HomeMy WebLinkAboutC2020-017 - Simpson Norton Corporation Contract No. C2020-017
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SIMPSON NORTON CORPORATION
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of September 3, 2019, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and Simpson Norton Corporation, a(n) Minnesota corporation (the"Contractor").
RECITALS
A. After a competitive procurement process, Sourcewell (formerly the National Joint
Powers Alliance) entered into Contract No. 062117-TTC, dated August 18, 2017, with The Toro
Company, a Delaware corporation, for the procurement of landscaping and grounds maintenance
equipment (the "Sourcewell Contract"). A copy of the Sourcewell Contract is attached hereto as
Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement.
Contractor is an authorized distributor for The Toro Company.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded
Contractor, and the Sourcewell Contract permits its cooperative use by other public entities,
including the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging the cooperative contractual relationship under the Sourcewell Contract and this
Agreement, (ii) establishing the terms and conditions by which the Town will purchase one (1)
Toro Workman HDX Utility Cart; one(1)Toro Sand Pro 3040; and three(3)Toro Workman GTX
Utility Carts, and related equipment (the "Materials"), and (iii) setting the maximum aggregate
amount to be expended pursuant to this Agreement related to the Materials.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until September 2, 2020 (the"Initial Term"),unless
terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the
expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year
terms (each, a "Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to
availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the
Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of
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the then-current term of this Agreement, the Contractor requests, in writing, to extend this
Agreement for an additional one-year term and (iv) the Town approves the additional one-year
term in writing (including any price adjustments approved as part of the Sourcewell Contract), as
evidenced by the Town Manager's signature thereon, which approval may be withheld by the
Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this
Agreement to terminate at the end of the then-current term of this Agreement; provided, however,
that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this
requirement and renew this Agreement.The Initial Term and any Renewal Term(s)are collectively
referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall
remain in full force and effect.
2. Scope of Work. Contractor shall provide the Town with the Materials under the
terms and conditions of the Sourcewell Contract and as more particularly set forth in the Contractor
Quotation attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. The Materials are subject to final inspection and
acceptance by the Town. If the Materials fail to conform to the requirements of this Agreement
and/or the Sourcewell Contract, they will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming product, the Town may elect to do any or all of the following by written notice to
the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the
Materials into compliance and withhold the cost of same from any payments due to the Contractor.
3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed
$76,073.78 for the Materials at the rates set forth in the Sourcewell Contract and as more particularly
set forth in the Contractor Quotation.
4. Payments. The Town shall pay the Contractor upon delivery and acceptance of the
Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference
to this Agreement and the Sourcewell Contract and(ii)document and itemize all products delivered
to date. The invoice statement shall include sufficient detail to justify payment. Additionally,
invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject
to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
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and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIz.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona, and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among
the terms of this Agreement, the Contractor Quotation, the Sourcewell Contract, and invoices, the
documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations, or provisions
in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the
3
"Unauthorized Conditions"), other than the Town's project-specific requirements, are expressly
declared void and shall be of no force and effect. Acceptance by the Town of any invoice
containing any such Unauthorized Conditions or failure to demand full compliance with the terms
and conditions set forth in this Agreement or under the Sourcewell Contract shall not alter such
terms and conditions or relieve Contractor from, nor be construed as or deemed a waiver of, its
requirements and obligations in the performance of this Agreement.
12. Rights and Privileges. To the extent provided under the Sourcewell Contract, the
Town shall be afforded all of the rights and privileges afforded to Sourcewell and/or NJPA and
shall be "Sourcewell" or "NJPA" (as defined in the Sourcewell Contract) for the purposes of the
portions of the Sourcewell Contract that are incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to Sourcewell and/or NJPA to the extent provided under the Sourcewell
Contract,and such insurance coverage and indemnifications shall inure and apply with equal effect
to the Town under this Agreement including, but not limited to, the Contractor's obligation to
provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend,
and hold harmless the Town and each council member, officer, employee, and agent thereof(the
Town and any such person being herein called an"Indemnified Party"), for, from, and against any
and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to,
reasonable attorneys' fees, court costs, and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon the negligent acts,intentional misconduct,errors,mistakes,or omissions,in connection
with the products or services of the Contractor, its officers, employees, agents, or any tier of
subcontractor in the performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below, or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Simpson Norton Corporation
4144 South Bullard Avenue
Goodyear, Arizona 85338
Attn: Manny Castro, SCPS
4
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
1.... .)e•-akt.....„
a
Grady E. Mill , Tow Manager
ATTEST:
E izabet urke, Town erk
APPROVED AS TO FORM:
/6,(4-7---- ,.. '''6')
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On:Zw rr&t r- Li , 2019, before me personally appeared Grady E. Miller, the Town
Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
.;* JAMIE SALENTINEI
Notary Public
i`l'�' = Comm' 550103
'Or iF�' Expires Julyn 2D22
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6
"Contractor"
SIMPSON NORTON CORPORATION,
a(n)Minnesota corporation,
By:
Name: Sirkett\f Spc€
r
Its 116 inut
tfl1wcje(
(ACKNOWLEDGEMENT)
STATE OF Ari z°
) ss.
COUNTY OF (Ylt ;4&)
On J1+ 2019,before me personally appeared i1 ) ` the
S .. is j40,Th ,,of SIMPSON NORTON CORPORATIO a Minnesota c rpor ion, whose
identity was proven to me on the basis of satisfactory evidence o be the person who he claims to be,
and acknowledged that he signed the above document, on beh if of the corporation.
KAryREN•J. HENRYofAr#
NoEa PuDRc Staff
.: } MARiCOPACOUNTY Not,ry Public
**emission Expires Not 14,2019
(Affix notary seal here)
4830-8176-3996,v. 1
7
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SIMPSON NORTON CORPORATION
[Sourcewell Contract]
See following pages.
Form C
EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS, .
AND SOLUTIONS REQUEST : JPA'i
Company Name:The Toro Company
Any exceptions to the terms,conditions,specifications,or proposal forms contained in this REP must be noted in writing and
included with the Proposer's response.The Proposer acknowledges that the exceptions listed may or may not be accepted by
NJPA or included in the final contract.NJPA will make reasonable efforts to accommodate the listed exceptions and may
clarify the exceptions in the appropriate section below.
NJPA
Section/page Term,Condition,or Specification Exception ACCEPTS
"Vendor assumes all responsibilities _
for the equipment/products/services We request that the words "services and Accepted
3.23.2/8 and actions of any such subcontractor" actions"removed
..."AND RELATED SERVICES,
We request to add to the first sentence industry to the extent they are generally Accepted
1/4_ 3.3 1/9 as shown in"Exception" understood"...
We request to replace the word
"required"in the last sentence as ..."their warranties and assurances Rejected
3.31/9 shown in`Exception" are understood to meet and/or exceed"
T — -- "The Proposer warrants that it believes all
products, equipment, supplies, and Rejected
services delivered under this Contract are
We request to change the first sentence covered by warranty as good or better than
3.35/10 as shown in"Exception" the average warranty in the industry"
"Price increase must not exceed the Accepted
5.35.2/17 indus y standard" We request to delete this sentence
We request to delete the word `litigation'.
As well as add"or any litigation that may Accepted
affect vendor's ability to perform under
I_ _ 7`16/27 The second sentence in the paragraph the contract."to the end of the sentence.
Replace "forty-eight (48) hours" with
8.18/29 Changes to the last sentence "ninety-six(96)hours" See below
"if any exceptions are not accepted, --
Vendor has the right to decline to enter Accepted
Form C Add to the last sentence into the contract."
Change the beginning of the sentence to _
read, "Except as otherwise stated in the
exceptions to proposal or other portions of
the contract, Proposer further Accepted
understands..."
Also insert words to the last sentence as
follows, "...Proposer accepts
Changes to the last sentence of the responsibility for any equipment or
Form D .aragraph products subcontractors used..."
"...NJPA takes to uphold such a data
designation so long as (a)Proposer See Below
requested the designation, and (b) NJPA
obtained Proposers prior approval before
Form F Section 8.add to the sentence incurring the expense."
Proposer's Signature: I ____.._..__... Date: IJ JrA. , c� 0(��
M.IPA's clarification on exceptions listed above:
8.18. The proposed exception is not accepted to ensure uniformity among all proposer responses
which may result in an awarded NJPA Contract.
Form F. Accepted with the understanding that NJPA is a public entity governed under the
Minnesota Data Practices law,Minnesota Statutes Chapter 13,and will accept so long as it is not
contrary to the referenced law.
Re i w and !proved:
g 1
N PA Legal Depart en
Contract Award
RFP I#062117i
FORM D --
,24••‘•;:,,
it 11.
visBP,A27,
Formal Offering of Proposal
(To be completed only by the Proposer)
:GROUNDS MAINTENANCE EQUIPMENT,ATTACHMENTS,ACCESSORIES,AND RELATED SERVICES 1
In compliance with the Request for Proposal(RFP) for(GROUNDS MAINTENANCE EQUIPMENT, ATTACHMENTS,
ACCESSORIES, AND RELATED SERVICES, !the undersigned warrants that the Proposer has examined this RFP and,
being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service
expectations,and any special terms,agrees to furnish the defined products and related services in full compliance with all
terms and conditions of this RFP,any applicable amendments of this RFP,and all Proposer's response documentation.The
Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP
response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal.
-,-----
Company Name: The, I oro ecvvrliv ) Date: 6 I?)
Company Address: _ I / ,f_EJ ct /it< PI J,..e' S .
City: 61 oo iv,ti,-,, i- 4.,,,,J State: 01 N..) Zip: S--:
Contact Person: :t r-'la A-\ ti.,31 .tita ii,,../ Title: V ),Ce Pic k A <A,:::"I , Ccrievh,...qc, Ai
Authorized Signature:
13 It txt) Atio,....i. .1.0.0-1
(Name printed or typed)
37
FORM E ry * *
CONTRACT ACCEPTANCE AND AWARD zit 0
jpA
National Jain%Pouvra Alliance
JP,1
PinIcNAsito
(Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should
complete the vendor authorized signatures as part of the RFP response.)
NJPA Contract t:062117-TTC
Proposer's full legal name: The Toro Company
Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you
agree to provide the products and services contained In your proposal and to meet ail of the terms and
conditions set forth to this RFP,in any amendments to this RFP,and In any exceptions that are accepted by NJPA.
The effective date of the Contract will be August 18,2017 and will expire on August 18,2021 (no later than the
later of four years from the expiration date of the currently awarded contract or four years from the date that the
NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's
discretion.
NJPA Authorized Signatures:
a • ♦t Jeremy Schwartz
NJPA IREC )R Of COOPE : • LI$ACTT (NAME PRINTED OR TYPED)
AND PROCUREMEP 0 SIL NAT I - _ )
Chad Coauette
N IPA EXECUTIVE DIREC TOR/C Et?SIGNATURE (NAME PRINTED OR TYPED)
Awarded on August 17, 2017 NJPA Contract # 062117-ITC
Vendor Authorized Signatures:
The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments.
Vendor Name _1 €, T )ro ( omja11
l
Authorized Signatory's Tine ii( e 1+13, Cl/iz 1 4. 6iw r ( Ma: o qe r
It a 74_,A1,,,,
rez,:i ir /lam f +014
VENDOR AUTHORIZED SIGNATURE (NANME PRINTED R TYPED)
Executed on_ .rr 20`__n NJPA Contract # 0621 17-TTC
Form F •. ,
PROPOSER ASSURANCE OF COMPLIANCE is
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
The undersigned,authorized representative of the entity submitting the foregoing proposal(the"Proposer"), swears that
the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated
and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before
delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members
agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer
to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement
or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or
corporation under contract with NJ PA, in an effort to influence the pricing, terms, or conditions relating to this
RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request, and other documents in this solicitation and affirms that any and all exceptions have been noted in
writing and have been included with the Proposer's RFP response.
4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance
with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other
documents in this solicitation.
5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are
acceptable to NJPA Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality
products and related services to NJPA Members under an awarded Contract.
6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and
orders.
7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or"nonpublic,"
etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are
considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals
generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be
considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.
8. The Proposer understandszhat it is the Propos,er?kchtty to protect information that it considers nonpublic,
and it agrees to defend and indcmrnfy NJPAr or ionable measures that NJPA takes to uphold such a
data designation. ,44,ew - 71
[The restofthiavagelas-beetr4e*4ertentionally blank. Signature page below]
39
By signing below, Proposer is acknowledging that he or she has read, understands,and agrees to comply with the terms
and conditions specified above.
Company Name: h c)1 v 6 of-,..0 .'
Address: ' 1 �, : PJC1 f + ' A,J'` ' .
--
City/State/Zip: r ,vr ' ' A Si ' , 0
Telephone Number: q S D 1 . ( Li
E-mail Address: j r rAci 1 t`bA Thor 0 Cow
Authorized Signature: 13_3 ,,
Authorized Name(printed): tr ( kOW % t40
Title: . P "t - ' ( ( 'tr1
w%
Date:
Notarized
Subscribed and sworn to before me this ' ✓ .
� � day of '� i ,20
Notary Public in and for the County of (( 4 State of 011
My commission expires: V if 3 1 ,/ 0 ,J
.41
Signature: h./ /P."'
3
\_
MARK J BAILEY
w NeMIRIFLOUC4111011111X4
40
r
;4-
Form P it-.�OJPA
* t7/
PROPOSER QUESTIONNAIRE
Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions
Proposer Name:The Toro Company
Questionnaire completed by: Pete Whitacre
Payment Terms and Financing Options
1) What are your payment terms(e.g.,net 10,net 30)?
Standard payment terms are 0%30 days for cash/check payments and EFT payments.
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may
need to use in order to make certain acquisitions?
Multiple leasing and financing options are supported by Toro and available from Toro distributors and
dealers.
Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment
acquisitions over the life of the assets being financed. Toro has partnership agreements in the US with two
different finance companies, PNC Equipment Finance and TCF Equipment Finance. Because of these
relationships we have developed documents to help stream line the process for our tax exempt customers.This
includes the credit application, approval, and non-appropriation language. This nationwide team of finance
professionals has an in-depth understanding of tax-exempt financing.
Based on tax-exempt pricing($1 purchase option at end of lease term), the monthly lease rate is indexed to a
spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal
Reserve Statistical Release H.15).Individual transaction pricing will be priced to the market based on specific
transaction details.
For Fair Market Value(FMV) leases,terms from three to five years will be available.The monthly payments
will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms
(skip pays,annual pays,etc.)can be quoted by one of our financing partners.At the end of the lease(assuming
all terms and conditions of the lease have been met), the equipment may be returned (subject to turn-in
requirements identified in the lease documents), renewed for an additional time,on mutually agreeable terms
between the parties,or purchased at the then,fair market value of the equipment.
In Canada,Toro's distributors hold direct relationships with financial institutions.
As for LCE equipment, various additional special finance options are available through Toro's finance
partners including, stated value and municipal lease options as well as no interest and low interest fixed term
loans.For current offers,visit www.toro.com/finance.
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly
sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each
dealer(or some other entity)will process the NJPA Members' purchase orders.
NJPA members may submit purchase orders directly to an authorized Toro distributor/dealer.NJPA members
can contact Toro directly to verify a specific dealer,or confirm online at www.toro.com/locator.
Toro will encourage and incent our authorized distributors/dealers to provide contract pricing to NJPA
members at the agreed upon price, but cannot guarantee that the Toro dealer will participate in the program.
Toro distributors/dealers supporting the NJPA contract will receive rebates from Toro for equipment sold
under the NJPA contract to NJPA members. Toro distributors/dealers will be required to submit
documentation to ensure compliance with contract in order to receive their rebate. This information will be
shared with NJPA directly from Toro on quarterly basis.Below are examples of our standard tracking reports.
SAMPLE QUARTERLY SALES REPORT TO NJPA
NJPA Sales
For Quarter XX
Agency Number Customer Name Program Customer Name City Region Zip Code Issue/Paid Date Award Adrnin Fee
we require this Toro dealer/distributor Purchase fee pant to
number from our Name Agency Name invoice date amount NJPA
dealers/distributors
SAMPLE OF TORO SALES REPORT BY CUSTOMER
Example Report of City of Staples Spend
Dist ID Ship to Customer FY Invoice Date Invoice Number Material/Description Retail Qty Price
420 City of Staples 2017 9/15/2017 1465124-00 03710-27"HD 8 BID DPA CU 5 $15,745
420 City of Staples 2017 9/15/2017 1465124-00 03780A-*OBS*REELMASTER 7000-D[T4F,US] 1 $48,999
420 City of Staples 2017 9/15/2017 1465124-00 30552-UNIVERSAL SUNSHADE-RED 1 $565
420 City of Staples 2017 9/15/2017 1465124-00 03716-27"HD VERTICUTTER CU 5 $10,495
420 City of Staples 2017 9/15/2017 1465124-00 41211-ELECTRIC HOSE REEL KIT-MP 1750 1 $2,217
420 City of Staples 2017 9/15/2017 1465124-00 30358-BIMINI CANVAS SUNSHADE 2 $324
420 City of Staples 2017 Total 15 $78,345
4) Do you accept the P-card procurement and payment process?If so, is there any additional cost to NJPA Members for
using this process?
Most Toro authorized dealers are able to accept P-card procurement and payment. Additional fees may apply
to purchases made using p-card procurement.
Warranty
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims
procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum
please also answer the following questions.
Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free
from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first.
Where a warrantable condition exists,we will repair the Product at no cost to you including diagnosis,labor,
parts and transportation." Our standard Commercial Parts Warranty states'your Toro Commercial Part to
be free from defects in material or workmanship for ninety days, 1 year for complete engines."
You can also purchase additional protection for your products through Toro Protection Plus(TPP).These are
optional programs designed to provide you with budget protection and security after the initial 2 year
warranty period. You can elect the Drive Train Protection or the Comprehensive Protection.
Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic
pumps,valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO
housing,4-wheel drive assemblies, hydraulic drive pumps,valves,steel lines and motors within the frame.
Comprehensive Protection:This program covers all operational parts and assemblies for your mower,vehicle
or other machinery against mechanical breakdown. The items not covered are; normal maintenance items,
tune-ups,tires, batteries,blades,belts and hoses.
Used Equipment
Qualified used equipment can be covered with Toro Protection Plus Pre-owned.
See Warranty documents as follows:
Toro General Commercial Product Warranty
i A iwo Year I,irnavri Warranty
I i •it)RO,
I
Conditions and Products Covered • Normal noise.,ebraton.,wear and tear,4,11 detoriciraboft
The TWO Company and ils eakate.Two Warranty Company.puriumro • Normal'wear end leer inoodes,hit,$not tested to.damage*SOWS
to an agreement Wow ham,lady wane*seam Cornmerdel due to wear or abrasion worn paled surfaces,noshed decals or
IXOdUe rPAXhieriol be foe tom doled,In 0111110116 or recAroartehlp windows etc
, . for two yaw ot s 1 apendleoll hours%whishilver aCcurs kst This
warranty is applicablie is ell prods*with ere emplon et Aerators Parts
1 (refertallIp111110101111111111,dille11111111 for OM*Prrahrd4 lift,*a
warratilehle sedllion Mots,Vat oil raper the Product at no ont is you Parts scheduled for 11041Celnali SS rupWed maintenance are wormed
Including_roslice.labor.parla and trenepodelko.Brie warranty for the period of time up lo the sdheduled replacentent kne ilar*II pert
begins an**dela the Product i delivered to the edging Mat purchaser. Pens replaced under Pis varronty-am covered for lie duration cilia
•Produd equipped volth an hots meter orieinsi product mew*and became Ilse properti of Toro Tao WI woks
the final decision Wheihror 10 repair any Mang pert cv nem*or mem
Instructions for Obtaining Warranty Service it Toro ma,14341 remanulactured parte iw warranty ropers.
, You are rosponeltd0 tar neiting the C.ommercist Products Direribulor or Deep Cycle and Uthiutri-ion Battery Warranty:
Autivnieo Commerdel Producis MOW*Ore whom you purchased the
Product as soon es you bukve a werronable sondllion soles Wyatt need Deep cycle and Lithiewfon beidenes have it wedded told marker of
help locating a Commeedel Products Criblbular et Asehatsed Dealer or illoweerhours they can draw*etre their Veen/Opening.redierging.
if you have queone ropording your werniney Sahib at reepeneiblies. and malnisnence ischrepos can Mend or reduce told beibry Is MID.
you may coned to at bide**bt Ihrie prokot an consumed,Po amount ot;mks work beemion
doir iniervale toe derly*CMS*Una the belt*/h sempleiely sten i
Toro Commercid Pis Service Departrioni M.Rrolonmenl et vont out belledes.due*nand coneardlien.
Torn Wewarey Company is the repone/114 of the prodied owner.Pt**reetteanterd llloy boo
8111 Lyndate Avenue South requited&Mg the named product vairrenly'Wed at artnees aspense.
Blooneneon,MN 55420.119.6 fiter 0.1dium-len billery onlyX A Mien-Ian Wag hes a pert only
prorated vornonly beginning sot 3 1110/1101 Mr 5 booed on Polio*
952-110,16-111101 at 100-1152-2740 In serdoe and dowel 1101.1 Viet Paper lio Ilim Operator%ahem,for
additional inkirmation.
Ii Ina+common:id. . ..;.. ..corn
Maintenance is at Owner's Expense
Owner Responsibilities
I
bone iumvp,lutsitcalloro cleaning and puhsheig,fetAir.ernyet or Wert AS the Product owner you are responsible tor required mairesminee and cadent,aid totewo4i.nded mantwusnA,are some of the
adjustments stated In Yew OPe("efor's Well*fan la PAM noluirad tame ranker YOra product's require that are at the owner's eNcense
i maintenance and adjustments can be grounds ear dimillowing•warranty
clams
General Conditions
Items and Conditions Not Covered Repair by an Aulhontect To Distr3notoi or Devf,r ts your itci, rerrect,
thls warranty,
Not ail product fa,lares or mallUildietli tool occi dating the warranty under
peraxl a,tf defect's in material*or sfsetifsenshiP This warranty does nol Neither The Toro Company nor Toro Warranty Company is liable for
cover the foanwong indirect,incidental or consequential damages in connection with the
use of the Toro Products covered by this warranty including any
. Product failures'41.14"1"""41frans 116_,...00..._,Mse at Imr**___..___.7°""4011"1"1"..___ cost or expense of providing substitute equipment or service during
parts,or from instasation and ilite ter 4107.1.14 Cr muomPIPIP 11011/-11NU reasonable periods of malfunction or norotisa pending completion
branded acr:essones Old protholle,A esperalle warranty may be of repairs under this warranty. Except for the Emissions warranty
provided by the rnarestaclutile of these Wm. referenced below,if applicable,there is no other express warranty.AD
• proauti failures,,,bich owe kirs f,xa to;mom faconimendad implied warranties of merchantability and fitness for use are limited to
maintenance*odor adtAnanit Iilin ID propady wow*,you, the duration of this express warranty.
Toro product par the Reowentended Meheersinos In the
pereftw's Manua/can revue In dein*for warranty being denied Some states do not alkilik axciusions of leO4enta1 or coosequenbal
damages,of Nonillions on how/bong an inlpied warranty lasts,00 the above
• Product failure,/which mat horn operatiog the Product 0 an abusive, exclusions and inutatxxo new not apply*you This warranty gives you
negligent,or reddens mariner specific legit rights.,and you my Wee have odor rights which very from
state to state,
• Parts Subject to corminetkvi through use wine found lope giiKewe
Examples of parte width ere cansunted,or mod up.durbig normal
Product operation Wink,but bre nal Inlaid to,bran pods and Note regarding engine warranty:
*Wigs,clutch linings biades,reels,rollers end beerlrlip tallidad ar c. ,... Control rs,bie),tit,d vim.spa&0,49s,.mow oesh,end burin,.*a, The ornassons C Systern on your Product may be covered by
ter,befit and„min aprava,,,,,,..ixt,,,,,,aids as aajp,Nagms. a separate warranty meeting requirements established by the U S
nozzles,and chod,vatv*Ii,ste, Environmental Proles-1,0Ft Agency(EPAt andtor the California Air Resources
Board(CARE) The hour linikalions set fort,above do e4t aPPti to ire
• Failures caused by outside Inkiest..Condons aineldered to be Emissions Control System Warranty Refer to the Engine Emisoon Control
outside influence include,but are not limited to.monalhot,storage Warranty Staterneet suppled with your product or contained In the engrmt
practices,contamination,use of unapproved lusik cod ,lubricants manufacturer's dome/ere/Om for details
additives.fertilizers water or chemicals etc
• Fakirs or performance issues due to the use cit Mk(irg gatotine,
diesel,or biediesel)that*)not confomt ID their reepedie0 hanky
standards
Countries Other than the United States or Canada
Customers who have purchased Toro products exported from the Wiled Elides or Corneae shooKd contact awl Tore Orsfrier(Dester)to obtain
guarantee NACOS kr your country,province,or stabs If for any mason you we dissatisfied with your Distributor's service or have difficulty obtaining
guarantee ielormation,contact the Toro importer
374-025•3 Rev C
,
TORO PROTECTION PLUS
r
ita COMMERCIAL EQUIPMENT PLAN
; kNgi
—* AN PifitCHASt A 1
(ITT — —
STATE, IIP TOTAL EQUIPStr.,4T PI'ROWE?RUT
PROVINCE
—
?HOW Nfiiiiut W A,01,4 RIX* ITS4EN1 MOM, tQl IPSIONT
NI. SitAMER
PASC PAC arstiont'TOP A T TACITSTPN T ACTIMPN
moon NVAIIIER &MAI Sil,Atat
t '.iou %TAD 1 QIIPMEN T TY Pt
ri covi s sot INGrit or TORO PROTTC-1141,4 Pit PPOTICION COvERAM COM,
ANicSI AR 1 DSO; ir hto rtiin — —
Months
orrbmom
This plan is not an insurance polio' It is an agreement between you.the Customer,and The Toro Company or one of its
wholly owned subsidiaries or antittani(*Iwo") By acceptance of this Plan.Customer understands there are distinct cost*.
ages,tarns and condltion.and that coverage is for Toro products excltisively,and is subject to appro.%al and acccptancc by
Toro,
COMPREHENSIVE PROTECTION
ALL OPERATION U 1'SATS, COMPONENTS. ASSEMBLIES OF THE MACHINE INDICATED ABOVE.
including Tom miat„d,t. options,accessories and attachments not requiring independent Plan coverage purchased with
and included in the Equipment Puce indicated above,subject only to those exclusions stated on the back of this Plan.
TRANSPORTATION BENEFIT. If Customer incurs transportation Expense* due to the breakdown of a covered
vomponent,the Plan will pay up to$77 for mobile sets ice or$0.301nile f 1000 nule limit)for piek-updelivery per repair If
such charges exceed the benefit limit, Customer will be te-spcutsible for paying any excess Ucnefit Raton are Stibj.X1 to
change.please consult your Distributor or Ocala for current rates found in the Toro Warranty Policy and Procedure Manual
DRIVETR AIN PROTECTION
ENGINE: All parts contained within the ensine Nock, cylinder head, crankcase or motor housing. the engine block,
' ' ' ikdowri of a covered internal part.
DR llN 1)10 14 IR 11,•1(1\ I it 1NS \I I Ail parts contained within the transmissitm or
, ,„ , , , , it d d by IL s down of a coveted internal part, hydrostatic or
hydraulic pumps,valves and motors,
DRIVE AXLiSl1)RlfF AMEMBLIES: All parts contained within the drive axle housings and 4 wheel drive assemblies,
the drive axle housing if damaged by the mechanical breakdown of a covered internal part,hydraulic drive pumps, sakes,
steel hues and motors which are attached to the main frame of the machine.
TRANSPORTATION BENEFIT: if Customer incurs transportation Expenses due to the mechanical breakdown of a
covered component the Plan will pa), up to$77 for mobile service or$0,50 mile(100)mite limit)fur pick-updelisery per
repair. If such charges exceed the benefit limit.Customer will be feSpOttSible for paying any excess. Benefit Rates are
subject to change. please consult your Distributor or Dealer for current rates found in the Toro Warranty Policy and
Procedure Manual
TORO PROTECTION PLUS 800-976.TORO
P.O.Box 15163•Leona.KS WU ($OO-9764676)
Customer Service:Ingithialigiumn
Claims Inquiries:juodattrot•torp,cout
Rrszoi sox
COMMERCIAL EQUIPMENT PLAN
rit,-)Ra
TERMS and CONDITIONS
BREAKDOWN COVERAGE:
The Taco Company or one.Us erbey onned tdosidarits or striates C Toro')apes to repeat replace or reimburse Custom et lot reasonable cost to
repair a trpisce any coveted peet,temponent.or aseeraNy of the covered madam it tegiared due to a breik dons,saint only to the etch:more nand
below Staab is defined as Its rudders or unfornetes failure of a detective pat component or esserotif,a "fait week:tenet* on a part
compOnefe atIV34f4ttyat itOisd lc5 the rA arsir chi P colorable con s defined as Its astout charged for the tient at mit:roan of cot eel pest I.!
pre.,uhrri tetce eon. tem,.Tsto pens of 1ee kold quehty,which miry trw.hget eppeored used ir4 at remanufactured pate'than twc.t4eisatedat
a eel*
Mak
The rora of the Plan thall he froirc the 'Toro Wan arry feast Date-indicated as du fa. of des Pten,*stoup she uninr,pew&to be end of be
'PLUS" indlc.ated act the front of dee Ptah The Plan cavern,hegira when tie Tees ow wry ends iv'whin due so howl*of use cc paataft it dot
Toes reserves the riihr to restarts tha end dart of du litufe mane when the-hem ef tail'ends the Into o nravirv'to,ve go prior to the pttage of too
agenda yea.
LLAITT OF LLABILITV:
C overate ptcrA ded by die Mania sale*to du fdloriqg babe be said tem fet may iim.e aerie bell bulled en a ro virtue.of 2,”.ci the Içlpsam
Purchase Price,indiceard en dm Stem ofdlaPlam Its toil cost for ad repairs ow"the fhl aim of tie An is Waited to it rho I(opines*
Price Of 125,000. tee or 1114111
CUSTOMERRESPONSHILLITIES:
In attar ets tap bit Pia is face bang as taros,the \wed I quipmeot utte be lerviced as recces mended by Toro it Custom at preforms 0*.11
midnirnerce, a',titan tilteed of tetics OM be maintained demi•xtrh recepo or-ing duet of pus tut.of en innurtarE•pub,tuber-am sod,or
macinset in the ride le 11 itardeialblo punk*Mil tow.rcent cop)of the we; htzotd end per irmIt t tip(' us be funiefted•Toro
The required sarilidlig dui bavi aurora al So boars tot thles*ochre, ;so d ele in bout re*ter
Via EVENT OF.A IIRLANXIDWIS CLSTONLER MUST:
I. Vised rat toned t mama to protect be eroaipin ere ass twitter denegm
2 Contact you*Toro Di artbater for Oall OW*,
3, If requested perm de service record and wept s f cc-fowled min Hums pens,14XiCts114 Or loittlisLi s,
4. If Toro should(Urn receiver!,silty,them or r,pe.sei Isuloloc 4.(1 dantess4 putt and in neduts
EXCLUSIONS-COVERAGE SHALL MT APPLV:
1. For tipir at riplacetca ent of an coveted per if a flreekrins-n.per 10 Foe any tseer,trxot,t11,14,04 Icy cacnteiaoat to rearm:ton of fuel.
definition tole.,re not oozed C001 Ott of Itto art erten!,t,at dem age resting from nrs„ '.orrorr on,
2. Pet any breektio,t-n caused by yAls den,In,daft,Vat *, rice feeting or overtaatai.
implodes,Ushers:4 eenh4.4.x.,v,andoncis hit wet, deed,otter 11 For the cost it pins ander lober dra to the netm el and routine
Act eided a aaMonat Into.daz tie re at nteninc.e de scribed in rho nioldhirtitir°a re as roam arructona
3, rot**Stye bet els pr opetry,or ill ur.to or death at any porno for the eqtipm au a,kr be bdt ishiseintretance
ening mat ad tier opinnon. nesiniSsance at use of the testae,: I 2 rot the con of cr enterrarre week* incltslang, bad not batted in,
erpus tens up t intrien ants,replacement of*nowt pots for the ed.
4 Foe any breakages canted by itteradu arum,ituer,neghgenta ptxpo on of increiving apanninS pittaibarica haat arab pbta
lick of noereal at tequit4 a larmation for ream to prime the VOSS:plUj%stn.,glomphut=mud dutch ficarart plain os rafter
covered tem=en* from had* &Shp when hiseikdoern has puts hosts, brithetitz hosts,or belts,idea required in corrierion
occuormt with die leper of s:we'd pert
5 Villas nopandbiltq for du repair lemma;by saps Tao waseeity or 13 For exhaust riatein pane brake Wings,bit.rotors of daunt tredr
tepeisWe peatera. a flora hi 11113111110180ii tinpodritility duo.: solid '-basis at planes nit arts,erbad co,,ms rut bourne*
product at pat mat end at mar bubo** tilted ccrtsuatable bouts(lybeid it s amnia.
6, For distal,tautemg fret du figure to oteitesio peeper trots of not excluded), tomery crab" tramostets, (rec. plugs, tittles
luba:aese ester tediums extend du*it way nordit,win%titillated in C01434C4413 with
7. For boss of tau,lure inconveniasce.prods*, a ether ceeseequaziet du%reit ti mind pat
le333. 14. For bap mod, dear metal.,OM=ICUS OA,01 dins pink $ea,
S Foe damage to a co,*rid part caused by me to ft dews es fahre eat e LIDel,CD. loops,lenses,two seen COVIdark of(erica%Jam
non-covered part at component merited in crouches with the scan of 4 tieveted pert
9 Foe any Ix*tee:Jr,n tec000rMathsw hour to Kit is inOperattse all 13. Foe di cons d pets dipping,equipm art Weep,ist orate oral toter
du hots mere tut tom pered with or replaced Met The cot of damp Lades or*triton=raid fees so ceedris 55,a
of pent and lab*et 510,00 perr eipait,whictiver nice.
16 'frivol Cr nartepottrim teat eateediag the Plan bkndt.t.
TRA.N.VIR PROVISION:
Coverage may be arenaffned to any nry new Ma title time 43 Its;Plial epic es,ants+cc to epplicailara iralito,x1 and payment of 310 fee Clint.an
<meter:hip of the equips era el Wet ht thrOtted to TORO PROT:CT:ON?1tS eeiaurronwithin45 depot dun.of eumertip
CANCELLATION PROVISION:
This Plan to ay to cern ells4 b'-the Conner en upon giving netrren not z..*to the Tao Distritueor indeattel atm tea car Cart=scant.Of no toe In du
event of tameness an.the Diandesof v,ill cattail dm Warned Plan price;al ttined on 4 PI 04.4:14 milted 144,13141M let's en fast.,leas or gnat awn
peymanas,a eLiraeac sitmrScie dew of e30 psairt) othescuta pvatabited t at The days a fore as.cal aimed first the Toto
Warranty tin DsIe latlitate4 am be from of teepees to the trfecave:Inz dation date if the equipment described and Ita Min heve been finarned deouth
aleacler and COMM Webs in the repayment abitiacion so that lender Its Toro teem at chi note an iatipr cam al de a Plan at emit eta dada mkt des
Plan to that Wide,
Rev.10130$
• Do your warranties cover all products,parts,and labor?
As a Product owner,the NJPA member is responsible for required maintenance and adjustments stated in
the Operator's Manual. Failure to perform required maintenance and adjustments can be grounds for
disallowing a warranty claim.
When a warrantable condition exists,an authorized Toro dealer will repair the Product at no cost to the
NJPA member,including applicable diagnosis,labor and parts,excluding the following:
o Product failures which result from use of non-Toro replacement parts,or from installation and use
of add-on, or modified non-Toro branded accessories and products. A separate warranty may be
provided by the manufacturer of these items.
o Product failures which result from failure to perform recommended maintenance and/or
adjustments. Failure to properly maintain the Toro product per the Recommended Maintenance
listed in the Operator's manual can result in claims for warranty being denied.
o Product failures which result from operating the Product in an abusive, negligent, or reckless
manner.
o Parts subject to consumption through use unless found to be defective. Examples of parts which
are consumed, or used up,during normal Product operation include,but are not limited to,brake
pads and linings, clutch linings, blades, reels, rollers and bearings (sealed or greaseable), bed
knives,spark plugs,castor wheels and bearings,tires,filters,belts,and certain sprayer components
such as diaphragms,nozzles,and check valves,etc.
o Failures caused by outside influence. Including, but not limited to, weather, storage, practices,
contamination, use of unapproved fuels, coolants, lubricants, additives, fertilizers, water, or
chemicals,etc.
o Failure or performance issues due to the use of fuels (e.g. gasoline, diesel,or biodiesel)that do not
conform to their respective industry standards.
o Normal noise,vibration,wear and tear,and deterioration.
o Normal "wear and tear" includes, but is not limited to, damage to seats due to wear or abrasion,
worn painted surfaces,scratched decals or windows,etc.
P
• Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
Yes. The standard commercial equipment warranty covers the equipment for two years or 1500
operational hours,whichever comes first.
• Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs?
Travel time and mileage of Toro Authorized dealer service personnel to diagnose and perform warranty
repairs is covered by Toro, up to 300 total miles per claim.
• Are there any geographic regions of the United States for which you cannot provide a certified technician to
perform warranty repairs?How will NJPA Members in these regions be provided service for warranty repair?
Toro can provide warranty repair for all geographic areas in the US through our authorized distributor
and dealer networks.
• Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these
warranties issues typically passed on to the original equipment manufacturer?
Non-Toro brand attachments are not covered under Toro's Commercial warranty but the service can be
provided by Toro distributors.
• What are your proposed exchange and return programs and policies?
New, unused, uninstalled items are eligible for return or exchange and subject to a 15% restock fee. In
addition, any charges associated with return shipment from the returnee's specified location to a Toro
distribution center will be the responsibility of the returnee. Used or installed items cannot be returned or
exchanged. Parts are to be returned at customer's expense within 90 days of purchase.
6) Describe any service contract options for the items included in your proposal.
Our distributors may offer a variety of maintenance programs depending on the need of the customer. These
range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance
contracts that include preventive maintenance and repairs. These programs are priced based on the specific
needs of the customer, equipment age and condition. The distributor can provide pricing for these programs
on a local level.Our distributors try to accommodate customers with a loaner when equipment is down.
Toro has also developed a Web based Equipment Maintenance Management system called myTurf.
Pricing,Delivery,Audits,and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
Toro is offering for sale in the United States and Canada the following:
• New traction units,accessories and attachments from our Commercial, Landscape Contractor,Golf
Irrigation,Residential/Commercial Irrigation and BOSS divisions.These include turf equipment in
the categories of; rotary mowers, reel mowers,greens mowers, utility vehicles,cultivation equipment,
application equipment,irrigation for golf courses and commercial use, as well as snow
removal/maintenance equipment.
• myTurf; Web based equipment maintenance manager service
• Used and demonstration equipment for sale.
• Third party attachments for Toro equipment for sale.
• Financing and lease programs for use to purchase our equipment.
• Parts are not included in this program.
8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data
(including standard or list pricing and the NJPA discounted price)on all of the items that you want NJPA to consider
as part of your RFP response.Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and
product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and
Product Change Request Form for more detail.)
For the contiguous United States our pricing model is a discount off US MSRP that includes freight charges to
the customers dock.
For Hawaii,Alaska,and US Islands, the discount structure is the same(discount off US MRSP)but freight is
not included in the price. Freight will be determined at the time of the sale by the distributor/dealer.
For Canada,the pricing model is our US MSRP multiplied by the exchange rate at the time of order(exchange
rate based on those published at that time in the Wall Street Journal). This creates a new MSRP for Canada
and then the discount off that price is applied.
9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response
represents is a 50%percent discount from the MSRP or your published list.
• Toro Commercial products: 20%off US MSRP. Pricing includes freight to customers dock.
• Toro Landscape Contractor products: 27% off current US MSRP for Turf Equipment and 20% off
snow removal equipment.
• Toro Golf Irrigation: 40%off current US MSRP
• Toro Residential Commercial Irrigation: 40% off current US MSRP
• Toro BOSS Snow Removal Products: 25% off current US MSRP
• Used and Demonstrator equipment: pricing will be set by the distributor/dealer based on product
condition,age, hours,etc.
• Third party attachments: distributors/dealers will set the price but will not exceed list price and may
include setup and freight charges.
10) The pricing offered in this proposal is
a. the same as the Proposer typically offers to an individual municipality,university,or school
district.
X b. the same as the Proposer typically offers to GPOs, cooperative procurement
organizations,or state purchasing departments.
c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or
state purchasing departments.
d. other than what the Proposer typically offers(please describe).
11)Describe any quantity or volume discounts or rebate programs that you offer.
Toro authorized distributors/dealers may choose to provide additional discounts based on unit quantity or
total purchase volume.
12) 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.
Toro authorized distributors/dealers may provide third party equipment that attaches to Toro product.These
products will be priced no higher than that products MSRP. Freight and set-up fees may also apply.
13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This
cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list
costs for items like installation, set up,mandatory training,or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
We have identified the pricing and potential additional costs in items 8,9 and 12.
14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery
program.
Shipping charges for Toro equipment outside the contiguous United States are not covered as part of the
product price. The NJPA members outside this area will be invoiced only for the actual costs of freight and
delivery which can be provided at time of order. Shipping costs will also be added for any third party
attachments purchased for Toro products.
15) Specifically describe those shipping and delivery programs for Alaska, Hawaii,Canada,or any offshore delivery.
• For Hawaii,Alaska,and US Islands,the discount structure is the same(discount off US MRSP)but freight
is not included in the price. Freight will be determined at the time of the sale by the distributor/dealer.
• For Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of order
(exchange rate based on those published at that time in the Wail Street Journal).This creates a new MSRP
for Canada and then the discount off that price is applied.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal.
Most product will be shipped from a distributor/dealer to the customer, but many of the products in the
Landscape Contractor or irrigation divisions are available at a dealer may be picked up from the dealer.
17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your
proposed Contract with NJPA.This process includes ensuring that NJPA Members obtain the proper pricing,that the
Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to
NJPA.
The Toro Company will be paying all administration fees to NJPA for sales on this contract. Toro
distributors/dealers supporting the NJPA contract will receive rebates from Toro for equipment sold under
the NJPA contract to NJPA members. Toro distributors/dealers will be required to submit documentation to
ensure compliance with contract in order to receive rebate. Additionally, Toro may contact NJPA members
purchasing Toro product under the NJPA cooperative purchasing contract to ensure member satisfaction.For
our Commercial products we have a pricing system that allows them to choose the Program pricing they need.
We will have the NJPA pricing established in this system for them to select.
18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA
Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's
sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP
Section 6.29 and following for details.)
Toro agrees to pay administrative fees to NJPA in the amount of 1.5% of all sales of whole goods and
accessories,less freight,shipping and set-up costs,associated with this contract.
Industry-Specific Questions
19)Describe the top three market differentiators of your products/services relative to this RFP category.
• Product quality-Toro enjoys the highest market share by far for equipment sold to the golf market.Our
focus on Turf Equipment allows our engineers to design and our manufacturing facility to produce the
highest quality products. One manner of determining product quality is residual value of equipment.
Comparative shopping of used equipment shows that Toro used products are in high demand and
command a premium price. It is not often that a company that has a higher initial price commands the
highest market share, but Toro does. This is due to customers making a value decision based on repair,
maintenance,service,parts,operation and longevity. Toro provides the best overall value. For every state
and local Turf Equipment (non-tractor) contract that Toro participates, we have the highest share of
volume.
• Product support- Earlier in the proposal we wrote about our standard of excellence for service is
achieving a 9+ rating for our distributors in their respective markets. Toro distributors have 92% same
day parts shipping rate nationally. Compared to our competitors we have a very low distributor turnover
rate.This means a consistency and continuity of service even in the economic downturns.Our distributors
continually invest in training for the sales and operations staff. To continue certification with Sales and
Marketing Executives International (SMEI) their sales staff must participate in 20 hours of annual
training.Toro provides this training through Toro University which publishes ongoing training and hosts
a bi-annual weekly training conference for all sales and sales management teams. We want our sales team
to be the best trained in the industry to be a resource of information for our customers.
• Innovation — Toro's goal is to achieve 35% of sales from new product development. This corporate
objective drives our dedication to innovation from the top down. We have the highest investment in terms
of percent of sales to product development in the industry. Our Center for Advanced Turf Technology
(CATT) is the team that takes a holistic look at emerging technologies in energy, agronomy, resourcing,
engineering, governmental regulations and marketability to guide our teams with a long term plan. In
question 27 we have listed many of the Value Added attributes that our teams have developed for current
products. Examples of their work can be found in our Alternatives Fuels research and development.
Alternative Fuels
A number of years ago,The Toro Company saw the need to evaluate and approve the use of biodiesel fuels
in our products. We conducted an extensive,multi-year test program to approve the use of biodiesel fuels.
As a result of the testing, all Toro diesel products are approved for the use of B20 fuels. We made the
necessary changes to the machines that allow the use of that mix. We are willing to work with specific
customers and allow the use of 8100 fuel is special situations.The machines will function well on 8100 fuel
but some caution must be taken. Cold temperatures can cause the fuel to jell. It is also necessary to change
fuel filters on a more regular basis. We would be happy to work with you to use 8100 fuel successfully.
Propane is another choice that we offer on a few products. Properly designed propane powered products
can be a good choice.We have engineered the products to have the correct engines and fuel systems so that
they perform up to customer expectations. Propane requires convenient access to a fuel supply. It is also a
less dense fuel that is typically stored in cylindrical tanks. The product range is somewhat less than an
equivalent gasoline powered machine. Propane powered machines also tend to struggle a bit in cold
temperatures because it is necessary for the fuel to vaporize. If the customer has a readily available supply
of fuel and the site and use practice allow, propane can be a lower cost and lower carbon impact choice.
With the full implementation of the Tier 4 final EPA emission requirements,all of our products are in full
compliance with the applicable rules. These products work very well and have lower emissions and
somewhat improved fuel economy.
Fuel Efficiency
One of the ways to reduce the impact of the product is to improve the fuel efficiency, essentially increase
the"mileage"of the product.We have done some extensive studies on how fuel is used and have identified
some improvements that we have implemented. We have implemented a technology that we call
SmartCoolrm. It more actively decides when it is necessary to run the cooling system on the machine.This
reduces fuel consumption in two ways.One,it does not waste energy to run the fan when it is not required.
Secondly,it allows the machines systems to run at optimum temperature again assuring fuel is not wasted.
This technology can save up to xx%
We have also implemented a technology that we call SrnartPowerTM. In order to make sure that a product
meets customer expectation,it is necessary to make sure that the machine has more power than needed in
all conditions. As a result of extensive studies of machine usage, we found that the peak power demand
were very short duration and were only in special situations. These peaks caused us to put a larger than
necessary engine on the machine resulting more fuel consumption. SmartPowerrm actively manages the
power demand by monitoring the inputs from the operator and clipping the demands by not allowing the
machine to exceed it capabilities. This allows us to utilize a smaller, more fuel efficient engine. Machine
performance on machines with SmartPoweerm is equivalent to machines that do not have the technology
with lower fuel consumption.This feature allows an inexperienced operator to be more productive than a
seasoned veteran.
The new GM5900/5910 that was just made available to the market delivers improved horsepower efficiency
through innovations to the hydraulic systems,the electric cooling system and cutting system improvements,
which reduces power usage. Because of these innovations, we have a demonstrated up to a 30%
improvement in fuel consumption.
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Hybrid Electric
We see a lot of opportunity to use hybrid electric technology to improve the fuel efficiency of our products.
Hybrid electric is beneficial when the peak power requirements are substantially larger than the average
power.We have two products that are currently available.One Triflex Greensmower and a fairway mower
known as the 5010H.Both products are true hybrids that have engines that charge batteries and power the
implements with electric drives. The electric drives are designed for this application to be substantially
more efficient than the drives that they replace. We have implanted a creative technology that we call
PowerMatch where the hybrid power system decides if the energy required to accomplish the task comes
from the engine or the batteries. The net result is 20% fuel savings. Hybrid technology has potential
applications to other products in our portfolio that are currently in development,
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All Electric Products
We have been looking at all electric products for many years. Toro holds some of the original patents on
electric mowers that date back to the 1920's.The fundamental challenge is that it takes approximately 800
pounds of lead-acid batteries to be equivalent to a gallon of gasoline or diesel fuel. As a result,it is difficult
to get the performance that customers expect or that provide the run time that is needed because it is not
possible to carry enough energy in batteries.Battery technology continues to improve both in performance
and cost.
As of today,we have developed and offered for sale a eFlex® Greensmower®that utilizes state of the art
brushless DC electric motors and advanced Li-Ion battery system. The battery is designed to last for 5
years and provide sufficient runtime to mow the expected number of greens and to power the key desired
accessories such as groomers and lights.
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New to the market is the Workman GTX electric,which has extended range over its predecessor
We have and continue to look for new applications of all electric products. It is very important that we
understand the demands of the application and make sure that the components are appropriately sized for
the application. We need to make sure that we provide adequate power (torque) for peak demands and
sufficient capacity and cooling for the required runtime.We believe that we understand the customer needs
and expectations so that our all-electric products now and in the future will be desired because they are
superior products. We are in the process of developing additional electric products (and hybrid electric
products)for release in the near future.
Hydrogen Fuel Cells
Hydrogen fuel cells are one of the emerging technologies that hold a lot of promise for mobile applications.
They were invented in the 50's and 60's and one of the first high profile applications were to provide
electrical power and water to space craft that allowed us to go to the moon.The first flight of fuel cells was
Gemini 5 in August 1965.The explosion in the oxygen tank that provided fuel for the fuel cell and oxygen
for the crew was the cause of the disaster in Apollo 13.Fuel cells are desirable because they provide efficient
electricity and they are refuelable vs rechargeable.
We have prototyped a number of fuel cell vehicles to both demonstrate the potential and to identify the
design challenges.We picked two of our product platforms to work with a triplex GreensmowerT"'and our
mid-duty and heavy-duty utility vehicle platform.All of the products resulted in very serviceable products
that were equal to or superior to the engine driven platforms that they replaced. We knew we were on the
bleeding edge of the commercialization curve.The products were highly functional but were high cost and
fuel is not readily available.The turf maintenance market is not large enough to enable commercialization
of the infrastructure.We can however utilize shared infrastructure.
We developed and deployed a demonstration of the hydrogen vehicles that was supported by the New York
State Energy Research and Development Authority (NYSERDA). We developed and deployed in
demonstration 4 vehicles at Niagara Falls State Park, Albany, Hempstead and Bethpage.
Toro Fuel Cell Powered Heavy Duty Workman Utility Vehicle
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Dimensions: 128" x 65" x 76"(L x W x H*)* Incl ROPS
Weight: -2000 lbs(est)
Max GVW 4250 lbs
Payload: 2250 lbs total(1850 lbs bed,400 lbs passengers)
Towing: 3500 lbs (w/trailer brakes), 1500 lbs(w/o brakes)
Bed: Hyd. dump, latching tailgate,stake pockets,20 cu ft
Top Speed: 20 mph
Seats: 2
Tire Size: 20 x 10- 10 (Front) 24 x 12-- 12 (Rear)
Construction: Steel frame,steel bed,plastic hood and body panels
Suspension: Coil Spring(front) Leaf Spring(rear)
Storage: Glove box (open)
Controls: Power steering, accelerator pedal, brake pedal, park brake, F-N-R, Hi-Lo
range,diff-lock, bed lift, key-start,light switch, horn,cruise control,supervisor switch.
Gages: H2 psi(fuel),hours, LCD info-center, indicator lamps
Fuel Cell: 8 kW PEM,Hydrogenics
Operating voltage: 48V nominal
Motor/Controller: ACIM,600 A
Buffer-Hybrid: 4 x 12 Lead Acid batteries
Tank Pressure: 5000 psi (350 bar)
Tank capacity: 74 liters(1.8 kg)
Range: Estimated-80 miles/tank? (TBD)
20) Within the RFP category there is the potential to be several different sub-categories of solutions.
Identify the sub-category title(s) that would best describe your products,equipment and supplies.
• Rotary Mowers
• Reel Mowers
• Greens Mowers
• Utility Vehicles
• Turf Cultivation Equipment
• Turf Application Equipment
• Residential/Commercial Irrigation
• Golf Irrigation
• Snow Removal Equipment
Signature: 0-1",,A4L Date: Zs\INc... t 0 ri
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SIMPSON NORTON CORPORATION
[Contractor Quotation]
See following pages.
VR�
L Quotation
Simpson Norton Corporation Prepared For:
4144 S Bullard Ave Town of Fountain Hills
Goodyear,AZ 85338 Kevin Snipes
(623)932-5116 16705 E.Avenue of the Fountains
Fountain Hills,AZ
(602)721-3908
Prepared By: ksnipes( fh.az.gov Quote ID Q07060
Manny Castro,SCPS Quote Date 7/2/2019
Sports Fields&Grounds Acct Mgr Quote Expire Date 8/31/2019
(602)803-9266 Contract Sourcewell
manny.castro(a�simpsonnorton,com #062117-TTC
I am pleased to submit a quotation on the following equipment for your consideration.
Quantity Model# Product Name Unit MSRP Discount% Unit Award Price Extended Award
Price
1 07386 Workman HDX-4WD(Kubota Gas) $35,177.00 $27,508.41 $27,508.41
1 07372 Canopy $660.00 $516.12 $516.12
1 08703 Sand Pro 3040 $19,277.00 $15,074.61 $15,074.61
1 08754 QAS Finish Grader(Box Blade) $2,962.00 $2,316.28 $2,316.28
3 07042 Workman GTX Gas $10,299.00 $8,053.82 $24,161.45
3 07921 2-Person Canopy $507.00 $396.47 $1,189.42
Totals
Equipment Total $70,766.31
Toro Protection Plus $0.00
Subtotal $70,766.31
Tax Estimate $5,307.47
PM Service Contract $0.00
Totals I $76,073.78
Sourcewell Contract#062117-TTC Pricing,4-6 Weeks for Delivery
Manny Castro,SCPS
Simpson Norton Corporation Sports Fields Grounds Acct Mgr
4144 S Bullard Ave (602)803-9266
Goodyear AZ,85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com
TO
POI� Quotation 110,
4 O f •8,F�
��4PhYvk
Simpson Norton Corporation Prepared For:
4144 S Bullard Ave Town of Fountain Hills
Goodyear,AZ 85338 Kevin Snipes
(623)932-5116 16705 E.Avenue of the Fountains
Fountain Hills,AZ
(602)721-3908
Prepared By: ksnipes(a fh.az.gov Quote ID Q07060-A
Manny Castro,SCPS Quote Date 7/2/2019
Sports Fields&Grounds Acct Mgr Quote Expire Date 8/31/2019
(602)803-9266 Contract Sourcewell
manny.castro@simpsonnorton,com #062117-TTC
I am pleased to submit a quotation on the following equipment for your consideration.
Quantity Model# Product Name Unit MSRP Discount% Unit Award Price Extended Award
Price
1 08703 Sand Pro 3040 $19,277.00 21.80% $15,074.61 $15,074.61
1 08754 QAS Finish Grader(Box Blade) $2,962.00 21.80% $2,316.28 $2,316.28
Toro I Sand Pro 3040
vita
` i.
Totals
Equipment Total $17,390.90
Toro Protection Plus $0.00
Subtotal $17,390.90
Tax Estimate $1,304.32
PM Service Contract $0.00
Totals f $18,695.22
Sourcewell Contract#062117-TTC Pricing,4-6 Weeks for Delivery
Manny Castro,SCPS
Simpson Norton Corporation Sports Fields Grounds Acct Mgr
4144 S Bullard Ave (602)803-9266
Goodyear AZ,85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com
ICA
rwe►�ow Quotation � �
Simpson Norton Corporation Prepared For:
4144 S Bullard Ave Town of Fountain Hills
Goodyear,AZ 85338 Kevin Snipes
(623)932-5116 16705 E.Avenue of the Fountains
Fountain Hills,AZ
(602)721-3908
Prepared By: ksnipesfh.az.qov Quote ID Q07060-B
Manny Castro,SCPS Quote Date 7/2/2019
Sports Fields&Grounds Acct Mgr Quote Expire Date 8/31/2019
(602)803-9266 Contract Sourcewell
manny.castro(a�simpsonnorton,com #062117-TTC
I am pleased to submit a quotation on the following equipment for your consideration.
Quantity Model# Product Name Unit MSRP Discount% Unit Award Price Extended Award
Price
3 07042 Workman GTX Gas $10,299.00 21.80% $8,053.82 $24,161.45
3 07921 2-Person Canopy $507.00 21.80% $396.47 $1,189.42
Toro I Workman®GTX Series
Totals
Equipment Total $25,350.88
Toro Protection Plus $0.00
Subtotal $25,350.88
Tax Estimate $1,901.32
PM Service Contract $0.00
Totals I $27,252.19
Sourcewell Contract#062117-TTC Pricing,4-6 Weeks for Delivery
Manny Castro,SCPS
Simpson Norton Corporation Sports Fields Grounds Acct Mgr
4144 S Bullard Ave (602)803-9266
Goodyear AZ,85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com
\h.
Quotation
Simpson Norton Corporation Prepared For:
4144 S Bullard Ave Town of Fountain Hills
Goodyear,AZ 85338 Kevin Snipes
(623)932-5116 16705 E.Avenue of the Fountains
Fountain Hills,AZ
(602)721-3908
Prepared By: ksnipes(a�fh.az.gov Quote ID Q07060-C
Manny Castro,SCPS Quote Date 7/2/2019
Sports Fields&Grounds Acct Mgr Quote Expire Date 8/31/2019
(602)803-9266 Contract Sourcewell
manny.castro@simpsonnorton,com #062117-TTC
I am pleased to submit a quotation on the following equipment for your consideration.
Quantity Model# Product Name Unit MSRP Discount(1/0Unit Award Price Extended Award
Price
1 07386 Workman HDX-4WD(Kubota Gas) $35,177.00 21.80% $27,508.41 $27,508.41
1 07372 Canopy $660.00 21.80% $516.12 $516.12
Toro I Workman®HDX Series(0733
Totals
Equipment Total $28,024.53
Toro Protection Plus $0.00
Subtotal $28,024.53
Tax Estimate $2,101.84
PM Service Contract $0.00
Totals I $30,126.37
Sourcewell Contract#062117-TTC Pricing,4-6 Weeks for Delivery
Manny Castro,SCPS
Simpson Norton Corporation Sports Fields Grounds Acct Mgr
4144 S Bullard Ave (602)803-9266
Goodyear AZ,85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com