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HomeMy WebLinkAbout064222 - General - Contract - The Toro Professional Turf Products, LPCSC No. 64222 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (" Agreement") is entered into by and between PROFESSIONAL TURF PRODUCTS, LP ("Vendor"), as authorized retailer of THE TORO COMPANY under COOP Contract Sourcewell 112624-TTC 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-Sourcewell 112624-TTC Pricing Index; 3.Exhibit B-Sourcewell 112624-TTC Cooperative Agency Contract; and 4.Exhibit C -Conflict oflnterest 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. Vendor acknowledges that all purchases under this Cooperative Purchase Agreement will be financed through PNC Equipment Finance ("PNC"), which was identified as a finance partner in Exhibit B, pursuant to a separate financing agreement between City and PNC and that under no circumstances will City owe any payments directly to Vendor pursuant to this Cooperative Purchase Agreement. Total payment made to PNC by City shall be in an amount not to exceed Four Hundred Twenty Thousand, Five Hundred Thirty-Three Dollars and Eighty-Six Cents ($420,533.86) over a 60-month financing term. 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 shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and end on January 31, 2026. 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 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. Cooperative Purchasing Agreement v.1.0 lof6 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 with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Professional Turf Products, LP Attn: Dana Burghdoff, Assistant City Manager Attn: David Lau 100 Fort Worth Trail 1010 N. Industrial Blvd. Fort Worth, TX 76102-6314 Euless, TX. 76039 Facsimile: (817) 392-8654 Facsimile: N/A With copy to Fort Worth City Attorney's Office at same address [SIGNATURES ON THE FOLLOWING PAGEJ Cooperative Purchasing Agreement 2 of 6 v. 1.0 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: �ana �r� Gtcfo Bt/� Dana6urghdoff(Oct30, 02516:12:30CDT) J Name: Dana Burghdoff Title: Assistant City Manager 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. 10/30/2025 Date: APPROVAL RECOMMENDED: 1��� / . Name: Dave Lewis Title: Director Park & Recreation oan ATTEST: ° p��O� FORT�O9d0 OF'o ��10 Pv8 o=d i °oQ*�o a�d �ns� /� � aaap nEXA`'�o.ob By: � Name: Jannette S. Goodall Title: City Secretary VENDOR: Professional Turf Products, LP !/�/N/a's i/ B�/� David Lau (Oct27, 20251214:49 CDT) J Name: David Lau Title: Chief Financial Officer Email: laud@proturf, com 10/27/2025 Date: Cooperative Purchasing Agreement v. 1.0 w( �.0 .�� $y. Kyle Clure (Oct 18, 2025 09:30:20 CDT) Name: Kyle McClure Title: Assistant Director Park & Recreation APPROVED AS TO FORM AND LEGALITY: i �� q�� Name: Trey Qualls Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0653; 25-0807 Approval date: 06/24/2025; 08/26/2025 Form 1295: 2025-1282023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A �ou���wel� :� Pritin� for the Sourcewell tai3tract offers pariit�pating ager�cies �he fullawing dis€a�n#s"*: • Tara Gommercial Equiprnent: �29b off US �r1SRP • Taro 5pecialty Vehi�les: 796 of#US MSR� • Taro Bullseye Eq��prne�t= 59b aff U.� �,rtSRP • TorcAutonomousSofutions=0q6afF�:SMSR,� • Taro Lands�ape Contrartar Equip€nert (LCEj (Aj= 279b off US 3Mf5RP • �C� Allled Pfoducks (BJ: C9b off ti5 MSr�P • Tara Landscape Ccntra�#or S�IOW EquFpment {LCti S�IOWj: 2�9b of€ US #vTSRP • Taro 5itetVarf�. System {SV�15} Eq�siprnent= 179'fl off US MS�t� • 3055 Snoyv Removak Equiprrer�t=259'aof# US M��tP • 3D55 Sr�uw Rerr.oval Equrpn�e�± (Snowratcr �nits Only]- S4�C of# LIS MSi2P • V�ntrac 4520 .�erEes Pradu�: 8% afi US MSRP • Vantra� 2��0 ProduRs: 395 0�# US MSRP • Tara GaFF Irrigatior�- 409'0 ofF US MSRP • Taro Residential Carr.mer�iak Equi�rrent (RES COMj: 4D9`¢ off US �rTSRP • irr�trol {rrigaiian Produ�s: 03'9 -409'¢cff US fv#SRP • �ain Master arrigatian Praducts: �9`0 -4C9�¢�#f US MSR� • Sentinel Irrigation Produrts: 35�`fi a#f US MSRP • Large Rotors= 35% o�f US �r45RP + Third party at��hments and used e�uipmert: disirib�r#arsJdeaEers will set the p€ice bu# wi�E nok ex�e�d lis; cr�c�. *"Pricing �s subxect #o charr�etl based oFl market tan�F#iorts, avaFlabFlity, errd orltier factors, Atariff suscharge may he a�ded to ar�er_ attne dis�retian nf the distri�utar— notto ex��d 10�'o afthetotal costaf il3e order_ Setup Fees: Tom`s authorized drstributorsfdealer� may include setu�fees— notto exc�d 5 a of`he totak produ�tcost, pFus �ptc an ad��t�anal 59b far ca�unit �etups_ Se#�� fees must be i�e�r+i#ied as a �eparate f:ne-item on tF�e q�o:atian. Delivery; 1rs adtii;ian, a�,har:"zed disrrib�±ors�dea�ers may in�b��tdeliveryfees— no##o exceed 5�}Qofthetotal pro�s��t �os#, tiVF�i�� mu� be ide�tifi�d as a se�arate lir.e-i#em on t�e quata`ion. li3s�allation; Toro"s autha�ized d"rstributors rray include ins�alla#i�n fees for au'tanomous s-v=�tions—not to exceed 109b af the ia#al pradu�t cost, which m�st be i�errtifred as a separa�e IFne-item an th� +�uotation_ Cooperative Purchasing Agreement 4 of 6 v. 1.0 Exhibit B Cooperative Agency Contract this page intentionally left blank Cooperative Purchasing Agreement 5 of 6 v. 1.0 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC Sourcewell � MASTER AGREEMENT #112624 CATEGORY: Grounds Maintenance Equipment and Related Attachments SUPPLIER: The Toro Company This Master Agreement (Agreement) is between Sourcewell, a Minnesota service cooperative located at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Toro Company, 8111 Lyndale Avenue South, Bloomington, MN 55420-1196 (Supplier). Sourcewell is a local government and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) offering a Cooperative Purchasing Program to eligible participating government entities. Under this Master Agreement entered with Sourcewell, Supplier will provide Included Solutions to Participating Entities through Sourcewell's Cooperative Purchasing Program. Article 1: General Terms The General Terms in this Article 1 control the operation of this Master Agreement between Sourcewell and Supplier and apply to all transactions entered by Supplier and Participating Entities. Subsequent Articles to this Master Agreement control the rights and obligations directly between Sourcewell and Supplier (Article 2), and between Supplier and Participating Entity (Article 3), respectively. These Article 1 General Terms control over any conflicting terms. Where this Master Agreement is silent on any subject, Participating Entity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Purpose. Pursuant to Minnesota law, the Sourcewell Board of Directors has authorized a Cooperative Purchasing Program designed to provide Participating Entities with access to competitively awarded cooperative purchasing agreements. To facilitate the Program, Sourcewell has awarded Supplier this cooperative purchasing Master Agreement following a competitive procurement process intended to meet compliance standards in accordance with Minnesota law and the requirements contained herein. 2) Intent. The intent of this Master Agreement is to define the roles of Sourcewell, Supplier, and Participating Entity as it relates to Sourcewell's Cooperative Purchasing Program. 3) Participating Entity Access. Sourcewell's Cooperative Purchasing Program Master Agreements are available to eligible public agencies (Participating Entities). A Participating Entity's authority to access Sourcewell's Cooperative Purchasing Program is determined through the laws of its respective jurisdiction. 4) Supplier Access. The Included Solutions offered under this Agreement may be made available to any Participating Entity. Supplier understands that a Participating Entity's use of this Agreement is at the Participating Entity's sole convenience. Supplier will educate its sales and service forces about Sourcewell eligibility requirements and required documentation. Supplier will be responsible for ensuring sales are with Participating Entities. v052824 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC 5) Term. This Agreement is effective upon the date of the final signature below. The term of this Agreement is four (4) years from the effective date. The Agreement expires at 11:59 P.M. Central Time on January 31, 2029, unless it is cancelled or extended as defined in this Agreement. a) Extensions. Sourcewell and Supplier may agree to up to three (3) additional one-year extensions beyond the original four-year term. The total possible length of this Agreement will be seven (7) years from the effective date. b) Exceptional Circumstances. Sourcewell retains the right to consider additional extensions as required under exceptional circumstances. To be effective, additional extensions must be in writing and agreed upon by all parties. 6) Survival of Terms. Notwithstanding the termination of this Agreement, the obligations of this Agreement will continue through the performance period of any transaction entered between Supplier and any Participating Entity before the termination date. 7) Scope. Supplier is awarded a Master Agreement to provide the solutions identified in RFP #112624 to Participating Entities. In Scope solutions include: a) Lawn and garden equipment for all types of lawn, field and turf care, golf course, landscape, sidewalk, walking path, and parking lot maintenance, and snow removal; b) Irrigation and aeration equipment, systems, parts, and installation; and c) Beach and waterfront maintenance equipment and accessories. 8) Included Solutions. Supplier's Proposal to the above referenced RFP is incorporated into this Master Agreement. Only those Solutions included within Supplier's Proposal and within Scope (Included Solutions) are included within the Agreement and may be offered to Participating Entities. 9) Indefinite Quantity. This Master Agreement defines an indefinite quantity of sales to eligible Participating Entities. 10) Pricing. Pricing information (including Pricing and Delivery and Pricing Offered tables) for all Included Solutions within Supplier's Proposal is incorporated into this Master Agreement. 11) Not to Exceed Pricing. Suppliers may not exceed the prices listed in the current Pricing List on file with Sourcewell when offering Included Solutions to Participating Entities. Participating Entities may request adjustments to pricing directly from Supplier during the negotiation and execution of any transaction. 12) Open Market. Supplier's open market pricing process is included within its Proposal. 13) Supplier Representations: v052824 2 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC i) Compliance. Supplier represents and warrants it will provide all Included Solutions under this Agreement in full compliance with applicable federal, state, and local laws and regulations. ii) Licenses. As applicable, Supplier will maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of Supplier's business with Participating Entities. Participating Entities may request all relevant documentation directly from Supplier, as such relates to these licenses. iii) Supplier Warrants. Supplier warrants that all Included Solutions furnished under this Agreement are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Solutions are suitable for and will perform in accordance with the ordinary use for which they are intended. 14) Bankruptcy Notices. Supplier certifies and warrants it is not currently in a bankruptcy proceeding. Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years within its Proposal. Supplier must provide notice in writing to Sourcewell if it enters a bankruptcy proceeding at any time during the term of this Agreement. 15) Debarment and Suspension. Supplier 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 any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Agreement. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time during the term of this Agreement. 16) Provisions for non-United States federal entity procurements under United States federal awards or other awards (Appendix II to 2 C.F.R § 200). Participating Entities that use United States federal grant or other federal funding to purchase solutions from this Agreement 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 have additional requirements based on specific funding source terms or conditions. Within this Section, all references to "federal" should be interpreted to mean the United States federal government. The following list applies when a Participating Entity accesses Supplier's Included Solutions with United States federal funds. i) EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all agreements 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. v052824 3 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC ii) 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. Supplier must comply with all applicable Davis-Bacon Act provisions. iii) 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 inechanics 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, 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 Agreement. Supplier certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. iv) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR 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. Supplier v052824 4 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. v) 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). Supplier certifies that during the term of this Agreement it will comply with applicable requirements as referenced above. vi) 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 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. Supplier 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. vii) BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers 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. Suppliers 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). viii) RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier 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. ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier 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. x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier 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. v052824 5 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC xi) ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. xii) 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 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. xiii) FEDERAL SEAL(5), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency ofFicials without specific pre-approval. xiv) NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Agreement or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Agreement or any purchase by an authorized user. xv) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. § 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Agreement or any purchase by a Participating Entity. xvi) FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. xvii) CONFLICTS OF INTEREST. The Supplier must notify the U.S. OfFice of General Services, Sourcewell, and Participating Entity as soon as possible if this Agreement or any aspect related to the anticipated work under this Agreement raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufFicient detail so that the U.S. OfFice of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. xviii) U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. v052824 6 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC xix) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Agreement it will comply with applicable requirements of 2 C.F.R. § 200.216. xx) DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Agreement, Supplier will comply with applicable requirements of 2 C.F.R. § 200.322. Article 2: Sourcewell and Supplier Obligations The Terms in this Article 2 relate specifically to Sourcewell and its administration of this Master Agreement with Supplier and Supplier's obligations thereunder. 1) Authorized Sellers. Supplier must provide Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers which may complete transactions of Included Solutions offered under this Agreement. Sourcewell may request updated information in its discretion, and Supplier agrees to provide requested information within a reasonable time. 2) Product and Price Changes Requirements. Supplier may request Included Solutions changes, additions, or deletions at any time. All requests must be made in writing by submitting a Sourcewell Price and Product Change Request Form to Sourcewell. At a minimum, the request must: • Identify the applicable Sourcewell Agreement number; • Clearly specify the requested change; • Provide sufFicient detail to justify the requested change; • Individually list all Included Solutions affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of Pricing List with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Included Solutions offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Agreement and will be incorporated by reference. 3) Authorized Representative. Supplier will assign an Authorized Representative to Sourcewell for this Agreement and must provide prompt notice to Sourcewell if that person is changed. The Authorized Representative will be responsible for: � Maintenance and management of this Agreement; • Timely response to all Sourcewell and Participating Entity inquiries; and • Participation in reviews with Sourcewell. Sourcewell's Authorized Representative is its Chief Procurement OfFicer. 4) Performance Reviews. Supplier will perform a minimum of one review with Sourcewell per agreement year. The review will cover transactions to Participating Entities, pricing and terms, v052824 7 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC administrative fees, sales data reports, performance issues, supply chain issues, customer issues, and any other necessary information. 5) Sales Reporting Required. Supplier is required as a material element to this Master Agreement to report all completed transactions with Participating Entities utilizing this Agreement. Failure to provide complete and accurate reports as defined herein will be a material breach of the Agreement and Sourcewell reserves the right to pursue all remedies available at law including cancellation of this Agreement. 6) Reporting Requirements. Supplier must provide Sourcewell an activity report of all transactions completed utilizing this Agreement. Reports are due at least once each calendar quarter (Reporting Period). Reports must be received no later than 45 calendar days after the end of each calendar quarter. Supplier may report on a more frequent basis in its discretion. Reports must be provided regardless of the amount of completed transactions during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: � Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; � Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Sourcewell Participating Entity Account Number; • Transaction Description; • Transaction Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Transaction was invoiced/sale was recognized as revenue by Supplier. If collected by Supplier, the Report may include the following fields as available: • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; 7) Administrative Fee. In consideration for the support and services provided by Sourcewell, Supplier will pay an Administrative Fee to Sourcewell on all completed transactions to Participating Entities utilizing this Agreement. Supplier will include its Administrative Fee within its proposed pricing. Supplier may not directly charge Participating Entities to offset the Administrative Fee. 8) Fee Calculation. Supplier's Administrative Fee payable to Sourcewell will be calculated as a stated percentage (listed in Supplier's Proposal) of all completed transactions utilizing this Master Agreement within the preceding Reporting Period. For certain categories, a flat fee may be proposed. The Administrative Fee will be stated in Supplier's Proposal. 9) Fee Remittance. Supplier will remit fee to Sourcewell no later than 45 calendar days after the close of the preceding calendar quarter in conjunction with Supplier's Reporting Period obligations defined herein. Payments should note the Supplier's name and Sourcewell-assigned Agreement number in the memo; and must be either mailed to Sourcewell above "Attn: Accounts Receivable" or v052824 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. 10) Noncompliance. Sourcewell reserves the right to seek all remedies available at law for undisputed unpaid or undisputed underpaid Administrative Fees due under this Agreement. Failure to remit an undisputed payment, delinquent payments, underpayments, or other deviations from the requirements of this Agreement may be deemed a material breach and may result in cancellation of this Agreement and disbarment from future Agreements. 11) Audit Requirements. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices directly relevant to this Agreement are subject to examination by Sourcewell and the Minnesota State Auditor for a minimum of six years from the end of this Agreement. Supplier agrees to fully cooperate with Sourcewell in auditing transactions under this Agreement to ensure compliance with pricing terms, correct calculation and remittance of Administrative Fees, and verification of transactions as may be requested by a Participating Entity or Sourcewell. 12) Assignment, Transfer, and Administrative Changes. Supplier may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Sourcewell. Such consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or portions of this Agreement within its sole discretion to address corporate restructurings, mergers, acquisitions, or other changes to the Responsible Party and named in the Agreement. Any prohibited assignment is invalid. Upon request Sourcewell may make administrative changes to agreement documentation such as name changes, address changes, and other non-material updates as determined within its sole discretion. 13) Amendments. Any material change to this Agreement must be executed in writing through an amendment and will not be effective until it has been duly executed by the parties. 14) Waiver. Failure by Sourcewell or Supplier to enforce any right under this Agreement will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. 15) Complete Agreement. This Agreement represents the complete agreement between the parties for the scope as defined herein. Supplier and Sourcewell may enter into separate written agreements relating specifically to transactions outside of the scope of this Agreement. 16) Relationship of Sourcewell and Supplier. This Agreement does not create a partnership, joint venture, or any other relationship such as employee, independent contractor, master-servant, or principal-agent. 17) Indemnification. Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell, directly arising out of any act or omission in the performance of this Agreement by the Supplier or its agents or employees, unless such claim or cause of action is the result of the negligence of Sourcewell or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by a defect in design, condition, or performance v052824 9 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC of Included Solutions under this Agreement. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 18) Data Practices. Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. As it applies to all data created and maintained in performance of this Agreement, Supplier may be subject to the requirements of this chapter. 19) Grant of License. a) During the term of this Agreement: i) Supplier Promotion. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising, promotional materials, and informational sites for the purpose of marketing Sourcewell's Agreement with Supplier. ii) Sourcewell Promotion. Supplier grants to Sourcewell a royalty-free, worldwide, non- exclusive right and license to use Supplier's trademarks in advertising, promotional materials, and informational sites for the purpose of marketing Supplier's Agreement with Sourcewell. b) Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, partners, or agents (collectively "Permitted Sublicensees") in advertising, promotional, or informational materials for the purpose of marketing the Parties' relationship. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this section by any of their respective sublicensees. c) Use; Quality Control. i) Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. ii) 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. Each party may make written notice to the other regarding misuse under this section. The offending party will have 30 days of the date of the written notice to cure the issue or the license/sublicense will be terminated. d) Termination. Upon the termination of this Agreement 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 suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. 20) Venue and Governing law between Sourcewell and Supplier Only. The substantive and procedural laws of the State of Minnesota will govern this Agreement between Sourcewell and Supplier. Venue for all legal proceedings arising out of this Agreement between Sourcewell and Supplier will be in v052824 10 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC court of competent jurisdiction within the State of Minnesota. This section does not apply to any dispute between Supplier and Participating Entity. This Agreement reserves the right for Supplier and Participating Entity to negotiate this term to within any transaction documents. 21) Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Agreement is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 22) Insurance Coverage. At its own expense, Supplier must maintain valid insurance policy(ies) during the performance of this Agreement 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: a) Commercial General Liability Insurance. Supplier 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 Agreement. � $1,500,000 each occurrence Bodily Injury and Property Damage � $1,500,000 Personal and Advertising Injury •$2,000,000 aggregate for products liability-completed operations � $2,000,000 general aggregate b) Certificates of Insurance. Prior to execution of this Agreement, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Agreement. 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 provided to in an alternative manner as directed by Sourcewell. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure of Supplier to maintain the required insurance and documentation may constitute a material breach. c) Additional Insured Endorsement and Primary and Non-contributory Insurance Clause. Supplier agrees to list Sourcewell, including its ofFicers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations;' or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 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. Supplier 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 Agreement or other insurance applicable to the Supplier 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 Supplier or its v052824 11 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC subcontractors. Where permitted by law, Supplier 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 Agreement can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 23) Termination for Convenience. Sourcewell or Supplier may terminate this Agreement upon 60 calendar days' written notice to the other Party. Termination pursuant to this section will not relieve the Supplier's obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees. 24) Termination for Cause. Sourcewell may terminate this Agreement upon providing written notice of material breach to Supplier. Notice must describe the breach in reasonable detail and state the intent to terminate the Agreement. Upon receipt of Notice, the Supplier will have 30 calendar days in which it must cure the breach. Termination pursuant to this section will not relieve the Supplier's obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees. Article 3: Supplier Obligations to Participating Entities The Terms in this Article 3 relate specifically to Supplier and a Participating Entity when entering transactions utilizing the General Terms established in this Master Agreement. Article 1 General Terms control over any conflict with this Article 3. Where this Master Agreement is silent on any subject, Participating Entity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Quotes to Participating Entities. Suppliers are encouraged to provide all pricing information regarding the total cost of acquisition when quoting to a Participating Entity. Suppliers and Participating Entities are encouraged to include all cost specifically associated with or included within the Suppliers proposal and Included Solutions within transaction documents. 2) Shipping, Delivery, Acceptance, Rejection, and Warranty. Supplier's proposal may include proposed terms relating to shipping, delivery, inspection, and acceptance/rejection and other relevant terms of tendered Solutions. Supplier and Participating Entity may negotiate final terms appropriate for the specific transaction relating to non-appropriation, shipping, delivery, inspection, acceptance/rejection of tendered Solutions, and warranty coverage for Included Solutions. Such terms may include, but are not limited to, costs, risk of loss, proper packaging, inspection rights and timelines, acceptance or rejection procedures, and remedies as mutually agreed include notice requirements, replacement, return or exchange procedures, and associated costs. 3) Applicable Taxes. Participating Entity is responsible for notifying supplier of its tax-exempt status and for providing Supplier with any valid tax-exemption certification(s) or related documentation. 4) Ordering Process and Payment. Supplier's ordering process and acceptable forms of payment are included within its Proposal. Participating Entities will be solely responsible for payment to Supplier and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. v052824 12 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 112624-TTC 5) Transaction Documents. Participating Entity may require the use of its own forms to complete transactions directly with Supplier utilizing the terms established in this Agreement. Supplier's standard form agreements may be offered as part of its Proposal. Supplier and Participating Entity may complete and document transactions utilizing any type of transaction documents as mutually agreed. In any transaction document entered utilizing this Agreement, Supplier and Participating Entity must include specific reference to this Master Agreement by number and to Participating Entity's unique Sourcewell account number. 6) Additional Terms and Conditions Permitted. Participating Entity and Supplier may negotiate and include additional terms and conditions within transaction documentation as mutually agreed. Such terms may supplant or supersede this Master Agreement when necessary and as solely determined by Participating Entity. Sourcewell has expressly reserved the right for Supplier and Participating Entity to address any necessary provisions within transaction documents not expressly included within this Master Agreement, including but not limited to transaction cancellation, dispute resolution, governing law and venue, non-appropriation, insurance, defense and indemnity, force majeure, and other material terms as mutually agreed. 7) Subsequent Agreements and Survival. Supplier and Participating Entity may enter into a separate agreement to facilitate long-term performance obligations utilizing the terms of this Master Agreement as mutually agreed. Such agreements may provide for a performance period extending beyond the full term of this Master Agreement as determined in the discretion of Participating Entity. 8) Participating Addendums. Supplier and Participating Entity may enter a Participating Addendum or similar document extending and supplementing the terms of this Master Agreement to facilitate adoption as may be required by a Participating Entity. Sourcewell Signed by: �y s���, COFD2A139D06489... By: Jeremy Schwartz Title: Chief Procurement Officer Date: 1/30/2025 � 6:43 PM CST The Toro Company Signed by: �vr��:t� C���- B�/� 1279�C806D184BD... � Brooke Carey Title: Federal Contracts Manager Date: 1/30/2025 � 2:12 PM CST v052824 13 Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 RFP 112624 - Grounds Maintenance Equipment and Related Attachments Vendor Details Company Name: The Toro Company Does your company conduct business under any other name? If Toro yes, please state: 8111 Lyndale Ave S Address: Bloomington, Minnesota 55420 Contact: Ryan Miller Email: ryan.miller@toro.com Phone: 330-642-7130 HST#: 41-1953040 Submission Details Created On: Monday October 14, 2024 11:17:32 Submitted On: Tuesday November 26, 2024 12:27:02 Submitted By: Ryan Miller Email: ryan.miller@toro.com Transaction #: fObca2a0-3d9e-45a8-8231-280b53539d39 Submitter's IP Address: 24.239.253.93 Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 Specifications Table 1: Proposer ldentity & Authorized Representatives (Not Scored) 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). Table 1 Specific Instructions. Sourcewell requires identification of all parties responsible for providing Solutions under a resulting master agreement(s) (Responsible Supplier). Proposers are strongly encouraged to include all potential Responsible Suppliers including any corporate affiliates, subsidiaries, D.B.A., and any other authorized entities within a singular proposal. All information required under this RFP must be included for each Responsible Supplier as instructed. Proposers with multiple Responsible Supplier options may choose to respond individually as distinct entities, however each response will be evaluated individually and only those proposals recommended for award may result in a master agreement award. Unawarded entities will not be permitted to later be added to an existing master agreement through operation of Proposer's corporate organization affiliation. Line Question Response * Item 1 Provide the legal name of the Proposer The Toro Company � authorized to submit this Proposal. 2 In the event of award, is this entity the Yes Responsible Supplier that will execute the " master agreement with Sourcewell? Y or N. 3 Identify all subsidiaries, D.B.A., authorized The Toro Company will execute the Master Agreement and use local affiliates, and any other entity that will be distributor/dealers for the perFormance. responsible for offering and performing delivery � of Solutions within this Proposal (i.e. Responsible Supplier(s) that will execute a master agreement with Sourcewell). 4 Provide your CAGE code or Unique Entity 1ZCN0 Identifier (SAM): 5 Provide your NAICS code applicable to 333112 Solutions proposed. 6 Proposer Physical Address: 8111 Lyndale Avenue South Bloomington, MN 55420-1196 7 Proposer website address (or addresses): www.toro.com 8 Proposer's Authorized Representative (name, Edric Funk title, address, email address & phone) (The Group VP, Golf, Grounds, & Irrigation representative must have authority to sign Edric.Funk@Toro.com the "Proposer's Assurance of Compliance' on behalf of the Proposer): 9 Proposer's primary contact for this proposal Ryan Miller (name, title, address, email address & phone): Govemment Contract Manager ryan.miller@toro.com 330-749-9957 10 Proposer's other contacts for this proposal, if In the event Ryan Miller cannot be reached, please email ToroGOV@toro.com. any (name, title, address, email address & phone): Table 2A: Financial Viability and Marketplace Success (50 Points) Line Question Item Response* Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 11 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested Solutions. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, professional contractors, underground construction professionals, groundskeepers, agricultural growers, rental companies, government and educational institutions, and homeowners — in addition to many leading sports venues and historic sites. Over the years, we have strengthened our position as a leading worldwide provider of turF and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in more than 125 countries around the world. The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Arizona, California, Connecticut, Florida, Massachusetts, Minnesota, Ohio, Virginia, and Ontario Canada. Most customer activity for the Commercial Division products will be with our distributor's sales force of approximately 200 Outside Sales representatives. The resources are located in every state except Alaska. We also have a network of dealers for our Landscape Contractor, Siteworks Systems, Irrigation, BOSS, and Ventrac product lines. 12 What are your company's expectations in the Our expectation is that customers will use the Sourcewell value-based contract to event of an award? purchase Toro and related equipment, in order to achieve their goals of creating and maintaining outstanding grounds and landscapes. We also expect our dedicated distributoddealer network to support Sourcewell members with superior customer service that aligns with our corporate mission. In doing so, we expect to develop new relationships with Sourcewell members and incrementally grow our sales of Toro and related equipment to government and education customers. 13 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. DO NOT PROVIDE ANY TAX INFORMATION OR PERSONALLY IDENTIFIABLE INFORMATION. The Toro Company continues to strengthen our position as a leading worldwide provider of innovative solutions for the outdoor environment, including turf, snow, irrigation, and ground-engaging equipment. Through a strong network of professional distributors, dealers, and retailers in more than 125 countries, we proudly offer a wide range of products across a family of global brands to help golf courses, professional contractors, agricultural growers, rental companies, government and education institutions, and homeowners achieve their goals. For fiscal year 2023, The Toro Company achieved $4.55 billion in net sales (a 1.0% increase over fiscal year 2022), and $443.5 million in adjusted net earnings. See attached 2023 financial_summary taken from The Toro Company's 2023 Annual Report, which is publicly available on the Toro website. 14 What is your US market share for the As we are a publicly-traded Company, Toro considers information about specific Solutions that you are proposing? market share confidential. However, below is a representation of The Toro Company revenue available in our 2023 Annual Report. Professional 81 % / Residential 19% Equipment 89% / Irrigation 11% United States 79% / International 21% 15 What is your Canadian market share for the As we are a publicly-traded Company, Toro considers information about specific Solutions that you are proposing? market share confidential. 16 Disclose all current and completed bankruptcy There are none. proceedings for Proposer and any included possible Responsible Party within the past seven years. Proposer must provide notice in writing to Sourcewell if it enters a bankruptcy proceeding at any time during the pendency of this RFP evaluation. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 17 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer the question that best applies to your organization, either a) or b). a) If your company is best described as a distributoddealedreseller (or similar entity), provide your written authorization to act as a distributoddealedreseller 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 seroices proposed in this RFP. Are these individuals your emplovees, or the emplovees of a third partv? 18 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. 19 Disclose all current and past debarments or suspensions for Proposer and any included possible Responsible Party within the past seven years. Proposer must provide notice in writing to Sourcewell if it enters a debarment or suspension status any time during the pendency of this RFP evaluation. 20 Describe any relevant industry awards or recognition that your company has received in the past five years. The Toro Company would best be described as a manufacturer. As such, Toro utilizes our channel partners (distributors/dealers) to provide service and support to our end-user customers. For our Commercial Division, which accounts for the majority of our Government Contracts business, we have 23 distributors throughout the United States and Canada with many satellite offices to meet member needs. They have protected territories, which allows them to make significant investments in their facilities and people to support the equipment and services they provide. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. The other brands that round out our portfolio offering also use a network of independent dealers throughout the US and Canada. These networks are not exclusive the way our Commercial Distributors are. They will handle all sales, order processing, billing, and service work for the product lines they carry. Toro products are designed and built to comply with all applicable voluntary safety and environmental standards, including ISO standards, CE standards, and exhaust and evaporative standards set by the US Environmental Protection Agency (EPA), California Air Resources Board (CARB), and the European Union. Toro products are also tested and certified by outside laboratories to comply with EMC (electro- magnetic compatibility) regulatory arrangements. The Toro Company holds a Dealer License (wholesaler) from the State of Minnesota. In addition, The Toro Company is authorized to conduct business in the following states, as well as being incorporatedin Delaware:Arkansas, California, Colorado, Florida, Hawaii, Indiana, lowa, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, and Wisconsin. Toro distributors and dealers also have the proper licenses and registrations to conduct business in the states/provinces in which they operate. In an effort to achieve our vision of becoming the most trusted leader in solutions for outdoor equipment, Toro requires each of our direct employee and distributor salespeople to complete an extensive and ongoing training program called TSPC (Toro Sales Professional Certification) that focuses on ethical selling practices and professional sales management. We are unique in our industry in requiring this certification of orofessional standard. Toro has no suspension or disbarments to disclose. Fortune World's Most Admired Companies The Toro Company was recognized by Fortune Magazine as one of the World's Most Admired Companies for 2024. Ranking fifth in the construction and farm machinery category, this achievement reflects The Toro Company's ongoing commitment to excellence and innovation. Newsweek World's Most Trustworthy Companies Built around a culture of integrity and caring relationships, The Toro Company was named one of the World's Most Trustworthy Companies for 2023 by Newsweek. This recognition highlights the company's commitment to enriching the lives, communities and industries we serve by providing innovative solutions customers can trust. EPA WaterSenseO 2023 Excellence Award In 2023, The Toro Company received its 9th consecutive Water Excellence Award from the U.S. Environmental Protection Agency (EPA). This prestigious award recognizes companies that demonstrate a commitment to promoting water efficiency and reducing waste. WaterSense, a voluntary partnership program sponsored by EPA, is both a label for water-efficient products, programs and homes, and a resource for helping consumers learn ways to save water. Underground Construction Technology Association Community Impact Award The Underground Construction Technology Association recognized Ditch Witch, a division of The Toro Company, with the Community Impact Award in 2023 for helping to establish and facilitate water infrastructure across Africa. Worth Magazine Most Sustainable Companies 2022 In 2022, Worth Magazine identified The Toro Company as one of ten global companies across a broad range of sectors that has made sustainability part of its DNA and having an impact. Instrumental to this recognition is Toro's efforts in water stewardship and Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 electrification. The company's advanced irrigation and water management systems increase efficiency and sustainable water withdrawal for some of the world's most renowned golf courses, sports fields, greenspaces, and essential agricultural acreages. Toro has also continued to expand its suite of battery-electric and smart- connected solutions with a focus on energy efficiency, labor optimization and improved productivity. FOCUS ON ENERGYO 2022 Energy Efficiency Excellence Award for the Tomah Facility In 2022, The Toro Company facility in Tomah, Wisconsin, received the Energy Efficiency Excellence Award from Focus on Energy for reducing energy waste and environmental impact. Through a 20-year partnership with Focus on Energy, The Toro Company has worked to advance the energy efficiency of operating equipment and manufacturing processes to support Focus on Energy's commitment to eliminate energy waste in Wisconsin. Heavy Equipment Guide, Top Product in 2020: The Toro e-Dingo Small machines that rental houses and contractors want for versatile use both indoors and outdoors and in areas with noise and emissions reduction needs are the perfect proving ground Innovative Iron Awards, 2020 The Toro e-DingoSelected as a"game-changer" for its zero emissions and lithium-ion battery. Rental Equipment Register (RER) — The Toro e-Dingo received the following Innovative Product Awards: Winner in the Earthmoving category, and Silver winner in Overall. Rental Magazine 2020 Editor's Choice Award The Toro e-Dingo. The Rental 2020 Editor's Choice Awards represent the equipment rental industry's best products gaining interest from end-users and rental professionals alike. Rental's editorial staff chose products based on several factors including innovation, utility for the rental market, and audience engagement online at ForConstruction Pros. com/Rental Innovative Iron Awards, 2019 — The Toro TRX Trencher Selected one of the most innovative products in the equipment classes include all compact equipment, including skid steers, mini excavators, backhoes, telehandlers, tractors, aerial lifts, UTVs, and components like engines, hydraulics, and software. Green Industry Pros, Editor's Choice Award, 2019 — The Toro TRX Trencher Chosen For Innovation, Dependability, Audience engagement online at GreenlndustryPros.com, and from end-users and landscape professionals alike. Heavy Equipment Guide, Top Product in 2020: The Toro Dingo TXL 2000 As the industry's biggest ride-on utility loader, Toro's Dingo TXL 2000 fits into a smaller class of equipment but has the capability of small skid steers or compact track loaders. The Toro Company received the AE50 award for our innovative engineering of the NEW Toro Outcross in Feb. 2019. Awards are presented at ASABE's annual Agricultural Equipment Technology Conference (AETC). The award-winning products are also highlighted in a special issue of ASABE's Resource magazine and given by the American Societv of Aq and Bioloaical Enqineers. 21 What percentage of your sales are to the As we are a publicly-traded Company, Toro considers information about our governmental sector in the past three years? customers confidential. However, below is a representation of The Toro Company revenue available in our 2023 Annual Report. Professional 81 % / Residential 19% Equipment 89% / Irrigation 11% United States 79% / International 21% 22 What percentage of your sales are to the As we are a publicly-traded Company, Toro considers information about our education sector in the past three vears? customers confidential. 23 List all state, cooperative purchasing agreements that you hold. What is the annual sales volume for each of these agreement over the past three years? State Contracts - AK, HI, KS, KY, MO, MT, NE, NM, RI, SD, WV, WI, MA, NY, VA. Many of our Distributor partners hold additional state and local contracts directly. Cooperative Contracts - Sourcewell, OMNIA Partners, Kinetic, GovMVMT Sourcewell - 2021 - $12mi1 / 2022 - $30 mil / 2023 - $41 mil As we are a publicly traded Company, the detailed sales information for our other contract partners is considered confidential. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 24 List any GSA contracts or Standing Offers Contract # 47QSMS25DOOOU and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 2B: References/Testimonials Line Item 25. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name ` Contact Name * Phone Number * City of Cedar Rapids Joy Huber 319-286-5886 Sarasota County General Services Erinn DeJonge 941-861-0733 Letter Attached - 'Sarasota Reference' Town of Markham Albert Chan 905-477-2700; 2041 Table 3: Ability to Sell and Deliver Solutions (150 Points) 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. Line Question Item 26 Sales force. 27 Describe the network of Authorized Sellers who will deliver Solutions, including dealers, distributors, resellers, and other distribution methods. Response* Toro has a national sales team of more than 50 Regional and District Sales Managers that represent our Commercial, Landscape Contractor, Irrigation, Siteworks Systems, BOSS, and Ventrac products across the United States and Canada. These representatives are assigned to various distributors and dealers to provide training, programming, and strategy for initiatives such as this one with Sourcewell. Our network of authorized sellers is the connection between Toro and the end-user customer. Most of our distributors and dealers are privately-owned companies. The sales managers of these companies lead a team of representatives responsible for selling and marketing Toro products. Every area of the United States and Canada has a representative assigned for sales coverage from one of our distributors/dealers. We have included a listing of Commercial Distributors. The local Distributor can also be found by visiting comm.toro.com/lookup and entering a ZIP code. Due to the size of the dealer networks for our other brands and divisions, which is in the thousands, local dealers can be found by visiting their respective dealer locator tools online. Dealer locator tools — BOSS - www.bossplow.com/en/Locator Golf Irrigation - www.toro.com/en/Locator — Select: Golf > Irrigation RESCOM Irrigation - www.toro.com/en/Locator — Select: Contractor > Irrigation RLC - www.toro.com/en/Locator — Select: Contractor > Mowers SWS - www.toro.com/en/Locator — Select: Contractor > Compact Utility Loaders & Attachments Ventrac - www.ventrac.com/dealers Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 28 Service force. Toro utilizes our channel partners to provide service and support to our end-user customers. For our Commercial division, we have 23 distributors in the United States and Canada with many satellite offices to meet your needs. All distributors maintain a service parts fulfillment operation and carry A, B, and C moving parts to ensure they are positioned to respond to their customer service needs. Additionally, they also maintain service facilities staffed with full-time technicians to provide services in the area to meet Toro's service level objective of 9+ in Overall Satisfaction. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. 29 Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. The Toro Company provides on-going technical training (on-line and in-person) to our channel partners ensuring the service technicians have the technical knowledge and aptitude to support advanced technology. The Toro company also provides centralized and advanced technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warranty issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns, and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customer's opinion of their service experience and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. To best serve Sourcewell members, they will work directly with their local authorized distributor/dealer for quoting, submitting orders, billing and after sale service. Sourcewell members can contact Toro directly to verify a specific distributor/dealer and/or pricing provided by our local distributor/dealers. Sourcewell members may also confirm their authorized distributor/dealer online at www.toro.com/locator. Toro will encourage and incent our authorized distributors/dealers to participate in the Sourcewell contract. Dealers are provided clear guidance for selling to Sourcewell members at the agreed-upon prices. Toro distributors/dealers supporting the Sourcewell contract are incentivized by receiving rebates from Toro for equipment sold under the Sourcewell contract. Toro distributors/dealers are required to report all Sourcewell sales and may be required to submit additional documentation to ensure compliance with the contract in order to receive their rebates. This information will be shared with Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an impeccable track record of providing this information accurately and on time since the beginning of our first contract. We understand the importance of transparency and accurate reporting for Sourcewell, and for our customer agencies. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 30 Describe in detail the process and The Toro Company's commercial sales and fulfillment model is exclusively through a procedure of your customer service distributor channel. Each distributor has protected territories, which allows them to program, if applicable. Include your make significant investments in their facilities and people. As a result, they have a response-time capabilities and contractual obligation to provide product, parts and service support to end-customers. commitments, as well as any incentives that help your providers meet your stated There is a total of 23 Commercial distributors in the United States and Canada with service goals or promises. more than 50 branch locations geographically located within territory lines to meet customer needs. All distributors maintain a parts fulfillment operation and carry A, B, and C moving parts to ensure they are positioned to respond to their customer service needs. They also maintain service facilities, brick and mortar and mobile service, that enables them to respond quickly to the customer. The majority of the distributor's service and parts staff are enrolled in Toro's RED Certified program. This comprehensive training and development program requires participants to complete both technical and soft skills to acquire service knowledge while demonstrating product competencies. Certifications can range from Level 1(L1) to Level 4(L4) depending on the functional area they work within, and the level of technical knowledge needed to support the breadth of equipment. The L1 curriculum is interactive and on-line. As the personnel advances, their amount of time invested, and depth of knowledge is expanded to include in-person training and a technical capstone. As an example, a service technicians L1 is required to complete 30+ hours of curriculum and demonstrate their knowledge and aptitude through a hands-on assessment in order to achieve a L2 or higher certification status. The Toro Company is highly vested in their channel, providing tools, resources and programs to support their people, customers, products and advance their business operation. Toro staffs a centralized technical assistance center that is exclusive to the dealer and distributor service channels. The advanced technical team is specialized in diagnostic troubleshooting and has advanced product knowledge and access to design engineers to get to root cause. Additionally, Toro will provide on-site support to distributor partners and end-customers when a product issue cannot be improved or resolved at the distributor level. In 2022, the organization expanded their reach to include level 1 end-customers support for specialized and more advanced products including; Geolink and subscription products. This has proven to increase customer response time while allowing the local technician to repurpose time to serve customer needs more quickly in-market. The centralized technical assistance center is part of a broader customer care team that provides warranty operations support and business operations consulting. Toro team members work with their channel partners to design a service operation that meets the wants and need of the customer while striving to meet established industry standard key performance indicators (KPIs). A few examples of these KPIs include a repair turn-around time (TaT) of 3-days or less, Fixing it Right the First Trip (FRFT) and Customer Overall Satisfaction (OSAT) scores above 9.0. Distributors who exceed industry standard benchmarks are recognized and rewarded through the Partners In Excellence program. It is a tremendous accomplishment and sense of pride when a channel partner is recognized among the best of the best in their peer group. 31 Describe your ability and willingness to Toro has the ability to fully support the needs (products and service) of public provide your products and services to agencies throughout the US. Sourcewell participating entities. As independent companies, our distributors/dealers have the ability to choose whether or not they participate in the Sourcewell agreement. However, Toro strongly encourages our distributors/dealers to participate in the Sourcewell agreements and provides financial support for those who do. Furthermore, most of our dealers and all of our Commercial distributors see the value of simplifying the buying process and encourage their customers to use the agreement. 32 Describe your ability and willingness to Toro has the ability to fully support the needs (products and service) of public provide your products and services to agencies throughout Canada. Sourcewell participating entities in Canada. As independent companies, our distributors/dealers have the ability to choose whether or not they participate in the Sourcewell agreement. However, Toro strongly encourages our distributors/dealers to participate in the Sourcewell agreements andprovides financial support for those who do. Furthermore, most our distributors/dealers see the value of simplifying the buying process and encourage their customers to use the agreement. 33 Identify any geographic areas of the United Toro has the ability to serve all geographic areas in the US and Canada through our States or Canada that you will NOT be fully distributor and dealer networks. serving through the proposed agreement. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 34 Identify any account type of Participating While not prevalent, we have seen a few situations where a privately operated golf Entity which will not have full access to course has an affiliated non-profit that purchases goods and services from cooperative your Solutions if awarded an agreement, contracts. As of this response, we are treating those organizations the same as any and the reasoning for this. other cooperative member. However, as Toro is heavily invested in the golf market, we do reserve the right to treat those entities different if it is deemed necessary during this contract. In the event of an awarded contract, any changes would be submitted to Sourcewell for approval and would not be implemented without an official amendment. 35 Define any specific requirements or Members in AK and HI may be subject to freight and delivery fees beyond those restrictions that would apply to our outlined in our price proposal. Any additional costs will be included in the customer's participating entities in Hawaii and Alaska quote unless otherwise coordinated with the member. and in US Territories. 36 Will Proposer extend terms of any awarded Yes master agreement to nonprofit entities? Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 Table 4: Marketing Plan (100 Points) Line Question Response * Item 37 Describe your marketing strategy for a) The Toro Company will release a Distributor Operating Bulletin (DOB) to its 20+ promoting this opportunity. Upload channel partners, endorsed by the executive sponsor Grant Young, General Manager, representative samples of your Commercial announcing the new award which will be incorporated into the Commercial marketing materials (if applicable) in Division Program Manual used by distribution. the document upload section of your response. Additionally, Toro's channel training platform, Toro University, hosts monthly webcasts and other training events where the contract will be discussed. We have been training and implementing government contracts with our distributor and dealer partners for many years. If we are awarded the Sourcewell contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide PowerPoint presentations to our distributors/dealers that are co-authored by Toro and Sourcewell. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor. b) The Toro sales and marketing team will make sales calls with our channel partners to our end users to discuss this contract and sign up new users. If awarded, our marketing department will integrate Sourcewell branding into marketing assets such as: websites, brochures, product catalogs, video/commercial content, and many other consumer facing tactics. They will also create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors to be used throughout the sales process and prominently displayed at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. c) We will continue to train our sales force and engaging the resources we need to assure the success of this contract. 38 Describe your use of technology and The Toro Company uses a variety of technologies to communicate with customers and to digital data (e.g., social media, deliver relevant and meaningful content in a timely fashion. The goal of these Marketing metadata usage) to enhance initiatives ranges from driving basic awareness of our brand and products to driving marketing effectiveness. increasing levels of engagement relating to learning about the features, advantages, and benefits of each product we sell. From websites, eNewsletters, email messaging, and videos to Social Media postings and beyond, Toro uses a wide range of tools — digital and analog - to generate interest in and drive leads to our distributor channel partners who sell and support our products locally. Toro's marketing team tracks numerous data points such as impressions, click through rate, and conversion to help make decisions regarding the use of their marketing and media spends. This allows for efficient use of funds while also making sure Toro is reaching the right audience at broadest scale. 39 In your view, what is Sourcewell's role The Toro Company's expectations of Sourcewell's role in promoting the contract would in promoting agreements arising out of include; jointly publishing a press release announcing the award, deployment of an eBlast to this RFP? How will you integrate a the Sourcewell membership announcing the new contract, and/or announcing it on the Sourcewell-awarded agreement into Sourcewell social media channels, updating The Toro Company contract on the Sourcewell your sales process? website, and that Sourcewell would promote the contract at the appropriate industry trade shows and forward any inquires directly about The Toro Company to Toro in order for The Toro Company to convert that inquire into a sale. b) Regarding the integration into our sales process, beyond those previously referenced, Toro has made the Sourcewell agreement a standard part of our onboarding training for internal and distributor/dealer personnel. As part of our discovery process with government and non-profit agencies, we are identifying and encouraging the use of the Sourcewell agreement. Our distributors/dealers see the value of the Sourcewell agreement for their organization by simplifying the buying process, and for their customers (end-users) by offering competitive pricing and simplifying the buying process on their end. A Toro/Sourcewell co-branded flier is used to highlight the benefits of the agreement and used by distributor/dealer personnel during customer calls and industry events. 40 Are your Solutions available through We do not currently offer any e-commerce solutions due to the nature of our product an e-procurement ordering process? If offering. so, describe your e-procurement We recognize the value of e-commerce and look forward to when we are able to offer our � system and how governmental and products in this way. educational customers have used it. Table 5A: Value-Added Attributes (100 Points) Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 Line Question Item Response* 41 Describe any product, equipment, The Toro Company is highly vested in their channel, providing tools, resources and programs maintenance, or operator training to support their people, customers, products and advance their business operation. Toro programs that you offer to staffs a centralized technical assistance center that is exclusive to the dealer and distributor Sourcewell participating entities. service channels. The advanced technical team is specialized in diagnostic troubleshooting Include details, such as whether and has advanced product knowledge and access to design engineers to get to root training is standard or optional, cause. Additionally, Toro will provide on-site support to distributor partners and end- who provides training, and any customers when a product issue cannot be improved or resolved at the distributor level. costs that apply. 42 Describe any technological In addition to being an industry leader with electrification, automation, and telematics, in advances that your proposed 2022, the organization expanded their reach to include level 1 end-customers support for Solutions offer. specialized and more advanced products including; Geolink and subscription products. This has proven to increase customer response time while allowing the local technician to repurpose time to serve customer needs more quickly in-market. 43 Describe any "green" initiatives that relate to your company or to your Solutions, and include a list of the certifying agency for each. Sustainability is at the forefront of The Toro Company innovation plans and is deeply rooted in our purpose - to help our customers enrich the beauty, productivity and sustainability of the land. At our corporate website we have full details of our Sustainability initiative, which is more comprehensive than a policy. The most relevant 'green' initiatives can be found on pp. 40-48 in the attached TTC 2023 Sustainability Impact Report. Alternative power, smart-connected products, and autonomous technologies are important areas of focus for us. For example, we have recently launched numerous commercial-grade lithium powered products across our portfolio from our mowing products like the Groundsmaster0 e3200 to vehicles like the Workman MDX Li. These products provide fuel savings, reduce noise levels and operating costs for our customers. In addition, we have light construction such as the e-provide customers with the ability to work indoors with zero emissions and lower noise pollution. We also recently established a new technology acceleration center, which is designed to support our development of smart-connected technologies. Key sustainability initiatives and accomplishments include: • Impacting our communities and smallholder farmers in developing countries. As part of its Land. Water. Thrive. philanthropic initiative and employee immersion experience, Toro partnered with iDE to work with smallholder farmers in Honduras to better understand their irrigation practices to help develop drip systems and water storage solutions that are affordable, sustainable, and meet the needs of both growers and their communities. • Continued focus on water stewardship. Toro was recognized by the U.S. Environmental Protection Agency with the WaterSense Excellence Award for its dedication to water management innovation and education, marking the fifth consecutive year that it has received the prestigious award. • Improving operational efficiency. Toro began its journey to implement a new energy management system to better access site energy consumption and resource efficiency at its production facilities. The new system provides real-time access to data with analytics to identify key perFormance trends and opportunities for operational efficiency, as well as energy and environmental impact reduction. • Energy-efficient technologies. With a focus on energy efficiency and developing sustainable solutions, Toro introduced several products to further expand its alternative power offerings. Examples include a new line of 60V lithium-ion products for homeowners, the Greensmaster eTriFlex hybrid riding greens mower, and the all-electric e-Dingo 500 compact utility loader. • We participate in a"closed loop" recycling partnership in CA with Revolution Plastics; this recycles our drip irrigation materials. In the first six months of the program, 381,000 pounds of materials were recycled. • Toro has replaced its printed operator manuals with online guides, in order to improve comprehension and reduce paper usage. • Our Hammerhead business introduced "Cured-in-Place Pipes' whereby aging pipes are repaired with a revolutionary bluelight LED system. Repairing rather than replacing extends the life of existing pipe networks and reduces overall landfill waste. Other sustainability-related awards include: - Wyland National Mayor's Challenge for Water Conservation Co-Sponsor - Urban Park Innovation Award - 2019 Everyday Hero Award - ISO 14001:2004 compliant Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 44 Identify any third-party issued eco- "Toro's proprietary HyperCellO battery system was designed from the ground up for outdoor labels, ratings or certifications that power equipment, not adapted from technology developed for another use. In addition, our your company has received for the built-in intelligent Battery Management System (BMS) is engineered to reduce the risk of Solutions included in your Proposal accidental shock by de-energizing the batteries by default. This also helps regulate the related to energy efficiency or battery charge, discharge and temperature, which helps prolong the life of the battery. conservation, life-cycle design (cradle-to-cradle), or other Toro's proprietary HyperCellO battery system is third-party certified by a Nationally green/sustainability factors. Recognized Testing Labratory. Third-party certification is a way to verify that a product or component meets the appropriate industry and product safety standards. The battery chargers Toro uses for electric products meet the California Energy Commission (CEC) energy efficiency standards and are labeled with the ""BC"" mark. They also meet the U.S. DOE and NRCAN energy efficiency standards." 45 What unique attributes does your Toro is unique in the breadth of products it can offer through its comprehensive company, your products, or your distributor/dealer network to Sourcewell members under this contract. Sourcewell members will services offer to Sourcewell be able to obtain, from a single Toro distributor/dealer, utility vehicles, rotary mowers, reel participating entities? What makes mowers, turf cultivation, walk-behind trenchers, ride-on vibratory plows, irrigation products, your proposed solutions unique in synthetic turf grooming equipment, and a variety of turf renovation, tree care, compaction, your industry as it applies to concrete, and masonry equipment. This wide range of products available from a single Sourcewell participating entities? dealer provides Sourcewell members that have varying equipment needs with the extra efficiency of working with a single, knowledgeable dealer. As an organization, Toro is focused on providing and developing Turf specific products. Toro is unique in its focus and support of the Turf Industry. 46 Describe the safety features your equipment offers such as emergency stop, operator presence control, roll over protection systems, guarding, noise reduction, stability controls, waming lights, etc. 47 Describe any ergonomic features your equipment has such as anti- vibration, suspension and swivel seating, adjustable handles, ergonomic control layout for ease of reach, padded shoulder straps or harnesses, easy pull-start cords, etc. 48 Describe features your equipment offers that positively impact the environment such as low-emission engines, battery powered and electric, eco-mode settings, biodegradable fuel use, water conservation technology, solar powered charging capability, smart technology, auto-shut off/no-idling systems, etc. Toro equipment is designed with operator safety in mind, integrating industry standard safety features. As Toro continually strives to improve the safety of our operators, below are a couple examples of innovative safety solutions - - Automatic applied parking brake on many products. For Reelmaster 5410, 5510, 5610 and Groundsmaster 4300 the parking brake is automatically applied when key is turned off or when an operator gets out of the seat. The parking brake can also be applied with a switch located on the operator console. This feature is also on the Greensmaster 3360 and 3370 and some vehicles. - Operator bump stop on the control console of the ProCore 648s, ensuring the machine comes to a quick stop if contact is made. Our products are engineered with the customer in mind. The individuals responsible for the development of these products have spent a considerable amount of time using them, giving them a deep appreciation for the importance of ergonomics in the producYs design. This results in purposefully designed products, from handheld equipment to vehicles. Toro's Vista Series Passenger Vehicles have been designed from the ground up specifically for all-day, dependable, and comfortable transport. From the ergonomically designed seating system that provides generous legroom, to the independent suspension and coil over shocks creating a smooth ride, to hydraulic disk brakes that execute smooth, consistent stopping, the Vista Series is about comfortable transportation for our customers. Our Revolution Backpack from the Professional Handheld product line is built for comfort during all-day jobs. As the power source (battery storage) for our leaf blower, string trimmer, and hedge trimmer, it is essential that our customers are comfortable wearing this unit all- day. This is why it was designed with adjustable, padded shoulder straps and hip-belt along with a convenient integrated carrying handle. This next example is not included in the contract as it is from our homeowner product line, but it is a favorite in my household and is a testament to the ergonomic focus of Toro's engineers. Our walk behind mower includes two features that allow my 9-year-old to mow our lawn, which has a 17° slope, and do it well. First, the motor adjusts the speed of the wheels based on the pressure placed on the handle. It then adjusts the speed of the blade based on the speed of the unit and the thickness of the grass being cut. These features not only create a cut that is better than our previous mower, but allows it to be done quicker, and with significantly less fatigue. Toro is focused on managing greenspaces in an environmentally friendly way. Highlighting this focus is the breadth of battery powered equipment we have in our portfolio. Below is a list of products that highlight our commitment to battery and/or hybrid options. This list is not exhaustive. There are also attachments with further information on each product, the corresponding attachment name is in parentheses. - Handheld equipment like blowers and trimmers (Handheld_Sourcewell) - Professional grade rotary mower (e3200 Sourcewell) - Golf Course mowers (Fairway_Sourcewell, & Greens_Sourcewell) - Walk behind products (Walk-behind_Sourcewell) - Utility Vehicles (GTX Sourcewell) - People movers (Vista_Sourcewell) Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 49 Describe the serviceability of the MyTurf Pro is a powerFul and easy-to-use, application that seamlessly connects customer products included in your proposal assets and corresponding maintenance program, regardless of brand. Providing customer (parts availability, warranty and teams with the tools to become more efficient by automating routine tasks, easily ordering technical support, etc.) parts, managing maintenance assignments, and tracking task completion. "At a glance" overviews keep leaders informed of asset status. Toro Genuine Parts Reliability — Most local distributors deliver parts within 24 hours. Toro backs this promise with 48-hour delivery support Toro MVP kits - Toro provides Maintenance Value Performance (MVP) Kits for many common maintenance jobs, including filter change kits, hydraulic hose replacement kits, cutting unit overhaul kits, roller rebuild kits, and more. All the required parts are included in a single package to make ordering and completing the job easier and less expensive. Whether customers are rebuilding rollers, replacing hydraulic hoses, or overhauling their cutting units, Toro MVP Kits make it simple to order all the necessary parts for the job. Table 5B: Value-Added Attributes Line Question Certification Offered Comment Item 50 Select any Women c' Yes As a large, publicly traded company, we do not hold any or Minority Business r No relevant certifications. However, while the data is not publicly Entity (WMBE), Small available, we do maintain a Small Business Spending plan as Business Entity part of our GSA contract and partner with SDVOSB's while (SBE), or veteran serving Veteran's Affairs entities and certain Military affiliated owned business golf courses. certifications that your company or hub partners have obtained. Upload documentation and a listing of dealerships, HUB partners or re- sellers if available. Select all that apply. 51 Minority Business C' Yes NA � Enterprise (MBE) l: No 52 Women Business C' Yes NA Enterprise (WBE) G No 53 Disabled-Owned C' Yes NA Business Enterprise C: No (DOBE) 54 Veteran-Owned C' Yes NA Business Enterprise C' No (VBE) 55 Service-Disabled C" Yes NA Veteran-Owned C: No Business (SDVOB) 56 Small Business C' Yes NA Enterprise (SBE) G No 57 Small Disadvantaged C' Yes NA Business (SDB) C: No 58 Women-Owned Small C' Yes NA � Business (WOSB) C: No Table 6: Pricing (400 Points) Provide detailed pricing information in the questions that follow below. Line Item 59 Question Describe your payment terms and accepted payment methods. Response* Standard payment terms are 0% 30 days for cash, check, and EFT payments. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 60 Describe any leasing or financing options available for use by educational or governmental entities. Multiple leasing and financing options are supported by Toro and available from Toro distributors and dealers. Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. As of this submission, Toro has partnership agreements in the US with PNC Equipment Finance and TCF Equipment Finance, as well as DLL who focuses on State and Local Government (SLG) Financing, see attachment DLL Muni Brochure for more information in the form of a FAQ. Because of these relationships, we have developed documents to help streamline the process for our tax-exempt customers. This includes the credit application, approval, and non-appropriation language. This nationwide team of finance professionals has an in- depth understanding of tax-exempt financing. Current program offerings are provided to our channel partners on a monthly or quarterly basis. In Canada, Toro's distributors hold direct relationships with financial institutions. Our other brands and divisions provide leasing and financing options as well, details can be found at the local dealer. 61 Describe any standard transaction documents that you As order processing and invoicing are handled by the local dealer, propose to use in connection with an awarded agreement we do not have any standard transaction documents. (order forms, terms and conditions, service level agreements, etc.). Upload all template agreements or transaction documents which may be proposed to Participating Entities. 62 Do you accept the P-card procurement and payment Most of Toro's authorized distributors/dealers are able to accept P- process? If so, is there any additional cost to Sourcewell card procurement and payments. Additional fees may apply to participating entities for using this process? purchases made using p-card procurement. 63 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. 64 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Our proposed pricing model is discount by category. Most of our categories are percentage discount off MSRP, with two flat-rate discounts on specific categories. In addition to listing out those discounts in question 64, you will find them attached as Sourcewell Pricing_Matrix_Toro. This sheet is intended to be posted in the event of an award, as it is on our current contract landing page. For reference, Toro also provides an MSRP file with each product categories' discount clearly listed. This file contains SKU information for convenience. You will find an example in attached - Sourcewell_MSRP RFP.DRAFT As we are only able to upload one file for Pricing, these two items have been combined. The first page is the pricing matrix that will be posted to our contract landing page in the event of an award. To remain consistent with the current Sourcewell contract, ceiling orice is contract orice at time of deliverv. Commercial Equipment 22% Specialty Vehicles 7% Bullseye 5% LCE 27% LCE Snow 20% Sidewalk Base $500 off Sidewalk Atch $150 off Liquid De-Ice 10% Truck Plows 25% Truck Spreaders 25% Compact Equipment 25% Heavy Equipment 25% Golf Irrigation 40% ResCom 40% Toro Dxi 35% Rain Master Controllers 35% Rain Master Controller Parts 0% 4520 Series 8% 2120 Series 3% SiteWorks Systems (SWS) - 17% Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 65 Describe any quantity or volume discounts or rebate programs that you offer. 66 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open markeY' items or "non-contracted items". For example, may supply such items "at cosY' or "at cost plus a percentage," or you may supply a quote for each such request. 67 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. Due to the breadth of product offering and the use of local independent dealerships, we do not offer a blanket volume discount. Toro does understand the value, so we have extended the option for our Commercial Distributors to offer another program to municipal customers if they choose. This program is a free goods program that extends a set dollar amount based on the total award value of product purchased on a single PO. Details of the current program can be requested from the local dealer. Attached are the details of the program as of this submission. SmartValue Nov24 Our network of independent dealers carry an array of related products. When a Sourcewell member chooses to include those you items, they will - - be clearly labeled as open-market - not exceed the MSRP of that item - have any setup, delivery, or freight charges clearly labeled SETUP When an order involves setup charges, it will be — a) Determined by the delivering dealer b) Clearly labeled as such unless otherwise requested by the customer. - In the event a quote is a lump-sum total, or other method that does not show line-item details, line-item details will be used to determine the contract price and will be available upon request. c) Calculated using one of the following methods - 1) Manufacturers Setup Time x Dealers posted labor rate, or 2) 5% of the total product cost, with an additional 5% for cabbed units Different methods are required due to the wide array of products „ being offered. Setup charges are consistent with market standards. TRAINING Standard training on equipment is included at time of delivery. If a customer requests additional training, either beyond standard operators training or at a time other than delivery, associated costs will be determined with the local dealer. INSTALLATION Many of our products can be installed on customer owned vehicles. While this service is available, due to the variety of factors involved in those type of sales, installation costs for contracted products on customer supplied vehicles will be determined with the local dealer and will be discussed up front and included on any quote. 68 If freight, delivery, or shipping is an additional cost to the Freight is included for products within the Commercial Equipment Sourcewell participating entity, describe in detail the category with a delivery address within the continental US. All other complete freight, shipping, and delivery program. product categories may incur freight charges, which will be discussed with the customer up front and included on any quote. Delivery is not included. Standard delivery fees will not exceed 5% of the total cost of goods. Non-standard delivery charges will be discussed with the customer up front and included on any quote. 69 Specifically describe freight, shipping, and delivery terms or Discounts on products will remain the same for Alaska, Hawaii, or programs available for Alaska, Hawaii, Canada, or any any offshore delivery. Freight costs for those sales will be offshore delivery. determined by the local dealer and clearly communicated to the customer up front and included in any quote. 70 Describe any unique distribution and/or delivery methods or Our Commercial Distributors are established partners in their areas options offered in your proposal. of geographic coverage. This allows them to maintain a local inventory. Our Distributor partners have facilities throughout the US and Canada ranging from 10,000 sqft to 150,000 sqft. This allows customers to have the most efficient access to available products in their market. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 71 Specifically describe any self-audit process or program that As our sales process relies on the local dealer/distributor for quoting, you plan to employ to verify compliance with your ordering, and invoicing, we front load the pricing verification step. proposed agreement with Sourcewell. This process includes Each of our divisions provide their dealer network with current ensuring that Sourcewell participating entities obtain the Sourcewell pricing that is required to be used until it is updated. proper pricing. For example, our Commercial products are loaded into our quoting system that contains Sourcewell Pricing managed by Toro. This allows our distributors to simply choose the Sourcewell Program pricing, and it will automatically pull the current contract price. We also include contact information on our contract landing page to reach out directly to a Toro Representative to validate a quote is in compliance with the Sourcewell contract. Toro will be paying all administrative fees, and we understand the value of proper reporting. To accomplish this, Commercial distributors are incentivized to submit accurate and timely reports. The Toro Company has a long history of accurate and timely reporting and administrative fee payments with Sourcewell and our other contract partners. 72 If you are awarded an agreement, provide a few examples Through Toro's Partners in Excellence (PIE) program, Toro measures of internal metrics that will be tracked to measure whether specific areas of the business, year after year, and provides tangible you are having success with the agreement. ways for both Toro, and our distributor/dealer partners to see what we're doing well and what areas need improvement. Scores are „ based on things such as customer satisfaction, parts and product availability, service, and growth. These, along with contract utilization metrics will be used to measure the success of the Sourcewell contract. 73 Provide a proposed Administration Fee payable to Toro will pay a 1% Administrative fee on the total award price for Sourcewell. The Fee is in consideration for the support the sale of all contracted products. and services provided by Sourcewell. The propose an Administrative Fee will be payable to Sourcewell on all completed transactions to Participating Entities utilizing this „ Agreement. The Administrative Fee will be calculated as a stated percentage, or flat fee as may be applicable, of all completed transactions utilizing this Master Agreement within the preceding Reporting Period defined in the agreement. Table 7: Pricing Offered Line The Pricing Offered in this Proposal is: * Comments Item 74 The pricing offered is as good as or better than pricing typically offered through existing cooperative contracts, state NA contracts, or agencies. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 Table 8A: Depth and Breadth of Offered Solutions (200 Points) Line Question Response * Item 75 Provide a detailed description of all the Toro offers a full line of irrigation, synthetic turf maintenance, and mowing equipment Solutions offered, including used, offered in from 21" rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, the proposal. aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero-turn mowers, four-wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field, or general grounds maintenance. • SPORTS FIELDS AND GROUNDS EQUIPMENT Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, irrigation products, turf cultivation equipment, and synthetic maintenance equipment. • GOLF COURSE MAINTENANCE EQUIPMENT Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment, turf cultivation equipment, and irrigation equipment. • RELATED EQUIPMENT PARTS Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. • OTHER BRANDS Toro is also including other brands under the The Toro Company; Boss, Bullseye, Siteworks, and Ventrac. These product lines round out our ground maintenance portfolio to create the most comprehensive Grounds Equipment offering we have found in the market. • USED EQUIPMENT Each of our distributors provides access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) 76 Within this RFP category there may be a) Walk-Behind Rotary Mowers b) Zero-Radius Rotary Mowers c) Wide-Area Rotary subcategories of solutions. List subcategory Mowers d) Walk-Behind Reel Mowers titles that best describe your products and e) Commercial and Wide-Area Reel Mowers fl Walk-Behind and Ride-On Greens services. Mowers g) Utility Vehicles h) Utility Tractors i) Turt Cultivation Equipment j) Turt Application Equipment k) Debris � Management Equipment I) Infield Groomers m) Compact Utility Loaders n) Residential / Commercial Irrigation o) Sentinel Irrigation Products p) Irritrol Irrigation Products q) Large Commercial Rotors r) Rainmaster Irrigation Wholegoods s) Rainmaster Irrigation Parts/Accessories t) Golf Irrigation u) Snow & Ice Removal Equipment v) Synthetic Turf Maintenance Equipment Table 8B: Depth and Breadth of Offered Solutions Indicate below if the listed types or classes of Solutions are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered * Comments 77 Lawn and garden equipment for all types of lawn, C: Yes Toro provides a wide variety of lawn field and turf care, golf course, landscape, � No and garden equipment, attachments, sidewalk, walking path, and parking lot and accessories. Including, but not maintenance, and snow removal limited to lawnmowers, utility tractors, " utility vehicles, snow removal equipment, and golf course maintenance equipment. 78 Irrigation and aeration equipment, systems, parts, � Yes Toro provides a wide variety of and installation r No Residential, Commercial, and Golf Course Maintenance equipment, parts, " repair, and installation services for both new and renovation projects. 79 Beach and waterFront maintenance equipment and C: Yes Toro provides a wide variety of beach accessories � No and waterFront maintenance equipment and accessories that include, but are „ not limited to infield groomers, utility tractors, utility vehicles, and Debris Management Equipment. Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 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. 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." • Pricin - Sourcewell_Pricing_Combined.pdf - Friday November 22, 2024 08:54:41 « Financial Strenqth and Stability - 2023_financial_summary.pdf - Friday November 15, 2024 15:35:46 • Marketinq Plan/Samples - Toro Sourcewell_Sell Sheet_4_24.pdf - Friday November 15, 2024 15:39:41 + WMBE/MBE/SBE or Related Certificates (optional) « Standard Transaction Document Samples (optional) + Requested Exceptions - Master Agreement_Grounds_Maintenance_Eqt_RFP_MD red.docx - Thursday November 21, 2024 05:55:26 + Upload Additional Document - TTC_Sourcewell_Zipped.Files.zip - Friday November 22, 2024 10:23:20 Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 Addenda, Terms and Conditions PROPOSER AFFIDAVIT OF COMPLIANCE I certify that I am an authorized representative of Proposer and have authority to submit the foregoing Proposal: 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 award. 3. The Proposer certifies that: (1) The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer or competitor relating to- (i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this Proposal have not been and will not be knowingly disclosed by the Proposer, directly or indirectly, to any other Proposer or competitor before award unless otherwise required by law; and (3) No attempt has been made or will be made by Proposer to induce any other concern to submit or not to submit a Proposal for the purpose of restricting competition. 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 is created when a current or prospective supplier is unable to render impartial service to Sourcewell due to the supplier's: a. creation of evaluation criteria during performance of a prior agreement which potentially influences future competitive opportunities to its favor; b. access to nonpublic and material information that may provide for a competitive advantage in a later procurement competition; c. impaired objectivity in providing advice to Sourcewell. 5. Proposer will provide to Sourcewell Participating Entities Solutions in accordance with the terms, conditions, and scope of a resulting master agreement. 6. The Proposer possesses, or will possess all applicable licenses or certifications necessary to deliver Solutions under any resulting master agreement. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. 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.treasury,qov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 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, 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. r 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. - Edric Funk, Group VP, Golf, Grounds, and Irrigation, The Toro Company Bid Number: RFP 112624 Vendor Name: The Toro Company Docusign Envelope ID: E3F57335-935D-4F4F-90BD-5D03C6261074 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 obligations contemplated in the solicitation proposal. � Yes � 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. File Name Addendum 6 Grounds Maintenance Eqpt RFP Tue November 12 2024 03:29 PM RFP 112624 Grounds Maintenance Equipment Pre-Proposal Recording Link Mon November 11 2024 08:17 AM Addendum 5 Grounds Maintenance Eqpt RFP Fri November 8 2024 10:31 AM Addendum 4 Grounds Maintenance Eqpt RFP Mon November 4 2024 04:03 PM Addendum 3 Grounds Maintenance Eqpt RFP Mon October 28 2024 03:53 PM Addendum 2 Grounds Maintenance Eqpt RFP Wed October 16 2024 08:40 AM Addendum 1 Grounds Maintenance Eqpt RFP Wed October 9 2024 07:54 AM I have reviewed the below addendum and pages attachments (if applicable) r 1 r 1 r 2 r 1 r 2 r 2 r 2 Bid Number: RFP 112624 Vendor Name: The Toro Company Sourcewell Contract # 112624-TTC | Amendment #1 Page 1 of 2 AMENDMENT #1 TO CONTRACT # 112624-TTC THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and The Toro Company (Supplier). Sourcewell awarded a contract to Supplier to provide Grounds Maintenance Equipment and Related Attachments to Sourcewell and its Participating Entities, effective January 30, 2025, through January 31, 2029 (Contract). The parties wish to amend the Proposal to ensure compliance with Sourcewell’s Procurement Policy and standard government procurement practices. NOW, THEREFORE, the parties amend the Contract as follows: 1.Line item 64 of “Table 6: Pricing (400 Points)” of the Proposal is deleted in its entirety and replaced with the following: Toro offered discounts will range from 0%-40% off current MSRP. 2.Line item 67 of “Table 6: Pricing (400 Points)” of the Proposal is delete in its entirety and replaced with the following: SETUP When an order involves setup charges, it will be – a)Determined by the delivering distributor/dealer b)Clearly labeled as such unless otherwise requested by the customer. -In the event a quote is a lump-sum total, or other method that does not show line-item details, line-item details will be used to determine the contract price and will be available upon request. c)Calculated using one of the following methods - 1) Manufacturers Setup Time x Distributor/Dealer posted labor rate, or 2) 5% of the total product cost, with an additional 5% for cabbed units Different methods are required due to the wide array of products being offered. Setup charges are consistent with market standards. Sourcewell Contract # 112624-TTC | Amendment #1 Page 2 of 2 TRAINING Standard training on equipment is included at time of delivery. If a customer requests additional training, either beyond standard operators training or at a time other than delivery, associated costs will be determined with the local dealer. INSTALLATION Many of our products can be installed on customer owned vehicles. While this service is available, due to the variety of factors involved in those type of sales, installation costs for contracted products on customer supplied vehicles will be determined with the local dealer and will be discussed up front and included on any quote. Installation/setup for autonomous solutions can be added at the discretion of the distributor, not to exceed 10% of the total product cost. Except as amended by this Amendment, the Contract remains in full force and effect. Sourcewell The Toro Company By: By: Jeremy Schwartz, Chief Operating Officer Brooke Carey, Federal Contracts Manager Date: Date: Exhibit C Conflict of Interest Questionnaire this page intentionally left blank Cooperative Purchasing Agreement 6 of 6 v. 1.0 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Professional Turf Products, LP 2 � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? � Yes x� No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? � Yes � No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. s ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 7z��r�1 �, . io/27/Zo2s oavtd r u(octn, zozs izia:a9 corJ �aVICl I,aU, C�110f i' 111aIlCla� �fF1C0P Signature of vendor doing business with the governmental entity Date Form provided byTexas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-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 subject 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 conducted 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 � 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: ��� (2) the vendor: (A) has an employment or other business relationship with the local government 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 governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, 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 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with 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 enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals 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 more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 6/24/2025 REFERENCE NO.: **M&C 25-0653 LOG NAME: CODE: P TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas ��RT��'ORTII _�v 80GOLF COURSE EQUIPMENT NO SUBJECT: (ALL) Authorize the Execution of Cooperative Agreements with Toro Equipment Sales, Deere & Company, and Zimmerer Kubota Using Cooperative Contracts for the Purchase of Agricultural Equipment for an Aggregate Amount Up to $420,533.86 and Authorize All Necessary Agreements with PNC Equipment Finance to Enter into a 60-Month Lease-to- Purchase Agreement for a Total of $420,533.86 for the Park & Recreation Department RECOMMENDATION: It is recommended that the City Council: 1) Authorize the execution of cooperative contracts with Toro Equipment Sales, Deere & Company and Zimmerer Kubota using Sourcewell Cooperative Master Agreement No. 112624, for the procurement of agricultural equipment and related items for an aggregate amount up to $820,533.86; and 2) Authorize all necessary Agreements with PNC Equipment Finance to enter into a 60-month lease- to-purchase agreement for a total of $420,533.86 for the purchase of golf course maintenance equipment. DISCUSSION: The Park & Recreation Department requested that the Purchasing Division assist with the procurement of necessary grounds maintenance equipment required for the ongoing maintenance and upkeep of the newly renovated Meadowbrook Golf Course. Approval of this M&C authorizes the City to execute agreements with the following vendors: Professional Turf Products, United Ag & Turf,and Zimmerer Kubota and Equipment, Inc. utilizing Sourcewell Master Agreement No. 112624. Professional Turf Products (Toro) $420,533.86 United Ag & Turf (John Deere) $250,000.00 Zimmerer Kubota $150,000.00 The Park & Recreation Department's Golf Division will utilize a lease-to-purchase agreement through PNC Equipment Finance, under Master Agreement No.112624, to acquire essential equipment for the recently renovated Meadowbrook Golf Course. The purchase includes five mowers, two utility vehicles, a top dresser, and an all-purpose utility machine. This equipment will support course operations in preparation for Meadowbrook's scheduled reopening in summer 2025. The loan will be for a period of 60 months with an estimated 5.951 percent interest charge for a total of $420,533.86. Loan payments will be funded using the Municipal Golf annual operating budget. At the completion of the loan terms, the City will retain ownership of the equipment. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item(s) under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item(s). Sourcewell contracts have been competitively bid to increase and simplify the purchasing power of government entities. DVIN/Business Equity - A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. http://apps.cfwnet.org/council�acket/mc review.asp?ID=33514&councildate=6/24/2025 6/24/2025 M&C Review Page 2 of 2 Meadowbrook Golf Course is located in Council District 11, and as a specialty facility it serves all council districts. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, of the Municipal Golf Fund, and that upon adoption of Fiscal Year 2026-2030 Budgets by the City Council, funds will be available in the Fiscal Year 2026-2030 operating budgets, as appropriated, in the Municipal Golf Fund. Prior to expenditures being made, the Park and Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID , Year (Chartfield 2) Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 21 Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Dana Burghdoff (8018) Dave Lewis (5717) Additional Information Contact: ATTACHMENTS 80GOLF COURSE EQUIPMENT funds availabilitv.pdf (CFW Internal) FID TABLE Toro 4-3-2025 updated 5.23.25.xlsx (CFW Internal) Toro 1295.pdf (CFW Internal) UAT Citv of Ft Worth 1295.pdf (CFW Internal) Zimmerer Kubota & Equipment 1295.pdf (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=33514&councildate=6/24/2025 6/24/2025 M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: CODE 8/26/2025 REFERENCE N O.. P TYPE: **M&C 25- 0807 CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas ��RT��'ORTII _�v 80AMEND GOLF COURSE EQUIPMENT � SUBJECT: (ALL) Amend Mayor and Council Communication 25-0653 to Correct the Aggregate Amount by Authorizing the Execution of Cooperative Agreements with Toro Equipment Sales, Deere & Company, and Zimmerer Kubota Using Cooperative Contracts for the Procurement of Golf Course Maintenance Equipment for the Park & Recreation Department in an Annual Aggregate Amount Up to $820,533.86 RECOMMENDATION: It is recommended that the City Council amend Mayor and Council Communication 25-0653 to reflect the correct annual aggregate amount of $820,533.86. DISCUSSION: On June 24, 2025, Council approved Mayor and Council Communication (M&C) 25-0653, authorizing cooperative contracts with Toro Equipment Sales, Deere & Company, and Zimmerer Kubota using Sourcewell Cooperative Master Agreement No. 112624, and authorizing the Park & Recreation Department (PARD) to enter into a 60-month lease-to-purchase agreement with PNC Equipment Finance for the procurement of equipment from Toro Equipment Sales. The aggregate amount of the procurement was erroneously stated in the "Subject" of M&C 25-0653 as being $420,533.86; however, the aggregate amount of the procurement, inclusive of all three vendors and financing charges for the Toro Equipment Sales contract, should have been $820,533.86, as was reflected in the "Recommendation" and "Discussion" sections of M&C 25-0653. Accordingly, this M&C is intended to clarify and correct the total annual aggregate amount of the authorized procurement, which is $820,533.86, with the $420,533.86 with Toro being financed through PNC. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the approval of this recommendation has no material effect on City funds. Fund Department Account ID OM Fund Department Account ID Project Program Activlty ID Project Program Activity ID Submitted for City Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: udget Reference # Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 21 Dana Burghdoff (8018) Dave Lewis (5704) http://apps.cfwnet.org/council�acket/mc review.asp?ID=33667&councildate=8/26/2025 8/27/2025 M&C Review ATTACHMENTS 80AMEND GOLF COURSE EQUIPMENT funds availabilitv.pdf (CFW Internal) FID TABLE Toro 4-3-2025 updated 5.23.25.xlsx (CFW Internal) Toro 1295.pdf (CFW Internal) UAT Citv of Ft Worth 1295.pdf (CFW Internal) Zimmerer Kubota & Equipment 1295.pdf (CFW Internal) Page 2 of 2 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33667&councildate=8/26/2025 8/27/2025 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 �of� Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Compiete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certiticate Number: of business. 2025-1282023 Professional Turf Products, LP Euless, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/16/2025 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. contract #706-23 Toro commercial mowing and related ground maintenance equipment, and all related parts and services. 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION �wy name is David Lau , and my date of birth is 05/31 /1967 Myaddressis 1010 N. Industrial Blvd. , Euless , TX , 76039 , USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant co�ncy, state of Tarrant on the � 7 day of 03 , Zo 25. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.O.Oe302ce0 F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Professional Turf Products, LP SubjeCt of the Agreement: Authorize Execution of a new cooperative agreement with Professional Turf Products, LP for the purchase of Golf Course Equipment through PNC. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? XYes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If�different from lhe approval dale. Expiration Date: 01 /31 /2026 If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the infor7nation is required and if the information is nol provided, the contract will be returned to the department.