HomeMy WebLinkAboutToter, LLC - Cooperative Purchase Agreement - 08.31.23DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A
COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into effective on
8/31/2023 , by and between CITY OF FRESNO, a California municipal
corporation (City), and TOTER, LLC, a North Carolina company (Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for
work of public improvement. The City is allowed to piggyback an existing government
agency's agreement, under Fresno City Charter 1208. The parties agree the Vendor was
the lowest responsive and responsible bidder for Invitation for Bid (IFB) issued by
Sourcewell, Minnesota (PIGGYBACK SOURCEWELL; CONTRACT # 041521). The IFB
is attached hereto as Exhibit A and is incorporated herein by reference. The Parties
agree that the Vendor has entered a Cooperative Purchase Contract with Sourcewell,
Minnesota (PIGGYBACK SOURCEWELL; CONTRACT # 041521) (Original Government
Contract).
2. Vendor's Obligation. Vendor shall provide those services and carry out that
work described in the Original Government Contract, which is attached hereto as Exhibit
B and is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described
in Exhibits A and B, subject to all the terms and condition contained or incorporated
herein
4. Notwithstanding the requirements that the Original Government Contract is
fully binding on the Parties, the parties have agreed to modify certain non -material
provisions of the Original Government Contract as applied to this Agreement between the
Vendor and the City, as follows:
a) The City's Insurance and Indemnity provisions are attached as
Exhibit D.
b) Address change for the City: Notwithstanding the address and
contract information for the government entity as set out in Exhibit B, the Vendor agrees
that notices and invoices will be sent to:
City of Fresno
Attention: Cynthia Williams
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-1803
E-mail: cynthia.williams@fresno.gov
FIN-S Cooperative Purchase Agt. Product (09-2022) -1 -
DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A
c) Notwithstanding anything in Exhibits A and B to the contrary, this
Agreement shall be governed by, and construed and enforced in accordance with , the
laws of the State of California, excluding however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of this Agreement and any rights and duties
hereunder shall be Fresno County, California.
d) All other provisions in the Original Government Contract are fully
binding on the parties and will represent the agreement between the CITY and the
Vendor.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
FIN-S Cooperative Purchase Agt. Product (09-2022) 2-
DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A
IN WITNESS WHEREOF, the parties
have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
DocuSigned by -
By: ktj1mLt 5/26/2023
4�dAerales
Purchasing Manager,
General Services Department
No signature of City Attorney
required. Standard Document #FIN-
S Cooperative Purchase Agt. —
Product (09-2022) has been used
without modification, as certified by
the undersigned.
DocuSigned by:
By: cs►wco- 8/31/2023
n4e-w icdackson
Senior Procurement Specialist,
General Services Department
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
By: ���j 8/31/20238/31/2023
7F 1 BC57F778C4P... Date
Deputy
Addresses:
CITY
City of Fresno
Attention: James E. Jackson
2101 G. Street, Bldg A.
Fresno, CA 93706
Phone: (559) 621-1165
E-mail: james.jackson2@fresno.gov
Attachments:
Exhibit A- Invitation For Bids
Exhibit B- Original Government Contract
Exhibit C- City's Insurance and Indemnity
TOTER, LLC, a Legal Identity
DocuSigned by:
By: 5/25/2023
F9AVF788161478..
Name:steve Kl ueg
Title: Treasurer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:F�DocuSioned by:
CLV�_�th. 5/25/2023
4689544D817F400...
Name: Richard 5edory
Title: General counsel
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
VENDOR:
Toter, LLC
Attention: Kellie Clark
Sr. Manager of Bids and Contracts
841 Meacham Road
Statesville, NC
Phone: (704) 768-2584
E-mail: kclark@toter.com
FIN-S Cooperative Purchase Agt. Product (09-2022) -3-
EXHIBIT A
RFP#041521
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Sourcewell `
RFP #041521
REQUEST FOR PROPOSALS
for
Plastic Refuse and Recycling Containers with Related Technology Solutions
Proposal Due Date: April 15, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting
proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions to result
in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities
include thousands of governmental, higher education, K-12 education, nonprofit, tribal
government, and other public agencies located in the United States and Canada. A full copy of
the Request for Proposals can be found on the Sourcewell Procurement Portal
fhttps://Droportai.sourcewell-mn.l;ov1. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than April 15, 2021, at 4:30
p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published:
Pre -proposal Conference
Question Submission Deadline:
Proposal Due Date:
Opening:
February 25, 2021
March 24, 2021, 10:00 a.m., Central Time
April 8, 2021, 4:30 p.m., Central Time
April 15, 2021, 4:30 p.m., Central Time
Late responses will not be considered.
April 15, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB -SECTION V. G. "OPENING'
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I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell's solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative contracting solutions from which Sourcewell's Participating Entities
procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted vendors' potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities,
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
• Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly -funded academic, health, and social service
entities referred to as MASH sector (this should be construed to include but not be
limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as
well as any corporation or entity owned or controlled by one or more of the preceding
entities;
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Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan
Urban Municipalities Association (SUMA), Association of Manitoba Municipalities
(AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador
(MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince
Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell's
website (note: there is a tab for each country's listing): htt s: www.sourcewell-
mn. ov sourcewell-for-vendors a enc -locator.
Access to contracted equipment, products, or services by Participating Entities is typically
through a purchase order issued directly to the applicable vendor. A Participating Entity may
request additional terms or conditions related to a purchase. Use of Sourcewell contracts is
voluntary and Participating Entities retain the right to obtain similar equipment, products, or
services from other sources.
To meet Participating Entities' needs, public notice of this RFP has been broadly published,
including notification in the United States to each state -level procurement department for
possible re -posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS -BASED SOLICITATION
This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Plastic Refuse and Recycling Containers with Related
Technology Solutions, including, but not to be limited to:
a. Residential, commercial and institutional -sized refuse and recycling containers,
collection bins, dumpsters, and carts of principally non-metallic composition;
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b. Lift and tipping solutions for stationary carts and dumpsters; and,
c. Technology solutions related to the management of, or planning for, collection of
refuse and recycling materials from containers of the type described in Section 1. a —
b. above.
2. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Recycling and Repurposing Equipment with Related Accessories, Supplies, and
Services (RFP #050119)
b. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services
(RFP #091219)
c. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920)
d. Fleet Management Technologies with Related Software Solutions (RFP #020221)
with the exception of those technologies identified in Subsection 1. c. above.
e. Bulk Solid Waste and Recycling Equipment (RFP #040621)
Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn -key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third -
party contractors, to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and
services provided under a resulting contract. If Proposer requires the use of dealers, resellers,
or subcontractors to provide the products or services, the Proposal should address how the
products or services will be provided to Participating Entities and describe the network of
dealers, resellers, and/or subcontractors that will be available to serve Participating Entities
under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
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1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will
provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, Proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to
two one-year extensions may be offered based on the best interests of Sourcewell and its
Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $20 Million; therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or
dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is
expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
Contracts will be awarded to Proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the Proposal. Sourcewell reserves
the right to verify Proposer's information and may request clarification from a Proposer,
including samples of the proposed equipment or products.
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3. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A Proposer's documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line -item Pricing is pricing based on each individual product or services. Each line must
indicate the Vendor's published "List Price," as well as the "Contract Price."
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer's Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be
considered as the highest price for which equipment, products, or services may be billed
to a Participating Entity). However, it is permissible for vendors to sell at a price that is
lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity's location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the Proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts. The administrative fee is normally calculated as a percentage
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of the total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the Proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the Proposal being disqualified from further review and
evaluation.
To request a modification to the Contract terms, conditions, or specifications, a Proposer must
complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all
requested modifications, through the Sourcewell Procurement Portal at the time of submitting
the Proposer's Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded vendor for signature.
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract
award may be revoked.
V. RFP PROCESS
A. PRE -PROPOSAL CONFERENCE
Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the
date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The
purpose of this conference is to allow potential Proposers to ask questions regarding this RFP
and Sourcewell's competitive contracting process. Information about the webcast will be sent
to all entities that have registered for this solicitation opportunity through their Sourcewell
Procurement Portal Vendor Account. Pre -proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
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this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the Proposer by checking the box for each addendum. It is the
responsibility of the Proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the Proposer's proposal status to
INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the
Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the
"MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after
submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has
changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to
ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
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In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to twenty-four (24) hours to respond to
certain issues.
Upon successful submission of a proposal, the Portal will automatically generate a confirmation
email to the Proposer. If the Proposer does not receive a confirmation email, contact
Sourcewell's support provider at support@ bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the Proposer has obtained this solicitation document from a third party, the onus is on the
Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized
representative of the Proposer attesting that the information contained in in the proposal is
true and accurate. By submitting a proposal, Proposer warrants that the information provided
is true, correct, and reliable for purposes of evaluation for potential contract award. The
submission of inaccurate, misleading, or false information is grounds for disqualification from a
contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete.
• Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
G. OPENING
The Opening of Proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
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To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to "All" or "Closed." The solicitation status will automatically change to "Closed"
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
Proposer(s) offering the best overall quality, selection of equipment, products, and services,
and price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is
necessary to meet the needs of Participating Entities. Factors to be considered in determining
the number of contracts to be awarded in any category may include the following:
■ The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities' use.
o A Proposer's sales and service network to assure availability of product supply and
coverage to meet Participating Entities' anticipated needs.
• Total evaluation scores.
The attributes of Proposers, and their equipment, products, or services, to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals. Information submitted as part of a proposal should be as specific as possible
when responding to the RFP. Do not assume Sourcewell's knowledge about a specific
vendor or product.
B. AWARD S
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
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Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days'
following Sourcewell's notice of contract award(s) or non -award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
• The name, address, and telephone number of the protester;
• The original signature of the protester or its representative;
• Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
■ Identification of the issues to be resolved;
• Identification of the legal or factual basis;
• Any additional supporting documentation; and
• Protest bond in the amount of $20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it
is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the Proposer may be
rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP;
• Select, for contracts or for discussion, a proposal other than that with the lowest cost;
• Independently verify any information provided in a Proposal;
• Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity's
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
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• Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer;
and negotiate with more than one Proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
• Award a contract to one or more Proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it
considers to be protected. Proposer must also include a justification for the classification citing
the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential or
nonpublic, either substantially or in their entirety.
Rev. 2/2020 Sourcewell RFP #041521
Plastic Refuse and Recycling Containers with Related Technology Solutions
Page 12
Sourcewell Pa'
3/1/2021
Addendum No. 1
Solicitation Number: RFP 041521
Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology
Solutions
Consider the following Question and Answer to be part of the above -titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Our company has a policy of having a non -disclosure agreement (NDA) signed before we
can submit company financials. Will Sourcewell sign an NDA? If yes, how do I submit the
NDA and have it returned? If no, how would we proceed with the submission of
financials?
Answer 1:
RFP Section VI., E. — Disposition of Proposals, addresses the handling of materials
submitted in response to the RFP under Minnesota Statutes Section 13.591. Sourcewell
is subject to the Minnesota Government Data Practices Act and will not execute a non-
disclosure agreement (NDA) for a Proposer.
The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its
discretion, will determine the information necessary to best demonstrate its financial
viability to Sourcewell. Examples of potential supporting material are identified in the
text of the question on financial strength and stability in Table 2, "Company Information
and Financial Strength," in Step 1 of the proposal preparation process. Proposals are
evaluated on the content submitted.
End of Addendum
Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell
Procurement Portal on 3/1/2021, is required at the time of proposal submittal.
Sourcewell 74-a
3/5/2021
Addendum No. 2
Solicitation Number: RFP 041521
Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology
Solutions
Consider the following Question and Answer to be part of the above -titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
In Section III Pricing, under Section A, Requirements, item 3 of the RFP calls for pricing to
be stated in Canadian and US dollars. For Canadian pricing is it possible for us to submit
pricing in US dollars and then simply state, "Canadian pricing will be based on the
current exchange rate at the time of quotation and order?"
Answer 1:
It is left to the discretion of each proposer to articulate and propose the pricing
approach that aligns with their business methods and satisfies the requirements of RFP
Section III. - Pricing. Proposals are evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell
Procurement Portal on 3/5/2021, is required at the time of proposal submittal.
Sourcewell Pa'
3/8/2021
Addendum No. 3
Solicitation Number: RFP 041521
Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology
Solutions
Consider the following Question and Answer to be part of the above -titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Describe the Administrative Fee to be paid to Sourcewell?
Answer 1:
Refer to RFP Section III. B. — Administrative Fees, for directions on proposing an
administrative fee. It is left to the discretion of each proposer to determine and propose
an administrative fee that is consistent with its business and its industry.
End of Addendum
Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell
Procurement Portal on 3/8/2021, is required at the time of proposal submittal.
Sourcewell t
3/17/2021
Addendum No. 4
Solicitation Number: RFP 041521
Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology
Solutions
Consider the following Question and Answer to be part of the above -titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
The RFP (Section 2.D.) states, "Sourcewell anticipates that the term of any resulting
contract(s) will be four (4) years. Up to two one-year extensions may be offered based
on the best interests of Sourcewell and its Participating Entities." The contract template
(Section 1.B.) states, "This Contract may be extended up to one additional one-year
period upon request of Sourcewell and with written agreement by Vendor." Please
clarify if the extension period is up to two one-year extensions or one additional one-
year period.
Answer 1:
The template contract is aligned with the contract offer that will be extended to
awarded vendors as a result of the solicitation. Sourcewell includes the possibility of a
second, one-year extension within the RFP to reserve that right for the parties in the
event of an extraordinary circumstance during the contract term. In the unlikely event
that such a circumstance arises, the contract will be amended by the parties, as needed.
Awarded vendors are not guaranteed the offer of a contract extension beyond the initial
four-year contract term.
End of Addendum
Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell
Procurement Portal on 3/17/2021, is required at the time of proposal submittal.
EXHIBIT B
ORIGINAL GOVERNMENT CONTRACT
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
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Sourcewell
Solicitation Number: RFP #041521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Plastic Refuse and Recycling Containers with Related
Technology Solutions from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 28, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor's dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past
the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's affiliates, authorized
dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related
to this Contract. This list may be updated from time -to -time and is incorporated into this
Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most
current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
■ Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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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.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
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Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and
Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
■ Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. In no event will
Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental,
indirect, or exemplary damages, whether arising out of breach of contract, tort (including
negligence), or otherwise, regardless of whether such damage was foreseeable and whether or
not the indemnitee was advised of the possibility of such damages.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
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Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
Nonperformance of contractual requirements, or
A material breach of any term or condition of this Contract.
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Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
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broad than ISO Business Auto Coverage Form CA 0001(2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell Toter, LLC
Do cu Signed by:
[ rc �5c� akf ,�
By. coFezr.sj9ooeraa..
Jeremy Schwartz
Title: Chief Procurement Officer
Date:
5/24/2021 1 7:43 PM CDT
Approved:
rIDmo%lg nred by:
� � i
By. 7Ed268F817A64CC
Chad Coauette
Title: Executive Director/CEO
5/25/2021 1 10:47 AM CDT
Date:
OacuSlgned by:
�(Awa. P. mbar .
By. 40B.
Laura P. Hubbard
Title: Director of Municipal Sales
5/25/2021 1 10:46 AM CDT
Date:
Rev. 10/2020 17
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RFP 041521 - Plastic Refuse and Recycling Containers with
Related Technology Solutions
Vendor Details
Company Name:
Toter, LLC
841 Meacham Road
Address:
Statesville, North Carolina 28677
Contact:
Kellie Clark
Email:
toterbids@toter.com
Phone:
800-424-0422 09584
Fax:
833-930-1124
HST#:
56-1362422
Submission Details
Created On:
Thursday February 25, 2021 07:42:29
Submitted On:
Thursday April 15, 2021 13:38:28
Submitted By:
Kellie Clark
Email:
toterbids@toter.com
Transaction #:
el8be8d7-Oc74-4464-b735-48eb35840831
Submitters IP Address:
173.92.230.77
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
kem
Question
Response
Toter, LLC
1
_
Proposer Legal Name (and
applicable d/b/a, if any):
2
Proposer Address:
1841 Meacham Road, Statesville, North Carolina 28677
3
Proposer website address:
www.toter.com
4
Proposer's Authorized
Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina
Representative (name, title,
28677, Ihubbard@wastequip.com, 704-682-3398
address, email address & phone)
(The representative must have
authority to sign the 'Proposer's
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
T
Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina
5
Proposer's primary contact for this
proposal (name, title, address,
28677, Ihubbard@wastequip.com, 704-682-3398
email address & phone):
6
Proposer's other contacts for this
Kellie K. Clark, Sr. Manager of Bids and Contracts, 841 Meacham Road, Statesville, North
proposal, if any (name, title,
Carolina 28677, kciark@toter.com, 800-424-0422 Ext 09584, or 704-768-2584.
address, email address & phone)
Table 2: Company Information and Financial Strength
Line Question
Item I
Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Response'
Toter has been in continuous operation since 1962, originally as a subsidiary of
Rubbermaid Incorporated. Our headquarters is in North Carolina. The company
was organized as a private corporation in 1983 as Applied Products, Inc., changed
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. Toter products
have been included in Wastequip's Sourcewell contracts since 2014.
Toter introduced an automated cart system for curbside garbage collection
in the 1960s, earning us our well -deserved reputation as the go -to cart brand for
the collection of waste, recycling, and organics. We focus on developing products
that combine practical convenience, extreme durability and long-term value through
proven industry leading performance and warranty. Today we serve waste haulers
and municipalities as well as commercial, industrial and institutional customers
through regional manufacturing/distribution facilities located in Statesville, NC; Acuna,
Mexico: and Del Rio, TX. It is important to note that we are dedicated to the
waste industry, not manufacturing for any other industry.
Our company's core values include:
- We always act with safety, honesty and integrity.
- We serve customers to total satisfaction by delivering value oriented,
market leading products and services.
- We act quickly but thoughtfully.
- We identify and improve the things that matter most.
- We provide challenging opportunities with clear expectations.
- We embrace change.
- We make commitments and keep them, earn trust and create respect.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
What are your company s expectations in the
event of an award?
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
10 1 What is your US market share for the
solutions that you are proposing?
Toter anticipates a seamless transition from the current Wastequip contract to a
Toter plastic refuse and recycling containers contract. Our sales force, dealers and
distributors are ready to sell and provide solutions to our customers' needs. We
already have tools and staffing in place to promote the Sourcewell contract In the
marketplace among existing and potential customers to showcase our products and
services as total solutions using this contract. Toter would continue and increase
promotion in this way throughout the contract term. Toter will involve and improve
our dealer and distributor networks' understanding of how Sourcewell satisfies the
bidding/proposal processes of customers, and allows the customer to obtain product
they want and deserve, which also gains for Toter a competitive advantage. We
intend to continue revenue growth by continuing to gain market share. _
Toter, LLC is wholly -owned subsidiary of Wastequip, LLC. As a privately held
company, our financial statements are not made public and we do not require audits
of our divisions. Our unaudited financial statements for Toter, LLC for the year
ended December 31, 2020 are attached. Our trade references and banking
information is also attached in unredacted format for Sourcewell's eyes only, and a
redacted format for maintenance of confidentiality with entities requesting copies of
our information provided in this RFP response.
While Toter's exact market share information is company confidential and critical to
our strategy for success, we can share more about our market position. Based on
our internal estimates, we determined that Toter Residential consistently enjoys a top
3 position in the US market. Toter ProProducts maintains a top 5 position in the
US market.
11 What is your Canadian market share for the While Toter's exact market share information is company confidential and critical to
solutions that you are proposing? our strategy for success, we can share more about our market position. Even
though the Canadian market is not tracked as thoroughly as the US market, we
believe Toter Residential also holds a top 3 position in the Canadian market. We
would like to continue to grow our Canadian market share by continuing to try and
convince Canadian municipalities to utilize our contract with the help of groups like
RMA.
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
13 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
No.
(Toter, LLC Is a manufacturer and service provider, with a network of distributors and
dealers and best fall within item "b". The majority of Toter Residential sales are
made directly by 10 Regional Sales Managers (RSM) and supported by 2 Division
Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. We
also rely on well established dealers in certain states who aid in developing new
business and provide additional support services to Toter across the US and
Canada. Our RSMs, dealer network and service providers are fully supported by a
team of Customer Satisfaction Specialists, specialists at the Wastequip Call Center,
as well as a dedicated Bid/Contracts staff and a specific Warranty Team. All
dealers and service providers are independent third party contractors and employ
their own teams consisting of sales, service and warranty staff. Toter Pro Products
are represented by third party sales agents and dealers.
If applicable, provide a detailed explanation
Toter has applicable licenses to operate in the State of North Carolina, the state of I
outlining the licenses and certifications that
lour headquarters. We obtain licenses in municipalities and localities in which we
are both required to be held, and actually
I are 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 Z245.30-2008 - Waste Containers - Safety Requirements
RFP.
and Z245.60-2008 Waste Containers - Compatibility Dimensions Our roll carts
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
have been independently certified with Wind Tunnel Testing of empty Toter carts by
nationally recognized schools of aeronautical engineering and well as the Interagency
Grizzly Bear Committee (IGBC) approval of Toter Bear Carts.
None.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
=Response -
16
Describe any relevant industry awards or
As the parent company of Toter, Wastequip has received several recognitions:
recognition that your company has received
- In 2019, Wastequip was recognized by Charlotte Magazine as the Best Company
in the past five years
to Work For
- In 2017, Wastequip was recognized by the Charlotte Business Journal as the
Middle Market Leader of the Year
- In 2016, Charles Walton, founder of Wastequip, was named to the National Waste
& Recycling Association's Hall of Fame. The Award is presented annually to select
industry visionaries and icons that have created an enduring legacy through their
inspirational leadership, core values and significant contributions.
- In 2014, Wastequip was recognized by the North Carolina Chamber for the
Honorable Mention for the North Carolina Manufacturer of the Year (more than 5
years old)
Toter recognition:
- In 2020, Toter was named by Plastics News as the second highest rotational
molder in North America, as ranked by Plastics News. Toter continues to be rated
the highest ranked rotational molder of plastic waste containers in North America
(many years running) from this publication.
Executive Team Awards:
- Waste 360 awarded Toter's Chance Hennig, Southwest Regional Sales Manager,
to the 2021 class of "40 under 40" awards. Wastequip's Kristin Kinder (Vice
President of Research and Waste Stream Sustainability) and Henry Retamal
(President of Operations over Toter and other Wastequip divisions) were awarded
the same in 2019. The program recognizes inspiring and innovative professionals
under the age of 40 whose work in waste, recycling and organics has made a
significant contribution to the waste and recycling industry.
- In 2020, Nick Wiseman, Wastequip's CHRO, was recognized by the HRO Today
Association as a 2020 Finalist for the Engagement Strategy Excellence Awards for
the North America Region.
- In 2018, Steve Klueg, Wastequip's CFO, was recognized by the Charlotte
Business Journal as CFO of the Year.
- In 2018, Rich Sedory, Wastequip's General Council, was recognized by the
Charlotte Business Journal as Outstanding General Counsel of the Year.
17
What percentage of your sales are to the
Toter's sales to the governmental sector from 2018-2020 was 31 %.
governmental sector in the past three years
[
18
What percentage of your sales are to the Toter's sales to the governmental sector from 2018-2020 was 0.3%
education sector in the past three years _
List any state, provincial, or cooperative Our annual sales volumes on the aggregate for state or cooperative purchasing
19
purchasing contracts that you hold. What is contracts over the past three years is $28,180,661 in 2018, $37,439,412 in 2019,
the annual sales volume for each of these and $32,849,179 in 2020 (restrictions under the respective cooperative purchasing
contracts over the past three years? agreements prevent our ability to specifically identify annual sales volumes for each
such contract). _
20
List any GSA contracts or Standing Offers None.
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name "
Contact Name
Phone Number'
City of Memphis, TN
Phillip Davis
(901) 417-4027
City of Sheboygan, WI
Jason Blasiola f
Roshonda Woods
(920) 459-3447 Y
City of Chattanooga, TN
(423) 643-6837
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name
Entity Type
State !
Province'
Scope of Work
Size of Transactions "
Dollar Volume Past Three
Years
Municipality
Government
Texas - TX
96 Gallon, 64 Gallon , 32 Gallon
Average size of
$9,447,000
and 24 Gallon Carts for
Transactions = $787,000
Garbage, Recycling and Organics
with A&D Services
Municipality
Government
Texas - TX
96 Gallon, 64 Gallon and 32
Average size of
$6,369,000
Gallon Carts for Garbage,
Transactions = $172,000
Recycling and Yard Waste with
Full Maintenance Services
Municipality
Government
Texas - TX
96 Gallon, 64 Gallon and 48
Average size of
$6,255,000
Gallon Carts for Garbage,
Transactions = $139,000
Recycling and Organics
Municipality
Government
California - CA
96 Gallon Carts for Garbage and
Average size of
$5,733,000
Recycling with A&D Services
Transactions = $249,000
Municipality
Government
Texas - TX
96 Gallon, 64 Gallon and 48
Average size of
4,269,000
Gallon Carts for Garbage and
Transactions = $388,000
Recycling
Table 6: Ability to Sell and Deliver Service
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 fallowing 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
23
Sales force.
The majority of Toter Residential sales are made directly by 10 Regional Sales
Managers (RSM) and supported by 2 Division Sales Directors, 1 Municipal Sales
Director and 1 Vice President of Sales. Our Regional Sales Managers are based
in key locations throughout the US and will be responsible for field support of all
current and potential Sourcewell members. These industry experts perform all actions
necessary to produce a superior level of sales, including, but not limited to: making
sales calls necessary to cover territory, assisting with test programs and warranty
administration, and all other field service support. Toter Pro has 4 direct national
sales managers that work closely with distributors across the US. Our sales team,
dealer and distributor networks and service providers are fully supported by a team
of Customer Satisfaction Specialists, specialists at the Wastequip Call Center, as well
as a dedicated Bid/Contracts staff and a specific Warranty Team.
24
Dealer network or other distribution
Toter Residential has well established dealers in certain states who aid in developing
methods.
new business and provide additional support services to Toter across the US and
Canada. Toter Pro has a network of approximately 5 independent dealers and
approximately 100 national distributors. Our dealer network and service providers are
fully supported by our sales, service and warranty teams.
25
Service force.
We have a Service Division called ContainerPros that provides services to our
customers throughout the United States. ContainerPros provides services to plastic
and steel containers, carts and bins. ContainerPros employs a number of individuals
at multiple levels to manage and operate the services requested. These individuals
range from Directors, Project Managers, Project Coordinators, Project Supervisors,
Leads, etc. ContainerPros also utilizes multiple third -party vendors to assist in
projects across the US and Canada. There is no project too Large or too Small!
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
26 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
27 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
Toter prides itself on superior customer service and has significant experience
servicing both large and small municipal and privalety-owned accounts. multi -location
organizations like The Home Depot, Lowes, Walmart. True Value. Ace, Do -it Best,
Amazon, Wayfair, Meijer, and other retail entities. Our extensive customer base
demands rigorous, just-in4ime delivery performance and responsive customer service.
We believe, simply stated. that our commitment to preventing issues is the
key to satisfied customers. We want all customers to have a great experience with
our products — from their first contact with us all the way through product delivery
and warranty service_ As such. we have adopted the following customer service
credo:
COMMITMENT -
- We will treat all customers with respect (regardless of size)
- We will follow up with you upon receipt of your order to ensure satisfaction
- We will resolve any issues quickly
SUPPORT-
- We will provide a dedicated Customer Service Satisfaction (CSS) specialist for
each participating member (plus each CSS backs others' territories to ensure
seamless service)
- We will respond quickly on quotes (same -day response in most cases)
- We will provide an order confirmation (within 24-48 hours)
- We will call you with shipping & delivery information and provide early notification
should there be any issues with your order
Each Member will be assigned a dedicated Customer Satisfaction Specialist
(CSS). All CSSs are cross -trained on this contract and they will he available for
back-up and high -volume situations. The CSS team is managed by Toter's
Customer Service Supervisor, on-slte 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 will)
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 orderslprojects 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 Clawns and issues to provide accurate and expedited
service to all customers.
In the field are Toter's Regional Sales Managers who are industry experts
ready to assist with municipal contract issues, unique product applications, and all
other field service issues. They may also be responsible for reporting contract
updates. as well as forecasting large projects, coordinating non -core program items,
and general contract facilitation. Other RSMs will be available for bark -up in
emergency situations. Toter's executive level will ensure that long term strategic
partner issues such as ongoing cost reduclions and new product innovations are
pursued aggressively.
Toter has enjoyed the benefits of offering the Sourcewell contract to our customers
over the last 7 years and are excited about the opportunity to continue our
relationship with Sourcewell and growing sales off this contract over the next 5
years. All resources are in place for a seamless transition and our sales team is
very familiar with the contract and ready to promote a new contract to existing and
new agencies across the US. If awarded, we would notify existing customers
immediately so they can seamlessly transition from purchasing off our current contract
to our new contract.
28 Describe your ability and willingness to JTotpr has been fortunate to have our current Sourcewell contract adopted by RMA
provide your products and services to and has worked with them and other Canadian agencies on several opportunities.
Sourcewell participating entities in Canada. We hope to continue that momentum with a new Sourcewell contract and work to
expand our sales across Canada.
29
Identify any geographic areas of the United None.
States or Canada that you will NOT be
fully serving through the proposed contract.
30 Identify any Sourcewell participating entity None.
sectors (.e., goverment, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
31
Define any specific contract requirements
Toter serves all these areas, with ail of our products. We find that the difference in
or restrictions that would apply to our
our service involves Ocean Freight, different sized sea containers (different container
participating entities in Hawaii and Alaska
quantities than over -the -road semi truck loads), and varying schedules for shipments.
and in US Territories.
The shipments may vary due to restricted passage to these outlying stateslterritories
whose path of shipment may involve extreme seasonal and other weather -related
issues. We find that these customers are more than aware of these issues
surrounding their shipments, and they are most accepting of these differences for
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 7: Marketing Plan
LineJQu�o
Item
Response
32
Describe your marketing strategy for
Within selected media channels, Toter may announce its continuing partnership with
promoting this contract opportunity.
Sourcewell via a press release or other content delivery form. This will be directed at
Upload representative samples of your
those market categories with whom this message and value will resonate.
marketing materials (if applicable) in
Toter may advertise via digital and print platforms, including social media outlets,
the document upload section of your
with paid and organic creative. The target audience will include Government buyers in
response.
such segments as Public Works and Municipalities, and in such publications as American
City and County and/or Government Product News.
Our association and partnership with Sourcewell will be prominently displayed at
appropriate trade show events. Wastequip participates in a variety of major/national trade
shows, as well as having a presence in numerous regional shows and events. We will
promote the partnership by incorporating the Sourcewell logo on various show assets
(such as banner stands) and literature as appropriate.
The Toter Bids and Contracts Department will continue to be a primary conveyor
of our partnership with Sourcewell, and include the appropriate logo and data in quoting
and outreach as deemed necessary. This will extend the reach of Sourcewell into
markets that they currently may not serve and bring awareness to those markets.
Wastequip has numerous web properties that promote our value to the markets
we serve, and we will include Sourcewell information and possibly a link back to
Sourcewell (depending on link feasibility) on our web properties.
33
Describe your use of technology and
FACEBOOK: Toter utilizes both paid and organic posts to promote partnerships, product
digital data (e.g., social media,
releases, service offerings, and our dedication to creating and maintaining a sustainable
metadata usage) to enhance
environment. We are able to hone our message and be exacting in who we reach, and
marketing effectiveness.
our Facebook property allows for interaction with both customers (such as municipalities)
and the general consumer. We are able to capture these visits to our page and
understand if our messaging is resonating, and then adjust accordingly (if necessary).
LINKEDIN: This platform allows Toter to reach specific job titles and companies
that have an interest in our product, and also allows us to open the door to new market
opportunities and reaching new segments for penetration.
WASTEQUIP WEBSITE PROPERTIES: Within our websites, we provide the
value we offer to the market and answer the question of "Why choose Wastequip?" Our
sites are segment focused, with a sub focus on product. We are able to capture data
on visitors and gain a better understanding of what the market desires and what is
important to them when selecting a supplier of products and services.
BANNER ADS: Toter tracks site visitors and conversions from keywords and
banner ads as seen in publications of interest. Email inquiries are tracked through the
sales cycle in SalesForce by lead source. Toter uses Google Analytics, Pardot tracking,
SalesForce reporting, and pay per dick data to enhance the effectiveness of our
marketing campaigns.
WASTEQUIP YOUTUBE CHANNEL: Allows interested users (customers,
consumers) to actually view a variety of Toter products in use. This helps enhance
reputatian in the market, and broadens our message as being a provider of sustainable,
durable, and effective products.
TWITTER: Toter uses Twitter to share more news oriented content or retweet
relevant waste industry news content.
34
In your view, what is Sourcewell's role
By sharing the above listed responsibilities, Toter's aim is to strengthen the relationship
in promoting contracts arising out of
between our Regional Sales Managers with Sourcewell's professional staff. We also look
this RFP? How will you integrate a
forward to more proactive marketing of this contract through our Wastequip Marketing
Sourcewell-awarded contract into your
team using electronic media, email blitzes, product shows and promotional meetings. We
sales process?
feel we have the base information and knowledge to provide solutions to our customers
through Sourcewell, and we expect the contract change to be seamless, where we can
build on our existing efforts for meaningful and impactful efforts to raise awareness of the
contract.
35
Are your products or services
Due to the special requirements and customizations of Toter products, Toter does not have
available through an e-procurement
an e-procurement ordering platform. We accept purchase orders via Toter dedicated
ordering process? If so, describe your
email address, toterpo@wastequip.com, via mail and facsimile. We have worked with
e-procurement system and how
customers to utilize Ariba to generate purchase orders from draft carts that Toter has
governmental and educational
entered into Ariba Supplier Solutions. We also provide invoices via Ariba. Toter can
customers have used it.
enter order updates (delivery information) in a few customers' e-procurement systems, as
,well as invoices into municipal systems. Therefore, we have the ability to work with our
customers to accomplish what is needed when practicable.
Table 8: Value -Added Attributes
Line Question Response'
item
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
37
Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Describe any technological
advances that your proposed
products or services offer.
Toter offers plant tours for our customers upon request, and our staff is on hand for trouble-
shooting issues with containers or services.
In the field, we offer assembly instructions at the end of each project for containers
being serviced. This instruction usually takes 30 minutes or less due to the excellent design
of the products provided, at no charge to the customer.
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.
All technology solutions are based on modem 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 modem browser is used to access the software
solutions. All technology solutions are developed to be as user friendly as possible and the
implementation process is streamlined to the maximum.
We offer these technology solutions to increase revenue and gain market share,
reduce costs, provide greater stewardship of staff time/efforts resources, and improve
customer experiences overall.
Organics collection stresses carts because the density of food waste (6.25
pounds/gallon) is much higher than that of municipal solid waste (garbage) and recyclables
(max of 3.5 pounds/gallon). Sourcewell member agencies needing to collect residential and
commercial food waste should not face the decision of deploying small, two wheel carts
that do not have sufficient load rating for the application. In order to provide member
agencies with safe food waste carts, Toter offers a unique line of 21, 32 and 48 gallon
automated Organics carts that are load rated and independently certified to regularly receive
and dump food waste at a density of 6.25 pounds/gallon. In addition, we offer the 2
Gallon bin for collection of food waste in the resident's kitchen and a 13 gallon manual bin
for curbside collection. Toter also offers 2 and 3 Cubic Yard FELs with higher load ratings
to handle heavy food waste.
Only Toter offers a fully automated Rd latch, DuraLatch, that latches automatically
when the lid is dropped, opens with one finger, and opens automatically when the cart is
dumped by the truck. DuraLatch meets the long requested industry demand for the return
to a latching cart but without interfering with fully automated collection.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
38
Describe any "green" initiatives
Our parent company, Wastequip, is focused on building a bright future for our employees,
that relate to your company or to
our communities, and our environment. And our CORE program — reflecting our Corporate
your products or services, and
REsponsibility commitment to sustainability, diversity and philanthropy — exhibits our
include a list of the certifying
dedication to:
agency for each.
Helping define the future of the waste industry with progressive thinking and
leadership
• Developing products with consideration for the environmental impact to future
generations
• Employing a diverse workforce, providing development opportunities and valuing
diverse perspectives
• Continuing to demonstrate social consciousness so our team members and
customers are proud to work for or do business with Wastequip and Toter.
As part of the CORE program, Toter is committed to creating more sustainable
products, processes and facilities, without sacrificing legendary Toter quality. Future
generations are counting on us to create better products, and to do so more responsibly.
In 2020, we commissioned a survey of more than 100 municipalities and waste
haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better
understand our carbon footprint and help us set the most impactful goals to reduce our
carbon footprint. This survey confirmed that Municipalities and waste haulers consider Toter
carts to be the most sustainable on the market today, and the LCA study reaffirmed the
importance of durability and recycled content:
• Toter consistently delivers on durability with customers reporting service life much
longer than the 9 years of average service life of competitor carts owned by surveyed
entities, dramatically lowering the carbon footprint by longevity alone, plus the added
advantage of recycled resin inclusion listed below.
• Further, Toters ultra -low warranty claim rate (0.3%), ease of repair and recyclability
help reduce the raw material consumption and resources required to produce new carts.
• Currently, Toter carts can use up to 50% recycled content -- and we are striving to
reduce the virgin resin we manufacture with, while ensuring a durable cart that meets strict
quality standards for sun exposure, weight limits, extreme temperature changes, and impacts
from servicing. We also look for efficiencies in sourcing our materials and have switched
primarily to receiving resin via rail car, optimizing fuel -efficiency and reducing the number of
trucks on the road.
More information is available at Toter.com/about-us/sustainability.
39
Identify any third -party issued eco-
In 2020, we commissioned a survey of more than 100 municipalities and waste haulers and
labels, ratings or certifications that
a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon
your company has received for
footprint and help us set the most impactful goals to reduce our carbon footprint.
the equipment or products
This survey confirmed that municipalities and waste haulers consider Toter carts to
inctuded in your Proposal related
be the most sustainable on the market today, and the LCA study reaffirmed the importance
to energy efficiency or
of durability and recycled content.
conservation, life -cycle design
• Toter consistently delivers on durability with customers reporting service
(cradle-to-radle), or other
life much longer than the 9 years of average service fife of competitor carts awned by
green/sustainabil'dy factors.
surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the
I
added advantage of recycled resin inclusion listed below.
• Further, Toter's uhra-low warranty claim rate (0.3%), ease of repair and
recyclability help reduce the raw material consumption and resources required to produce
new carts.
• Currently, Toter carts can use up to 50% recycled content — and we are
striving to reduce the virgin resin we manufacture with, while ensuring a durable cart that
meets strict quality standards for sun exposure, weight limits, extreme temperature changes.
and impacts from servicing.
More information is available at Toter.com/about-us/sustainability.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as It applies to
Sourcewell participating entities?
Toter and Wastequip are not certified as any type of disadvantaged business. We do
foster diversity and our previously stated values set a common standard for all employees
with equal opportunity for emp!oymenl, training, performance evaluations and performance
rewards and advancements.
Toter is adept at meeting customer needs by attributing to goals that may be set
by our customers for subcontracting with certified Women or Minority Business Entities
(WMBE), Small Business Entities (SBE) or veteran owned business entities (VBE). For
example, Toter has served the City of Memphis, TN in recent years to provide carts and
cart assembly and distribution services, under Wastequip's Sourcewell Contracts. When a
municipality has such goals to be met for projects and orders, we are committed to utilizing
disadvantaged businesses whenever possible through Good Faith Efforts. We set out to
break down a given scope of work into tasks/service segments and then identify possible
use of disadvantaged businesses (usually certified by the municipality or required area or
entities) as subcontractors on a case by case basis. Toter has made a concerted attempt
to meet customer requested/required levels of participation. We believe it is our
responsibility as a well -established company, to help to grow and strengthen smaller,
disadvantaged businesses. An example of our commitment to furthering the health and
well-being of disadvantaged businesses is when our logistics team routinely uses certified
+(and uncertified) disadvantaged/small trucking companies which meet Toter logistics
1 standards, to transport goods all over the US and Canada. In another example, Toter also
uses a certified Women Owned Business to obtain office supplies for routine business
operations. J
Toter maintains our focus on solutions within the waste industry, and we do not manufacture
for any other industry. We also have long -tens experience with Sourcewell under
Wastequip's Sourcewell Contracts. We have already established routine Sourcewell
customers. We have mastered the ability to win deals with Sourcewell offerings, and we
have proven the abillty to have successful sales off a Sourcewell contract. Our Internal and
field sales, customer service, and all departments of Toter (as well as all divisions of
Wastequip) are well familiar with, devoted to, and appreciative of Sourcewell Contracts.
We are ready to further the action of satisfying all -consuming bid/proposal
processes of individual customers to allow both the customer and Toter to focus on
solutions for each customer, simultaneously conserving time, energy and resources through
Sourcewell's already -proposed and awarded full RFP process. We believe we have
experienced fewer bids through recent years as a result of our efforts at utilizing Sourcewell
to help customers to obtain the product and service that they deserve through a
piggyback. And with the proper tools, knowledge base, commitment and drive already in
place to build upon, we look forward to our customers getting more of what they want
through Sourcewell and Toter, as a "Win -Win" for all concerned.
Toter introduced the automated curbside cart system in North America during the
late 1960's, and Toter is the largest rotational molder in North America (as rated by
Plastics News). Toter is the leading supplier of wheeled, rollout carts (21-96 gallons) used
for curbside automated waste, recycling, organtts/yard waste by cities and government
entities, as well as private waste haulers. We offer Organics Carts with a higher load
rating (6.25 Ibs per gallon versus the required ANSI Standard load ratings for carts at 3.5
Ibs per gallon). And our Bear Tough Carts have a double -walled lid and steel -reinforced
rim to withstand repeated clawing and chewing, tested to withstand the wiles and vast
strength of bears. We tell the toughest bears to grin and bear it!
Toter is the "go to" for private haulers and recyclers to build cart fleets for
collection services. We work with Recology, Casefla, EDCO, Waste Pro, Santek, CR&R
and hauling/recycling companies varying in size; with resources readily in place for
production, assembly, distribution to residents, cart maintenance and retired carts recycling
services. We specialize in on -time detailed projects to set out carts to residential and
commercial properties to meet municipal collection start/set dates and deadlines. Our
containers for industrial, commercial and institutional customers complete the circle of
solutions in the marketplace.
Toter also supplies containers in the Retail Market to Lowes Home Improvement
Centers, The Home Depot, True Value, Ace Hardware, Do -It -Best Hardware, Wal-Mart,
Amazon, Wayfair, Meijer Stores, and other retailers. Retail customers and individual buyers
both find our retail products to outcast and out -task other products offered in stores.
ADVANCED ROTATIONAL MOLDING"' — In 1994, Toter introduced its patented
Advanced Rotational Molding"' process which has revolutionized both the rotational molding
and waste industry. With this new state-of-the-art manufacturing process. Toter molds
intricate designs heretofore impossible for conventional rotomolders. Toter's "zero stress"
molding technology offer important higher strength to weight ratios and durability advantages
over "high stress" processes suci) as injection molding. Toter carts are different from others
in the industry. During our molding process, molds are filled with a pre -measured amount
of plastic micro -pellets, then moved into an oven to melt the plastic material while the
machine rotates. This rotation in heat causes the plastic to coat the inside of the mold.
This method does not require high-pressure hydraulic equipment to fill the mold, so no
stress is introduced during the molding cycle (unlike stress created by injection molding).
The mold is transferred to a cooling chamber to cure, where a microprocessor controls the
cooling cycle to optimize impact strength and performance of the final product. After slowly
cooling with air and water, the cart is removed from the mold to be trimmers, imprinted and
assembled. Important products such as kayaks and bridge barriers are rotationally molded
because both products must withstand impact, just like carts most bounce back when
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
serviced by an automated arm, and especially in cold temperatures. Customers in extreme
environments have proved that advantage. Many of our customers have tried injection
molded carts and switched (or switched back) to our rotationally molded product due to the
lowest lifecycie cost of our carts. Our molding process and material afford a 15-20+ year
cart life expectancy, which In tum allows Toter to back our carts with a 12 year cart body
warranty and 10 years on all other components.
UNIQUE 12-YEAR CART BODY WARRANTY AND LOWEST COST OF
OWNERSHIP — Our roll cart warranty EXCEEDS INDUSTRY WARRANTY TERMS with cart
bodies covered by a unique and unprecedented 12 year non -prorated warranty (all Other
cart components have a 10 year non -prorated warranty) since early 2016. Because we
Rotationally Mold our carts rather than injection molding them as others do. we have a
proven life expectancy of 15 to 20+ years. Our 12 year body warranty avoids the
premature replacement of the body. which is the part of the cart that the cart lifting device
engages. This warranty is "putting our money where our mouth is." We believe our
customers will see a reduction in replacement cost of about $7 to $9 per cart over the first
12 years of service. As a result. all our roll cart customers obtain a currently unmatched
warranty in the roll cart industry!
In addition to the above roll cart warranty, our Front Load Containers carry a 3
year container warranty (90 days for casters and non -plastic components). Toter's warranty
claim process for all products is available upon request.
Toter carts offer the City the lowest total cost of ownership. Toter carts are more
durable and last significantly longer than competitors' carts. The City already has an
inventory of parts and is familiar with the cart repairs and high performance. All of these
advantages point to a product that will be environmentally friendly and highly sustainable in
maintenance and lasting service.
INNOVATION - NOT JUST A PLASTIC CONTAINER — We continue to be the first
and only manufacturer to design roll carts that are truly nestablelstackable when fully
assembled and "Ready to Roll". Our customers realize savings in staragelinventory costs
and experience savings in reduced number of replacement trips. Unlike injection molded
carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be
stacked up to 6-8 carts high as they require fewer square feet. Toter carts can be
delivered 3x more quickly than other brands by eliminating trips with more carts per load.
Cities and haulers save between 82-3 per cart in fuel. truck usage and labor expenses due
to Toter's nestability feature. Injection molders often claim this feature, but offer wheels that
pivottslide. or even still need wheels allached.
Toter is the first container manufacturer to have introduced a new color option for
the industry — Granite color bodies. This upscale took allows municipalities and haulers to
provide a low cost, premium finish to highlight new automated container programs.
Our 48 gallon size is often chosen for garbage, recycling or orgarrims A 64
gallon cart is 213 the volume of a 98 gallon cart, and many small quantity waste generators
are stuck with 64 gallon carts that are still too big to meet their needs. The 48
gallon "half cart" matches the lower wastelrecycling output of these customers. Louver
handles (4.25' to 5" lower than our 64 gallon cart) makes tilting significantly easier for all
users, including small and elderly residents. increasing user safety and reducing requests for
exemption from roiling out carts to the curb.
Our roll carts feature a patented ''Rugged Rim8" — with an upper rim engineered
as a closed tubular design, similar to square steel tubing. for maximum strength during
collection. The rim serves as a ledge on which the lid rests to create a tight seal between
body and lid, and it strengthens the upper lift point and al[ sides of the cart body. The lid
and rim together create a tight seal to keep odors in, not attracting vermin.
Toter carts and containers are an environmentally sustainable investment. Although
our carts are the 'World's Toughest Carts' ", 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 d❑ our part in being both a good corporate
citizen and a leader in new technology to improve our world. Fewer cart failures means
fewer carts replaced to maintain a perpetual cart system, reduced vehicle traffic for service.
and fewer pounds of raw materials (plastic and steel) consumed. We are also proud to
offer more carts from the factory per truckload than most competitors (often with a higher
level of assembly from the factory). This will reduce the amount of deliveries needed to
fulfill your orders. In short, a more sustainable program results. yielding a reduced impact
on our environment.
In addition to our proven long service life and very low repair rate. key parts on
Toter carts are interchangeable among our various cart sizes sunburst wheels, stop bars,
and lid hardware. This simplifies maintenance and reduces parts inventorylcosts. We
recognize the City's commitment to providing carts, parts, and services that will support the
best cart for its citizens.
Toter provides total cart fleet maintenance services. and Toter is currently servicing
the City of Fart Worth. TX with a maintenance program for its entire cart fleet.
Maintenance service options available include, but are not limited to: repairs, cart washing.
swapping one cart size for another, management of cart inventory, and recycling of unusable
carts or components. with response time from 2 to 5 business days.
Besides roll carts. Toter has a complete tine of 1, 2, 3 and 4 cubic yard plastic
front load containers. Each container features: steel rod reinforcement, ribbed bottom wear
chimes, double -walled lift pockets, integrated bumpers, and more. These features afford
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
I customers with enhanced durability, maximum pocket strength, protection for longer life, and
maximum space for custom signage. Our stackable design provides better
truckload/shipment and storage efficiency and are even stackable/nestable when the
container is fully assembled and ready for use!
PROFESSIONAL PRODUCTS - Toter manufactures an entire line of Professional
Products — commercial, industrial and specialized superior containers. Product offerings
include Two -Wheeled and Caster Carts, Organics, Medical Waste and Secure Document
Management Carts with standard single -wall or rotationally molded double -wall lids for
sealing off medical waste and organics (wet) materials, and for securing confidential
documents. These containers may be towable for additional efficiency and safety in moving
waste. Toter offers Atlas commercial -grade, large -capacity, Rugged Rim® cans with a
detachable lid and are fitted for dollies to roll and move materials smoothly. Slimline
Containers and Litter Containers provide effective, sustainable waste collection for industrial,
commercial and institutional inside and outside applications — and are available in a wide
range of styles for varied environments. Cube Trucks, Tilt Trucks, and Mobile Trucks are
perfect or moving large, heavy materials and waste to its final destination for use or
disposal. Many containers in this line are also towable for efficient and safe movement to
final disposal areas. You will find these various products in hospitals, colleges/universities,
research facilities, manufacturing industries, store environments, offices, public streets, malls,
sports arenas, convention centers, gas stations and convenience stores, and practically
anywhere you may venture!
Our Professional Products also include a comprehensive collection of
commercial/industrial mobile and stationary lift units, to also include truck mounted lifters
which are popular among haulers for municipal roll -cart collection. All are designed for
safety (meeting all applicable ANSI Standards for safety and dimensions), and the lifters
simply make work safer and easier.
In short, our containers and accessories are always extremely flexible and impact -
resistant, and easily handle the day-to-day abuse of waste collection. We promise that
every cart, every can, and every product will be built for extreme toughness, extreme wear,
and extreme purpose. They stand up to just about anything that's tossed in them — or at
them' Choosing Toter means you will secure a partner you can depend on, now and in the
future.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
item
Question
Response -
42
Do your warranties cover all products, parts, and
Yes, certain product warranties cover products and parts, but not labor for
labor?
container repairs provided by Toter.
43
Do your warranties impose usage restrictions or
Please see attached Toter warranties for full details and terms. Our
other limitations that adversely affect coverage?
warranties do not apply to any container which has been subjected to
misuse, misapplication, negligence, alternation or accident.
44
Do your warranties cover the expense of
Toter only replaces the warrantied item or component/part as a part for part
technicians' travel time and mileage to perform
replacement (replace failed wheel with a wheel, failed lid with a lid, failed
warranty repairs?
body with a body, etc.). Standard container warranties in the carycontainer
industry do not include repairs of containers, but only provide the parts for
customers to make repairs. Toter does, however, offer a Full Service Cart
Maintenance Program that is included in our products and service offerings
section of this proposal.
45
Are there any geographic regions of the United
Toter only replaces the warrantied item or component/part as a part for part
States or Canada (as applicable) for which you
replacement (replace failed wheel with a wheel, failed lid with a lid, failed
cannot provide a certified technician to perform
body with a body, etc.). Replacing product parts are simple and easy
warranty repairs? How will Sourcewell
actions, with most requiring only 3 minutes or less for repairs, thus not
participating entities in these regions be provided
requiring warranty repair seances. For large fleets of roll carts owned by
service for warranty repair?
municipalities. Toter offers a Full Service Cart Maintenance Program that is
included In our pmdtcts and service offerings section of this proposal.
46
Will you cover warranty service for items made by
Original equipment manufacturers warranty will apply and any service needed
other manufacturers that are part of your proposal,
will be coordinated with Toter through our standard warranty procedure.
or are these warranties issues typically passed on
to the original equipment manufacturer?
47
What are your proposed exchange and return
Toter backs all products with its return and restocking policy. A Return
programs and policies?
Authorization Number must be obtained from Toter Customer Service
(Phone — 800-424-0422 or 704-872-8171, and Fax — 704-930-1124) within
five (5) days of receipt of goods and before merchandise may be returned
for credit. Returns must be completed within sixty (60) days of invoice date.
All transportation charges for returned merchandise must be PREPAID by
the shipper. Returned saleable merchandise accepted by Toter for credit is
subject to a 15% restocking charge. If any portion of the goods delivered to
the Buyer are defective or are otherwise not in accordance with contract
specifications. Toter shall have the right in Its discretion either to replace
such defective goods or to refund the portion of the purchase price
applicable thereto. No goods shall be returned to Toter without Toter's written
consent. Carts with custom markings cannot be returned. In no event shall
Toter be liable for the cost of processing, lost profits, injury to goodwill or
any other special incidental or consequential damages.
48
Describe any service contract options for the IFor large fleets of roll carts owned by municipalities, Toter offers a Full
items included in your proposal. Service Cart Maintenance Program that is included in our pricing section of
this RFP. The Maintenance Program may provide repairs for just Toter
carts, or may also include maintenance of other brands of carts.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 10: Payment Terms and Financing Options
Line
Itern
49
50
Question
What are your payment terms (e.g., net 10, net 30)?
Describe any leasing or financing options available for use
by educational or governmental entities.
51 Briefly describe your proposed order process. Include
enough detail to support your ability to report quarterly
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating
entities' purchase orders.
52 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Table 11: Pricing and Delivery
Response'
Toter, LLC standard payment terms are Net 30 Days if credit has
been established.
As a benefit of being a Wastequip division, Toter provides a bridge
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, ToterNVastequip Finance, and
NCL have a common goal to provide solutions to Sourcewell
members that will substantially after the future for all in the most
positive ways. Please also refer to a NCL flyer at the end of our
file uploaded under "Pricing".
Our general outline for order processing is:
1. Toter prepares proposal documents based on product selection
by Sourcewell Member
2. Sourcewell Awarded Contract logo quote is provided to the
Sourcewell member utilizing our SalesForce.com CRM system
3. Upon quote acceptance, the Sourcewell Member issues a
Written Purchase Order to Toter.
4. Order is inputted electronically into the Toter MACOLA order
entry system.
5. Order details are confirmed in writing by the customer with an
Order Confirmation and Markings Approvals Forms.
6. Once signed order acknowledgement is received, order is
released for production.
7. Toter logistics team contacts Sourcewell Member to schedule
delivery
9. Order is delivered to Sourcewell Member
10. Sourcewell Member is invoiced
11. Report of Sales is generated our of the Toter Macola order
system for specific reporting periods as needed.
12. Sales from Macola are reported to Sourcewell, and
administrative fee is paid per the percentage to be determined by
time of Sourcewell Award/Contract (per contract established
schedule).
Toter accepts P-card procurements/payments. Our preferred method
of payment is wire, ACH or check.
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
FLIne Question
m
Response'
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
53 Describe your pricing model (e.g., line -item discounts or
product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
54 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.
55 Describe any quantity or volume discounts or rebate
programs that you offer.
56 Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open
market" items or "nonstandard options". For example, you
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
57
Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
Toter Residential does not have set list pricing, therefore we are
offering a line item ceiling pricing model that is comparable to
other co-operative contracts and gives us the flexibility to price
competitively while allowing our dealer network to utilize the contract
(and they always prefer using the Sourcewell contract above other
co-operative contracts). Toter Pro Products pricing model is a
discount off list price. We have provided a detailed price list for
all products and services that include model numbers and
descriptions. Each price guide will include options available as
upgrades to the base pricing for that specific product line.
For Toter Residential, please refer to responses to questions 53
and 55. Toter Pro pricing model to Sourcewell is discounted at
30% off of list price.
Toter Residential has provided incremental volume discounts in our
pricing structure. We may offer discounts off the base price for
large projects when possible, giving the customer the benefit of
making larger purchases and permitting Toter the opportunity to be
flexible in competitive situations as required. We believe that it will
be to both Toter's and the Member's advantage for this contract to
allow flexibility with larger quantity discounts. As such, we do not
feel it is in either of our best interests to set prices for large
projects but rather offer discounted pricing based on the details of
each such project. Relevant details could include the quantity of
each product size needed, project timing, and services included.
We believe we have the broadest range of products and services
for waste and recycling containers in the market and have included
all our offerings in our proposal. As any new products are
developed, we will reach out to Sourcewell and request those be
added to our contract. Any "sourced" products or related services
will be offered to Sourcewell Members an a Supply Quote basis.
We will provide the member with a quote for all items not listed on
our Sourcewell contract (the 2% fee is and/or wip be included in all
Toter quoted prices, except for freight charges).
We have tried to be extremely thorough in including pricing to cover
all products, options and services a customer may need with the
purchase of waste and recycling containers. However, due to the
unique nature of our industry, there may be a few instances where
the total cost of acquisition is not included in our proposal pricing.
1. Installation: Due to the customized nature of our business,
each customer's project installation is unique, and therefore, quoted
individually. Unique installations may include, and are not limited to
requirements such as RFID tailored inventory and container
management systems, interim storage of containers, additional labor
for customer preferences, and more. Any of these products or
services outside what we have provided in our proposal will
be "Priced on Request".
2. Assembly and Delivery: Special needs for Assembly and
Distribution related projects will be "Priced on Request" due to the
unique needs of municipalities for each project at hand. the site,
or "staging area", if provided by Toter, will be "Price on Request"
also due to the unique needs of each project, in addition to wide
price variables for locations. Cart Litters for Residential Collection
Vehicles can be installed with "Price on Request". Cart Lifters for
Toter Pro Products will be quoted and installed with "Price on
Request" due to the unique needs of each project.
3. Taxes - Local, State and Federal Sales or Use Taxes or any
applicable ferry costs, customs duties, levies and taxes are not
included in our proposed pricing models. If required, taxes will be
added at time of quote and/or invoice. Also, Canadian
GST/HST/PST taxes are not included in our proposed pricing
models, and PST is not paid by Toter. If we are required to pay
PST, then the Member will be required to reimburse Toter for these
taxes. Any applicable taxes will be added to our quote and/or
4. Canadian members may require pricing to be provided in
Canadian Dollars/Currency (CAD). While our pricing is listed in
United States Dollars/Currency (USD), we are certainly able to
provide the CAD equivalent pricing based on our USD Sourcewell
price list and Foreign Exchange rates from Bank of Canada
resources.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
58
If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Toter has strategically located in the US which allows us to best
service our customers. We have extensive import/export experience
and an expansive logistics group available to assist Sourcewell
Members. Toter is able to involve outside logistic companies to
participate in shipping by freight hauler/common carrier,
subcontracted off-loading, assembly, installation and distribution as
required by the Member needs and demands. We will evaluate
each order as a unique opportunity and consider the Sourcewell
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 2% Administrative Fee.
59
Specifically describe freight, shipping, and delivery terms or
We use a combination of contracted motor carriers and freight
programs available for Alaska, Hawaii, Canada, or any
forwarders to deliver shipments destined for locations such as (but
offshore delivery.
not limited to) Alaska, Hawaii, American Samoa, and Puerto Rico.
We also have dozens of carriers already under contract that
participate in delivering all modes of freight across the Canadian
provinces. We have extensive import/export experience and an
expansive logistics group available to assist Sourcewell Members.
Toter is able to involve outside logistic companies to participate in
shipping by freight hauler/common carrier, subcontracted off-loading,
assembly, installation and distribution as required by Member needs
and demands. We will evaluate each order as a unique opportunity
and consider the Members' order volume and location. Note that
Freight: Cost of shipping/delivery shall be paid by the End User.
Calculations of the freight/delivery charges will be based on
prevailing rates at the time of quote and included on the quote as
a separate line item. This cost will not include the 2%
Administrative Fee.
60
Describe any unique distribution and/or delivery methods or
Toter has the ability to meet unique customer needs with Driver
options offered in your proposal.
Assistance (truck driver moves product to the entrance/exit of 53'
truck for customer to remove off the trailer). IM gates (to meet
special circumstances with no dock, etc.), combined loads (mufti -
,stop
capability to drop at up to 3 locations close together). For
your
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).
Table 12: Pricing Offered
Line
The Pricing Offered In this Proposal is:
Comments
61
c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
Except as otherwise
departments.
contractually obligated.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Table 13: Audit and Administrative Fee
Line
Item
question
Response
62
Specifically describe any self -audit process or program that you
Toter discusses needs with the Sourcewell Member to
plan to employ to verify compliance with your proposed Contract
identify solutions and generate a quote that includes the
with Sourcewell. This process includes ensuring that Sourcewell
Sourcewell logo and Contract number/information of
participating entities obtain the proper pricing, that the Vendor
reference. Once the Member's Purchase Order is received,
reports all sales under the Contract each quarter, and that the
Toter enters the order coded as a "Sourcewell" sale into
Vendor remits the proper administrative fee to Sourcewell.
Macola, or order system. Quarterly, a report is generated
from the order system and spot checked for accuracy by
comparing to quotes from our Salesforce application to
ensure the order was coded appropriately and included in
the reporting.
63
Identify a proposed administrative fee that you will pay to
Toter is proposing a 2% administrative fee that is calculated
Sourcewell for facilitating, managing, and promoting the Sourcewell
and included in the contract dollar amount for products listed
Contract in the event that you are awarded a Contract. This fee
in our pricing section. Please note that freight costs will not
is typically calculated as a percentage of Vendor's sales under the
be included in this fee.
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line (Question
Item
64
Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Response`
Toter, LLC is a Wastequip brand which is a manufacturer and marketer of high -
quality plastic containers and related products, 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!
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 oft -the -shelf products., we specialize in consulting
with our customers to create customized waste management solutions. We also
offer technology solutions identified in later questions within this platform.
Specific to Toter Residential Products and Solutions, we offer a wide range
of services:
Receiving and Unloading: Receive the loads as they arrive from
Toter, per a predetermined ship schedule, then unload the stacks of carts and
arrange them on the customer site by size and waste stream, if applicable.
Assembly: Assemble the stacks of carts in preparation of delivery
to the resident address listing, or for storage, as determined in the scope of work
meetings. Assembled carts will be stacked according to size and waste stream, if
applicable.
Distribution: Distribution of carts to the service area residents as
predetermined during scope of work meetings. Carts will generally be placed at the
curbside of the appropriate address, unless special attention is called out during the
scope meetings.
Data Collection - Record Serial Numbers: Serial numbers of the
cart delivered to a specific address will be recorded to the address listing provided
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
by the customer. This will assist customers in tracking their assets in the field. Upon
completion of the project, we will provide customers with a completed address
listing showing the appropriate serial number of the cart delivered to each address.
This will be done when a single cart per address is delivered, as well as when
multiple carts and streams are delivered to a single address. When project is
complete, customer will have the most up to date data on assets and where they
are located.
Data Collection - RFID Scanning: RFID tags will be scanned, to
the address listing provided by the customer per each cart delivered and associated
to that particular address. When RFID tags are scanned as a delivery method, the
following data will also be collected: RFID tag number, Serial Number, time stamp,
and geo coordinates. This will assist customer in tracking their assets in the field.
Upon completion of the project, we will provide customer with the completed
address listing showing the appropriate data set of the cart delivered to each
address. This will be done when single cart per address is delivered, as well as,
when multiple carts and streams are delivered to an address. When project is
complete, customer will have the most up to date data on assets and where they
are located.
Sticker/Label Application: A customer provided sticker/label will be
applied to the cart/container as described in scope of work. This can be done on
new project where all new carts receive label/sticker prior to distribution. Or, labels
can be applied to carts that were previously in the field.
Old Cart Retrieval: Old carts may be retrieved and brought back to
the customer site for either future use or disposal (recycling). This service can be
provided in conjunction with new cart deliveries to ensure no disruption of waste
services. Additional items can be contracted: sorting of old carts to specifications,
disassembly of carts to be recycled, loading of carts to be recycled onto trailers for
transport to recycler. We would manage the whole process to provide a seamless
solution for retrieval and disposal of any old carts.
Route Audits: Route auditing service could include: auditing service
levels, auditing income, route ID verification, waste characterization, lid flips,
contamination material ID, etc. We would determine your route auditing needs and
provide a plan and the associated crews to complete that plan. At the end of the
project, the customer would have a cleansed route and all associated data points
required to adequately understand those routes and how it is affecting their business.
Commercial Bin Delivery: Delivery of commercial bin (FEL's and
REL's) to all associated commercial addresses. Receiving of commercial bins and
assembling commercial bins is also offered. Just as with the residential deliveries, a
scope of work will be established to provide a comprehensive solution to your
commercial bin needs.
Commercial Bin Exchange: Exchange of commercial bins (FEL's
and REL's) for all associated commercial addresses. This service provides delivery
of new bins and removal of old bins at the same time. Receiving of commercial
bins and assembling commercial bins is also offered. Just as with the residential
deliveries, a scope of work will be established to provide a comprehensive solution
to your commercial bin needs.
Cart Maintenance: Cart Maintenance Services are offered to
provide a seamless solution for all of the customer cart maintenance needs. From
new deliveries, cart removals, cart repairs, and more, we provide piece of mind that
all resident requests will be fulfilled within the agreed upon service level agreement.
We provide inventory level management to ensure that you always have assets to
keep each resident with the appropriate carts for waste disposal. Assist in
managing warranty claims, and keeping all carts cleaned and prepped for return to
service. Managing all parts associated with the cart inventory ensures a cost
savings may be repurposing where appropriate. Having a cart maintenance provider
will give you piece of mind and produce a cost savings.
65
Within this RFP category there may be
Please see our answer to Question #64. Additionally. subcategories will address
subcategories of solutions. List subcategory
challenges with any customer by providing user-friendly containers to efficiently correct
titles that best describe your products and
waste, plus subcategories of solutions to provide effective automated
services.
coltectiort<transportationddisposal 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
lifiersldumpers, towing and other options, choosing from a seemingly endless
provision of solutions Our technology assists customers to manage cart fleets and
container maintenance and inventory. As a service provider, we are prepared to
offer any customized service needed. We realize that the waste industry encounters
some interesting opportunities and we are willing to work with each customer to
provide a solution to needs as they arise. No job is too Big or too Small!
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Line
Item
Category or Type
Offered
Comments
66
Residential -sized refuse and recycling containers,
a Yes
Toter, LLC is a Wastequip brand which is a manufacturer and
collection bins, dumpsters, and carts of principally
r No
marketer of high -quality plastic containers and related products,
non-metallic composition
solely dedicated to the waste industry for residential, hauler,
industrial, commercial and retail accounts. We are dedicated
to the waste industry, not manufacturing for any other industry.
Our products are built to last and manufactured using our
Advanced Rotational Molding process, which results in "Built for
Extremes" stronger, more durable products than those from
injection -molded manufacturers.
Our containers are categorized into two areas:
Residential Products and Solutions - primarily for
municipalities/government entities for waste collection.
We "cart" entire cities, counties, townships, parishes, and
regions with carts for refuse, recycling, organics, yard waste
and other specialized needs. We offer the options and
features to customize containers, and when combined with the
advantages of Toter carts, our customers have successful waste
programs. We also offer the options and services solutions to
round out the customers' programs, with lifters to mount onto
collection vehicles, special recycling lid features, and a
seemingly endless list of available options, based on our long-
term and current experience with customer needs.
Pro Products and Solutions - primarily for industrial,
commercial and institutional customers, we have designed
containers and end -to -end solutions designed to safely and
efficiently collect, transport and dispose of waste and
recyclables. Our containers and waste handling equipment
offer end -to -end solutions designed for educational, healthcare,
food service, manufacturing, hospitality, convention centers,
stadiums, public spaces, facility management, retail (back of
house), construction, and more!
67
Commercial and institutional -sized refuse and
r. Yes
Toter, LLC is a Wastequip brand which is a manufacturer and
recycling containers, collection bins, dumpsters, and
r No
marketer of high -quality plastic containers and related products,
carts of principally non-metallic composition
solely dedicated to the waste industry for residential, hauler,
industrial, commercial and retail accounts. We are dedicated
to the waste industry, not manufacturing for any other industry.
Our products are built to [as[ and manufactured using our
Advanced Rotational Molding process, which results in "Built for
Extremes" stronger, more durable products than those from
injection -molded manufacturers.
Our containers are categorized into two areas:
Residential Products and Solutions - primarily for
municipalities/government entities for waste collection.
We "cart' entire cities, counties, townships, parishes, and
regions with carts for refuse, recycling, organics, yard waste
and other specialized needs. We offer the options and
features to customize containers, and when combined with the
advantages of Toter carts, our customers have successful waste
programs. We also offer the options and services solutions to
round out the customers' programs, with lifters to mount onto
collection vehicles, special recycling lid features, and a
seemingly endless list of available options, based on our long-
term and current experience with customer needs.
Pro Products and Solutions - primarily for industrial,
commercial and institutional customers, we have designed
containers and end -to -end solutions designed to safely and
efficiently collect, transport and dispose of waste and
recyclables. Our containers and waste handling equipment
offer end -to -end solutions designed for educational, healthcare,
food service, manufacturing, hospitality, convention centers,
stadiums, public spaces, facility management, retail (back of
house), construction, and more!
68
Lift and tipping solutions for stationary carts and
c Yes
Toter also offers lift and tipping solutions for attachment to
dumpsters
r No
collection vehicles and as stationary units which collect and
remove waste from roll carts located at households and
commercial properties and buildings.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
69
Technology solutions related to the management of,
r Yes
Toter offers our technology solutions for cart and container
or planning for, collection of refuse and recycling
r No
deliveries and the subsequent management of these assets.
materials from containers of the type described in
The combination of a web -based operations management
RFP Section 1. a - b.
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
i
verification. These data are visualized in the web -based
platform.
Table 15: Industry Specific Questions
Line Question
Item
Response'
70
If you are awarded a contract, provide a
Toter develops monthly, quarterly and annual targets to drive business to include
few examples of internal metrics that will
municipal sales. This is tracked closely to make sure our sales team is proactively
be tracked to measure whether you are
working to meet theses goals. We will also run quarterly reports specific to sales off
_
having success with the contract.
the contract to review and compare to prior sales history.
71
Describe your organization's approach to
Data Collection - We collect data in order to provide our goods and services, to
the collection, storage, usage, ownership,
process requests received (inciuding warranty requests), and to provide support. We
and rights of customer data that is
do not knowingly collect personal information from children under 13 years of age,
gathered in the normal course of business.
Additional reasons for data collection may be viewed in our Privacy Policy at
www.wastequip.com/privacy-policy. This data may include personally identifiable
information such as name, postal address, e-mail address, and telephone number.
Information collected automatically by our website or systems may include usage
details, IP addresses, browser type, operating system and information collected
through cookies, web beacons, and other tracking technologies.
Storage - Information you provide to us is stored on our systems using, at a
minimum, industry standard data security practices. Any payment transactions are
processed through third party providers using SSL and other encryption technology.
Data - We use information that we collect, including any personal information
to provide information, products, or services that are requested from us. We provide
our third -party vendors, service providers, and contractors with information in order to
service our accounts or provide repairtwarranty services for products purchased from
us.
Ownership and Rights - Wastequip customers own their own personal data.
Wastequip follows all applicable local, state, and federal privacy laws including the
California Consumer Privacy Act (CCPA). Customers and others may contact
Wastequip at any time to confirm, correct, or delete their personal information
provided to us as allowed by applicable law.
The above represents a summary of key Privacy Policy terms relevant to
Sourcewell's Participating Agencies. Please visit www.wasetquip.com to view our full
Privacy Policies.
72
Explain your organization's approach to
We have implemented measures designed to secure personal information and other
data protection and access.
data from accidental loss and from unauthorized access, use, alteration, and
disclosure. Only authorized Wastequip personnel have access to the data on our
Wastequip servers. We follow strict procedures to ensure that all data is transmitted
between systems securely (HTTPS, TLS, etc.).
All Wastequip systems, including servers, firewalls, switches, etc., are
updated, secured (physically and logically), and systems are continually monitored to
protect against unauthorized access of sensitive data. Any decommissioned hardware
is required to have all hard drive wiped in accordance with our policies.
Data collected by or provided to Wastequip is shared with Wastequip
contractors, service providers, and other third parties when needed or required to fulfill
contractual obligations with our customers. We strive to ensure that our third -party
providers provide at least the same level of data protection as we do.
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
73
Describe how your offering encourages
The Recycling Partnership's latest report on the state of curbside recycling shows that
increased participation in recycling and
cart collection can increase the weight of recyclables collected by almost 30°% (pg 18)
diversion programs.
so purchasing any cart increases recycling participation, improves efficiency for
haulers, and fosters single -stream, which is easier for consumers.
Curbside recycling programs depend on resident participation, and resident
participation depends on education and convenience. Purchasing a Toter cart further
improves recycling participation, because Toter's rotomelded carts are more durable.
With an ultra4cw warranty claim rate of a311%. Toter customers rarely encounter issues
with our carts. Additionally, Toter customers report an average service life much longer
than the 9 years of average service life of competitor carts owned by surveyed
entities, dramatically lowering the carbon footprint by longevity alone. Toter carts also
feature a best -in -class tilt-to-r❑II ratio, which means residents can maneuver their Toter
cart with ease. With high quality equipment, residents can focus on what to put in
their carts, not replacing them or working with faulty equipment -
Higher durability and fewer warranty claims mean a lower carbon footprint,
but equally important, mean a lower total cost of ownership for municipalities, which
can allow municipalities to invest more of their budget in education and outreach
programs to improve recycling.
Cart colors and graphics are the primary education points for residents. Toter
carts are available in a variety colors that can help distinguish different streams for
waste and recyclables. Additionally, Toter offers a variety of options for cart graphics
to educate residents about acceptable recyclables.
Toter also offers cart colors and sizes for co0ecting organic waste, and their
durability is well -suited to handle heavier food waste.
74
Identify if your offered technology solutions
Wastequip's technology solutions for Assembly & Distribution as well as Asset
are available through mobile device
Management and Service Verification are available through a web -based Platform and
applications and with what operating
thus are compatible with the majority of modern operating systems. The recommended
systems they are compatible.
browsers are GOOGLE CHROME or FIREFOX. In addition to this, the mobile App is
available for modern ANDROID Systems. This App is used by crews in the field to
perform Work Orders, Service Requests or Deliveries. RFID Scanning requires
specific hardware which is available through this contract.
75
Describe any design and manufacturing
Advanced Rotational MoldingTm eliminates built-in stress, weakness and brittleness
processes or materials utilized that
associated with injection molded products, and increases durability. Toter cans are the
contribute to product attributes such as
only rotomolded carts on the market and consistently show up as the most durable.
longevity, ease of use, safety, or reduced
In 2020, we commissioned a survey of more than too municipalities and
life cycle costs.
waste haulers and a Iifecycle analysis (LCA) of a Toter cart over its entire life, to
better understand our carbon footprint and help us set the most impactful goals to
reduce our carbon footprint.
Toter consistently delivers on durability with customers reporting service life
much longer than the 9 years of average service life of competitor carts owned by
surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the
added advantage of recycled resin inclusion listed below.
Toter's uHraaow warranty claim rate (0.3%), ease of repair and recyclability
help reduce the raw material consumption and resources required to produce new
carts and ensure that residents are able to use our products with fewer issues.
Reducing the amount of virgin resin that we use in manufacturing is one of
the most important ways we can lower our environmental impacts. We believe in
continuously improving our of cr ency with our own scrap material and using recycled
material from reliable sources. whether from end -of -life consumer waste or other
plastic manufacturers.
We also recognize that purchasing recycled content from consumers through
curbside (or residential) recycling programs supports the businesses and markets that
drive recycling programs providing both economic and environmental benefit to local
communities.
As we strive to replace virgin resin in our products with as much recycled
content as possible while maintaining durability, we are guided by standards and
definitions directed by regulations such as 40CFR Part 247 and industry partners like
The Recycling Partnership and the Association of Plastic Recyclers:
Post Consumer Recycle (PCR) - 40 CFR, 247.3 Definitions:
P❑stccrisumer material means a material or finished product that
has served its intended use and has been diverted or recovered from waste destined
for disposal, having completed its Life as a consumer Rem. Postconsumer material is
a part of the broader category of recovered materials.
Recovered Materials — 40 CFR, 247.3 Definitions:
Recovered materials means waste materials and byproducts which have been
recovered or diverted from solid waste, but such term does not include those
materials and byproducts generated from, and commonly reused within, an original
manufacturing process. _
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract Text.
Line Item 76. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Financial Strength and Stability - Toter Answer #9 - Financial Strength and Stability (4-2021).pdf - Wednesday April 14, 2021
15:18:21
• Marketing Plan/Samples - Toter Answer #32 - Marketing Samples.pdf - Wednesday April 14, 2021 15:18:37
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Toter Answers #42-#48 - Warranty and Warranty Claims.pdf - Wednesday April 14, 2021 15:18:53
• Pricing - Toter Price List for Sourcewell 041521 (with Price Adj, Leasingj) 4-15-2021.pdf - Wednesday April 14, 2021 15:19:47
. Upload Additional Document - Toter Answers #64, #65 - Toter Products.pdf - Wednesday April 14, 2021 15:20:42
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: h :II w treasu ovl € wnl❑ i f;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
hit ps1fsarn,govlSAMI; or
Bid Number: RFP 041521 Vendor Name: Toter, LLC
DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
w By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Laura Hubbard, Director of Municipal Sales, Toter, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
e Yes c No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name
below addendum and pages
attachments (if
applicable)
Addendum _4_Plastic Refuse Recycling_Containers RFP 041521
rJ
Wed March 17 2021 03:40 PM
Addendum _3_ Plastic _ Refuse_ Recycling_Containers_RFP 041521
ry
Mon March 8 2021 09:41 AM
1
Addend um_2_Plastic_Refuse_Recycling_Containers_RFP_041521
rr
Fri March 5 2021 04:19 PM
Addendum _1_Plastic _Refuse _Recycling Containers_ RFP_041521
-
Mon March 1 2021 04:31 PM
Bid Number: RFP 041521 Vendor Name: Toter, LLC
EXHIBIT C
CITY'S INSURANCE AND INDEMNITY
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full
force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California
and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized
in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion.
The required policies of insurance as stated herein shall maintain limits of liability of not less
than those amounts stated therein. However, the insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds to the named
insured.
(b) If at any time during the life of the Agreement or any extension, VENDOR or any
of its subcontractors fail to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or that
become due to VENDOR shall be withheld until notice is received by CITY that the required
insurance has been restored to full force and effect and that the premiums therefore have been
paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this
section shall in any way relieve VENDOR of its responsibilities under this Agreement. The
phrase "fail to maintain any required insurance" shall include, without limitation, notification
received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by VENDOR shall not be deemed to release
or diminish the liability of VENDOR, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by VENDOR. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of VENDOR, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non -owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non -owned automobiles or other licensed vehicles (Code 1- Any
Auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter,
insurance with limits of liability not less than those set forth below. However, insurance limits
available to CITY, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER'S LIABILITY with limits of liability not less
than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY,
its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and VENDOR shall also be responsible for payment of any self -
insured retentions. Any deductibles or self -insured retentions must be declared on the
Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the
option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured retentions
as respects CITY, its officers, officials, employees, agents and volunteers; or
(ii) VENDOR shall provide a financial guarantee, satisfactory to CITY'S Risk
Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or self -insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice has been given to CITY,
except ten (10) days for nonpayment of premium. VENDOR is also responsible
for providing written notice to the CITY under the same terms and conditions.
Upon issuance by the insurer, broker, or agent of a notice of cancellation,
nonrenewal, or reduction in coverage or in limits, VENDOR shall furnish CITY
with a new certificate and applicable endorsements for such policy(ies). In the
event any policy is due to expire during the work to be performed for CITY,
VENDOR shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to
the expiration date of the expiring policy.
(ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers
as an additional insured. VENDOR shall establish additional insured status for
the City and for all ongoing and completed operations under Commercial General
policy by use of ISO Forms or an executed manuscript insurance company
endorsement that must be as broad as that contained in ISO Forms: GC 20 10
11 85 or both CG 20 10 & CG 20 37.
(iv) All such policies of insurance shall be endorsed so the VENDORS' insurance
shall be primary and no contribution shall be required of City. The coverage shall
contain no special limitations on the scope of protection afforded to City, its
officers, officials, employees, agents and volunteers. If VENDOR maintains
higher limits of liability than the minimums shown above, City requires and shall
be entitled to coverage for the higher limits of liability maintained by VENDOR.
(v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
(vi) For any claims related to this Agreement, VENDOR'S insurance coverage shall
be primary insurance with respect to the CITY, its officers, officials, agents,
employees and volunteers. Any insurance or self-insurance maintained by the
CITY, its officers, officials, agents, employees and volunteers shall be excess of
the VENDOR'S insurance and shall not contribute with it.
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers.
PROVIDING OF DOCUMENTS - VENDOR shall furnish CITY with all certificate(s) and
applicable endorsements effecting coverage required herein All certificates and
applicable endorsements are to be received and approved by the CITY'S Risk
Manager or his/her designee prior to CITY'S execution of the Agreement and
before work commences. All non -ISO endorsements amending policy coverage shall
be executed by a licensed and authorized agent or broker. Upon request of CITY,
VENDOR shall immediately furnish CITY with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy certified by
the underwriter to be a true and correct copy of the original policy. This requirement
shall survive expiration or termination of this Agreement. All subcontractors working
under the direction of VENDOR shall also be required to provide all documents noted
herein.
MAINTENANCE OF COVERAGE - If at any time during the life of the Agreement or any
extension, VENDOR or any of its subcontractors fail to maintain any required insurance
in full force and effect, all work under this Agreement shall be discontinued immediately
until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY
to terminate this Agreement. No action taken by CITY hereunder shall in any way
relieve VENDOR of its responsibilities under this Agreement. The phrase "fail to
maintain any required insurance" shall include, without limitation, notification received by
CITY that an insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by VENDOR shall not be deemed to release or
diminish the liability of VENDOR, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by VENDOR. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents,
employees, persons under the supervision of VENDOR, suppliers, invitees, consultants,
sub -consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
SUBCONTRACTORS - If VENDOR subcontracts any or all of the services to be
performed under this Agreement, VENDOR shall require, at the discretion of the CITY
Risk Manager or designee, subcontractors(s) to enter into a separate Side Agreement
with the City to provide required indemnification and insurance protection. Any required
Side Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is
required, VENDOR will be solely responsible for ensuring that it's subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
INDEMNITY
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and
defend CITY and each of its officers, officials, employees, agents and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage) incurred by CITY, VENDOR or any other person, and from
any and all claims, demands and actions in law or equity (including attorney's fees,
litigation expenses, and costs to enforce this agreement), arising or alleged to have
arisen directly or indirectly out of
performance of this Contract. VENDORS'S obligations under the preceding sentence
shall apply regardless of whether CITY or any of its officers, officials, employees, agents
or volunteers are passively negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the active or sole negligence, or the
willful misconduct, of CITY or any of its officers, officials, employees, agents or
volunteers. Notwithstanding the foregoing, VENDOR shall not be liable for the claims of
CITY or its employees under any Workers' Compensation Act, Employee Disability Act,
or other Employee Benefits Act.
If VENDOR should subcontract all or any portion of the work to be performed
under this Contract, VENDOR shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.