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Home My WebLink About064846 - General - Contract - Toter, LLCFORT WORTH CSC NO. 64846 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Toter, LLC ("Vendor") and the City of Fort Worth ("City"), a Texas home -rule municipality, individually referred to as "Party" and collectively as the "Parties." The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: OFFICIAL RECORD 1. This Cooperative Purchase Agreement; CITY SECRETARY 2. Exhibit A — Price List; FT. WORTH, TX 3. Exhibit B — Cooperative Agency Contract Sourcewell 120324-TOT; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation, or ordinance of City, the terms in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by City shall not exceed Five Million One Hundred Thousand Dollars ($5,100,000.00). Vendor shall not provide any additional items or services or bills for expenses incurred for City not specified by this Agreement unless the 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 Parties will engage in multiple transactions to purchase goods/services under this Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the subject goods/services, and the quote must conform with the then -current pricing under the underlying cooperative agreement. If the City accepts the quote and places an order for the goods/services, that quote shall be considered an addendum to this agreement but is not required to be filed in the City records. The Parties will maintain all quotes for the 3- year Audit period included herein. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager ("Effective Date") and expires on April 4, 2027, with no renewal options. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 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. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other parry, its agents, employees, servants or representatives or (2) received by the other parry by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 To VENDOR: Toter, LLC Laura P. Hubbard, Director of Municipal Sales 841 Meacham Road Statesville, NC 28677 With copy to Fort Worth City Attorney's Office Email: lhubbard@wastequip.com at the same address City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) (remainder of this page intentionally left blank) The undersigned represents and warran hat he or she has the power and authority to execu e this Agreement and bind the respective party. CITY OF FORT W TH: —aQ._W44--/L BY: Vglerie Washington (Mar 6, 2026 14:48:37 CST) Name: Valerie Washington Title: Assistant City Manager Date: APPROVAL RECOMMENDED: 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. Rat "t C.C&Ve-C>c►ytr7 By: Raquel Cleveland (Mar 6, 2026 12.25.28 CST) •77 Name: Cleveland Raquel Title: Sr Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: //� Name: James Keezell By: 2G6L '49, AZ/r Title: Assistant Director N e: Jordan P. Alvarez V no➢n pFO�F..... gad Title: Assistant City Attorney °°O oO p CONTRACT AUTHORIZATION: pnaTE4p5.o.0 By: M&C: 26-0131 Name: Jannette Goodall Date Approved: 2.24.2026 Title: City Secretary VENDOR: Toter, LLC By: Name: Laura P. Hubbard Title: Director of Municipal Sales Date: 03/06/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A - PRICE LIST Sou rcewell i Toter #120324-TOT Pricing for contract 120324-TOT offers Sourcewell participating agencies the following discounts: • Toter Residential — does not have set list pricing; therefore, offer a line -item ceiling pricing model. • Toter Pro- offers 30% off list price. Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 Sell To WQ-10367253 Contact Name Christian Harper Ship To Name City of Fort Worth Bill To Name City of Fort Worth Ship To 7801 W Cleburne Rd Bill To 100 Throckmorton St Fort Worth, TX 76133 Ste 700 USA Fort Worth, TX 76102-2837 Quick Ship USA Email christian.harper@fortworthtexas.gov Phone (817) 713-1703 Quote Information Salesperson Chance Hennig Expiration Date 3/31/2026 Salesperson Email chennig@wastequip.com Quote Number WQ-10367253 Salesperson Phone (361) 362-4485 Please Reference Quote Number on all Purchase Orders Product Product Description Description Selected Option Quantity Sales Total Price Price GARBAGE CARTS 1/3 Assembled 588 Per TL ---Body Color - (279) Brownstone ---Lid Color - (200) Black SOURCEWELL List $64.32 ---Body Hot Stamp on Both Sides (Existing) in White (Discount off List = ---Lid Hot Stamp Center - Read 10%) Base Cart $57.83 from Street (Existing) in White ---Wheels - 10in Sunburst Model 79296 - Toter 96 + Body Color (279) **Plastics - 79296 Gallon EVR II Brownstone (Granite ---Lid Insert - Read from Street 588.00 $58.83 $34,592.04 (Existing) Universal/Nestable Cart Fee Waived) ---Customer Serial Number Hot + Body HSBS S1916 Fort Worth $0.50 Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and + Lid Hot + Lid Stamp Axle Factory Installed S4284 Garbage Only --Warranty — 12 Yrs Cart Body, All other components 10 Yrs + Lid Insert B0079 + Lid Place At Curb $0.25 Sales Price $58.83 GARBAGE CARTS 1/3 Assembled 840 Per TL ---Body Color - (279) Brownstone ---Lid Color - (200) Black SOURCEWELL List $55.46 ---Body Hot Stamp on Both Sides (Existing) in White (Discount off List = ---Lid Hot Stamp Center - Read 13%) Base Cart $48.05 from Street (Existing) in White ---Wheels - 10in Sunburst Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 Model 79264 - Toter 64 **Plastics - 79264 Gallon EVR 11 Universal/Nestable Cart Model 79232 - Toter 32 **Plastics - 79232 Gallon EVR II Universal/Nestable Cart Model 79296 - Toter 96 **Plastics - 79296 Gallon EVR I I Universal/Nestable Cart + Body Color (279) Brownstone (Granite Fee Waived) + Body HSBS S1916 Fort Worth $0.50 ($0.25ea) + Lid Hot Stamp S4284 Garbage Only $0.25 + Lid Insert B0079 Place At Curb $0.25 Sales Price $49.05 GARBAGE CARTS 1/3 Assembled 1080 Per TL SOURCEWELL List $47.00 (Discount off List = 12 %) Base Cart $41.29 + Body Color (279) Brownstone (Granite Fee Waived) + Body HSBS S1916 Fort Worth $0.50 ($0.25ea) + Lid Hot Stamp S4284 Garbage Only $0.25 + Lid Insert B0079 Place At Curb $0.25 Sales Price $42.29 RECYCLE CARTS 1/3 Assembled 588 Per TL SOURCEWELL List $64.32 (Discount off List = 10%) Base Cart $57.83 + Body Color (769) Navy Granite (Granite Fee Waived) + Lid Color (715) Hawaiian Blue (Non-Std Fee Waived) + Body HSBS S1916 Fort Worth $0.50 ($0.25ea) + IML M805 Recycle Right (9.50 x 3.75) $1.95 WQ-10367253 ---Lid Insert - Read from Street (Existing) ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - (279) Brownstone ---Lid Color - (200) Black ---Body Hot Stamp on Both Sides (Existing) in White ---Lid Hot Stamp Center - Read from Rear (Existing) in White ---Wheels - 8in Sunburst ---Lid Insert - Read from Street (Existing) ---Customer Serial Number Hot Stamped on Front of Cart Body in Custom Color ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in White ---Lid Hot Stamp Insert - Read from Street (Existing) in White ---Lid Graphic (IML) Position - Center of Lid, Read from Street ---Lid Graphic (IML) - 3.5 x 9.75 ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs 840.00 $49.05 $41,202.00 1,080.00 $42.29 $45,673.20 588.00 $60.53 $35,591.64 Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 "Plastics - 79264 **Plastics - 79232 Model 79264 - Toter 64 Gallon EVR II Universal/Nestable Cart Model 79232 - Toter 32 Gallon EVR II Universal/Nestable Cart + Lid Insert B0079 Place At Curb $0.25 Sales Price $60.53 RECYCLE CARTS 1/3 Assembled 840 per TL SOURCEWELL List $55.46 (Discount off List = 13%) Base Cart $48.05 + Body Color (769) Navy Granite (Granite Fee Waived) + Lid Color (715) Hawaiian Blue (Non-Std Fee Waived) + Body HSBS S1918 Fort Worth $0.50 ($0.25ea) + IML M805 Recycle Right (9.50 x 3.75) $1.95 + Lid Insert B0079 Place At Curb $0.25 Sales Price $50.75 RECYCLE CARTS 1/3 Assembled 1080 Per TL SOURCEWELL List $47.00 (Discount off List = 12 %) Base Cart $41.29 + Body Color (769) Navy Granite (Granite Fee Waived) + Lid Color (715) Hawaiian Blue (Non-Std Fee Waived) + Body HSBS S1916 Fort Worth $0.50 ($0.25ea) + IML New (9.50 x 3) $1.95 + Lid Insert B0079 Place At Curb $0.25 Sales Price $43.99 WQ-10367253 ---Body Color - (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) ---Lid Graphic (IML) Position - Center of Lid, Read from Street ---Lid Graphic (IML) - 3.5 x 9.75 ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in White ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - (769) Navy Granite ---Lid Color - (715) Hawaiian Blue ---Body Hot Stamp on Both Sides (Existing) in White ---Lid Hot Stamp Insert - Read from Street (Existing) in White ---Lid Graphic (IML) Position - Center of Lid, Read from Street ---Wheels - 10in Sunburst ---Customer Serial Number Hot Stamped on Front of Cart Body in Custom Color ---1/3 Assembled with Stop Bar and Axle Factory Installed ---Warranty — 12 Yrs Cart Body, All other components 10 Yrs 840.00 $50.75 $42,630.00 1,080.00 $43.99 $47,509.20 YARD CARTS 1/3 Assembly 588 per truckload Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10367253 Body/Lid color: 920 Kelly Green ---Body Color - Custom ---Lid Color - Custom SOURCEWELL List ___Body Hot Stamp on Both Sides $64.32 (Existing) in White (Discount off List = ___Lid Hot Stamp Center - Read 10%) from Street (Existing) in White Base Cart $57.83 ___Wheels - 10in Sunburst Model 79296 - Toter 96 + Body Color (920) ___Lid Insert - Read from Street '"Plastics - 79296 Gallon EVR II Kelly Green (Non-Std (Existing) Universal/Nestable Cart Fee Waived) ---Customer Serial Number Hot + Lid Color (920) Kelly Stamped on Front of Cart Body in Green (Non-Std Fee White Waived) ---1/3 Assembled with Stop Bar and + Body HSBS S2131 Axle Factory Installed Yard Cart $0.50 ___Warranty — 12 Yrs Cart Body, All ($0.25ea) other components 10 Yrs + Lid Hot Stamp S4282 Yard Waste Only $0.25 + Lid Insert B0079 Place At Curb $0.25 Sales Price $58.83 SECURE SHRED CASTER CARTS Fully Assembled Model CDC96 --Secure Document Cart - 96 gallon List Price $521.76 / Barrel Lock (Discount off List = - 2- Non braking casters 30%) Secure Document Dimensions: 36 1 x 29.75 Base Cart $365.24 ---Body Color - (129) Graystone Cart-96 Gallon / w x 46 h + Body Color (129) ---Lid Color - (125) Gray Barrel lock - Load Rating: 335 Ibs/152 Graystone (no charge) kg - CU FT: 28.51 --Ship Wt: + Lid Color (125) Gray 47 Ibs (no charge) + Body HSBS $0.50 ($0.25ea) Sales Price $365.74 SECURE SHRED CASTER CARTS Fully Assembled Model CDC64 --Secure List Price $442.46 Document Cart (Discount off List = - 64 gallon / Barrel Lock 30%) --Non braking casters Base Cart $309.72 ___Body Color - (129) Graystone Secure Document __Dimensions: 32 1 x 24.25 + Body Color (129) ___Lid Color - (125) Gray Cart-64 Gallon / w x 44.5 h Graystone (no charge) ---Bod Hot Stamp on Both Sides y p Barrel lock --Load Rating: 224 (Existing) in White Ibs/101.6 kg + Lid Color (125) Gray --CU FT: 19.98 (no charge) --Ship Wt: 38.5 Ibs 588.00 $58.83 $34,592.04 1.00 $365.74 $365.74 1.00 ' $310.22 $310.22 Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 Plastics - Freight Per Cart Plastics - Freight Per Cart Plastics - Freight Per Cart + Body HSBS $0.50 ($0.25ea) Sales Price $310.22 Freight per Cart Freight per cart for TL of 96G Carts Freight per Cart Freight per cart for TL of 64G Carts Freight per Cart Freight per cart for TL of 32G Carts WQ-10367253 Payment Terms Net 30 Days if credit has been established Subtotal $286,773.60 Shipping Terms FOB Origin Tax $23,658.82 Grand Total $310,432.42 Special Instructions Special Instructions Freight is $1,435 per truckload 96G 588 carts per truckload = $2.44 per cart 64G 840 carts per truckload = $1.71 per cart 32G 1080 carts per truckload = $1.33 per cart Price Adjustment Language per Sourcewell contract: 588.00I $2.44I $1,434.72 840.00 $1.71 $1,436.40 1,080.00I $1.33I $1,436.40 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, • along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the • effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. Additional Information Additional Terms Our Quote serves as an offer to provide Products and/or services at the quantities and prices shown and is a good faith estimate, based on our understanding of your needs. By signing below, you indicate your acceptance of our offer which is expressly subject to the Wastequip Terms & Conditions of Sale ("Wastequip's Terms"") located at: https://www.wastequip.com/terms-conditions-sale, as of the date set forth in Section 1(b) of the WQ T&C, which are made a part of this Quote. Wastequip's Terms may be updated from time to time and are available by hard copy upon request. Any changes or deviations to the terms of this Quote, including any different terms in an Order submitted by you, must be agreed upon in writing by both parties. Additional Pricing is based on your acceptance prior to the expiration of this Quote, including product specifications, quantities, and Toter. 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10367253 Information timing. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations — actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Pursuant to California Section 26275 of the Health and Safety Code, certain trash receptacles and storage containers must be marked with reflectors. Customers must disclose if such receptacles and containers are intended for use in California — if not disclosed, the receptacles and containers are not intended for use in California. Special Contract Sourcewell — Pricing and Products/Services offerings are based on the Sourcewell Co -Operative Contract with Toter, LLC Information (#120324-TOT, eff. 4/4/2025), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name: Date: Purchase Order: Please Reference Quote Number on all Purchase Orders Toter. Sell To: Contact Name Christian Harper Bill To Name City of Fort Worth Bill To 100 Throckmorton St Ste 700 Fort Worth, TX 76102-2837 USA Email christian.harper@fortworthtexas.gov Phone (817) 713-1703 Quote Information Salesperson Joslyn Gray Salesperson Email jinlavongsa@wastequip.com Salesperson Phone (704) 402-0980 Residential and Residential and Commercial Maintenance Commercial Contract Services `See ContainerPros Maintenance Contract Attachment for Details* Residential and Residential and Commercial Maintenance Commercial Contract Services *See ContainerPros Maintenance Contract Attachment for Details* Residential and Residential and Commercial Maintenance Commercial Contract Services *See ContainerPros Maintenance Contract Attachment for Details* Residential and Residential and Commercial Maintenance Commercial Contract Services *See ContainerPros Maintenance Contract Attachment for Details* Payment Terms Net 30 Days if credit has been established Shipping Terms FOB Origin 841 Meacham Rd, Statesville, NC, 28677 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10367585 Ship To Name City of Fort Worth Ship To 7801 W Cleburne Rd Fort Worth, TX 76133 USA Quick Ship Expiration Date 3/31/2026 Quote Number WQ-10367585 Please Reference Quote Number on all Purchase Orders Scrap/Maintenance Fee Per Month Per Cart is actually $0.1764 (annual cost increase for this line item is $0.0057 per cart) Swap Fee Per Work Order Cleaning Fee Per Work Order Monthly Rent Paid to CFW Subtotal $2,007.40 Tax $0.00 Grand Total $2,007.40 Special Instructions Special Instructions The maintenance contract consists of the following: 1. Scrap/Maintenance Fee a. That is per cart owned by the City b. And is per month c. Example only: 500,000 carts X $0.18 = $90,000 2. Swap Fee per work order a. Each "swap" of carts per resident per cart is a $5.16 add on fee 1.00 $0.18 $0.18 1.00 $5.16 $5.16 1.00 $2.06 $2.06 1.00 $2,000.00 $2,000.00 Toter. 841 Meacham Rd, Statesville, NC, 28677 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10367585 3. Cleaning Fee a. Each cart brought back to the yard is cleaned to be put back into inventory for future use b. $2.06 per cart washed 4. Annual cost increase for repairs and maintenance a. $0.0057 is added to number one item above on an annual basis. 5. Monthly Rent Paid to CFW a. We pay a monthly fee for rent of $2,000.00 to the City/department Additional Information Additional Terms Our Quote serves as an offer to provide Products and/or services at the quantities and prices shown and is a good faith estimate, based on our understanding of your needs. By signing below, you indicate your acceptance of our offer which is expressly subject to the Wastequip Terms & Conditions of Sale ("Wastequip's Terms"") located at: https://www.wastequip.com/terms-conditions-sale, as of the date set forth in Section 1(b) of the WQ T&C, which are made a part of this Quote. Wastequip's Terms may be updated from time to time and are available by hard copy upon request. Any changes or deviations to the terms of this Quote, including any different terms in an Order submitted by you, must be agreed upon in writing by both parties. Additional Pricing is based on your acceptance prior to the expiration of this Quote, including product specifications, quantities, and Information timing. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations — actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Pursuant to California Section 26275 of the Health and Safety Code, certain trash receptacles and storage containers must be marked with reflectors. Customers must disclose if such receptacles and containers are intended for use in California — if not disclosed, the receptacles and containers are not intended for use in California. Special Contract Sourcewell — Pricing and Products/Services offerings are based on the Sourcewell Co -Operative Contract with Toter, LLC Information (#120324-TOT, eff. 4/4/2025), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name: Date: Purchase Order: Please Reference Quote Number on all Purchase Orders Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 EXHIBIT - B 120324-TOT Sourcewell Pla MASTER AGREEMENT #120324 CATEGORY: Plastic Refuse and Recycling Containers with Related Technology Solutions SUPPLIER: Toter, LLC 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 Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (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 maybe 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 v052824 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT Sourcewell eligibility requirements and required documentation. Supplier will be responsible for ensuring sales are with Participating Entities. 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 April 4, 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. 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 #120324 to Participating Entities. In Scope solutions include: a) Residential, commercial, and institutional -sized refuse and recycling containers, collection bins, dumpsters, and carts of principally non-metallic composition; b) Lift and tipping solutions for stationary carts and dumpsters; c) Maintenance, repair, and similar services of containers; and, d) Technology solutions related to the management of, planning for, and/or processes related to collection of refuse and recycling materials solutions described in subsections a.-c., above. 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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. iii) Supplier Warrants. Supplier warrants that -only Included Solutions of its manufacture, sold by the Supplier, or by a Supplier authorized distributor, for normal and intended use and service and for specific periods against operational failure caused by proven defective material or 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 FIR 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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 mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies, 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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(S), 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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 unpaid or underpaid Administrative Fees due under this Agreement. Failure to remit undisputed payment, delinquent undisputed payments, underpayments of undisputed amounts, or other mater 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 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 either party 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, arising out of any act or omission in the performance of this Agreement by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in design, condition, or performance of Included Solutions under this Agreement to the extent the included solutions have been used according to their specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort v052824 9 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT Liability Act (Minnesota Statutes Chapter 466) and other applicable law. IN NO EVENT WILLS UPPLIER BE LIABLE FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEBLE AND WHETHER OR NOT THE INDEMNITEE WAS ADVISED OF THE POSSIBILITY OF SUCY DAMAGES. 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. v052824 10 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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 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 v052824 11 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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 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. Either party may terminate this Agreement upon providing written notice of material breach to the other party. Notice must describe the breach in reasonable detail and state the intent to terminate the Agreement. Upon receipt of Notice, the recipient will have 30 calendar days in which it must cure the breach. Termination pursuant to this section will not relieve the breaching party 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. v052824 12 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 120324-TOT 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. 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 mutually determined by Participating Entity and the Supplier. 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 By: ESigned by: S�� 964 Jeremy Schwartz Title: Chief Procurement Officer 4/2/2025 1 9:26 PM CDT Date: Toter, LLC Signed by: 834FF567BB0940B... By: Laura P. Hubbard Title: Director of Municipal Sales Date: 4/2/2025 1 3:37 PM EDT v052824 13 Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 RFP 120324 - Plastic Refuse and Recycling Containers with Related Technology Solutions Vendor Details Company Name: Toter, LLC 841 Meacham Road Address: Statesville, North Carolina 28677 Contact: Kellie Clark Email: toterbids@toter.com Phone: 800-424-0422 09584 Fax: 833-930-1124 HST#: 56-1362422 Submission Details Created On: Tuesday October 15, 2024 11:11:45 Submitted On: Tuesday December 03, 2024 13:29:43 Submitted By: Kellie Clark Email: toterbids@toter.com Transaction #: ac5940a6-901 d-4e8e-a940-9e27a640d579 Submitter's IP Address: 4.37.174.194 Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 Specifications Table 1: Proposer Identity & 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 Item Question Response* 1 Provide the legal name of the Proposer Toter, LLC 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 Toter, LLC's affiliates are its Wastequip sister companies, ContainerPros, and affiliates, and any other entity that will be wasteware; however, Toter, LLC is the Responsible Supplier to execute this master responsible for offering and performing delivery agreement with Sourcewell. 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 Unique Entity ID: SJFNRBPETCZ6 CAGE Code: 0Z9Y1 Identifier (SAM): 5 Provide your NAICS code applicable to 325211 Plastics Material and Resin Manufacturing, 326199 Plastic Trash Cans / All Solutions proposed. Other Plastics Product Manufacturing, 495306 Waste Containers, 495307 Sanitation Services, 495310 Refuse Systems, 495311 Recycling Equipment & Systems, 562111 Transfer Station Compactors / Solid Waste Collection 6 Proposer Physical Address: 841 Meacham Rd. Statesville, NC 28677 7 Proposer website address (or addresses): www.toter.com 8 Proposer's Authorized Representative (name, Laura P. Hubbard, Director of Municipal Sales title, address, email address & phone) (The 841 Meacham Road, Statesville, North Carolina 28677, Ihubbard@wastequip.com, 704- representative must have authority to sign 682-3398 the "Proposer's Assurance of Compliance" on behalf of the Proposer): 9 Proposer's primary contact for this proposal Laura P. Hubbard, Director of Municipal Sales (name, title, address, email address & phone): 841 Meacham Road, Statesville, North Carolina 28677, Ihubbard@wastequip.com, 704- 682-3398 10 Proposer's other contacts for this proposal, if Kellie K. Clark, Sr. Manager of Bids and Contracts, 841 Meacham Road, Statesville, any (name, title, address, email address & North Carolina 28677, kclark@toter.com, 980-987-7602 Ext. 9584 phone): Table 2A: Financial Viability and Marketplace Success (50 Points) Line Question Item Response* Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 11 Provide a brief history of your company, Toter has been in continuous operation since 1962, originally as a subsidiary of including your company's core values, Rubbermaid Incorporated. Our headquarters is in North Carolina. The company was business philosophy, and industry longevity organized as a private corporation in 1983 as Applied Products, Inc., and changed related to the requested Solutions. the name to Toter Incorporated in 1988. In 2007, Toter was acquired by Wastequip and became its largest acquisition at the time. Wastequip is the leading North American manufacturer of waste handling and recycling equipment focused on manufacturing expertise and product innovation. Toter and other Wastequip divisions position our parent company to offer a full line of products, systems and solutions to collect and transport just about any type of waste and recyclables, and Toter products have been included in a past Wastequip Sourcewell contract. Wastequip is known as the All -In -One waste equipment company, with the Toter division's containers known as Built for Extremes®. From the very first container produced by our company, Toter has first studies the needs of Participating Entities. Each requires reliable products and services for Best Value. Replacing items and incurring additional services and costs is not best use of funding, people, raw materials, and other resources, and neither is bidding repeatedly. Toter seeks to be the first and best solution in every situation, earning the All -In -One catch phrase by delivering right when you need it. Toter introduced an automated cart system for curbside garbage collection in the 1960s, earning us our well -deserved reputation as the go -to cart brand for the collection of waste, recycling, and organics. We focus on developing products that combine practical convenience, extreme durability and long-term value through proven industry leading performance and warranty. Today we serve waste haulers and municipalities as well as commercial, industrial and institutional customers through regional manufacturing/distribution facilities located in Statesville, NC (headquarters); Acuna, Mexico; and Del Rio, TX. It is important to note that we are dedicated to the waste industry, not manufacturing for any other industry. Our company's core values include: We always act with safety, honesty and integrity. We serve customers to total satisfaction by delivering value oriented, market leading products and services. We act quickly but thoughtfully. We identify and improve the things that matter most. We provide challenging opportunities with clear expectations. We embrace change. We make commitments and keep them, earn trust and create respect. 12 at are your company's expectations in the Toter anticipates a quick transition from our current contract to a new and improved event of an award? contract. Our sales force, dealers and distributors are ready to sell and provide solutions seamlessly to our customers' needs. We already have the familiarity, tools and staffing in place to continuously promote the Sourcewell contract in the marketplace among existing and potential customers, and to showcase our products and services as total solutions using this contract. Toter would continue and increase promotion in this way throughout the contract term. Toter will involve and improve our dealer and distributor networks' understanding of how Sourcewell satisfies the bidding/proposal processes of customers and allows the customer to obtain product they want and deserve, which also gains for Toter a competitive advantage. We intend to continue revenue growth by continuing to gain market share. 13 Demonstrate your financial strength and The attached Organizational Chart shows Toter, LLC's relationship to Wastequip, LLC stability with meaningful data. This could and ultimately to Patriot Container Corp. Patriot Container Corp. is the level of include such items as financial statements, ownership where we produce our financial statements and report earnings, and we SEC filings, credit and bond ratings, letters therefore have attached a copy of our most recent unaudited financials. As a of credit, and detailed reference letters. privately held company, our financial statements are proprietary trade secrets and we Upload supporting documents (as applicable) take great lengths to protect the confidentiality of this information by restricting in the document upload section of your disclosure of this information to those that have a need to know for a specific response. DO NOT PROVIDE ANY TAX purpose (typically through non -disclosure agreements). Toter, LLC is providing these INFORMATION OR PERSONALLY financial statements as required by the RFP terms and trusts that Sourcewell will not IDENTIFIABLE INFORMATION. post this information for public viewing and provide Toter with notice if a FOIA request is made for information that would include these financial statements. 14 What is your US market share for the While Toter's exact market share information is company confidential and critical to Solutions that you are proposing? our strategy for success, we can share more about our market position. Based on our internal estimates, we determined that Toter Residential consistently enjoys a top 3 position in the US market. Toter ProProducts maintains a top 5 position in the US market. 15 What is your Canadian market share for the While Toter's exact market share information Is company confidential and critical to Solutions that you are proposing? our strategy for success, we can share more about our market position. Even though the Canadian market is not tracked as thoroughly as the US market, we believe Toter Residential also holds a top 3 position in the Canadian market. We would like to continue to grow our Canadian market share by continuing to try and convince Canadian municipalities to utilize our contract with the help of groups like RMA. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 16 Disclose all current and completed bankruptcy 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. 17 How is your organization best described: is it Toter, LLC Is a manufacturer and service provider, with a network of distributors and a manufacturer, a distributor/dealer/reseller, or dealers and best fall within item "b". The majority of Toter Residential sales are a service provider? Answer the question that made directly in North America by augmenting our Sales footprint from 2021's 10 best applies to your organization, either a) or Regional Sales Managers (RSM) to 26 RSMs currently, plus from 2 to 4 Division b). Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. We also a) If your company is best described as a rely on well established dealers in certain states who aid in developing new business distributor/dealer/reseller (or similar entity), and provide additional support services to Toter across the US and Canada. Our provide your written authorization to act as a RSMs, dealer network and service providers are fully supported by a team of distributor/dealer/reseller for the manufacturer Customer Satisfaction Specialists, Call Specialists at the Wastequip Call Center, as of the products proposed in this RFP. If well as a dedicated Bid/Contracts staff and a specific Quality/Warranty Team. All applicable, is your dealer network dealers and service providers are independent third -party contractors and employ their independent or company owned? own teams consisting of sales, service and warranty staff. Toter Pro Products are b) If your company is best described as a represented by third party sales agents and dealers. manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 18 If applicable, provide a detailed explanation Toter has applicable licenses to operate in the State of North Carolina, the state of outlining the licenses and certifications that our headquarters. We obtain licenses in municipalities and localities in which we are are both required to be held, and actually required by contracts to register and obtain licenses as required. We operate held, by your organization (including third facilities that are OSHA compliant, our roll carts for residential use meet or exceed parties and subcontractors that you use) in the American National Standards Institute (ANSI) Standards to ensure consistent pursuit of the business contemplated by this quality and safety: ANSI 2245.30-2008 Waste Containers - Safety Requirements RFP. and 2245.60- 2008 Waste Containers Compatibility Dimensions. Our roll carts have been independently certified with Wind Tunnel Testing of empty Toter carts by nationally recognized schools of aeronautical engineering and well as the interagency Grizzly Bear Committee (IGBC) approval of Toter Bear Carts. We concentrate on certifications and licenses that are meaningful and advantageous to Participating Agencies (certifying safety, durability, reliability, functionality, and the like). 19 Disclose all current and past debarments or None. 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. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 20 Describe any relevant industry awards or As the parent company of Toter, Wastequip and Toter have received several recognition that your company has received in recognitions: the past five years. - In 2021, Toter was nominated for the "Coolest Thing Made in NC" by the NC Chamber, celebrates North Carolina's most economically vital and enduring industries, and allows the public to nominate and vote for favorite products manufactured in North Carolina. - Each year (and many years running), Toter is consistently named named by Plastics News as the top ranked rotational molder plastic containers in North America, and also among the top 1-3 rotational molders in North America overall. - In 2023, our sister division, Wastebuilt, received an international GOLD dotCOMM award for its transformative digital presence in partnership with Americaneagle.com and OroCommerce. This award honors excellence in web creativity and digital communication, and also recognizes the time and effort Wastebuilt invested to build a scalable, dynamic, and integrated solution to fix problems for our customers, for Wastebuilt, and all concerned in Wastequip's eCommerce/dotCOM endeavors. Wastebuilt is the waste industry's online source for waste equipment supplies and replacement parts for refuse trucks, roll -off hoists, compactors, containers and more, - in 2024, the National Waste & Recycling Association's Women's Council awarded Blue Ribbon to Toter's exhibit highlighting the detailed history and growth of the Waste & Recycling Industry. Inspiration for the exhibit was Laura Hubbard's, Toter's Director of Municipal Sales, and then constructed by Todd Wright, Engineering Manager, in conjunction with Appalachian Machine, a long-time Toter supplier of Cart Lifters and parts. Executive Team Awards: - Waste 360 awarded Toter's Brittany Taylor, Regional Sales Manager, to the 2023 class of "40 under 40" awards. Chance Hennig, Regional Sales Manager was also named to the 2021 Class. The program recognizes inspiring and innovative professionals under the age of 40 whose work in waste, recycling and organics has made a significant contribution to the waste and recycling industry. 21 What percentage of your sales are to the Toter's sales to the governmental sector from 2021-2024 were approximately 35%. governmental sector in the past three years? 22 What percentage of your sales are to the While Toter has sales to education customers, Toter does not track the education education sector in the past three years? sector. 23 List all state, cooperative purchasing Our annual sales volumes on the aggregate for state and national cooperative agreements that you hold. What is the annual purchasing contracts has grown with our continuous commitment, outreach, and sales volume for each of these agreement diligence to provide new and consistent solutions for member agencies through our over the past three years? cooperative contracts over the past three years: 2021 over 2020 increase of over 4% 2022 over 2021 - increase of over 16% 2023 over 2022 - increase of nearly 29% 2024 is estimated to surpass 2023 in sales off this contract! (Restrictions under the respective cooperative purchasing agreements prevent our ability to specifically identify annual sales volumes for each such contract.) 24 List any GSA contracts or Standing Offers None. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 213: 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* Prince George's County, Maryland Timothy Richards 301-780-6312 City of Memphis, Tennessee Phillip Davis 901-636-3400 City of Fort Worth, Texas Christian Harper 817-713-1703 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 Item Question Response* Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 26 Sales force. In 2023, Toter expanded the sales team from 10 to 23 Regional Sales Managers, all based in key locations throughout the country, who will be responsible for field support of all Sourcewell members. These industry experts perform all actions necessary to produce a superior level of sales, including, but not limited to: making sales calls necessary to cover territory, assisting with test programs, assist with municipal contract issues, unique product applications, and all other field service issues. They may also be responsible for reporting contract updates to Participating Agencies, as well as forecasting large projects, coordinating non -core program items, and general contract facilitation. Toter also has in place 4 Regional Sales Directors over the above Managers with support from the Director of Municipal Sales and the Bid/Contract team. Toter's executive level ensure that long term strategic partner issues such as ongoing cost reductions and new product innovations are pursued aggressively. Toter also has an Inside Sales Team supporting the above, to provide quoting and assistance as needed. There are 7 Inside Sales staff, led by 1 manager position. This team extends all of Wastequip's Sales Teams, including Toter sales, to provide centrally located support for across North America and beyond. Toter will continue to use our best resources of time, experience and personnel to successfully support and grow this contract. We provide ongoing training to carry out the requirements of the contract and require all new sales reps attend a Sourcewell University or similar event in their territory. 27 Describe the network of Authorized Sellers Toter's Residential Division has well established dealers in certain states who aid in who will deliver Solutions, including dealers, developing new business and provide additional support services to Toter across the distributors, resellers, and other distribution US and Canada. Toter's Pro Products Division has a network of approximately 5 methods. independent dealers and approximately 100 national distributors. Our dealer network and service providers are fully supported by our sales, service, and warranty teams. 28 Service force. As affiliates under this contract, Toter utilizes our Wastequip sister company, called ContainerPros, that provides services relative to our customers throughout the United States. ContainerPros employs a number of individuals at multiple levels to manage and operate the services requested. These individuals range from Directors, Project Managers, Project Coordinators, Project Supervisors, Leads, Sales, etc. ContainerPros also utilizes multiple third -party vendors to assist in projects across the US and Canada. There is no project too Large or too Small! Likewise, we utilize our Wastequip sister division, called wasteware, to supply technology (RFID primarily) and related products and services. Services may include trainings with hands on walk-throughs (sandboxes and Member's purchased products), and other service support is available. We seek to assist Participating Members to get the most from all purchases off this contract, and across Wastequip, as what we consider "The Right Thing To Do", since every dollar in a purchase must count and support is key for purchasers' needs. 29 Describe the ordering process. If orders will Our general outline for order processing is: be handled by distributors, dealers or 1. Toter prepares proposal documents based on product selection by Sourcewell others, explain the respective roles of the Member Proposer and others. 2. Sourcewell Awarded Contract logo quote is provided to the Sourcewell member utilizing our SalesForce.com CRM (Customer Relationship Management) system 3. Upon quote acceptance, the Sourcewell Member issues a Written Purchase Order to Toter. 4. Order is entered electronically into the Toter D365/CRM order entry system. 5. Order details are confirmed in writing by the customer with an Order Confirmation and Markings Approvals Forms. 6. Once signed order acknowledgement is received, order is released for production planning for a production timeframe. 7.Order is produced to required specifications. 8.Toter logistics team/driver(s) contacts Sourcewell Member to schedule delivery 9.Order is delivered to Sourcewell Member 10. Sourcewell Member is invoiced 11. Report of Sales is generated out of the Toter CRM for specific reporting periods as needed. 12. Sales from the CRM are reported to Sourcewell, and administrative fee is paid per the percentage to be determined by time of Sourcewell Award/Contract (per contract established schedule). Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 30 Describe in detail the process and Toter's Customer Service team strives to be the best in the business by consistently procedure of your customer service and proactively tending to the needs of our customers. We have significant experience program, if applicable. Include your in servicing both large and small municipal and privately -owned accounts, big box response -time capabilities and retailers such as The Home Depot, Lowes, Walmart, TrueValue, and additional commitments, as well as any incentives that retailers. Because of the extensive customer base and their expectations, we provide help your providers meet your stated rigorous, just -in -time delivery performance and responsive customer service. service goals or promises. We continue to believe that our commitment to overall customer satisfaction is how we keep our customers happy. We expect that all customers will have a great experience with our products and us. As such we continue to hold to our adopted customer service credo: COMMITMENT - We will treat all customers with respect (regardless of size) - We will follow up with you upon receipt of your order to ensure satisfaction - We will resolve any issues quickly SUPPORT - We will provide a dedicated Customer Service Satisfaction (CSS) specialist for each participating member (plus each CSS backs others' territories to ensure seamless service) - We will respond quickly on quotes (same -day response in most cases) - We will provide an order confirmation (within 24-48 hours) - We will call you with shipping & delivery information and provide early notification should there be any issues with your order. Each Member will be assigned a dedicated Customer Satisfaction Specialist (CSS). All CSSs are cross -trained on this contract and they will be available for backup and high -volume situations. The CSS team is managed by Toter's Customer Service Supervisor, on -site with CSSs at Toter headquarters and available to help in any situation. CSSs handle customer needs prior to, during, and after orders are placed with our company. Routine services include assisting with customer choices, quoting, entering orders, obtaining customer approvals on custom markings and features, constant order tracking with production and traffic departments, handling intricate detail on large and small orders/projects and situations such as drop shipments and timing of shipments, and problem solving when order issues arise and when technical feedback is obtained. The Warranty period begins at the date of original purchase. Toter's Warranty Manager processes Warranty Claims and issues to provide accurate and expedited service to all customers. We have suppliers we have worked with for many years, and we have developed relationships and set agreements as needed, to maintain a level of commitment from them to supply what is needed and when, for on -time deliveries to Toter that do not hold up orders and processes. We have worked with many of these suppliers for many years. Toter also has backup suppliers established as added insurance we have what is needed at all times. 31 Describe your ability and willingness to Toter has enjoyed the privilege of working with Sourcewell since 2015 and are excited provide your products and services to about the opportunity to continue our relationship with Sourcewell and their participating Sourcewell participating entities. entities. We have extensive experience marketing cooperative purchasing agreements with a high degree of success that has resulted in successful sales to over 350 Sourcewell participating agencies. Toter's executive leadership and sales team are fully invested and all resources are in place for a seamless transition. Our bid/contract team and Regional Sales Managers are very familiar with the contract and ready to promote a new contract to existing and new agencies. If awarded, we would notify existing customers immediately so they can seamlessly transition from purchasing off our current contract to our new contract. 32 Describe your ability and willingness to Toter currently provides our complete line of products and services to Canadian provide your products and services to entities. We have been fortunate to have our Sourcewell contract adopted by Canoe Sourcewell participating entities in Canada. and have been very pleased with the increase in interest and activity in Canada. 33 Identify any geographic areas of the United None. States or Canada that you will NOT be fully serving through the proposed agreement. 34 Identify any account type of Participating None. Entity which will not have full access to your Solutions if awarded an agreement, and the reasoning for this. 35 Define any specific requirements or Toter currently serves all these areas, with all of our products and does not have any restrictions that would apply to our specific requirements or restrictions. participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 36 Will Proposer extend terms of any awarded lYes. master agreement to nonprofit entities? Table 4: Marketing Plan (100 Points) Line Question Item Response* 37 Describe your marketing strategy for Our marketing strategy utilizes both digital and print platforms, including paid and organic promoting this opportunity. Upload posting on social media. This will prioritize outreach through key industry publications like representative samples of your American City & County and Government Product News. We will foster our partnership with marketing materials (if applicable) in Sourcewell across select media channels by publishing press releases and targeted content the document upload section of your designed to reach key market segments. This messaging will focus on targeting Public response. Works, Municipalities, and other sectors where our collaboration adds significant value. 38 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Wastequip will predominantly highlight our Sourcewell partnership at the trade shows we attend. To call attention to this relationship, we will display the Sourcewell logo on show materials like banner stands and literature at major regional and national events. The Toter Bids and Contracts Department is a key component in communicating our Sourcewell partnership by incorporating their logo and relevant details into quotes and outreach efforts. This approach will aid in growing Sourcewell's reach into underserved markets and raise awareness in new sectors. We will continue to emphasize the value brought to the industries we serve across our web properties. The plan to feature Sourcewell information will likely include a link back to Sourcewell's website to enhance visibility and drive engagement in this valuable partnership. Wastequip's multifaceted marketing strategy leverages various channels to maximize visibility by boosting brand awareness and driving customer engagement. We conduct research to identify effective organic and paid search terms that resonate with our target audience and incorporate these insights into the content on our branded websites. We use this information to develop a comprehensive list of keywords for our paid search efforts that enhance our organic program. Through robust tracking methods, we gain a clear understanding of our customers' online behaviors, job titles, and locations. This data enables us to retarget visitors and create lookalike audience segments for expanded ad placements. Additionally, we use UTM parameters and custom redirects to capture personal interactions with our brands. All this data contributes to building detailed audience segments on social platforms. This allows us to accurately target key professionals on Linkedln, Meta, and other channels for our paid social in addition to other campaigns. Examples include: Facebook Metadata: Audience Demographics: Age, location, interests, gender. Engagement Metrics: Likes, shares, comments, click -through rates, and post reach. (Visitor Data: Repeat visitors vs. new visitors, time spent on the page, and bounce rate. Linkedln Metadata: Audience Details: Job titles, industry, company size, and geographic data. Engagement Insights: Likes, shares, comments, and click -through rates. Campaign Metrics: Conversion rates, impressions, and click -through rates. Wastequip Website Properties Metadata: Visitor Data: Unique visitors, returning visitors, pages per session, session duration. Source/Medium: Identifies traffic sources (organic, paid, referral, campaign). Behavior Metrics: Pages viewed, exit pages, bounce rate, and form submissions. Conversion Data: Tracks product page views, download actions, and completed forms. Banner Ads Metadata: Campaign Data: Impressions, click -through rates, and conversion rates. Lead Source Information: Tracks lead origin through campaigns, banner ads, and keywords. Audience Targeting: Target demographics (age, location, interests). Sales Cycle Tracking: Lead progression in Salesforce from inquiry to sale. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 39 In your view, what is Sourcewell's role In promoting agreements from this RFP, Sourcewell provides foundational support by in promoting agreements arising out of leveraging its established credibility and outreach capabilities. Sourcewell can amplify the this RFP? How will you integrate a agreement's visibility through its network and communication channels. Thus ensuring Sourcewell-awarded agreement into potential customers are informed of the benefits and streamlined purchasing processes that your sales process? are available to them. Toter appreciates the level of understanding of our industry and Participating Entity/Customer base, and has had the innate ability to interface with both to assist and promote Sourcewell contracts. Sourcewell has provided data for sales from other Sourcewell Contracts used by Participating Entities to support our position in difficult sales. This assistance will continue to be valuable to Toter. The triangular relationship between Participating Agencies, Sourcewell, and Toter is just the solution needed for all concerned. Toter will take a proactive approach to integrate a Sourcewell-awarded agreement into our sales process. Incorporating this agreement into our sales strategy will educate our Regional Sales Managers on its value and how to effectively communicate the benefits to potential clients. Additionally, we will leverage the Wastequip Marketing team to support this effort through digital media campaigns, targeted email communications, product showcases, and promotional events. By creating specific audience segments in our CRM and using tailored messaging, we'll engage relevant industries and specific job titles with personalized content. This integrated approach allows us to seamlessly promote the Sourcewell agreement, maximizing its impact and driving greater adoption among our customers. Through consistent tracking and feedback, we will be able to adjust our strategy to advantageously meet Sourcewell's obiectives and our clients' needs. 40 Are your Solutions available through Due to the specialized requirements and customizations of Toter products, we do not an e-procurement ordering process? If operate through an e-procurement ordering platform. However, we accept purchase orders so, describe your e-procurement by mail, fax, and our dedicated email address (toterpo@wastequip.com). We can generate system and how governmental and purchase orders from draft carts that Toter has entered into the Ariba Supplier Solutions educational customers have used it. and provide invoicing for customers using Ariba. Additionally, we have the capability to enter order updates (such as delivery information) and invoices in select customers' e-procurement systems and inter -municipal platforms. This flexibilitv enables us to work closelv with our customers to meet their needs. Table 5A: Value -Added Attributes (100 Points) Line Item Question Response" 41 Describe any product, equipment, Toter offers plant tours for our customers upon request, and our staff is on hand for trouble - maintenance, or operator training shooting issues with containers or services In the field. We offer assembly instructions upon programs that you offer to request, and at the end of each project for containers being serviced. Repairs and simple, Sourcewell participating entities. and can be explained in 1-2 page instruction sheets, but also can happen in person. After Include details, such as whether every cart rollout project for municipal Participating Entities, and upon request, in person training is standard or optional, instruction can occur, usually requiring 30 minutes or less due to the excellent design of the who provides training, and any products provided, at no charge to the customer. costs that apply. Toter offers Wastequip's technology solutions. Customers who subscribe for a technology offering will receive a standardized user online training. This user training will be performed by Wastequip's product specialists for technology solutions and addresses the major functionalities of the software and hardware solutions, which are intended to be utilized by the customer. Additional training programs are available with pricing on request. Pricing depends on scope and length of the requested training(s). After the training, standardized user guidelines will be available at no charge. For Toter's Professional Members: Toter Pro national and local sales representatives can provide training and selling support when needed. Plant tours are available for customers upon request, and our staff is on hand for trouble -shooting issues with containers or services. Wastequip's steel containers plant in Eagleville, TN has established a welding and job training program for its starting employees, but offered also the the community. The program offers welding and other certifications to grow local individuals and families when they earn marketable job skills for solid employment. Wastequip hires trained individuals out of this program as well, as a "Win -Win" for all! Wastequip utilizes a library with hundreds of training availabilities for its employees, with free access to professional trainings on topics such as safety, diversity, conflict resolution, software training, and a vast array of topics to choose from. While task assignments are made for review of topics, employees can avail themselves of acclaimed presenters and topics of concern or interest - for a confident, professional, and knowledgeable employee base. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 42 Describe any technological Wastequip's steel containers plant in Eagleville, TN has established a welding and job advances that your proposed training program for its starting employees, but this program is also offered also the the Solutions offer. community. The program offers welding and other certifications to grow local individuals and families when they earn marketable job skills for solid employment. Wastequip hires trained individuals out of this program as well, as a "Win -Win" for all! All technology solutions are based on modern technical and technological infrastructures to ensure a sustainable and future oriented solution landscape. These infrastructures are also laid out to be highly available and data security has been implemented in depth. Compared to other solutions and offerings in the industry, there are no system or server requirements on the member side, as long as a modern browser is used to access the software solutions. All technology solutions are developed to be as user friendly as possible and the implementation process is streamlined to the maximum. We offer these technology solutions to increase revenue and gain market share, reduce costs, provide greater stewardship of staff time/efforts resources, and improve customer experiences overall. Organics collection stresses carts because the density of food waste (6.25 pounds/gallon) is much higher than that of municipal solid waste (garbage) and recyclables (max of 3.5 pounds/gallon). Sourcewell member agencies needing to collect residential and commercial food waste should not face the decision of deploying small, two wheel carts that do not have sufficient load rating for the application. In order to provide member agencies with safe and useful food waste carts, Toter offers a unique line of 21, 32 and 48 gallon automated Organics carts that are load rated and independently certified to regularly receive and dump food waste at the above -mentioned higher density of 6.25 pounds/gallon. In addition, we offer complementary containers to include a 2 Gallon bin for collection of food waste in the resident's kitchen and a 13 gallon manual bin for curbside collection. Toter also offers 2 and 3 Cubic Yard FELs with higher load ratings to handle heavy food waste. Only Toter offers a fully automated lid latch, DuraLatch, that latches automatically when the lid is dropped, opens with one finger, and opens automatically when the cart is dumped by the truck. DuraLatch meets the long requested industry demand for the return to a latching cart but without interfering with fully automated collection. In 2022, Toter developed a 1 Cubic Yard plastic Front Load Container (FL) to complement the already established 2, 3 and 4 Cubic Yard FL containers. This 1 cubic yard container is popular in shared waste collection for multi -housing unit applications. The container will hold around 5-6 standard 33-gallon trash bags, and extends the timeframes for collection events through time. ToterPro rolled out a new tilt truck design with extra -durable roto molded body and slimmer design, for improved maneuverability through commercial doorways, and inset wheels allow the containers to be nested when fully assembled for easier shipping and storage. - Toter participated in our parent company's Internship Program, specially designed to provide students and recent graduates with incredible career -related experiences. While we strive to give these students transferrable skills, networking opportunities and strong professional portfolios, these paid summer internships also benefit our company with fresh ideas from a tech savvy generation! Toter continuously researches and implements newer resins for greater durability and moldability, producing carts that are tougher than ever. We consistently deliver on durability with customers reporting service life much longer than he 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, and the added advantage of inclusion of recycled content. This is an ongoing commitment for our company and our customers, widening the environmental sustainability footprint for us both, while integrating technology to maintain containers' Life Cycles high. These technology solutions increase revenue and gain market share, reduce costs, provide greater stewardship of staffs time, efforts, and resources, and improve customer experiences overall, and when coupled with the ease of use with Sourcewell, Participating Agencies receive these benefits with a contract that satisfies the bidding process! Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 43 Describe any "green" initiatives Our company initiated the Wastequip Sustainability Report which codifies a formal that relate to your company or to sustainability program. In 2019, a small team planted the seeds for our sustainability your Solutions, and include a list program, and each year since, the ripple of people at the company addressing sustainability of the certifying agency for each. has widened. For the planet, we have control over the products we make and how we make them. Lifecycle assessments have helped us deeply understand how our processes and products impact the environment. Because one of our biggest impacts is in the raw materials we source, we set a goal to reduce the virgin resin we manufacture with at Toter (while maintaining our industry -leading warranty) and launched the EVR-Green cart, which uses 100% recycled content in the cart body. This year, we are also introducing to the market a steel container that is 10% lighter but just as strong. This not only brings a lower environmental impact, but it will also allow our customers to carry heavier loads and consume less fuel. Each year, we take one more step to embed people and planet into our business. Our cross functional CORE Steering Committee ensures that we select the right priorities, understand unintended consequences, overcome unexpected challenges, and hold each other accountable. Our CapEx and new product development approval processes includes planet considerations. And, in 2023, our business leaders started presenting greenhouse gas emissions in our monthly business reviews for our Containers and Trucks divisions. We base our Planet data on the Greenhouse Gas (GHG) Protocol Corporate Standard, because it is global, quantitatively rigorous, and consistent with how other companies calculate their emissions. Although under the GHG protocol, our organizational boundary includes all three of our divisions (Parts & Service, Containers, and Trucks), we've been focused on our Trucks and Containers manufacturing, because they are our largest source of emissions. We include our Scope 1 and 2 emissions in our monthly business reviews for our Containers and Trucks divisions and have improved our data collection, calculation, and visualization processes significantly. Our Scope 1 emissions comprise stationary combustion to heat our plants and operate machinery, fueling onsite vehicles like forklifts, and welding. Our Scope 2 emissions are electricity. We track our absolute emissions, the total emissions produced from our facilities, as well as our intensity emissions, which we calculate by dividing the absolute emissions in a month by the weight of products we made that month. This enables us to compare across facilities and gauge our efficiency from a standardized perspective. In 2023, our absolute emissions and intensity emissions slightly improved, primarily from improvements in the electric grids our plants operate on. Our intensity emissions increased marginally this year, driven by our Containers manufacturing and partially offset by our Truck manufacturing. In 2023, our Scope 1 absolute emissions increased, mostly due to stationary combustion, offset slightly by improvements in our Scope 2 absolute emissions from grid improvements. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 44 Identify any third -party issued eco- To understand the complete environmental impact of our products, we work with a consultant labels, ratings or certifications that on cradle -to -grave life -cycle assessments (LCAs), which scientifically measure the carbon your company has received for the footprint of our products. This includes the raw materials we source, inbound transportation to Solutions included in your Proposal our facilities, manufacturing our products, distributing our products, the use of our products, related to energy efficiency or and the end of life, and complies with ISO 14044 standards. conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. From both our Toter LCA and our new Steel LCA, the majority of emissions from our products comes from the raw materials we source. We've turned what we learned from spreadsheets and models into the real world with products designed to reduce the raw materials we manufacture with and therefore, the most important part of our containers' carbon footprint. From our Toter LCA, we learned that 60% of a cart's carbon footprint comes from using virgin resin (resin that's brand new), so we set a goal to reduce the amount of virgin resin in our carts by 25% without compromising the warranty. With a common goal, our Engineering and Quality teams designed the first cart body on the market to use all PIR and/or PCR in the cart body. It's available in a black body only, passes the same warranty tests as all of our other Toter products, and has a carbon footprint that's 37% lower than a standard Toter cart with all - virgin resin. 45 What unique attributes does your ONE STOP SHOP company, your products, or your Toter is owned by our parent company, Wastequip, the waste industry's one stop shop with services offer to Sourcewell 12 industry leading brands. We are the leading manufacturer of waste handling equipment in participating entities? What makes North America. Our company has a network of expertise and a reputation for service and your proposed solutions unique in innovation. The Wastequip portfolio includes quality brands from the production of carts, your industry as it applies to containers and compactors to refuse trucks, parts and service. With a "can do" approach Sourcewell participating entities? trust Wastequip to be your "Atkin -One" equipment, service, and parts provider. Prince George's County is one of many Participating Agencies that not only prefers Toter Products and Services, but they also have stated a definite preference for the ease of purchasing with our company overall utilizing Sourcewell Contracts for both Steel (Wastequip) and Plastics (Toter), as One -Stop -Shopping! CART SIZES TO MEET CUSTOMER NEEDS Toter's patented EVRO carts (16, 21, 24, 32, 35, 48, 64, and 96 gallons, plus our new Universal series to include 95, 65 and 35 gallon carts, are compatible with semi and fully automated refuse trucks in North America and are the "World's Toughest CartsTM." All are manufactured in full conformance with ANSI Standards Z245.30-2008 and Z245.60-2008. Besides roll carts, Toter has a complete line of 1, 2, 3 and 4 cubic yard plastic front load containers. Each container features: steel rod reinforcement, ribbed bottom wear chimes, double -walled lift pockets, integrated bumpers, and more. These features afford customers with enhanced durability, maximum pocket strength, protection for longer life, and maximum space for custom signage. Our stackable design provides better truckload/shipment and storage efficiency and are even stackable/nestable when the container is fully assembled and ready for use! BUILT FOR EXTREMES Toter carts are manufactured through our process known as Advanced Rotational MoldingTM that allows us to create carts that are Built for ExtremesTm Advanced Rotational Molding eliminates built-in stress, weakness and brittleness associated with injection molded products. In addition, Toter's use of linear medium density polyethylene (MDPE) is specifically engineered for toughness and high -impact resistance. In contrast, injection -molded carts are made with high density polyethylene (HDPE), which is more rigid and brittle. HDPE has poor impact resistance and high notch sensitivity. These properties, combined with high stress molding, make an injection cart more likely to crack and split while in service. It is important to note that it is not necessary to alter or modify the Advanced Rotational Molding process nor materials when producing carts for extremely cold or extremely hot climates.. Again, our process and superior materials together produce a cart that is resilient and best in a combination of extreme temperatures (-40°C to 120°C), especially in cold climates, even with rigorous treatment in automated collection systems. This is a fact of polymer science, not sales literature. Toter carts are the "Best Value" to residents. Advantages of Advanced Rotational Molding: • Superior toughness and durability • Single -piece product design — no seams Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 • Consistent wall thickness • Stress -free, zero -pressure product • Unique design and structural capabilities like Rugged Rim®, nestable when fully assembled, and granite finish • UV stable • Custom colors • Corrosion- and chemical -resistant • Ability to mold in graphics INDUSTRY LEADING WARRANTY Recognized throughout the industry as The World's Toughest Carts TM, Toter carts are produced using a patented, stress -free molding technology known as Advanced Rotational Molding TM. This manufacturing process results in tougher, more durable residential carts, backed by Toter with 12 (twelve) year cart body warranty 10 (ten) years of coverage on all other cart components. This warranty is like no other manufacturer's warranty, industry wide. Easy to use, and reliable, the warranty demonstrates how we confidently back our carts. From Day One When you receive your Toter carts, they are easily made ready to roll. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 8 carts high as they require fewer square feet (without latches installed). Toter carts can be delivered 3x more quickly than other brands by eliminating trips with more carts per load. Cities and haulers save between $2-3 per cart' in fuel, truck usage and labor expenses due to Toter's nestability feature. YEARS 0-10 Toter carts are made with Advanced Rotational Molding, which makes them built for toughness and maximum resistance. With 1/3 of the failure rate compared to injection molded carts, Toter carts generate fewer customer complaints, repair calls, and fewer part purchases. Over the first 10 years of ownership, this saving amounts to about $4 to $5 per cart (USD), (along with your happier customers). YEARS 11--12 Only Toter offers a 12-Year body warranty. Designed to keep working after others fail, they are extremely impact resistant. By having full body protection for 2 additional years (as compared to other brands), you can avoid replacement costs during years 11 and 12. Those savings are $5 to $7 per body or $7 to $9/cart (USD). YEARS 13-20 While injection carts claim a 10-year service life, Toter has 40 years of experience that says Toter carts consistently last 15 to 20+ years. Imagine avoiding having to buy a replacement fleet of injection carts after year 10. If one half of your Toter carts were to last 15 years and one half were to last 20 years, the Average Savings on Replacement Cart Purchase and Delivery would be $38/cart (USD). ADD IT UP You can experience $2-3/cart in delivery savings, plus $4-5/cart in cart maintenance savings, plus $5-7/body or $7-9/cart for years 11-12 additional body warranty years, and $38/cart for longer service life! Total Savings comes to approximately $44 to $46 per cart (USD). In addition to the above roll cart warranty, our Front Load Containers carry a 3 year container warranty (90 days for casters and non -plastic components). PARTS INTERCHANGABILITY In addition to our proven long service life and very low repair rate, key parts on Toter carts are primarily interchangeable among our various cart sizes: wheels, stop bars, and lid hardware. This simplifies maintenance and reduces parts inventory/costs. RECYCLABILITY All of the components utilized in Toter containers are fully (100%) recyclable into products of a like or similar nature. This degree of recyclability is known in the industry as "primary recyclability." This will allow the option to sell the recyclable materials into the plastics/steel commodity markets. PROFESSIONAL PRODUCTS Toter manufactures an entire line of Professional Products — commercial, industrial and specialized superior containers. Product offerings include Two -Wheeled and Caster Carts, Organics, Medical Waste and Secure Document Management Carts with standard single -wall or rotationally molded double -wall lids for sealing off medical waste and organics (wet) materials, and for securing confidential documents. These containers may be towable for additional efficiency and safety in moving waste. Toter offers Atlas commercial -grade, large - capacity, Rugged Rim® cans with a detachable lid and are fitted for dollies to roll and move Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 46 Describe advancements reflected in the equipment or products offered such as safety, longevity or life cycle cost measures. materials smoothly. Slimline Containers and Litter Containers provide effective, sustainable waste collection for industrial, commercial and institutional inside and outside applications — and are available in a wide range of styles for varied environments. Cube Trucks, Tilt Trucks, and Mobile Trucks are perfect or moving large, heavy materials and waste to its final destination for use or disposal. Many containers in this line are also towable for efficient and safe movement to final disposal areas. You will find these various products in hospitals, colleges/universities, research facilities, manufacturing industries, store environments, offices, public streets, malls, sports arenas, convention centers, gas stations and convenience stores, and practically anywhere you may venture! ASSEMBLY & DELIVERY SERVICES Roll carts and container services can be provided by Toter with our sister Wastequip company, ContainerPros. Offloading, assembly and distribution of carts to households may be accomplished as individual services or all three services together. Participating Agencies may require unloading of carts upon delivery to the Participating Agency's delivery site, complete assembly of carts to make them "Ready to Roll", then distribution to residences and commercial addresses. ContainerPros has capabilities in place for the optional scanning of UHF RFID Tags during distribution, using UHF Handheld Scanners that report delivery data in real time to our wasteware web portal, and compiling that information in a Distribution Report (Tags coordinated with cart address) in Excel format. Whenever a citywide implementation is required for new containers, we will meet or exceed the Participating Agencies' requirements regarding all deliveries. ContainerPros offers many value-added benefits and services that will ensure a smooth delivery and successful program implementation. CLOUD BASED TECHNOLOGY SOLUTIONS wasteware is your digital partner for products, equipment, and services in the waste and recycling industry. Our cloud -based solutions suite and mobile app allow you to stay informed and support accurate decision making based on transparent and reliable data. We designed wasteware to be used not only by any company in the industry, but also by cities and municipalities to provide essential business functions like inventory and asset management, asset location monitoring, maintenance and service management, as well as service verification. It can integrate seamlessly with customer systems, provide cart tracking, manage work orders, verify service work, and much more. LEASING OPPORTUNITIES Toter is adept at assisting our customers with a leasing program alternative to an outright purchase, and this program utilizes the Sourcewell Contract for Leasing - NCL Government Capital, tax-exempt municipal leasing Contract #011620-NCL. We work with financial institutions that specialize in municipal lending situations as third -party financing. We understand the benefits of leasing: conservation of capital, better terms, simplified record keeping, easier allocation of cost, bank lines untouched, cleaner balance sheets, overcoming budget limits, convenience, etc. Toter carts and containers are an environmentally sustainable investment. Although our carts are the "World's Toughest Carts TM", and our carts last for 15-20+ years in active service life, Toter carts are 100% recyclable, supporting the recycling of retired carts for municipalities and sustainably closing the loop between new carts and retired carts with the recycling of retired carts, then molding back into new carts. As a leader in the environmental industry, we constantly strive to do our part in being both a good corporate citizen and a leader in new technology to improve our world. Fewer cart failures means fewer carts replaced to maintain a perpetual cart system, reduced vehicle traffic for service, and fewer pounds of raw materials (plastic and steel) consumed. We are also proud to offer more carts from the factory per truckload than most competitors (often with a higher level of assembly from the factory). This will reduce the amount of deliveries needed to fulfill your orders. In short, a more sustainable program results, yielding a reduced impact on our environment. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 47 Describe your organization's We realize the growing ultimate importance of protection with customer data and company approach to the collection, storage, information. usage, ownership, protection, access, and rights of customer Data Collection - We collect data in order to provide our goods and services, to process data that is gathered in the normal requests received (including warranty requests), and to provide support. We do not knowingly course of doing business. collect personal information from children under 13 years of age. Additional reasons for data collection may be viewed in our Privacy Policy at www.wastequip.com/privacy-policy. THE data may include personally identifiable information such as name, postal address, e-mail address, and telephone number. Information collected automatically by our website or systems may include usage details, IP addresses, browser type, operating system and information collected through cookies, web beacons, and other tracking technologies. Storage - Information you provide to us is stored on our systems using, at a minimum, industry standard data security practices. Any payment transactions are processed through third party providers using SSL and other encryption technology. Data - We use information that we collect, including any personal information to provide information, products, or services that are requested from us. We provide our third -party vendors, service providers, and contractors with information in order to service our accounts or provide repair/warranty services for products purchased from us. Ownership and Rights - Wastequip customers own their own personal data. Wastequip follows all applicable local, state, and federal privacy laws including the California Consumer Privacy Act (CCPA). Customers and others may contact Wastequip at any time to confirm, correct, or delete their personal information provided to us as allowed by applicable law. The above represents a summary of key Privacy Policy terms relevant to Sourcewell's Participating Agencies. Please visit https://www.wastequip.com/privacy-policy to view our full Privacy Policies. 48 Describe how your offering Recycling requires far less energy, uses fewer natural resources, and keeps waste from encourages/facilitates increased piling up in landfills. Recycling offers significant energy savings over manufacturing with virgin participation and efficiencies in materials (for example, manufacturing with recycled aluminum cans uses 95 percent less recycling and diversion programs. energy). Recycling and buying recycled products create demand for more recycled products, decreasing waste and helping our economy. Toter supplies private haulers and recyclers with cart fleets for collection services. Additionally, Toter works with Municipalities across North America that receive grant funding to implement a recycling program such as The Recycling Partnership, SWIFR, ADEM, Kentucky Pride Fund Recycling Grant, and The EPA to name a few. Our company focuses on researching grant related opportunities and collaborating internally with team members and externally with government entities to educate and implement recycling programs across the continent. Toter's cross functional team of waste industry experts are knowledgeable about the requirements related to the available recycling grant opportunities that have been implemented. Our Team Members will work with Participating Agencies to meet the outlined requirements in our roll cart production. For instance, Toter carts will meet the Recycling Partnership with carts be manufactured with a minimum of five percent (5%) residential post -consumer plastic content based on the entire mass of the body, lid and wheels of the carts. This resin will have been generated by a household and collected for recycling by a curbside or drop-off recycling program in the United States. This requirement will not be met through the use of post-industrial plastics or plastic sourced from end -of -life carts or bins, but the material will consist of material that was purchased, consumed, and disposed of solely by a residential household in their role as an end -user of a product or package that has been used for its intended purpose and has subsequently been collected for recycling by a curbside or crop -off recycling program in the United States. Toter carts will also be manufactured using an additional twenty percent (20%) of post -consumer or post-industrial recycled content. When it comes to curbside recycling collection services, we work with Recology, Casella, EDCO, Waste Pro, Waste Management, Santek, CR&R and many other hauling/recycling companies varying in size, with resources readily in place for production, assembly, distribution to residents, cart maintenance and retired carts recycling services. ContainerPros offers cart removal services to assist in getting old carts from residents when new carts are being introduced. We will collect all old carts from the residents addresses and return them to a designated site of your choice. Optional additional services offered are to sort, grade and stack the old carts for future usage. ContainerPros also offers a recycling program for old carts that have served their useful life. We can supply recyclers local to Participating Public Agencies, and/or arrange for old carts to be disassembled, loaded out and transported to a recycling facility. This program offers money back per recycled pound of plastic. This also assists with customer Diversion and Sustainability initiatives. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 49 Identify if your offered technology Wastequip's technology solutions for Assembly & Distribution, Asset Management, and solutions are available through Service Verification are available through a web -based platform, and are thus compatible with mobile device applications and the majority of modern operating systems. A modern web browser such as Google Chrome with which operating systems they or Firefox is recommended. In addition to this, a mobile app allows for crews in the field to are compatible. perform work orders, service requests, and deliveries. The mobile app is available for modern Android devices. RFID scanning requires specific hardware, which is available through this contract. Table 513: Value -Added Attributes Line Question Certification Offered Item Comment 50 Select any Women f Yes Toter, LLC reviews all requests for Projects/Bids/Proposals to or Minority Business r: No understand any requirements for utilizing disadvantaged Entity (WMBE), Small businesses as qualified subcontractors/suppliers. Toter is not Business Entity a certified disadvantaged Bidder. However, Toter is (SBE), or veteran committed to utilization of disadvantaged businesses whenever owned business possible, and we set out to identify possible use of certifications that your disadvantaged businesses on a case -by -case basis in a company or hub concerted attempt to meet requested levels of participation, partners have and in an overall effort of our company at large, to grow and obtained. Upload strengthen smaller, disadvantaged businesses. We also value documentation and a diversity in employment, knowing that our company and listing of dealerships, customers are strengthened by our individuality and purposeful HUB partners or re- discussion, and our consistently viewing issues and sellers if available. opportunities with choices from multiple approaches and Select all that apply. creative solutions! In most projects there are possibilities for use of disadvantaged businesses. We normally search for specific businesses with resources that match the following: 1. Over -the -road trucking of carts to the city (53-foot trailers) 2. Project management of door-to-door delivery of carts to residents or for other work required 3. Supplies, forklift, and/or trucks for local delivery of carts to residents and other work required Toter further vets discovered disadvantaged businesses for qualifications to perform the work and we consider all cost effective, positive responses. In this Bid, there is an encouragement to utilize disadvantaged businesses. And, at the same time, the scope of work for the contract only affords an opportunity for subcontracting with Item #1 above for common carrier transportation of carts from our plant to the City destination. Toter already has a working relationship in our daily business with two common carriers, One Horn Transportation Inc, and Royal Express, Inc. We have worked with both carriers for quite a while now to provide reliable and quality service. Documentation of DBE certification is available upon request for: - One Horn Transportation — WBE Certified by National Women's Business Enterprise - Royal Express, Inc. - Southwest Minority Supplier Development Council Aside from requirements for participation of disadvantaged businesses, Toter continuously demonstrates our overall commitment to employ and do business with disadvantaged businesses in both special projects and daily business. For example, we use a Woman Owned Business to fulfill daily office and bidding supplies needs, and we work with many disadvantaged businesses to perform the work of unloading, assembly and distribution of carts (and related services) to Participating Agencies when required by projects (Items #2 and #3 listed above). 51 Minority Business r Yes Please see Toter's response in the above question #50 Enterprise (MBE) r. No comment box. 52 Women Business r Yes Please see Toter's response in the above question #50 Enterprise (WBE) r. No comment box. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 53 Disabled -Owned r Yes Please see Toter's response in the above question #50 Business Enterprise G. No comment box. (DOBE) 54 Veteran -Owned r Yes Please see Toter's response in the above question #50 Business Enterprise G. No comment box. (VBE) 55 Service -Disabled r Yes Please see Toter's response in the above question #50 Veteran -Owned r No comment box. Business (SDVOB) 56 Small Business r Yes Please see Toter's response in the above question #50 Enterprise (SBE) r No comment box. 57 Small Disadvantaged r Yes Please see Toter's response in the above question #50 Business (SDB) r. No comment box. 58 Women -Owned Small r Yes Please see Toter's response in the above question #50 Business (WOSB) r. No comment box. Table 6: Pricing (400 Points) Provide detailed pricing information in the questions that follow below. Line Item Question Response' 59 Describe your payment terms and accepted payment 0 % net 30 days. Toter accepts P-card procurements/payments. Our methods. preferred method of payment is wire, ACH or check. 60 Describe any leasing or financing options available for use As a benefit of being a Wastequip division, Toter provides a bridge by educational or governmental entities. to solutions for educational or governmental entities to find leasing and financing options through Wastequip Finance, with our finance partner, NCL Government Capital (NCL), the only leasing and financing company in the nation with a leasing and financing contract on Sourcewell (Contract #011620-NCL). We are pleased to offer NCL's over 20 years of specializing in providing competitive equipment financing programs for entities across the nation, providing Sourcewell members access to financing that multiplies their purchasing power potentially six -fold. We understand that funds aren't always available for new and adequate equipment, and the Tax - Exempt Municipal financing offered by Wastequip Finance/NCL through Toter allows agencies to get that equipment now through manageable installment payments that come from their operating budget. We believe that Sourcewell, Toter/Wastequip Finance, and NCL have a common goal to provide solutions to Sourcewell members that will substantially alter the future for all in the most positive ways. 61 Describe any standard transaction documents that you While doing business seems to be a meticulous task for companies propose to use in connection with an awarded agreement and Participating Agencies alike, Toter seeks to streamline (order forms, terms and conditions, service level processes for Participating Agencies, all the while setting each up agreements, etc.). Upload all template agreements or for safe use of data, high service levels, approvals of order details transaction documents which may be proposed to prior to manufacture, and other forms and processes. These Participating Entities. transaction documents are established to make sound business sense for our company and all customers. Examples of some of these forms are attached for Sourcewell's perusal. We have included the following Standard Transaction Documents in the file upload section: • Customer Set -Up Form • Wastequip Credit Application Form • Credit Card Authorization Form • Wastequip Terms and Conditions of Sale • Wastequip Limited Warranty with Warranty Claims Procedure 62 Do you accept the P-card procurement and payment Toter accepts P-card procurements/payments. Our preferred method process? If so, is there any additional cost to Sourcewell of payment is wire, ACH or check. participating entities for using this process? Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 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 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 market" items or "non -contracted items". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Toter Residential does not have set list pricing, therefore we are offering a line item ceiling pricing model that is comparable to other co-operative contracts and gives us the flexibility to provide competitive pricing to Sourcewell's participating agencies while protecting us from volatile fluctuations in resin costs. This pricing model aligns well with our dealer network and Sourcewell is their preferred cooperative contract. We have had great success using this same pricing model on the current contract. Toter Pro Products: pricing model is a 30% discount off list price. We have provided a detailed price list for all products and services that include model numbers and descriptions. Each price guide will include options available as upgrades to the base pricing for that specific product line Toter Residential Products: because there is not a set list price or MSRP for these products, there a set discount to quantify. We have provided incremental volume discounts in our pricing structure and will offer discounts off the base price for large projects when possible, giving the customer the benefit of making larger purchases and permitting Toter the opportunity to be flexible in competitive situations as required. Toter Pro Products: pricing is a 30% discount off list price and both list price and discounted price is reflected on the price pages. Toter Residential Products: pricing for Toter's residential products includes incremental volume discounts. For larger projects, we seek to offer discounts based on quantity, delivery timeframes, and other circumstances that may affect pricing. We have found that offering discounts off the base price for large projects gives us the opportunity to be flexible in competitive situations as required. We believe we have the broadest range of products and services for waste and recycling containers in the market and have included all our offerings in our proposal. As any new products are developed, we will reach out to Sourcewell and request those be added to our contract. Any "sourced" products or related services will be offered to Sourcewell Members on a Supply Quote basis. We will provide the member with a quote for all items not listed on our Sourcewell contract (the Sourcewell Administrative Fee is and/or will be included as with other products and services to be quoted off this Contract). Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 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. 68 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. 69 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. We have tried to be extremely thorough in including pricing to cover all products, options and services a customer may need with the purchase of waste and recycling containers. However, due to the unique nature of our industry, there may be a few instances where the total cost of acquisition is not included in our proposal pricing. 1. Installation: Due to the customized nature of our business, each customer's project installation is unique, and therefore, quoted individually. Unique installations may include and are not limited to requirements such as RFID tailored inventory and container management systems, interim storage of containers, additional labor for customer preferences, and more. Any of these products or services outside what we have provided in our proposal will be "Priced on Request". 2. Assembly and Delivery: Special needs for Assembly and Distribution related projects will be "Priced on Request" due to the unique needs of municipalities for each project at hand. the site, or "staging area", if provided by Toter, will be "Price on Request" also due to the unique needs of each project, in addition to wide price variables for locations. Cart Lifters for Residential Collection Vehicles can be installed with "Price on Request". Cart Lifters for Toter Pro Products will be quoted and installed with "Price on Request" due to the unique needs of each project. 3. Taxes - Local, State and Federal Sales or Use Taxes or any applicable ferry costs, customs duties, levies and taxes are not included in our proposed pricing models. If required, these items will be added at time of quote. Also, Canadian GST/PST/HST taxes are not included in our proposed pricing models, and are not paid by Wastequip. If required to be paid by Wastequip, then the Member will be required to reimburse Wastequip for these taxes. 4. Canadian members may require pricing to be provided in Canadian Dollars/Currency (CAD). While our pricing is listed in United States Dollars/Currency (USD), we are certainly able to provide the CAD equivalent pricing based on our USD Sourcewell price list and Foreign Exchange rates from Bank of Canada resources. Toter is strategically located in the US which allows us to best service our customers. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by the Member needs and demands. We will evaluate each order as a unique opportunity and consider the Sourcewell Members order volume and location. Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on quote as a separate line item. This cost will not include the 1.5 % Administrative Fee. We use a combination of contracted motor carriers and freight forwarders to deliver shipments destined for Alaska, Hawaii, and other offshore locations such as, but not exclusive to Puerto Rico. We also have dozens of carriers already under contract that participate in delivering all modes of freight across the Canadian provinces. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by Member needs and demands. We will evaluate each order as a unique opportunity and consider the Members' order volume and location. Note that Freight: Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on the quote as a separate line item. This cost will not include the 1.5 % Administrative Fee. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 70 Describe any unique distribution and/or delivery methods or options offered in your proposal. 71 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed agreement with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing. Toter has the ability to meet unique customer needs with Driver Assistance (truck driver moves product to the entrance/exit of 53' truck for customer to remove off the trailer), lift gates (to meet special circumstances with no dock, etc.), combined loads (multi -stop capability to drop at up to 3 locations close together). For our Pro Products and individual customer orders (".COM" customers), we provide drop ship delivery. Obtained over decades, we have experience in the field delivering the assets to their final location -- a resident's dwelling. We offer all types of delivery, to include alley, curbside, up -to -door and special location deliveries per requirements of customers. We recognize that no two projects are alike and that every customer could have specific needs. That allows us to be flexible to meet those specific needs. We do this by thoroughly vetting the customer scope of work. In simple terms, "What are you trying to accomplish and what challenges do you foresee"? We believe that Data is King? Being able to discuss the project, with the customer, and to understand the data, allows us to customize our services to provide the best experience! We do not provide "cookie cutter" services, we provide solutions. Toter offers the industry's best and most unique delivery option, Fully Factory Assembled or "Ready to Roll". Member agencies can forget about missing parts, lack of available labor to assemble carts, and other normal assembly related issues. Because Toter carts nest when fully assembled, neat and safe stacks of 6 fully assembled carts high make the work of Public Works and Solid Waste Managers easier and more predictable. For member agencies who want to pay less freight per cart, our standard shipment of carts "2/3rd's Assembled" means that the only assembly is attaching the wheels after carts are delivered to member locations. Then the cost savings of Nestability kicks in as up to three (3) times as many fully assembled Toter carts will fit on a city delivery truck as compared to any other brand (none are fully Nestable). Toter's sales team works closely with each customer to identify solutions and provide a quote that meets their requirements. All quotes off our current Sourcewell agreement include the Sourcewell logo and Contract number/information of reference, which clearly identifies that the Sourcewell contract is being used to our internal team and customers. Quotes go through an internal approval process where pricing is verified before being sent to the customer. Once the Member's Purchase Order is received, our customer service team codes the order as a "Sourcewell" sale into our order entry system. Using this code, we can easily generate reports from our order entry system. All reports are checked for accuracy by comparing to quotes from our Salesforce application to ensure the order was coded appropriately and included in the reporting. 72 If you are awarded an agreement, provide a few examples Toter develops monthly, quarterly and annual targets to drive business of internal metrics that will be tracked to measure whether to include municipal sales. This is tracked closely to make sure our you are having success with the agreement. sales team is proactively working to meet theses goals. We review and track sales off all directly bid contracts versus cooperative contracts to make sure our sales team continues to lead with cooperative agreements and identify opportunities to discuss cooperative purchasing to those municipalities that are still going through the cumbersome bid process. We also review annual sales specific to sales off the contract to review and compare to prior sales history to determine YoY trends. This has shown our greatest measure of success with continued YoY growth from sales off our current Sourcewell contract including almost doubling sales in 2023. 73 Provide a proposed Administration Fee payable to Toter is proposing a 1.5% administrative fee that is calculated and Sourcewell. The Fee is in consideration for the support included in the contract dollar amount for products listed in our and services provided by Sourcewell. The propose an pricing section. Please note that freight costs will not be included in Administrative Fee will be payable to Sourcewell on all this fee. 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. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 Table 7: Pricing Offered Line The Pricing Offered in this Proposal is: * Item Comments 74 The pricing offered is as good as or better than pricing typically offered through existing cooperative contracts, state Toter Residential does not contracts, or agencies. have set list pricing; therefore, we are offering a line -item ceiling pricing model that is comparable to other cooperative contracts. Toter's Pro Products does have set list pricing and is priced at 30% off List for these products, also meeting our pricing description choice for this question. Table 8A: Depth and Breadth of Offered Solutions (200 Points) Line Item Question Response* 75 Provide a detailed description of all the Toter, LLC is a Wastequip brand which is a manufacturer and marketer of high - Solutions offered, including used, offered in quality plastic containers and related products, solely dedicated to the waste industry the proposal. for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Or company, since 2016, has backed our residential roll carts with a 12-year cart body warranty, and 10 years on all other carts components. No other manufacturer/brand has sought to provide a matching standard warranty industry -wide! Our containers are categorized into two areas: - Residential Products and Solutions - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long- term and current experience with customer needs. Special options for roll carts are Unloading, Assembly and Distribution of carts to municipal customers, Cart keep them rolling!), and Technology/RFID identification of carts to track carts at municipal properties and maintain inventory through time with tracking of changing locations, repairs, collection issues (cart was not at the curb, etc.), which has quite streamlined Participating Agencies' cart usage with ease. - Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! For all our offerings, we specialize in consulting with our customers to create customized products and solutions, considering waste streams, volume, staffing, layout, footprint, flow, environmental requirements and storage limitations. Unlike competitors who may sell off -the -shelf products, we specialize in consulting with our customers to create customized waste management solutions, and we offer technology solutions identified in later questions within this platform. Specific to Toter Residential Products and Solutions, we offer a wide range of services: Receiving and Unloading: Receive the loads as they arrive from Toter, per a predetermined ship schedule, then unload the stacks of carts and arrange them on the customer site by size and waste stream, if applicable. Assembly: Assemble the stacks of carts in preparation of delivery to the resident address listing, or for storage, as determined in the scope of work meetings. Assembled carts will be stacked according to size and waste stream, if applicable. Distribution: Distribution of carts to the service area residents as predetermined Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 during scope of work meetings. Carts will generally be placed at the curbside of the appropriate address, unless special attention is called out during the scope meetings. Data Collection - Record Serial Numbers: Serial numbers of the cart delivered to a specific address will be recorded to the address listing provided by the customer. This will assist customers in tracking their assets in the field. Upon completion of the project, we will provide customers with a completed address listing showing the appropriate serial number of the cart delivered to each address. This will be done when a single cart per address is delivered, as well as when multiple carts and streams are delivered to a single address. When project is complete, customer will have the most up to date data on assets and where they are located. Data Collection - RFID Scanning: RFID tags will be scanned, to the address listing provided by the customer per each cart delivered and associated to that particular address. When RFID tags are scanned as a delivery method, the following data will also be collected: RFID tag number, Serial Number, time stamp, and geo coordinates. This will assist customer in tracking their assets in the field. Upon completion of the project, we will provide customer with the completed address listing showing the appropriate data set of the cart delivered to each address. This will be done when single cart per address is delivered, as well as, when multiple carts and streams are delivered to an address. When project is complete, customer will have the most up to date data on assets and where they are located. Sticker/Label Application: A customer provided sticker/label will be applied to the cart/container as described in scope of work. This can be done on new project where all new carts receive label/sticker prior to distribution. Or, labels can be applied to carts that were previously in the field. Old Cart Retrieval: Old carts may be retrieved and brought back to the customer site for either future use or disposal (recycling). This service can be provided in conjunction with new cart deliveries to ensure no disruption of waste services. Additional items can be contracted: sorting of old carts to specifications, disassembly of carts to be recycled, loading of carts to be recycled onto trailers for transport to recycler. We would manage the whole process to provide a seamless solution for retrieval and disposal of any old carts. Route Audits: Route auditing service could include: auditing service levels, auditing income, route ID verification, waste characterization, lid flips, contamination material ID, etc. We would determine your route auditing needs and provide a plan and the associated crews to complete that plan. At the end of the project, the customer would have a cleansed route and all associated data points required to adequately understand those routes and how it is affecting their business. Commercial Bin Delivery: Delivery of commercial bin (FEL's and REL's) to all associated commercial addresses. Receiving of commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Commercial Bin Exchange: Exchange of commercial bins (FEL's and REL's) for all associated commercial addresses. This service provides delivery of new bins and removal of old bins at the same time. Receiving delivered commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Cart Maintenance: Cart Maintenance Services are offered to provide a seamless solution for all of the customer cart maintenance needs. From new deliveries, cart removals, cart repairs, and more, we provide piece of mind that all resident requests will be fulfilled within the agreed upon service level agreement. We provide inventory level management to ensure that you always have assets to keep each resident with the appropriate carts for waste disposal. Assist in managing warranty claims, and keeping all carts cleaned and prepped for return to service. Managing all parts associated with the cart inventory ensures cost savings may be realized with repurposing where appropriate. Having a cart maintenance provider will give you peace of mind and produce cost savings. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 76 Within this RFP category there may be Our Proposal includes Plastic Refuse and Recycling Containers with Related subcategories of solutions. List subcategory Technology Solutions, including: titles that best describe your products and a. Residential, commercial, and institutional -sized refuse and recycling containers, services. collection bins, dumpsters, and carts of principally non-metallic composition; • EVRII Universal/Nestable Roll Carts • Universal Roll Carts • Organics Roll Carts • Fully Automated Bear Resistant Carts • FIR FEL Series Containers • Organics FEL Containers • 22-Gallon Recycling Bins • 16-Gallon Recycling Bins • Slimline Containers with Accessories • Litter Containers with Accessories • Square Containers with Accessories • Round Cans with Accessories b. Lift and tipping solutions for stationary carts and dumpsters; • Toter Utility Carts • Cube Trucks • Mobile Trucks • Tilt Trucks • Stationary Lifters with Accessories • Universal Stationary Lifters with Accessories • Saddle Stationary Lifters with Accessories • Candy Cane Stationary Lifters with Accessories • Rover Mobile Lifters with Accessories • Round Can Mobile Lifters with Accessories c. Maintenance, repair, and similar services of containers; and, • Assembly & Delivery Services • Unloading and Assembly • Cart Removal Services • Recycling Services • Route Audit Services • RFID Retrofit Services • Stickering/Labeling Services • Maintenance Contract Services • Commercial/Bin/Container Exchanges d. Technology solutions related to the management of, planning for, and/or processes related to collection of refuse and recycling materials solutions described in subsections 1.a.-c., above. Wasteware technology solutions cloud based simplistic design that provides one convenient platform for: • Project solutions • Inventory control • Reporting • Customer Management • Service Scheduling Additionally, subcategories will address challenges with any customer by providing user-friendly containers to efficiently collect waste, plus subcategories of solutions to provide effective automated collection/transportation/disposal systems/equipment and more. We can assemble, distribute and maintain entire fleets of containers. Container users experience elimination of potential injury and improved productivity with mechanical lifters/dumpers, towing and other options, choosing from a seemingly endless provision of solutions Our technology assists customers to manage cart fleets and container maintenance and inventory. As a service provider, we are prepared to offer any customized service needed. We realize that the waste industry encounters some interesting opportunities, and we are willing to work with each customer to provide a solution to needs as they arise. No job is too big or too small! Table 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 I Categoryor Type Offered * Comments Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 VAIA 78 Residential, commercial, and institutional -sized refuse and recycling containers, collection bins, dumpsters, and carts of principally non-metallic composition Lift and tipping solutions for stationary carts and dumpsters r Yes Toter, LLC is a Wastequip brand r No which is a manufacturer and marketer of high -quality plastic containers and related products and services, solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: - Residential Products and Solutions primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long-term and current experience with customer needs. - Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! a Yes Toter also offers lift and tipping No solutions for attachment to collection vehicles and as stationary units which collect and remove waste from roll carts located at households and commercial properties and buildings. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 79 Maintenance, repair, and similar services of containers a Yes Toter offers services as provided by No our Wastequip sister division, ContainerPros. This division is a spin- off of Toter to provide all manner of relative cart and container services, to include: - Assembly and Distribution of container orders, assembling each container and distributing them, property to property. - Cart Removals and Exchanges - ContainerPros will remove old or unneeded carts, and exchange for a different size cart, in cases where Participating Agencies may offer various sizes and the ability to exchange old carts for new carts, or the ability to obtain a size that is a better fit for the household's need. - Unloading - Often a service provided with Assembly and Distribution of carts to properties, unloading can also be provided as a stand-alone service. - RFID and other types of retrofit - for cart fleets purchased in the past and not including RFID Tags, or other updates, we can add or change out items to carts at each home in a municipality, bringing the cart fleet up to date. - Stickering/Labeling, and Specialized Options - We can provide special services of sticker application, attaching literature to carts (either customer or Toter generated educational literature), and various other options that customize the scope of work to handle Participating Agencies needs in detail. 80 Technology solutions related to the management of, C: Yes planning for, and/or processes related to collection C' No of refuse and recycling materials solutions described in line 77-79, above. Toter offers our technology solutions for cart and container deliveries and the subsequent management of these assets. The combination of a web - based operations management software and a mobile workforce App allows planning and execution of deliveries, work orders and service requests highly efficient. Major features of the technology offering are Assembly & Distribution Management, Inventory Management as well as Solutions to execute services in the field (Work Orders, Service Requests, etc.). This solution also provides data visualization and data reporting tools. The web -based Software solutions covers all required processes for delivery of carts and containers, as well as asset management. In addition to this, Wastequip's technology solution comes with a mobile App and the required Hardware (Scanner with RFID and Barcode Reader) to perform services in the field. Service Verification data can be collection by the means of a truck -mounted RFID System, which delivers positive verification (RFID Reads), GPS Positions as well as date and time information of the service verification. These data are visualized in the web -based platform. Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 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." • Pricing - Sourcewell RFP 120324 - Toter LLC Pricing - 12-3-2024.pdf - Tuesday December 03, 2024 12:37:00 • Financial Strength and Stabilitv - Wastequip Financials (TRADE SECRET) October 2024.pdf - Tuesday December 03, 2024 13:00:48 • Marketina Plan/Samples - Marketing Plan Samples- Toter.pdf - Tuesday December 03, 2024 12:35:40 • WMBE/MBE/SBE or Related Certificates - Toter's Good Faith Effort.pdf - Tuesday December 03, 2024 12:10:38 • Standard Transaction Document Samples - Standard Transaction Document Samples- Toter.pdf - Tuesday December 03, 2024 12:18:32 • Requested Exceptions - Toter's Requested Exceptions.pdf - Tuesday December 03, 2024 12:10:52 • Upload Additional Document - Toter's Product Literature and Other Items- Additional Documents.pdf - Tuesday December 03, 2024 12:56:19 Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 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: 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: httos://www.treasurv.aov/ofac/downloads/sdnIiSt..Ddf; Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or 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. - Laura Hubbard, Director of Municipal Sales, Toter, LLC Bid Number: RFP 120324 Vendor Name: Toter, LLC Docusign Envelope ID: B50ADA26-04C6-427F-8F08-6A9936656373 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. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum _4_ Plastic _ Refuse_Recycling_RFP_120324 rV 2 Mon November 25 2024 05:22 PM Addendum _3_ Plastic _ Refuse_Recycling_RFP_120324rV 1 Fri November 8 2024 02:45 PM Addendum _2_ Plastic _ Refuse_Recycling_RFP_120324 r 1 Tue October 29 2024 05:02 PM Addendum _1_ Plastic _ Refuse_Recycling_RFP_120324rV 1 Mon October 28 2024 03:45 PM Bid Number: RFP 120324 Vendor Name: Toter, LLC Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ 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 Date 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. J Name of vendor who has a business relationship with local governmental entity. Not Applicable 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.) J Name of local government officer about whom the information is being disclosed. Not Applicable Name of Officer J 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. Not Applicable 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 F-1 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 F---] No J 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. Not Applicable 61 ❑ 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). J �-� 03/06/2026 Signature of vendor doing business with the governmental entity Date Form provided by Texas 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 4 176.001(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) Avendor 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 Page I of 2 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FoRTWORTH REFERENCE **M&C 26- 13P COOP SW 120324- DATE: 2/24/2026 NO.: 0131 LOG NAME: TOT TOTER CARTS JJ ENV CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Toter, LLC Using a Sourcewell Cooperative Contract for Toter Carts in an Amount Up to $5,100,000.00 for a One -Year Term for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Toter, LLC using a Sourcewell Cooperative Contract for toter carts in an amount up to $5,100,000.00 for a one- year term for the Environmental Services Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an agreement with Toter, LLC under Sourcewell Cooperative Contract No. 120324-TOT for the purchase of plastic carts for residential curbside garbage, recycling, and yard waste collection, including related customization, delivery, maintenance, and fulfillment services. The Environmental Service Department supports the City's residential solid waste program, which serves Fort Worth residents citywide and requires a standardized inventory of carts to support daily collection operations. These carts are routinely handled, exposed to environmental conditions, and transported throughout residential neighborhoods, resulting in ongoing wear and the need for maintenance and periodic replacement. This agreement will ensure the City maintains a reliable supply of durable carts and associated services necessary to support efficient, safe, and uninterrupted solid waste and recycling operations while maintaining current service levels. FUNDING: The maximum amount allowed under this agreement will be $5,100,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the Other Contractual Services account within the Solid Waste Fund for the Environmental Services Department. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Sourcewell Contracts have been competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. Request for Proposal No.120324 was published on October 15, 2024, and responses were opened on December 3, 2024. Sourcewell contract offers fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. AGREEMENT TERM: The initial term of the agreement will begin upon execution and expire one year from that date. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. SMALL BUSINESS: A Small Business subcontracting goal is not assigned to this contract because a waiver has been approved by the department's Assistant City Manager, in accordance with the City's Small Business Ordinance, Chapter 21 of the City Code. The waiver was granted due to the use of a http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34174&councildate=2/24/2026 2/26/2026 M&C Review Page 2 of 2 cooperative purchasing agreement. The agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Solid Waste Fund to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity I Budget I Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) James keezell (5891) Haven Wynne (8525) Juby Jacob (8066) ATTACHMENTS Copv of FID TABLE BLANK WITH INSTRUCTIONS V2 (002).xlsx (CFW Internal) Fort Worth TX - Form 1295 Certificate 101478549 (1-15-2026).pdf (CFW Internal) Small Business Wavier (signed)Toter Contract 120324-.IDdf (CFW Internal) Signature: Email: jordan.aIvarez@fortworthtexas.gov http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34174&councildate=2/24/2026 2/26/2026 FORTWORTH- City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Toter, LLC Subject of the Agreement: Purchase of plastic carts for residential curbside garbage, recycling, and yard waste collections using COOP Sourcewell 120324-TOT M&C Approved by the Council? * Yes 21 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No ❑✓ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: April 4, 2027 If different from the approval date. If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.