Color - (200) Black 1/3 Assembled ---Body Hot Stamp 588 Per TL on Both Sides (Existing) in White SOURCEWELL ---Lid Hot Stamp List $64.29 Insert - Read from (Discount off List Street (Existing) in -10% / $6.46) (Not provided) Base Cart $57.83 ---Wheels - 10in + Body Color Sunburst (279) Brownstone ---Lid Insert - Read - Granite fee from Street waived (Existing) + Body HSBS ---Customer Serial S1916 Fort Worth Number Hot $0.50 ($0.25ea) Stamped on Front of + Lid Hot Stamp Cart Body in White S4284 Garbage ---1/3 Assembled Only $0.25 with Stop Bar and + Lid Insert B0079 Axle Factory Place At Curb Installed $0.25 ---Warranty — 12 Yrs Sales Price Cart Body, All other $58.83 components 10 Yrs 840.00 $49.05 $41,202.00 588.00 $58.83 $34,592.04 ---Body Color - 0 • Sourcewell. i Awarded Contract Contract # 041521 JOT Model 79232 - Toter 32 Gallon EVR II '`Plastics - 79232 Universal/Nestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 Recycle Carts 1/3 Assembled 1080 per TL SOURCEWELL List $46.02 (Discount off List 10.3% / $4.73) Base Cart $41.29 + Body Color (769) Navy Granite + Granite fee waived + Body HSBS S1918 Fort Worth Recycles $0.50 ($0.25ea) + Lid Insert B0079 Place At Curb $0.25 Sales Price $42.04 95 ---Lid Graphic (IML) Position - Center of Lid, Recycle IML - Plastics-Op-LHSP-3 Read from Street TBD Recycle Carts - 1/3 Assembled 840 per TL SOURCEWELL List $55.85 (Discount off List 14% / $7.80) Base Cart $48.05 + Body Color "`Plastics - 79264 Model 79264 -Toter 64 Gallon EVR II (769) Navy Universal/Nestable Cart Granite — Granite fee waived + Body HSBS S1918 Fort Worth $0.50 ($0.25ea) + Lid Insert B0079 Place At Curb $0.25 Sales Price $48.80 (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in White ---Lid Hot Stamp Insert - Read from Street (Existing) in White ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs 1,080.00 $42.04 $45,403.20 1,080.00 $1.95 $2,106.00 840.00 $48.80 $40,992.00 95 ---Lid Graphic (IML) Position - Center of Lid, Recycle IML - M805 Recycle 840.00 $1.95 $1,638.00 0 • Sourcewell. i Awarded Contract Contract # 041521 JOT Plastics-Op-LHSP-3 Read from Street Model 79296 - Toter 96 Gallon EVR II "Plastics - 79296 Universal/Nestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 Right (9.50 x 3.75) Recycle Cart 1/3 Assembled 588 Per TL SOURCEWELL List $64.29 (Discount off List -10% / $6.46) Base Cart $57.83 + Body Color (769) Navy Granite — Granite fee waived + Body HSBS S1916 Fort Worth $0.50 ($0.25ea) + Lid Insert B0079 Place At Curb $0.25 Sales Price $58.33 95 ---Lid Graphic (IML) Position - Center of Lid, Recycle IML - Plastics-Op-LHSP-3 Read from Street M805 Recycle Right (9.50 x 3.75) Model 79296 - Toter 96 Gallon EVR II 'Plastics - 79296 Universal/Nestable Cart Yard Carts 1/3 Assembly 588 per truckload Body/Lid color: 920 Kelly Green SOURCEWELL List $64.29 (Discount off List -10% / $6.46) Base Cart $57.83 + Body Color (920) Kelly Green — non-std fee waived + Lid Color (920) Kelly Green — non-std fee waived + Body HSBS S2131 Yard Cart $0.50 ($0.25ea) + Lid Hot Stamp ---Body Color - (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - Custom ---Lid Color - Custom ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) ---Wheels - 10in Sunburst ---Lid Insert - Read from Street (Existing) ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled 588.00 $58.33 $34,298.04 588.00 $1.95 $1,146.60 588.00 $58.83 $34,592.04 0 • Sourcewell. i Awarded Contract Contract # 041521 JOT Model CDC64 --Secure Document Cart - 64 Secure Document gallon / Barrel Lock --Dimensions: 32 1 x Cart-64 Gallon / 24.25 w x 44.5 h --Load Rating: 224 Barrel lock Ibs/101.6 kg --CU FT: 19.98 --Ship Wt: 38.5 Ibs Secure Document Model CDC96 --Secure Document Cart - 96 Cart-96 Gallon / gallon / Barrel Lock --Dimensions: 36 1 x Barrel lock 29.75 w x 46 h --Load Rating: 335 Ibs/152 kg --CU FT: 28.51 --Ship Wt: 47 Ibs Payment Terms Net 30 Days if credit has been established Shipping Terms FOB Origin Special Instructions 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 S4282 Yard with Stop Bar and Waste Only $0.25 Axle Factory + Lid Insert B0079 Installed Place At Curb ---Warranty — 12 Yrs $0.25 Cart Body, All other Sales Price components 10 Yrs $58.83 Secure Shred Caster Cart Fully Assembled List Price $432.21 (Discount off List - ---Body Color - 30%) (129) Graystone Base Cart ---Lid Color - (125) $302.55 Gray + Body Color ---Body Hot Stamp (129) Graystone on Both Sides (no charge) (Existing) in White + Lid Color (125) Gray (no charge) + Body HSBS $0.50 ($0.25ea) Sales Price $303.05 Secure Shred Caster Cart Fully Assembled List Price $521.76 (Discount off List - ---Body Color - 30%) (129) Graystone Base Cart ---Lid Color - (125) $365.24 Gray + Body Color ---Body Hot Stamp (129) Graystone on Both Sides (no charge) (Existing) in White + Lid Color (125) Gray (no charge) + Body HSBS $0.50 ($0.25ea) Sales Price $358.78 Subtotal $282,304.95 Shipping $10,045.00 Tax $24,118.87 Grand Total $316,468.82 1.00 $303.05 $303.05 1.00 $358.78 $358.78 Toter1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10273826 •NO Awarded Contract Contract # 041521-TOT Special Instructions Freight is $1,435 per truckload 32G 1080 carts per truckload = $1.33 per cart 64G 840 carts per truckload = $1.71 per cart 96G 588 carts per truckload = $2.44 per cart Price Adjustment Language per Sourcewell contract: 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, • along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the • effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. Additional Information Additional Terms Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order is an offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale ("WQ T&C") located at: httos://www.wasteaUiD.com/terms-conditions-of-sale, as of the date set forth in Section 1(b) of the WQ T&C, which are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copy upon request. Additional Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantities Information and timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations — actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Special Contract Sourcewell — Pricing and Products/Services offerings are based on the Sourcewell Co -Operative Contract with Toter, LLC Information (#041521, eff. 5/25/2021), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name: Toter1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WO-10273826 •NO Awarded Contract Contract # 041521-TOT Date: Purchase Order: Please Reference Quote Number on all Purchase Orders 0 • Sourcewell. i Awarded Contract Contract # 041521 -TOT Sell To: Contact Name Christian Harper Bill To Name City of Fort Worth Bill To 100 Throckmorton St Ste 700 Fort Worth, TX 76102-2837 USA Email christian.harper@fortworthtexas.gov Phone (817) 713-1703 Quote Information Salesperson Joslyn Gray Salesperson Email jinlavongsa(a)wastequip.com Salesperson Phone (704) 402-0980 Residential and Commercial Maintenance Contract Residential and Commercial Maintenance Contract Residential and Commercial Maintenance Contract Residential and Commercial Maintenance Contract 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10272015 Ship To Name Ship To City of Fort Worth 7801 W Cleburne Fort Worth, TX 76133 USA Created Date 5/16/2023 Expiration Date 7/31/2023 Quote Number WQ-10272015 Please Reference Quote Number on all Purchase Orders Residential and Commercial Scrap/Maintenance Fee Per Month Per Cart is Maintenance Contract Services *See actually $0.16532 (annual cost increase for ContainerPros Attachment for Details* this line item is $0.0055 per cart) Residential and Commercial Maintenance Contract Services *See ContainerPros Attachment for Details* Residential and Commercial Maintenance Contract Services *See ContainerPros Attachment for Details* Residential and Commercial Maintenance Contract Services *See ContainerPros Attachment for Details* Payment Terms Net 30 Days if credit has been established Shipping Terms FOB Origin Swap Fee Per Work Order Cleaning Fee Per Work Order Monthly Rent Paid to CFW Special Instructions Special Instructions The maintenance contract consists of the following: 1. Scrap/Maintenance Fee a. That is per cart owned by the City Subtotal $2,007.17 Tax $165.59 Grand Total $2,172.76 1.00 $0.17 $0.17 1.00 $5.00 $5.00 1.00 $2.00 $2.00 1.00 $2,000.00 $2,000.00 Toter® 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10272015 Sourcewell Awarded Contract Contract # 041521-TOT b. And is per month c. Example only: 500,000 carts X $0.17 = $85,000 2. Swap Fee per work order a. Each "swap" of carts per resident per cart is a $5.00 add on fee 3. Cleaning Fee a. Each cart brought back to the yard is cleaned to be put back into inventory for future use b. $2.00 per cart washed 4. Annual cost increase for repairs and Maintenance a. $0.0055 is added to number one item above on an annual basis. 5. Monthly Rent Paid to CFW a. We pay a monthly fee for rent of $2,000.00 to the City/department Additional Information Additional Terms Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order is an offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale ("WQ T&C") located at: httos://www.wasteauio.com/terms-conditions-of-sale. as of the date set forth in Section 1(b) of the WQ T&C, which are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copy upon request. Additional Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantities Information and timing. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations — actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Special Contract Sourcewell — Pricing and Products/Services offerings are based on the Sourcewell Co -Operative Contract with Toter, LLC Information (#041521, eff. 5/25/2021), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name: Date: Purchase Order: Please Reference Quote Number on all Purchase Orders DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 EXHIBIT B 041521-TOT SourcewellW. Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. C. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 10/2020 10 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less Rev. 10/2020 11 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 10/2020 12 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. iVWK91►VA1111111I_\Z[4L A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 10/2020 13 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 10/2020 14 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 10/2020 15 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 10/2020 16 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by: y sWof,,D06489 ECOFD2A139... Y• Jeremy Schwartz Title: Chief Procurement Officer Date: 5/24/2021 1 7:43 PM CDT Approved: EDocuSigned by,By:7E42BSF817A64CC... Chad Coauette Title: Executive Director/CEO 5/25/2021 1 10:47 AM CDT Date: Toter, LLC DocuSigned by: Y•(,tea P, lkul�l�a 834FF567BB0940B... Laura P. Hubbard Title: Director of Municipal Sales Date: 5/25/2021 1 10:46 AM CDT Rev. 10/2020 17 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 RFP 041521 - Plastic Refuse and Recycling Containers with Related Technology Solutions Vendor Details Company Name: Toter, LLC 841 Meacham Road Address: Statesville, North Carolina 28677 Contact: Kellie Clark Email: toterbids@toter.com Phone: 800-424-0422 09584 Fax: 833-930-1124 HST#: 56-1362422 Submission Details Created On: Thursday February 25, 2021 07:42:29 Submitted On: Thursday April 15, 2021 13:38:28 Submitted By: Kellie Clark Email: toterbids@toter.com Transaction #: el8be8d7-Oc74-4464-b735-48eb35840831 Submitter's IP Address: 173.92.230.77 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Item Question Response* 1 Proposer Legal Name (and Toter, LLC applicable d/b/a, if any): 2 Proposer Address: 841 Meacham Road, Statesville, North Carolina 28677 3 Proposer website address: www.toter.com 4 Proposer's Authorized Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina Representative (name, title, 28677, Ihubbard@wastequip.com, 704-682-3398 address, email address & phone) (The representative must have authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina proposal (name, title, address, 28677, Ihubbard@wastequip.com, 704-682-3398 email address & phone): 6 Proposer's other contacts for this Kellie K. Clark, Sr. Manager of Bids and Contracts, 841 Meacham Road, Statesville, North proposal, if any (name, title, Carolina 28677, kclark@toter.com, 800-424-0422 Ext 09584, or 704-768-2584. address, email address & phone): Table 2: Company Information and Financial Strength mLi Ite7 Question Response* Provide a brief history of your company, Toter has been in continuous operation since 1962, originally as a subsidiary of including your company's core values, Rubbermaid Incorporated. Our headquarters is in North Carolina. The company business philosophy, and industry longevity was organized as a private corporation in 1983 as Applied Products, Inc., changed related to the requested equipment, products the name to Toter Incorporated in 1988. In 2007, Toter was acquired by Wastequip or services. and became its largest acquisition at the time. Wastequip is the leading North American manufacturer of waste handling and recycling equipment focused on manufacturing expertise and product innovation. Toter and other Wastequip divisions position our parent company to offer a full line of products, systems and solutions to collect and transport just about any type of waste and recyclables. Toter products have been included in Wastequip's Sourcewell contracts since 2014. Toter introduced an automated cart system for curbside garbage collection in the 1960s, earning us our well -deserved reputation as the go -to cart brand for the collection of waste, recycling, and organics. We focus on developing products that combine practical convenience, extreme durability and long-term value through proven industry leading performance and warranty. Today we serve waste haulers and municipalities as well as commercial, industrial and institutional customers through regional manufacturing/distribution facilities located in Statesville, NC; Acuna, Mexico; and Del Rio, TX. It is important to note that we are dedicated to the waste industry, not manufacturing for any other industry. Our company's core values include: - We always act with safety, honesty and integrity. - We serve customers to total satisfaction by delivering value oriented, market leading products and services. We act quickly but thoughtfully. We identify and improve the things that matter most. We provide challenging opportunities with clear expectations. We embrace change. We make commitments and keep them, earn trust and create respect. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 What are your company's expectations in the event of an award? Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Toter anticipates a seamless transition from the current Wastequip contract to a Toter plastic refuse and recycling containers contract. Our sales force, dealers and distributors are ready to sell and provide solutions to our customers' needs. We already have tools and staffing in place to promote the Sourcewell contract in the marketplace among existing and potential customers to showcase our products and services as total solutions using this contract. Toter would continue and increase promotion in this way throughout the contract term. Toter will involve and improve our dealer and distributor networks' understanding of how Sourcewell satisfies the bidding/proposal processes of customers, and allows the customer to obtain product they want and deserve, which also gains for Toter a competitive advantage. We intend to continue revenue growth by continuing to gain market share. Toter, LLC is wholly -owned subsidiary of Wastequip, LLC. As a privately held company, our financial statements are not made public and we do not require audits of our divisions. Our unaudited financial statements for Toter, LLC for the year ended December 31, 2020 are attached. Our trade references and banking information is also attached in unredacted format for Sourcewell's eyes only, and a redacted format for maintenance of confidentiality with entities requesting copies of our information provided in this RFP response. 10 What is your US market share for the While Toter's exact market share information is company confidential and critical to solutions that you are proposing? our strategy for success, we can share more about our market position. Based on our internal estimates, we determined that Toter Residential consistently enjoys a top 3 position in the US market. Toter ProProducts maintains a top 5 position in the US market. 11 What is your Canadian market share for the While Toter's exact market share information is company confidential and critical to solutions that you are proposing? our strategy for success, we can share more about our market position. Even though the Canadian market is not tracked as thoroughly as the US market, we believe Toter Residential also holds a top 3 position in the Canadian market. We would like to continue to grow our Canadian market share by continuing to try and convince Canadian municipalities to utilize our contract with the help of groups like RMA. 12 Has your business ever petitioned for No. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years. Toter, LLC Is a manufacturer and service provider, with a network of distributors and dealers and best fall within item "b". The majority of Toter Residential sales are made directly by 10 Regional Sales Managers (RSM) and supported by 2 Division Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. We also rely on well established dealers in certain states who aid in developing new business and provide additional support services to Toter across the US and Canada. Our RSMs, dealer network and service providers are fully supported by a team of Customer Satisfaction Specialists, specialists at the Wastequip Call Center, as well as a dedicated Bid/Contracts staff and a specific Warranty Team. All dealers and service providers are independent third party contractors and employ their own teams consisting of sales, service and warranty staff. Toter Pro Products are represented by third party sales agents and dealers. Toter has applicable licenses to operate in the State of North Carolina, the state of our headquarters. We obtain licenses in municipalities and localities in which we are required by contracts to register and obtain licenses as required. We operate facilities that are OSHA compliant, our roll carts for residential use meet or exceed the American National Standards Institute (ANSI) Standards to ensure consistent quality and safety: ANSI Z245.30-2008 - Waste Containers - Safety Requirements and Z245.60-2008 Waste Containers - Compatibility Dimensions. Our roll carts have been independently certified with Wind Tunnel Testing of empty Toter carts by nationally recognized schools of aeronautical engineering and well as the Interagency Grizzly Bear Committee (IGBC) approval of Toter Bear Carts. None. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 3: Industry Recognition & Marketplace Success Item Question Response* 16 Describe any relevant industry awards or As the parent company of Toter, Wastequip has received several recognitions: recognition that your company has received - In 2019, Wastequip was recognized by Charlotte Magazine as the Best Company in the past five years to Work For - In 2017, Wastequip was recognized by the Charlotte Business Journal as the Middle Market Leader of the Year - In 2016, Charles Walton, founder of Wastequip, was named to the National Waste & Recycling Association's Hall of Fame. The Award is presented annually to select industry visionaries and icons that have created an enduring legacy through their inspirational leadership, core values and significant contributions. - In 2014, Wastequip was recognized by the North Carolina Chamber for the Honorable Mention for the North Carolina Manufacturer of the Year (more than 5 years old) Toter recognition: - In 2020, Toter was named by Plastics News as the second highest rotational molder in North America, as ranked by Plastics News. Toter continues to be rated the highest ranked rotational molder of plastic waste containers in North America (many years running) from this publication. Executive Team Awards: - Waste 360 awarded Toter's Chance Hennig, Southwest Regional Sales Manager, to the 2021 class of "40 under 40" awards. Wastequip's Kristin Kinder (Vice President of Research and Waste Stream Sustainability) and Henry Retamal (President of Operations over Toter and other Wastequip divisions) were awarded the same in 2019. The program recognizes inspiring and innovative professionals under the age of 40 whose work in waste, recycling and organics has made a significant contribution to the waste and recycling industry. - In 2020, Nick Wiseman, Wastequip's CHRO, was recognized by the HRO Today Association as a 2020 Finalist for the Engagement Strategy Excellence Awards for the North America Region. - In 2018, Steve Klueg, Wastequip's CFO, was recognized by the Charlotte Business Journal as CFO of the Year. - In 2018, Rich Sedory, Wastequip's General Council, was recognized by the Charlotte Business Journal as Outstanding General Counsel of the Year. 17 What percentage of your sales are to the Toter's sales to the governmental sector from 2018-2020 was 31%. governmental sector in the past three years 18 What percentage of your sales are to the Toter's sales to the governmental sector from 2018-2020 was 0.3% education sector in the past three years 19 List any state, provincial, or cooperative Our annual sales volumes on the aggregate for state or cooperative purchasing purchasing contracts that you hold. What is contracts over the past three years is $28,180,661 in 2018, $37,439,412 in 2019, the annual sales volume for each of these and $32,849,179 in 2020 (restrictions under the respective cooperative purchasing contracts over the past three years? agreements prevent our ability to specifically identify annual sales volumes for each such contract). 20 List any GSA contracts or Standing Offers None. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * City of Memphis, TN City of Sheboygan, WI City of Chattanooga, TN Contact Name Phillip Davis Jason Blasiola Roshonda Woods Phone Number* (901) 417-4027 (920) 459-3447 (423) 643-6837 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type Municipality Government Municipality Government Municipality Government Municipality Government Municipality Government State / Province Texas - TX Texas - TX Texas - TX California - CA Texas - TX Scope of Work * 96 Gallon, 64 Gallon , and 24 Gallon Carts fo Garbage, Recycling an Size of Transactions * d 96 Gallon, 64 Gallon and 32 Gallon Carts for Garbage, Recycling and Yard Waste with Full Maintenance Services 96 Gallon, 64 Gallon and 48 Gallon Carts for Garbage, Recycling and Organics 96 Gallon Carts for Garbage and Recycling with A&D Services 96 Gallon, 64 Gallon and 48 Gallon Carts for Garbage and Recycling Table 6: Ability to Sell and Deliver Service Average size of Transactions = $172,000 Average size of Transactions = $139,000 Average size of Transactions = $249,000 Average size of Transactions = $388,000 Dollar Volume Past Three Years * $9,447,000 $6,369,000 $6,255,000 $5,733,000 4,269,000 Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Item Question Response* 23 Sales force. The majority of Toter Residential sales are made directly by 10 Regional Sales Managers (RSM) and supported by 2 Division Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. Our Regional Sales Managers are based in key locations throughout the US and will be responsible for field support of all current and potential Sourcewell members. These industry experts perform all actions necessary to produce a superior level of sales, including, but not limited to: making sales calls necessary to cover territory, assisting with test programs and warranty administration, and all other field service support. Toter Pro has 4 direct national sales managers that work closely with distributors across the US. Our sales team, dealer and distributor networks and service providers are fully supported by a team of Customer Satisfaction Specialists, specialists at the Wastequip Call Center, as well as a dedicated Bid/Contracts staff and a specific Warranty Team. 24 Dealer network or other distribution Toter Residential has well established dealers in certain states who aid in developing methods. new business and provide additional support services to Toter across the US and Canada. Toter Pro has a network of approximately 5 independent dealers and approximately 100 national distributors. Our dealer network and service providers are fully supported by our sales, service and warranty teams. 25 Service force. We have a Service Division called ContainerPros that provides services to our customers throughout the United States. ContainerPros provides services to plastic and steel containers, carts and bins. ContainerPros employs a number of individuals at multiple levels to manage and operate the services requested. These individuals range from Directors, Project Managers, Project Coordinators, Project Supervisors, Leads, etc. ContainerPros also utilizes multiple third -party vendors to assist in projects across the US and Canada. There is no project too Large or too Small! Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 26 Describe in detail the process and Toter prides itself on superior customer service and has significant experience procedure of your customer service servicing both large and small municipal and privately -owned accounts, multi -location program, if applicable. Include your organizations like The Home Depot, Lowes, Walmart, True Value, Ace, Do -It Best, response -time capabilities and Amazon, Wayfair, Meijer, and other retail entities. Our extensive customer base commitments, as well as any incentives demands rigorous, just -in -time delivery performance and responsive customer service. that help your providers meet your stated We believe, simply stated, that our commitment to preventing issues is the service goals or promises. key to satisfied customers. We want all customers to have a great experience with our products — from their first contact with us all the way through product delivery and warranty service. As such, we have adopted the following customer service credo: COMMITMENT - - We will treat all customers with respect (regardless of size) - We will follow up with you upon receipt of your order to ensure satisfaction We will resolve any issues quickly SUPPORT - We will provide a dedicated Customer Service Satisfaction (CSS) specialist for each participating member (plus each CSS backs others' territories to ensure seamless service) - We will respond quickly on quotes (same -day response in most cases) - We will provide an order confirmation (within 24-48 hours) - We will call you with shipping & delivery information and provide early notification should there be any issues with your order Each Member will be assigned a dedicated Customer Satisfaction Specialist (CSS). All CSSs are cross -trained on this contract and they will be available for back-up and high -volume situations. The CSS team is managed by Toter's Customer Service Supervisor, on -site with CSSs at Toter headquarters and available to help in any situation. CSSs handle customer needs prior to, during, and after orders are placed with our company. Routine services include assisting with customer choices, quoting, entering orders, obtaining customer approvals on custom markings and features, constant order tracking with production and traffic departments, handling intricate detail on large and small orders/projects and situations such as drop shipments and timing of shipments, and problem solving when order issues arise and when technical feedback is obtained. The Warranty period begins at the date of original purchase. Toter's Warranty Manager processes Warranty Claims and issues to provide accurate and expedited service to all customers. In the field are Toter's Regional Sales Managers who are industry experts ready to assist with municipal contract issues, unique product applications, and all other field service issues. They may also be responsible for reporting contract updates, as well as forecasting large projects, coordinating non -core program items, and general contract facilitation. Other RSMs will be available for back-up in emergency situations. Toter's executive level will ensure that long term strategic partner issues such as ongoing cost reductions and new product innovations are pursued aggressively. 27 Describe your ability and willingness to Toter has enjoyed the benefits of offering the Sourcewell contract to our customers provide your products and services to over the last 7 years and are excited about the opportunity to continue our Sourcewell participating entities in the relationship with Sourcewell and growing sales off this contract over the next 5 United States. years. All resources are in place for a seamless transition and our sales team is very familiar with the contract and ready to promote a new contract to existing and new agencies across the US. If awarded, we would notify existing customers immediately so they can seamlessly transition from purchasing off our current contract to our new contract. 28 Describe your ability and willingness to Toter has been fortunate to have our current Sourcewell contract adopted by RMA provide your products and services to and has worked with them and other Canadian agencies on several opportunities. Sourcewell participating entities in Canada. We hope to continue that momentum with a new Sourcewell contract and work to expand our sales across Canada. 29 Identify any geographic areas of the United None. States or Canada that you will NOT be fully serving through the proposed contract. 30 Identify any Sourcewell participating entity None. sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 31 Define any specific contract requirements Toter serves all these areas, with all of our products. We find that the difference in or restrictions that would apply to our our service involves Ocean Freight, different sized sea containers (different container participating entities in Hawaii and Alaska quantities than over -the -road semi truck loads), and varying schedules for shipments. and in US Territories. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather -related issues. We find that these customers are more than aware of these issues surrounding their shipments, and they are most accepting of these differences for shipments. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 7: Marketing Plan Item Question Response* 32 Describe your marketing strategy for Within selected media channels, Toter may announce its continuing partnership with promoting this contract opportunity. Sourcewell via a press release or other content delivery form. This will be directed at Upload representative samples of your those market categories with whom this message and value will resonate. marketing materials (if applicable) in Toter may advertise via digital and print platforms, including social media outlets, the document upload section of your with paid and organic creative. The target audience will include Government buyers in response. such segments as Public Works and Municipalities, and in such publications as American City and County and/or Government Product News. Our association and partnership with Sourcewell will be prominently displayed at appropriate trade show events. Wastequip participates in a variety of major/national trade shows, as well as having a presence in numerous regional shows and events. We will promote the partnership by incorporating the Sourcewell logo on various show assets (such as banner stands) and literature as appropriate. The Toter Bids and Contracts Department will continue to be a primary conveyor of our partnership with Sourcewell, and include the appropriate logo and data in quoting and outreach as deemed necessary. This will extend the reach of Sourcewell into markets that they currently may not serve and bring awareness to those markets. Wastequip has numerous web properties that promote our value to the markets we serve, and we will include Sourcewell information and possibly a link back to Sourcewell (depending on link feasibility) on our web properties. 33 Describe your use of technology and FACEBOOK: Toter utilizes both paid and organic posts to promote partnerships, product digital data (e.g., social media, releases, service offerings, and our dedication to creating and maintaining a sustainable metadata usage) to enhance environment. We are able to hone our message and be exacting in who we reach, and marketing effectiveness. our Facebook property allows for interaction with both customers (such as municipalities) and the general consumer. We are able to capture these visits to our page and understand if our messaging is resonating, and then adjust accordingly (if necessary). LINKEDIN: This platform allows Toter to reach specific job titles and companies that have an interest in our product, and also allows us to open the door to new market opportunities and reaching new segments for penetration. WASTEQUIP WEBSITE PROPERTIES: Within our websites, we provide the value we offer to the market and answer the question of "Why choose Wastequip?" Our sites are segment focused, with a sub focus on product. We are able to capture data on visitors and gain a better understanding of what the market desires and what is important to them when selecting a supplier of products and services. BANNER ADS: Toter tracks site visitors and conversions from keywords and banner ads as seen in publications of interest. Email inquiries are tracked through the sales cycle in SalesForce by lead source. Toter uses Google Analytics, Pardot tracking, SalesForce reporting, and pay per click data to enhance the effectiveness of our marketing campaigns. WASTEQUIP YOUTUBE CHANNEL: Allows interested users (customers, consumers) to actually view a variety of Toter products in use. This helps enhance reputation in the market, and broadens our message as being a provider of sustainable, durable, and effective products. TWITTER: Toter uses Twitter to share more news oriented content or retweet relevant waste industry news content. 34 In your view, what is Sourcewell's role By sharing the above listed responsibilities, Toter's aim is to strengthen the relationship in promoting contracts arising out of between our Regional Sales Managers with Sourcewell's professional staff. We also look this RFP? How will you integrate a forward to more proactive marketing of this contract through our Wastequip Marketing Sourcewell-awarded contract into your team using electronic media, email blitzes, product shows and promotional meetings. We sales process? feel we have the base information and knowledge to provide solutions to our customers through Sourcewell, and we expect the contract change to be seamless, where we can build on our existing efforts for meaningful and impactful efforts to raise awareness of the contract. 35 Are your products or services Due to the special requirements and customizations of Toter products, Toter does not have available through an e-procurement an e-procurement ordering platform. We accept purchase orders via Toter dedicated ordering process? If so, describe your email address, toterpo@wastequip.com, via mail and facsimile. We have worked with e-procurement system and how customers to utilize Ariba to generate purchase orders from draft carts that Toter has governmental and educational entered into Ariba Supplier Solutions. We also provide invoices via Ariba. Toter can customers have used it. enter order updates (delivery information) in a few customers' e-procurement systems, as well as invoices into municipal systems. Therefore, we have the ability to work with our customers to accomplish what is needed when practicable. Table 8: Value -Added Attributes Line Item Question Response* Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 36 Describe any product, equipment, Toter offers plant tours for our customers upon request, and our staff is on hand for trouble - maintenance, or operator training shooting issues with containers or services. programs that you offer to In the field, we offer assembly instructions at the end of each project for containers Sourcewell participating entities. being serviced. This instruction usually takes 30 minutes or less due to the excellent design Include details, such as whether of the products provided, at no charge to the customer. training is standard or optional, Toter offers Wastequip's technology solutions. Customers who subscribe for a who provides training, and any technology offering will receive a standardized user online training. This user training will be costs that apply. performed by Wastequip's product specialists for technology solutions and addresses the major functionalities of the software and hardware solutions, which are intended to be utilized by the customer. Additional training programs are available with pricing on request. Pricing depends on scope and length of the requested training(s). After the training, standardized user guidelines will be available at no charge. 37 Describe any technological advances that your proposed products or services offer. For Toter's Professional Members: Toter Pro national and local sales representatives can provide training and selling support when needed. Plant tours are available for customers upon request, and our staff is on hand for trouble -shooting issues with containers or services. All technology solutions are based on modern technical and technological infrastructures to ensure a sustainable and future oriented solution landscape. These infrastructures are also laid out to be highly available and data security has been implemented in depth. Compared to other solutions and offerings in the industry, there are no system or server requirements on the member side, as long as a modern browser is used to access the software solutions. All technology solutions are developed to be as user friendly as possible and the implementation process is streamlined to the maximum. We offer these technology solutions to increase revenue and gain market share, reduce costs, provide greater stewardship of staff time/efforts resources, and improve customer experiences overall. Organics collection stresses carts because the density of food waste (6.25 pounds/gallon) is much higher than that of municipal solid waste (garbage) and recyclables (max of 3.5 pounds/gallon). Sourcewell member agencies needing to collect residential and commercial food waste should not face the decision of deploying small, two wheel carts that do not have sufficient load rating for the application. In order to provide member agencies with safe food waste carts, Toter offers a unique line of 21, 32 and 48 gallon automated Organics carts that are load rated and independently certified to regularly receive and dump food waste at a density of 6.25 pounds/gallon. In addition, we offer the 2 Gallon bin for collection of food waste in the resident's kitchen and a 13 gallon manual bin for curbside collection. Toter also offers 2 and 3 Cubic Yard FELs with higher load ratings to handle heavy food waste. Only Toter offers a fully automated lid latch, DuraLatch, that latches automatically when the lid is dropped, opens with one finger, and opens automatically when the cart is dumped by the truck. DuraLatch meets the long requested industry demand for the return to a latching cart but without interfering with fully automated collection. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 38 Describe any "green" initiatives Our parent company, Wastequip, is focused on building a bright future for our employees, that relate to your company or to our communities, and our environment. And our CORE program — reflecting our COrporate your products or services, and REsponsibility commitment to sustainability, diversity and philanthropy — exhibits our include a list of the certifying dedication to: agency for each. Helping define the future of the waste industry with progressive thinking and leadership • Developing products with consideration for the environmental impact to future generations • Employing a diverse workforce, providing development opportunities and valuing diverse perspectives • Continuing to demonstrate social consciousness so our team members and customers are proud to work for or do business with Wastequip and Toter. As part of the CORE program, Toter is committed to creating more sustainable products, processes and facilities, without sacrificing legendary Toter quality. Future generations are counting on us to create better products, and to do so more responsibly. In 2020, we commissioned a survey of more than 100 municipalities and waste haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon footprint and help us set the most impacfful goals to reduce our carbon footprint. This survey confirmed that Municipalities and waste haulers consider Toter carts to be the most sustainable on the market today, and the LCA study reaffirmed the importance of durability and recycled content: • Toter consistently delivers on durability with customers reporting service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. • Further, Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts. • Currently, Toter carts can use up to 50% recycled content — and we are striving to reduce the virgin resin we manufacture with, while ensuring a durable cart that meets strict quality standards for sun exposure, weight limits, extreme temperature changes, and impacts from servicing. We also look for efficiencies in sourcing our materials and have switched primarily to receiving resin via rail car, optimizing fuel -efficiency and reducing the number of trucks on the road. More information is available at Toter.com/about-us/sustainability. 39 Identify any third -party issued eco- In 2020, we commissioned a survey of more than 100 municipalities and waste haulers and labels, ratings or certifications that a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon your company has received for footprint and help us set the most impactful goals to reduce our carbon footprint. the equipment or products This survey confirmed that municipalities and waste haulers consider Toter carts to included in your Proposal related be the most sustainable on the market today, and the LCA study reaffirmed the importance to energy efficiency or of durability and recycled content: conservation, life -cycle design • Toter consistently delivers on durability with customers reporting service (cradle -to -cradle), or other life much longer than the 9 years of average service life of competitor carts owned by green/sustainability factors. surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. • Further, Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts. • Currently, Toter carts can use up to 50% recycled content — and we are striving to reduce the virgin resin we manufacture with, while ensuring a durable cart that meets strict quality standards for sun exposure, weight limits, extreme temperature changes, and impacts from servicing. More information is available at Toter.com/about-us/sustainability. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 40 Describe any Women or Minority Toter and Wastequip are not certified as any type of disadvantaged business. We do Business Entity (WMBE), Small foster diversity and our previously stated values set a common standard for all employees Business Entity (SBE), or veteran with equal opportunity for employment, training, performance evaluations and performance owned business certifications that rewards and advancements. your company or hub partners Toter is adept at meeting customer needs by attributing to goals that may be set have obtained. Upload by our customers for subcontracting with certified Women or Minority Business Entities documentation of certification (as (WMBE), Small Business Entities (SBE) or veteran owned business entities (VBE). For applicable) in the document example, Toter has served the City of Memphis, TN in recent years to provide carts and upload section of your response. cart assembly and distribution services, under Wastequip's Sourcewell Contracts. When a municipality has such goals to be met for projects and orders, we are committed to utilizing disadvantaged businesses whenever possible through Good Faith Efforts. We set out to break down a given scope of work into tasks/service segments and then identify possible use of disadvantaged businesses (usually certified by the municipality or required area or entities) as subcontractors on a case by case basis. Toter has made a concerted attempt to meet customer requested/required levels of participation. We believe it is our responsibility as a well -established company, to help to grow and strengthen smaller, disadvantaged businesses. An example of our commitment to furthering the health and well-being of disadvantaged businesses is when our logistics team routinely uses certified (and uncertified) disadvantaged/small trucking companies which meet Toter logistics standards, to transport goods all over the US and Canada. In another example, Toter also uses a certified Women Owned Business to obtain office supplies for routine business operations. 41 What unique attributes does your Toter maintains our focus on solutions within the waste industry, and we do not manufacture company, your products, or your for any other industry. We also have long-term experience with Sourcewell under services offer to Sourcewell Wastequip's Sourcewell Contracts. We have already established routine Sourcewell participating entities? What makes customers. We have mastered the ability to win deals with Sourcewell offerings, and we your proposed solutions unique in have proven the ability to have successful sales off a Sourcewell contract. Our Internal and your industry as it applies to field sales, customer service, and all departments of Toter (as well as all divisions of Sourcewell participating entities? Wastequip) are well familiar with, devoted to, and appreciative of Sourcewell Contracts. We are ready to further the action of satisfying all -consuming bid/proposal processes of individual customers to allow both the customer and Toter to focus on solutions for each customer, simultaneously conserving time, energy and resources through Sourcewell's already -proposed and awarded full RFP process. We believe we have experienced fewer bids through recent years as a result of our efforts at utilizing Sourcewell to help customers to obtain the product and service that they deserve through a piggyback. And with the proper tools, knowledge base, commitment and drive already in place to build upon, we look forward to our customers getting more of what they want through Sourcewell and Toter, as a "Win -Win" for all concerned. Toter introduced the automated curbside cart system in North America during the late 1960's, and Toter is the largest rotational molder in North America (as rated by Plastics News). Toter is the leading supplier of wheeled, rollout carts (21-96 gallons) used for curbside automated waste, recycling, organics/yard waste by cities and government entities, as well as private waste haulers. We offer Organics Carts with a higher load rating (6.25 Ibs per gallon versus the required ANSI Standard load ratings for carts at 3.5 Ibs per gallon). And our Bear Tough Carts have a double -walled lid and steel -reinforced rim to withstand repeated clawing and chewing, tested to withstand the wiles and vast strength of bears. We tell the toughest bears to grin and bear it! Toter is the "go to" for private haulers and recyclers to build cart fleets for collection services. We work with Recology, Casella, EDCO, Waste Pro, Santek, CR&R and hauling/recycling companies varying in size; with resources readily in place for production, assembly, distribution to residents, cart maintenance and retired carts recycling services. We specialize in on -time detailed projects to set out carts to residential and commercial properties to meet municipal collection start/set dates and deadlines. Our containers for industrial, commercial and institutional customers complete the circle of solutions in the marketplace. Toter also supplies containers in the Retail Market to Lowes Home Improvement Centers, The Home Depot, True Value, Ace Hardware, Do -It -Best Hardware, Wal-Mart, Amazon, Wayfair, Meijer Stores, and other retailers. Retail customers and individual buyers both find our retail products to out -last and out -task other products offered in stores. ADVANCED ROTATIONAL MOLDINGTM — In 1994, Toter introduced its patented Advanced Rotational Molding TM process which has revolutionized both the rotational molding and waste industry. With this new state-of-the-art manufacturing process, Toter molds intricate designs heretofore impossible for conventional rotomolders. Toter's "zero stress" molding technology offer important higher strength to weight ratios and durability advantages over "high stress' processes such as injection molding. Toter carts are different from others in the industry. During our molding process, molds are filled with a pre -measured amount of plastic micro -pellets, then moved into an oven to melt the plastic material while the machine rotates. This rotation in heat causes the plastic to coat the inside of the mold. This method does not require high-pressure hydraulic equipment to fill the mold, so no stress is introduced during the molding cycle (unlike stress created by injection molding). The mold is transferred to a cooling chamber to cure, where a microprocessor controls the cooling cycle to optimize impact strength and performance of the final product. After slowly cooling with air and water, the cart is removed from the mold to be trimmed, imprinted and assembled. Important products such as kayaks and bridge barriers are rotationally molded because both products must withstand impact, just like carts must bounce back when Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 serviced by an automated arm, and especially in cold temperatures. Customers in extreme environments have proved that advantage. Many of our customers have tried injection molded carts and switched (or switched back) to our rotationally molded product due to the lowest lifecycle cost of our carts. Our molding process and material afford a 15-20+ year cart life expectancy, which in turn allows Toter to back our carts with a 12 year cart body warranty and 10 years on all other components. UNIQUE 12-YEAR CART BODY WARRANTY AND LO ST COST OF O ERSHIP — Our roll cart warranty EXCEEDS INDUSTRY WARRANTY TERMS with cart bodies covered by a unique and unprecedented 12 year non -prorated warranty (all other cart components have a 10 year non -prorated warranty) since early 2016. Because we Rotationally Mold our carts rather than injection molding them as others do, we have a proven life expectancy of 15 to 20+ years. Our 12 year body warranty avoids the premature replacement of the body, which is the part of the cart that the cart lifting device engages. This warranty is "putting our money where our mouth is." We believe our customers will see a reduction in replacement cost of about $7 to $9 per cart over the first 12 years of service. As a result, all our roll cart customers obtain a currently unmatched warranty in the roll cart industry! In addition to the above roll cart warranty, our Front Load Containers carry a 3 year container warranty (90 days for casters and non -plastic components). Toter's warranty claim process for all products is available upon request. Toter carts offer the City the lowest total cost of ownership. Toter carts are more durable and last significantly longer than competitors' carts. The City already has an inventory of parts and is familiar with the cart repairs and high performance. All of these advantages point to a product that will be environmentally friendly and highly sustainable in maintenance and lasting service. INNOVATION - NOT JUST A PLASTIC CONTAINER — We continue to be the first and only manufacturer to design roll carts that are truly nestable/stackable when fully assembled and "Ready to Roll". Our customers realize savings in storage/inventory costs and experience savings in reduced number of replacement trips. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 6-8 carts high as they require fewer square feet. Toter carts can be delivered 3x more quickly than other brands by eliminating trips with more carts per load. Cities and haulers save between $2-3 per cart in fuel, truck usage and labor expenses due to Toter's nestability feature. Injection molders often claim this feature, but offer wheels that pivot/slide, or even still need wheels attached. Toter is the first container manufacturer to have introduced a new color option for the industry — Granite color bodies. This upscale look allows municipalities and haulers to provide a low cost, premium finish to highlight new automated container programs. Our 48 gallon size is often chosen for garbage, recycling or organics. A 64 gallon cart is 2/3 the volume of a 96 gallon cart, and many small quantity waste generators are stuck with 64 gallon carts that are still too big to meet their needs. The 48 gallon "half cart" matches the lower waste/recycling output of these customers. Lower handles (4.25" to 5" lower than our 64 gallon cart) makes tilting significantly easier for all users, including small and elderly residents, increasing user safety and reducing requests for exemption from rolling out carts to the curb. Our roll carts feature a patented "Rugged Rim®" — with an upper rim engineered as a closed tubular design, similar to square steel tubing, for maximum strength during collection. The rim serves as a ledge on which the lid rests to create a tight seal between body and lid, and it strengthens the upper lift point and all sides of the cart body. The lid and rim together create a tight seal to keep odors in, not attracting vermin. Toter carts and containers are an environmentally sustainable investment. Although our carts are the "World's Toughest CartsTM", and our carts last for 15-20+ years in active service life, Toter carts are 100% recyclable, supporting the recycling of retired carts for municipalities and sustainably closing the loop between new carts and retired carts with the recycling of retired carts, then molding back into new carts. As a leader in the environmental industry, we constantly strive to do our part in being both a good corporate citizen and a leader in new technology to improve our world. Fewer cart failures means fewer carts replaced to maintain a perpetual cart system, reduced vehicle traffic for service, and fewer pounds of raw materials (plastic and steel) consumed. We are also proud to offer more carts from the factory per truckload than most competitors (often with a higher level of assembly from the factory). This will reduce the amount of deliveries needed to fulfill your orders. In short, a more sustainable program results, yielding a reduced impact on our environment. In addition to our proven long service life and very low repair rate, key parts on Toter carts are interchangeable among our various cart sizes: sunburst wheels, stop bars, and lid hardware. This simplifies maintenance and reduces parts inventory/costs. We recognize the City's commitment to providing carts, parts, and services that will support the best cart for its citizens. Toter provides total cart fleet maintenance services, and Toter is currently servicing the City of Fort Worth, TX with a maintenance program for its entire cart fleet. Maintenance service options available include, but are not limited to: repairs, cart washing, swapping one cart size for another, management of cart inventory, and recycling of unusable carts or components, with response time from 2 to 5 business days. Besides roll carts, Toter has a complete line of 1, 2, 3 and 4 cubic yard plastic front load containers. Each container features: steel rod reinforcement, ribbed bottom wear chimes, double -walled lift pockets, integrated bumpers, and more. These features afford Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 customers with enhanced durability, maximum pocket strength, protection for longer life, and maximum space for custom signage. Our stackable design provides better truckload/shipment and storage efficiency and are even stackable/nestable when the container is fully assembled and ready for use! PROFESSIONAL PRODUCTS - Toter manufactures an entire line of Professional Products — commercial, industrial and specialized superior containers. Product offerings include Two -Wheeled and Caster Carts, Organics, Medical Waste and Secure Document Management Carts with standard single -wall or rotationally molded double -wall lids for sealing off medical waste and organics (wet) materials, and for securing confidential documents. These containers may be towable for additional efficiency and safety in moving waste. Toter offers Atlas commercial -grade, large -capacity, Rugged Rim® cans with a detachable lid and are fitted for dollies to roll and move materials smoothly. Slimline Containers and Litter Containers provide effective, sustainable waste collection for industrial, commercial and institutional inside and outside applications — and are available in a wide range of styles for varied environments. Cube Trucks, Tilt Trucks, and Mobile Trucks are perfect or moving large, heavy materials and waste to its final destination for use or disposal. Many containers in this line are also towable for efficient and safe movement to final disposal areas. You will find these various products in hospitals, colleges/universities, research facilities, manufacturing industries, store environments, offices, public streets, malls, sports arenas, convention centers, gas stations and convenience stores, and practically anywhere you may venture! Our Professional Products also include a comprehensive collection of commercial/industrial mobile and stationary lift units, to also include truck mounted lifters which are popular among haulers for municipal roll -cart collection. All are designed for safety (meeting all applicable ANSI Standards for safety and dimensions), and the lifters simply make work safer and easier. In short, our containers and accessories are always extremely flexible and impact - resistant, and easily handle the day-to-day abuse of waste collection. We promise that every cart, every can, and every product will be built for extreme toughness, extreme wear, and extreme purpose. They stand up to just about anything that's tossed in them — or at them! Choosing Toter means you will secure a partner you can depend on, now and in the future. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and Yes, certain product warranties cover products and parts, but not labor for labor? container repairs provided by Toter. 43 Do your warranties impose usage restrictions or Please see attached Toter warranties for full details and terms. Our other limitations that adversely affect coverage? warranties do not apply to any container which has been subjected to misuse, misapplication, negligence, alternation or accident. 44 Do your warranties cover the expense of Toter only replaces the warrantied item or component/part as a part for part technicians' travel time and mileage to perform replacement (replace failed wheel with a wheel, failed lid with a lid, failed warranty repairs? body with a body, etc.). Standard container warranties in the cart/container industry do not include repairs of containers, but only provide the parts for customers to make repairs. Toter does, however, offer a Full Service Cart Maintenance Program that is included in our products and service offerings section of this proposal. 45 Are there any geographic regions of the United Toter only replaces the warrantied item or component/part as a part for part States or Canada (as applicable) for which you replacement (replace failed wheel with a wheel, failed lid with a lid, failed cannot provide a certified technician to perform body with a body, etc.). Replacing product parts are simple and easy warranty repairs? How will Sourcewell actions, with most requiring only 3 minutes or less for repairs, thus not participating entities in these regions be provided requiring warranty repair services. For large fleets of roll carts owned by service for warranty repair? municipalities. Toter offers a Full Service Cart Maintenance Program that is included in our products and service offerings section of this proposal. 46 Will you cover warranty service for items made by Original equipment manufacturers warranty will apply and any service needed other manufacturers that are part of your proposal, will be coordinated with Toter through our standard warranty procedure. or are these warranties issues typically passed on to the original equipment manufacturer? 47 What are your proposed exchange and return Toter backs all products with its return and restocking policy. A Return programs and policies? Authorization Number must be obtained from Toter Customer Service (Phone — 800-424-0422 or 704-872-8171, and Fax — 704-930-1124) within five (5) days of receipt of goods and before merchandise may be returned for credit. Returns must be completed within sixty (60) days of invoice date. All transportation charges for returned merchandise must be PREPAID by the shipper. Returned saleable merchandise accepted by Toter for credit is subject to a 15% restocking charge. If any portion of the goods delivered to the Buyer are defective or are otherwise not in accordance with contract specifications, Toter shall have the right in its discretion either to replace such defective goods or to refund the portion of the purchase price applicable thereto. No goods shall be returned to Toter without Toter's written consent. Carts with custom markings cannot be returned. In no event shall Toter be liable for the cost of processing, lost profits, injury to goodwill or any other special incidental or consequential damages. 48 Describe any service contract options for the For large fleets of roll carts owned by municipalities, Toter offers a Full items included in your proposal. Service Cart Maintenance Program that is included in our pricing section of this RFP. The Maintenance Program may provide repairs for just Toter carts, or may also include maintenance of other brands of carts. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 10: Payment Terms and Financing Options Item ine Question Response* 49 at are your payment terms (e.g., net 10, net 30)? Toter, LLC standard payment terms are Net 30 Days if credit has been established. 50 Describe any leasing or financing options available for use As a benefit of being a Wastequip division, Toter provides a bridge by educational or governmental entities. to solutions for educational or governmental entities to find leasing and financing options through Wastequip Finance, with our finance partner, NCL Government Capital (NCL), the only leasing and financing company in the nation with a leasing and financing contract on Sourcewell (Contract #011620-NCL). We are pleased to offer NCL's over 20 years of specializing in providing competitive equipment financing programs for entities across the nation, providing Sourcewell members access to financing that multiplies their purchasing power potentially six -fold. We understand that funds aren't always available for new and adequate equipment, and the Tax Exempt Municipal financing offered by Wastequip Finance/NCL through Toter allows agencies to get that equipment now through manageable installment payments that come from their operating budget. We believe that Sourcewell, Toter/Wastequip Finance, and NCL have a common goal to provide solutions to Sourcewell members that will substantially alter the future for all in the most positive ways. Please also refer to a NCL flyer at the end of our file uploaded under "Pricing". 51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. Our general outline for order processing is: 1. Toter prepares proposal documents based on product selection by Sourcewell Member 2. Sourcewell Awarded Contract logo quote is provided to the Sourcewell member utilizing our SalesForce.com CRM system 3. Upon quote acceptance, the Sourcewell Member issues a Written Purchase Order to Toter. 4. Order is inputted electronically into the Toter MACOLA order entry system. 5. Order details are confirmed in writing by the customer with an Order Confirmation and Markings Approvals Forms. 6. Once signed order acknowledgement is received, order is released for production. 7. Toter logistics team contacts Sourcewell Member to schedule delivery 9. Order is delivered to Sourcewell Member 10. Sourcewell Member is invoiced 11. Report of Sales is generated our of the Toter Macola order system for specific reporting periods as needed. 12. Sales from Macola are reported to Sourcewell, and administrative fee is paid per the percentage to be determined by time of Sourcewell Award/Contract (per contract established schedule). 52 Do you accept the P-card procurement and payment Toter accepts P-card procurements/payments. Our preferred method process? If so, is there any additional cost to Sourcewell of payment is wire, ACH or check. participating entities for using this process? Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Response* Item Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 53 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 54 55 Toter Residential does not have set list pricing, therefore we are offering a line item ceiling pricing model that is comparable to other co-operative contracts and gives us the flexibility to price competitively while allowing our dealer network to utilize the contract (and they always prefer using the Sourcewell contract above other co-operative contracts). Toter Pro Products pricing model is a discount off list price. We have provided a detailed price list for all products and services that include model numbers and descriptions. Each price guide will include options available as upgrades to the base pricing for that specific product line. Quantify the pricing discount represented by the pricing For Toter Residential, please refer to responses to questions 53 proposal in this response. For example, if the pricing in and 55. Toter Pro pricing model to Sourcewell is discounted at your response represents a percentage discount from 30% off of list price. MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. 56 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Toter Residential has provided incremental volume discounts in our pricing structure. We may offer discounts off the base price for large projects when possible, giving the customer the benefit of making larger purchases and permitting Toter the opportunity to be flexible in competitive situations as required. We believe that it will be to both Toter's and the Member's advantage for this contract to allow flexibility with larger quantity discounts. As such, we do not feel it is in either of our best interests to set prices for large projects but rather offer discounted pricing based on the details of each such project. Relevant details could include the quantity of each product size needed, project timing, and services included. We believe we have the broadest range of products and services for waste and recycling containers in the market and have included all our offerings in our proposal. As any new products are developed, we will reach out to Sourcewell and request those be added to our contract. Any "sourced" products or related services will be offered to Sourcewell Members on a Supply Quote basis. We will provide the member with a quote for all items not listed on our Sourcewell contract (the 2% fee is and/or will be included in all Toter quoted prices, except for freight charges). We have tried to be extremely thorough in including pricing to cover all products, options and services a customer may need with the purchase of waste and recycling containers. However, due to the unique nature of our industry, there may be a few instances where the total cost of acquisition is not included in our proposal pricing. 1. Installation: Due to the customized nature of our business, each customer's project installation is unique, and therefore, quoted individually. Unique installations may include, and are not limited to requirements such as RFID tailored inventory and container management systems, interim storage of containers, additional labor for customer preferences, and more. Any of these products or services outside what we have provided in our proposal will be "Priced on Request". 2. Assembly and Delivery: Special needs for Assembly and Distribution related projects will be "Priced on Request" due to the unique needs of municipalities for each project at hand. the site, or "staging area", if provided by Toter, will be "Price on Request" also due to the unique needs of each project, in addition to wide price variables for locations. Cart Lifters for Residential Collection Vehicles can be installed with "Price on Request". Cart Lifters for Toter Pro Products will be quoted and installed with "Price on Request" due to the unique needs of each project. 3. Taxes - Local, State and Federal Sales or Use Taxes or any applicable ferry costs, customs duties, levies and taxes are not included in our proposed pricing models. If required, taxes will be added at time of quote and/or invoice. Also, Canadian GST/HST/PST taxes are not included in our proposed pricing models, and PST is not paid by Toter. If we are required to pay PST, then the Member will be required to reimburse Toter for these taxes. Any applicable taxes will be added to our quote and/or invoice. 4. Canadian members may require pricing to be provided in Canadian Dollars/Currency (CAD). While our pricing is listed in United States Dollars/Currency (USD), we are certainly able to provide the CAD equivalent pricing based on our USD Sourcewell price list and Foreign Exchange rates from Bank of Canada resources. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 58 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. 59 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. 60 Describe any unique distribution and/or delivery methods or options offered in your proposal. Table 12: Pricing Offered Toter has strategically located in the US which allows us to best service our customers. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by the Member needs and demands. We will evaluate each order as a unique opportunity and consider the Sourcewell Member's order volume and location. Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on quote as a separate line item. This cost will not include the 2% Administrative Fee. We use a combination of contracted motor carriers and freight forwarders to deliver shipments destined for locations such as (but not limited to) Alaska, Hawaii, American Samoa, and Puerto Rico. We also have dozens of carriers already under contract that participate in delivering all modes of freight across the Canadian provinces. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by Member needs and demands. We will evaluate each order as a unique opportunity and consider the Members' order volume and location. Note that Freight: Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on the quote as a separate line item. This cost will not include the 2% Administrative Fee. Toter has the ability to meet unique customer needs with Driver Assistance (truck driver moves product to the entrance/exit of 53' truck for customer to remove off the trailer), lift gates (to meet special circumstances with no dock, etc.), combined loads (multi - stop capability to drop at up to 3 locations close together). For our Pro Products and individual customer orders (".COM" customers), we provide drop ship delivery. Obtained over decades, we have experience in the field delivering the assets to their final location -- a resident's dwelling. We offer all types of delivery, to include alley, curbside, up -to -door and special location deliveries per requirements of customers. We recognize that no two projects are alike and that every customer could have specific needs. That allows us to be flexible to meet those specific needs. We do this by thoroughly vetting the customer scope of work. In simple terms, "What are you trying to accomplish and what challenges do you foresee"? We believe that Data is King? Being able to discuss the project, with the customer, and to understand the data, allows us to customize our services to provide the best experience! We do not provide "cookie cutter' services, we provide solutions. Toter offers the industry's best and most unique delivery option, Fully Factory Assembled or "Ready to Roll". Member agencies can forget about missing parts, lack of available labor to assemble carts, and other normal assembly related issues. Because Toter carts nest when fully assembled, neat and safe stacks of 6 fully assembled carts high make the work of Public Works and Solid Waste Managers easier and more predictable. For member agencies who want to pay less freight per cart, our standard shipment of carts "2/3rd's Assembled" means that the only assembly is attaching the wheels after carts are delivered to member locations. Then the cost savings of Nestability kicks in as up to three (3) times as many fully assembled Toter carts will fit on a city delivery truck as compared to any other brand (none are fully Nestable). m LiThe Pricing Offered in this Proposal is: " Comments Ite 61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Except as otherwise contractually obligated. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 13: Audit and Administrative Fee Item Question Response* 62 Specifically describe any self -audit process or program that you Toter discusses needs with the Sourcewell Member to plan to employ to verify compliance with your proposed Contract identify solutions and generate a quote that includes the with Sourcewell. This process includes ensuring that Sourcewell Sourcewell logo and Contract number/information of participating entities obtain the proper pricing, that the Vendor reference. Once the Member's Purchase Order is received, reports all sales under the Contract each quarter, and that the Toter enters the order coded as a "Sourcewell" sale into Vendor remits the proper administrative fee to Sourcewell. Macola, or order system. Quarterly, a report is generated from the order system and spot checked for accuracy by comparing to quotes from our Salesforce application to ensure the order was coded appropriately and included in the reporting. 63 Identify a proposed administrative fee that you will pay to Toter is proposing a 2% administrative fee that is calculated Sourcewell for facilitating, managing, and promoting the Sourcewell and included in the contract dollar amount for products listed Contract in the event that you are awarded a Contract. This fee in our pricing section. Please note that freight costs will not is typically calculated as a percentage of Vendor's sales under the be included in this fee. Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services mLi Ite64 Question Response* Provide a detailed description of the Toter, LLC is a Wastequip brand which is a manufacturer and marketer of high - equipment, products, and services that you quality plastic containers and related products, solely dedicated to the waste industry are offering in your proposal. for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: RESIDENTIAL PRODUCTS AND SOLUTIONS - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long-term and current experience with customer needs. PRO PRODUCTS AND SOLUTIONS - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! For all our offerings, we specialize in consulting with our customers to create customized products and solutions, considering waste streams, volume, staffing, layout, footprint, flow, environmental requirements and storage limitations. Unlike competitors who may sell off -the -shelf products„ we specialize in consulting with our customers to create customized waste management solutions. We also offer technology solutions identified in later questions within this platform. Specific to Toter Residential Products and Solutions, we offer a wide range of services: Receiving and Unloading: Receive the loads as they arrive from Toter, per a predetermined ship schedule, then unload the stacks of carts and arrange them on the customer site by size and waste stream, if applicable. Assembly: Assemble the stacks of carts in preparation of delivery to the resident address listing, or for storage, as determined in the scope of work meetings. Assembled carts will be stacked according to size and waste stream, if applicable. Distribution: Distribution of carts to the service area residents as predetermined during scope of work meetings. Carts will generally be placed at the curbside of the appropriate address, unless special attention is called out during the scope meetings. Data Collection - Record Serial Numbers: Serial numbers of the cart delivered to a specific address will be recorded to the address listing provided Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 by the customer. This will assist customers in tracking their assets in the field. Upon completion of the project, we will provide customers with a completed address listing showing the appropriate serial number of the cart delivered to each address. This will be done when a single cart per address is delivered, as well as when multiple carts and streams are delivered to a single address. When project is complete, customer will have the most up to date data on assets and where they are located. Data Collection - RFID Scanning: RFID tags will be scanned, to the address listing provided by the customer per each cart delivered and associated to that particular address. When RFID tags are scanned as a delivery method, the following data will also be collected: RFID tag number, Serial Number, time stamp, and geo coordinates. This will assist customer in tracking their assets in the field. Upon completion of the project, we will provide customer with the completed address listing showing the appropriate data set of the cart delivered to each address. This will be done when single cart per address is delivered, as well as, when multiple carts and streams are delivered to an address. When project is complete, customer will have the most up to date data on assets and where they are located. Sticker/Label Application: A customer provided sticker/label will be applied to the cart/container as described in scope of work. This can be done on new project where all new carts receive label/sticker prior to distribution. Or, labels can be applied to carts that were previously in the field. Old Cart Retrieval: Old carts may be retrieved and brought back to the customer site for either future use or disposal (recycling). This service can be provided in conjunction with new cart deliveries to ensure no disruption of waste services. Additional items can be contracted: sorting of old carts to specifications, disassembly of carts to be recycled, loading of carts to be recycled onto trailers for transport to recycler. We would manage the whole process to provide a seamless solution for retrieval and disposal of any old carts. Route Audits: Route auditing service could include: auditing service levels, auditing income, route ID verification, waste characterization, lid flips, contamination material ID, etc. We would determine your route auditing needs and provide a plan and the associated crews to complete that plan. At the end of the project, the customer would have a cleansed route and all associated data points required to adequately understand those routes and how it is affecting their business. Commercial Bin Delivery: Delivery of commercial bin (FEL's and REL's) to all associated commercial addresses. Receiving of commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Commercial Bin Exchange: Exchange of commercial bins (FEL's and REL's) for all associated commercial addresses. This service provides delivery of new bins and removal of old bins at the same time. Receiving of commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Cart Maintenance: Cart Maintenance Services are offered to provide a seamless solution for all of the customer cart maintenance needs. From new deliveries, cart removals, cart repairs, and more, we provide piece of mind that all resident requests will be fulfilled within the agreed upon service level agreement. We provide inventory level management to ensure that you always have assets to keep each resident with the appropriate carts for waste disposal. Assist in managing warranty claims, and keeping all carts cleaned and prepped for return to service. Managing all parts associated with the cart inventory ensures a cost savings may be repurposing where appropriate. Having a cart maintenance provider will give you piece of mind and produce a cost savings. 65 Within this RFP category there may be Please see our answer to Question #64. Additionally, subcategories will address subcategories of solutions. List subcategory challenges with any customer by providing user-friendly containers to efficiently collect titles that best describe your products and waste, plus subcategories of solutions to provide effective automated services. collection/transportation/disposal systems/equipment and more. We can assemble, distribute and maintain entire fleets of containers. Container users experience elimination of potential injury and improved productivity with mechanical lifters/dumpers, towing and other options, choosing from a seemingly endless provision of solutions Our technology assists customers to manage cart fleets and container maintenance and inventory. As a service provider, we are prepared to offer any customized service needed. We realize that the waste industry encounters some interesting opportunities and we are willing to work with each customer to provide a solution to needs as they arise. No job is too Big or too Small! Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Line Item Category or Type Offered * Comments 66 Residential -sized refuse and recycling containers, r Yes Toter, LLC is a Wastequip brand which is a manufacturer and collection bins, dumpsters, and carts of principally r No marketer of high -quality plastic containers and related products, non-metallic composition solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: Residential Products and Solutions - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long- term and current experience with customer needs. Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! 67 Commercial and institutional -sized refuse and a Yes Toter, LLC is a Wastequip brand which is a manufacturer and recycling containers, collection bins, dumpsters, and r No marketer of high -quality plastic containers and related products, carts of principally non-metallic composition solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: Residential Products and Solutions - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long- term and current experience with customer needs. Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! 68 Lift and tipping solutions for stationary carts and r Yes Toter also offers lift and tipping solutions for attachment to dumpsters r No collection vehicles and as stationary units which collect and remove waste from roll carts located at households and commercial properties and buildings. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 69 Technology solutions related to the management of, r: Yes or planning for, collection of refuse and recycling r No materials from containers of the type described in RFP Section 1. a - b. Table 15: Industry Specific Questions Toter offers our technology solutions for cart and container deliveries and the subsequent management of these assets. The combination of a web -based operations management software and a mobile workforce App allows planning and execution of deliveries, work orders and service requests highly efficient. Major features of the technology offering are Assembly & Distribution Management, Inventory Management as well as Solutions to execute services in the field (Work Orders, Service Requests, etc.). This solution also provides data visualization and data reporting tools. The web -based Software solutions covers all required processes for delivery of carts and containers, as well as asset management. In addition to this, Wastequip's technology solution comes with a mobile App and the required Hardware (Scanner with RFID and Barcode Reader) to perform services in the field. Service Verification data can be collection by the means of a truck -mounted RFID System, which delivers positive verification (RFID Reads), GPS Positions as well as date and time information of the service verification. These data are visualized in the web -based platform. Item Question Response* 70 If you are awarded a contract, provide a Toter develops monthly, quarterly and annual targets to drive business to include few examples of internal metrics that will municipal sales. This is tracked closely to make sure our sales team is proactively be tracked to measure whether you are working to meet theses goals. We will also run quarterly reports specific to sales off having success with the contract. the contract to review and compare to prior sales history. 71 Describe your organization's approach to Data Collection - We collect data in order to provide our goods and services, to the collection, storage, usage, ownership, process requests received (including warranty requests), and to provide support. We and rights of customer data that is do not knowingly collect personal information from children under 13 years of age. gathered in the normal course of business. Additional reasons for data collection may be viewed in our Privacy Policy at www.wastequip.com/privacy-policy. This data may include personally identifiable information such as name, postal address, e-mail address, and telephone number. Information collected automatically by our website or systems may include usage details, IP addresses, browser type, operating system and information collected through cookies, web beacons, and other tracking technologies. Storage - Information you provide to us is stored on our systems using, at a minimum, industry standard data security practices. Any payment transactions are processed through third party providers using SSL and other encryption technology. Data - We use information that we collect, including any personal information to provide information, products, or services that are requested from us. We provide our third -party vendors, service providers, and contractors with information in order to service our accounts or provide repair/warranty services for products purchased from us. Ownership and Rights - Wastequip customers own their own personal data. Wastequip follows all applicable local, state, and federal privacy laws including the California Consumer Privacy Act (CCPA). Customers and others may contact Wastequip at any time to confirm, correct, or delete their personal information provided to us as allowed by applicable law. The above represents a summary of key Privacy Policy terms relevant to Sourcewell's Participating Agencies. Please visit www.wasetquip.com to view our full Privacy Policies. 72 Explain your organization's approach to We have implemented measures designed to secure personal information and other data protection and access. data from accidental loss and from unauthorized access, use, alteration, and disclosure. Only authorized Wastequip personnel have access to the data on our Wastequip servers. We follow strict procedures to ensure that all data is transmitted between systems securely (HTTPS, TLS, etc.). All Wastequip systems, including servers, firewalls, switches, etc., are updated, secured (physically and logically), and systems are continually monitored to protect against unauthorized access of sensitive data. Any decommissioned hardware is required to have all hard drive wiped in accordance with our policies. Data collected by or provided to Wastequip is shared with Wastequip contractors, service providers, and other third parties when needed or required to fulfill contractual obligations with our customers. We strive to ensure that our third -party providers provide at least the same level of data protection as we do. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 73 Describe how your offering encourages The Recycling Partnership's latest report on the state of curbside recycling shows that increased participation in recycling and cart collection can increase the weight of recyclables collected by almost 30% (pg 18) diversion programs. so purchasing any cart increases recycling participation, improves efficiency for haulers, and fosters single -stream, which is easier for consumers. Curbside recycling programs depend on resident participation, and resident participation depends on education and convenience. Purchasing a Toter cart further improves recycling participation, because Toter's rotomolded carts are more durable. With an ultra -low warranty claim rate of 0.3%, Toter customers rarely encounter issues with our carts. Additionally, Toter customers report an average service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone. Toter carts also feature a best -in -class tilt -to -roll ratio, which means residents can maneuver their Toter cart with ease. With high quality equipment, residents can focus on what to put in their carts, not replacing them or working with faulty equipment. Higher durability and fewer warranty claims mean a lower carbon footprint, but equally important, mean a lower total cost of ownership for municipalities, which can allow municipalities to invest more of their budget in education and outreach programs to improve recycling. Cart colors and graphics are the primary education points for residents. Toter carts are available in a variety colors that can help distinguish different streams for waste and recyclables. Additionally, Toter offers a variety of options for cart graphics to educate residents about acceptable recyclables. Toter also offers cart colors and sizes for collecting organic waste, and their durability is well -suited to handle heavier food waste. 74 Identify if your offered technology solutions Wastequip's technology solutions for Assembly & Distribution as well as Asset are available through mobile device Management and Service Verification are available through a web -based Platform and applications and with what operating thus are compatible with the majority of modern operating systems. The recommended systems they are compatible. browsers are GOOGLE CHROME or FIREFOX. In addition to this, the mobile App is available for modern ANDROID Systems. This App is used by crews in the field to perform Work Orders, Service Requests or Deliveries. RFID Scanning requires specific hardware which is available through this contract. 75 Describe any design and manufacturing Advanced Rotational MoldingTm eliminates built-in stress, weakness and brittleness processes or materials utilized that associated with injection molded products, and increases durability. Toter carts are the contribute to product attributes such as only rotomolded carts on the market and consistently show up as the most durable. longevity, ease of use, safety, or reduced In 2020, we commissioned a survey of more than 100 municipalities and life cycle costs. waste haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon footprint and help us set the most impactful goals to reduce our carbon footprint. Toter consistently delivers on durability with customers reporting service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts and ensure that residents are able to use our products with fewer issues. Reducing the amount of virgin resin that we use in manufacturing is one of the most important ways we can lower our environmental impacts. We believe in continuously improving our efficiency with our own scrap material and using recycled material from reliable sources, whether from end -of -life consumer waste or other plastic manufacturers. We also recognize that purchasing recycled content from consumers through curbside (or residential) recycling programs supports the businesses and markets that drive recycling programs providing both economic and environmental benefit to local communities. As we strive to replace virgin resin in our products with as much recycled content as possible while maintaining durability, we are guided by standards and definitions directed by regulations such as 40CFR Part 247 and industry partners like The Recycling Partnership and the Association of Plastic Recyclers: Post Consumer Recycle (PCR) - 40 CFR, 247.3 Definitions: Postconsumer material means a material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Postconsumer material is a part of the broader category of recovered materials. Recovered Materials — 40 CFR, 247.3 Definitions: Recovered materials means waste materials and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract Text. Line Item 76. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stabilitv - Toter Answer #9 - Financial Strength and Stability (4-2021).pdf - Wednesday April 14, 2021 15:18:21 • Marketino Plan/Samples - Toter Answer #32 - Marketing Samples.pdf - Wednesday April 14, 2021 15:18:37 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - Toter Answers #42-#48 - Warranty and Warranty Claims.pdf - Wednesday April 14, 2021 15:18:53 • Pricing - Toter Price List for Sourcewell 041521 (with Price Adj, Leasingj) 4-15-2021.pdf - Wednesday April 14, 2021 15:19:47 • Upload Additional Document - Toter Answers #64, #65 - Toter Products.pdf - Wednesday April 14, 2021 15:20:42 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasuryaov/ofac/downloads/sdnIist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. F By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Laura Hubbard, Director of Municipal Sales, Toter, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum _4_Plastic Refuse_Recycling_Containers_RFP_041521 1 Wed March 17 2021 03:40 PM Addendum _3_ Plastic _Refuse_Recycling_Containers_RFP_041521 r 1 Mon March 8 2021 09:41 AM Addendum _2_ Plastic _Refuse_Recycling_Containers_RFP_041521 1 Fri March 5 2021 04:19 PM Addendum _1_ Plastic _Refuse_Recycling_Containers_RFP_041521 1 Mon March 1 2021 04:31 PM Bid Number: RFP 041521 Vendor Name: Toter, LLC EXHIBIT - C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. EXHIBIT - C CONFLICT OF INTEREST OUESTIONNAIRE For vendor doing business with local governmental entity This questonnaire reflects charges made re the Ira by 1-LEI. 23, 84ih US. Regular Session. This questomnaire is heN filed in arcmrdance with Qmptow 176, Locad Grnremment Godo, 6y a vondm who has a business reiaticnship as defined by Section 176-O01(1-a) with a lacat guvwnmsntal entity and the vendor meem requiromanis under Section 176.006(al- gy law this questionnaire must be liked with the records administrator 4t the local gavemananW entity not litter tltm the 7th business day after the date the vendor becamos aware of fads that require the statement to be ffted- Sae Section 175,00Ca-1j, Loral Govemmew Ccde- A vendor commis an offense 4 the vendor lmowingly violates Section 176.406, Local Gavamment Code- An cdonse under this secnion is a rrisdemeanor- Hama cPlvendarwho has a business relationship with local goveymmeatal rattly. FORM CIO OFFICE USE ONLY Late Received J El Checkilia fear€ ifyou am tiring an updab to a previously filed quesfionnatre. (The law requires thatyou file an updated completed questionnaire with the appropriate Kling authority not later than the 7th bminess day after the data on which you became ware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local govemment officer about whom tfte inTormirdon is being dsclosGd. Name of Geer J OGseribe each employment or other business relationship with the local government otficer, or a family member of the. officer, as described by Section 176.003{aj(2)(A)- Also describe any family relationship with the local government officer. Complete subparls A and B lcueach employment or business relationship described. Attach additional pages to this Form CIO as necessary, A- Is the local government officer or a family member of the officer receiving or likely to reCaive taxable income - other than investment income, from the vendor? Yes =No B. Is the vender receiving or likely to receeve taxaUi income, other than investment income, from or at the direction of the local goveanment officer or a family member of the officer AND the taxable income is not recelued from the local governmental entity? Yes =No Describe each employment or businessrelationship that the vendor named in Section 1 maintains with a corporation or other business entity with mspect to which the local government officer Serves as an officer or director, or holds an owrtershlp interest of one percent or more. J ElCheck this box if vhe vendor has gran the local government officer or a family member of the officer one or more gifts as described in Section 178, (a)(2)(B), excluding gifts described in SacSan 176-003fa-1j- 7 1 %natwa of vendor doing trmness wrtn the gNernimpnial entity dale Form pTovided by Texas Rhks Commission wvrw.ethics-state.tx-us Revised 112021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governtnental entity A complete copy of Chapter t 76 of the Local Government Cade maybe found at httpYNvww_siakdes_legis_state_tx_us; Docs+LGhtmrl_G. t76.htm. For easy reverence, below are some of the sections cited on this form. Local Government Code 4176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity Of one of the parties, The term does not include a connection based on: (A) a transaction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction con ducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency_ Local Government Code t:17&0G3[a)(2MA) and (81- (a) A local government officer shall fi le a conflicts disclosure statement with respect to a vendor if: (2) thevendor: (A) has an employment or other business relationship with the local govemment officer or a family member of the officer that results in the officer or family member receiving taxable income, other than Investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govern mental entity and vendor has been executed; or (H) the local governmental entity is considering entering into a contract with the vendor, (8) hasgiventoftloGaJ government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the t 2-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code & 176.006(a) and (a_1) (a) Avendor shall file a completed conflict of interest guestunnaire if the vendor has a business relationship with a local governmental entity and: (t) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member otthe officer; described by Section 176.003(a)(2)(A); (2) has given a local government officer of that I oral governmental enhty, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176_00 (a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) Thecompleted conflict of interest questionnaire must be filedwith the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to ranter into a contract with the local governmental entity; or (B) submits to the local governmental entity an applical , response to arequesi forproposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a) (B) that the vendor has given one or mare gifts described by Subsection (a); or (C) of a family relationsh ip with a local government officer_ Form pravidad by Tmas Ethics Cormrussian www.othics stata_U.us Revised 11IM21 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 27, 2023 REFERENCE NO.: **M&C 23-0590 LOG NAME: 13PCOOP SW041521-TOT WASTE CARTS LSJ CODE SUBJECT: (ALL) Authorize the Execution of an Agreement with Toter, LLC for the Purchase, Delivery and Maintenance of Garbage, Recycling and Yard Waste Carts in an Amount Up to $2,660,095.00 for the Initial Term, Using Sourcewell Cooperative Contract 041521- TOT, for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Toter, LLC for the purchase, delivery and maintenance of garbage, recycling and yard waste carts in an amount up to $2,660,095.00 for the initial term, using Sourcewell Cooperative Contract 041521- TOT for the Code Compliance Department and authorize four consecutive, one-year renewals options at 5\% annual increase every term. DISCUSSION: The Code Compliance (Code) Department approached Purchasing about entering into an annual agreement for recycling, garbage, yard carts and maintenance services. Since November 2002, the City of Fort Worth has contracted with Toter, LLC (Toter) (now wholly owned by Wastequip, LLC) for the purchase, delivery, maintenance and replacement of recycling and garbage and yard carts for Fort Worth residents. In order to maintain consistency in the cart size and appearance and also to ensure efficient repair and replacement of parts, the City will continue its contractual relationship with Toter using the Sourcewell Cooperative Agreement No. 041521 TOT. Under this Agreement with Toter, the service levels will remain consistent with current service levels. Staff recommends awarding a one-year Agreement with Toter, LLC with four optional one-year renewal terms. State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. Sourcewell cooperative contracts have been competitively bid to increase and simplify the purchasing power of government entities. Funding is budgeted in the Other Contractual Services account of the Code Compliance Department's rollup within the Solid Waste Fund. Approval of this M&C authorizes the City to spend up to $2,660,095.00 for the first term with Toter for the recycling, garbage, yard carts and maintenance services Actual usage in any term can be up to the authorized amount and will be dependent upon actual appropriations for this purpose in the departments' budget. AGREEMENT TERMS - Upon City Council approval the agreement will begin upon execution and ends May 28, 2024 to correspond with the terms of the cooperative contract. This Agreement may be renewed for up to four additional one-year terms at the City's option for the following amounts: Year Two $2,667,574.00; Year Three $2,736,451.00; Year Four $2,807,091.00, and Year Five $2,879,538.00. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated in the Solid Waste Fund. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDsJ: TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Reginald Zeno (8517) Submitted for Citv Manaqer's Office bv: Valarie Washington (6192) Oriainatina Department Head: Additional Information Contact: Reginald Zeno (8517) Brandon Bennett (6322) Jo Ann Gunn (8225) Lakita Slack -Johnson (8314) ATTACHMENTS 1. 13PCOOP SW041521-TOT WASTE CARTS LSJ CODE funds availabilitv.Ddf (CFW Internal) 2. 13PCOOP SW041521-TOT WASTE CARTS LSJ CODE Updated FID.xlsx (CFW Internal) 3. Copv of Cow of FID TABLE Toter 5.22.2023.xlsx (CFW Internal) 4. Form 1295 Certificate Toter.Ddf (CFW Internal) 5. SAMS REPORT TOTER.Ddf (CFW Internal) 6. TOTER PRICING.Ddf (CFW Internal) 7. Toter SW Contract 041521.Ddf (CFW Internal)