HomeMy Public PortalAbout2022-21 Selecting Rain Drop Products LLC for the splash pad replacement projectRE S O L U T I O N N O . 2 0 2 2 -2 1
A C A P I T A L P R O J E C T A U T H O RI Z IN G RE S O L U T I O N O F
T H E V IL L A G E C O U N C IL O F T H E V IL L A G E O F K E Y
B I S C A Y N E , F L O RI D A , S E L E C T IN G RA IN D R O P
P R O D U C T S L L C F O R T H E S P L A S H P A D RE P L A C E M E N T
P R O J E C T I N A N A M O U N T N O T T O E X C E E D $1 9 5 ,0 0 0 ;
P R O V ID IN G F O R A U T H O RI Z A T I O N ; A N D P R O V ID IN G
F O R A N E F F E C T I V E D A T E .
W H E RE A S , the Village of Key Biscayne ("Village") desires to replace the splash pad
located at the edge of the Village Green and adjacent to the Village Community Center (the
"Capital Project"); and
WHEREAS, in order to implement the Capital Project, the Village needs to demolish and
replace the existing concrete pad, trench and install a commercial fresh water piping and manifold
system, and install a new splash pad (the "Services"); and
WHEREAS, the type of purchase contemplated by the Village has been competitively bid
by Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of
government, which has entered into Sourcewell Contract No. 010521-RDP ("Sourcewell
Contract") with Rain Drop Products LLC (the "Vendor"); and
WHEREAS, in accordance with Section 2-86 of the Village's Code of Ordinances, the
Village Council seeks to authorize the Village Manager to purchase the Services for the Capital
Project from the Vendor consistent with the Sourcewell Contract and the Contractor's quote and
associated documents, attached hereto as Exhibit "A" (the "Quote"), as the pricing offered pursuant
to the Sourcewell Contract is in the Village's best interest; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the citizens of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
S e ction 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2.
Section 3.
Approval of Purchase. The Village Council hereby approves the
purchase of the Services for the Capital Project from the Vendor.
Authorization for Purchase of Services. The Village Council hereby
authorizes the Village Manager to purchase the Services for the Capital Project consistent with the
terms and conditions of the Sourcewell Contract and the Quote attached hereto as Exhibit "A," in
an amount not to exceed $195,000.00.
Section 4. Implementation. The Village Council hereby authorizes the Village
Manager to execute any purchase order or required documentation for the purchase described
in this Resolution, subject to approval by the Village Attorney as to form and legality, and to
take any action which is reasonably necessary to implement the purpose of this Resolution.
Section 5.
adoption.
Effective Date. That this Resolution shall be effective imm ediately upon
PASSED and ADOPTED this 12th day of __._A=p=ri:.::.l __ _,, 2022.
ATTEST:
a b~?:>. K-oc.A_
JOCELtfN B.l(H
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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WE ISS SEROTA HELFMAN COLE & BIE RM AN, P.L.
VILLAGE ATTORNEY
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EXHIBIT "A"
010521-RDP
Sou rcewell ~
Solicitation Number: RFP #010521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Rain Drop Products LLC, 2121 Cottage Street, Ashland, OH 44805
(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 Playground and Water Play Equipment with Related
Accessories and Services 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 February 17, 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 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 any time 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 may be 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. A U T H O R IZED R EP R ESEN TA TIV E
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 . A U D IT , A SSIG N M E N T , A M EN D M EN T S, W A IV ER , A N D C O N T RA CT CO M PLETE
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.
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.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
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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.
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.
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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. SEVERABILITV
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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:
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• 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:
l. 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
CG000l (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
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
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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. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Vendor will maintain coverage for all claims
the Vendor may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Vendor's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$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
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
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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.
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.
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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.
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
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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 CONTRACT OR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. 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 0MB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. 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
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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
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.
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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 Rain Drop Products LLC
!i OocuSigned by:
By: ~to:C~m")
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
2/15/2021 10:30 PM CST
Date: ------------
~
OocuSigned by:
"WvvJ<.-0~
BY: 20ACAB4884 49430 ...
Mark Williams
Title: President/CEO
2/18/2021 I 9:49 AM CST
Date: -----------
Approved:
11 oocuSigned by:
By: ~!aF0t~!!t,
Chad Coauette
Title: Executive Director/CEO
2/18/2021 I 9:50 AM CST
Date: ------------
R e v . 10/2020 17
DocuSign Envelope ID: 0B618075-49D 1-4E77-9166-64 7EB8B72019
RFP 010521 - Playground and Water Play Equipment with Related
Accessories and Services
Vendor Details
Company Name:
Address:
Contact:
Email:
Phone:
HST#:
Raindrop Products LLC
2121 Cottage Street
Ashland, Ohio 44805
Greg Holt
gholt@rain-drop.com
419-207-1229 22
34-1904609
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction#:
Submitter's IP Address:
Wednesday November 11, 2020 13:22:58
Tuesday January 05, 2021 12:46:52
Greg Holt
gholt@rai n-d rop. com
e52e0409-2098-4 7 c6-bbbe-62139e3f7 e94
24.154.167.39
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuS ign Envelope ID : 0B618075-49O 1-4E 77-9166-647E B8B 72019
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
Line Question Response* Item
1 Proposer Legal Name (and Rain Drop Products LLC .
applicable d/b/a, if any):
2 Proposer Address: 2121 Cottage Street .
Ashland, Ohio 44805
3 Proposer website address: www.rain-drop.com .
4 Proposer's Authorized Mark Williams, President / CEO, 2121 Cottage Street, Ashland, Ohio 44805, mwilliams@rain-
Representative (name, title, drop.com, 419-207-1229 ext. 10 - mobile 614-506-1221
address, email address & phone)
(The representative must have
authority to sign the "Proposer's *
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
5 Proposer's primary contact for this Greg Holt, National Sales Manager, 2121 Cottage Street, Ashland, Ohio 44805, gholt@rain-
proposal (name, title, address, drop.com, 419-207-1229 ext. 22 .
email address & phone):
6 Proposer's other contacts for this Jody Radcliffe, Inside Sales Manager, 2121 Cottage Street, Ashland, Ohio 44805,
proposal, if any (name, title, jradcliffe@rain-drop.com, 419-207-1229 ext. 52
address, email address & phone):
Table 2: Company Information and Financial Strength
lline I . Item Question !Response•
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77 -9166-647EB8B72019
7 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.
40 Years ago, Gary Zuercher founded Rain Drop Products with the introduction of the
Rain Drop Fountain (or "Mushroom" as it is commonly known). Mr. Zuercher is
widely regarded as the "father of children's aquatic play" and because of his many
innovations in this industry was honored as one of the first inductees into the World
Waterpark Hall of Fame. To this day, Mr. Zuercher remains a friend and advisor of
the company. Today, Rain Drop Products is the largest United States based
manufacturer of splash pads, spray parks, slides, zero depth play features, water play
structures and decorative fountains. In our 40-year history, we have installed
thousands of projects in all corners of the world. While we are very proud of our
history, we are more gratified with our on-going efforts to transform the traditional
children's aquatic play experience. Guided by a company mantra of "Maximizing the
sensory and cognitive experience for children of ALL abilities" Rain Drop is focused
on introducing products that offer more than just fun aquatic play value. We
encourage every customer to contemplate the addition of products that can stimulate
ALL children including those with special needs. We are concentrated in developing
both inclusive & interactive products with sensory packages like LED Lights, Sound,
Vibration, Tactile feel so that ALL children including the autistic, deaf, blind &
physically challenged can engage and enjoy. Throughout our history Rain Drop has
pushed this industry's evolution by constantly introducing new innovative ideas and
features. Raindrop has transformed the industry from making simple "sprinkler parks"
to the imaginative interactive thematic, & inclusive aquatic play projects that exists
today. We believe both the project and product design should maximize the
concepts of ACTION / REACTION & CAUSE / EFFECT and COGNITIVE
DEVELOPMENT creating a truly interactive environment that promotes learning and
has play value for ALL. Raindrop strives to go beyond the mandates of
ACCESSIBILITY or UNIVERSAL. DESIGN and create truly inclusive .and interactive
community gathering places. The link below is a short 3 minute video that succinctly
visually articulates our mission. https://youtu.be/Fq3LPloyaY4
While our core business is serving the children's aquatic play needs of cities, towns,
and municipalities all over the world, we are also proud to have partnered with some
of the most respected names in the industry. See attached link to our Partner
Projects
https://spark.adobe. com/page/6kF4 EriALQ8o 7 /
Our SHADE products offered will be from USA Shade. USA SHADE is the pioneer,
innovator and proven industry leader in shade structure design and technology. For
more than 28 years, they have led the industry through an unyielding commitment to
innovation and excellence. Since thier founding in the early 1990s, USA SHADE
structures have grown to be popular alternatives to conventional shade applications
and equipment for architects, builders, and designers. As a vertically integrated
business, they offer thier clients extensive resources, versatile application options and
innovative shade solutions. At USA SHADE, outstanding quality of our products are
critical to the success of thier clients' projects and business. All of the fabric and
structural components are fabricated using the most advanced technology, materials
and processes available in our !AS-certified, 173,020+ square-foot fabrication facility.
The safety surfacing product we are offering is from LIFEFLOOR. In the last 15
years LIFEFLOOR has successfully provided safety surfacing for over 2000 projects
globally. In that time they have quickly become the go-to aquatic safety surfacing for
municipalities, cruise lines, resorts, waterparks, and aquatic recreation facilities around
the globe. They are the ONLY Aquatic Safety Surfacing with NSF/ANSI/CAN
Standard 50 Certification which is the standard referenced in 38 State Pool Codes
as the basis of design. They also offer the best and longest warranty for aquatic
surfacing in the industry. The products are made in South Dakota from raw and
recycled ingredients and have the manufacturing capacity to service more than 1000
projects per year in the US with ability to add 5x capacity within 6 months. The
product is produced in a ISO-9001 certified facility providing top quality assurance
and best practices for manufacturing. LIFEFLOOR has a National Installation
Partnership with Inside Edge Safety Surfacing with Coverage by service providers in
all the top 40 MSAs.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-647EB8B72 019
8 What are your company's expectations in the
event of an award?
As we experienced with our first Sourcewell contract, the acceptance and adoption of
nationwide competitively bid cooperative purchasing contracts is steadily on the rise.
As we (and others) introduce and educate potential members of the advantages of
purchasing from a contract that has already been competitively bid and fulfills all of
the applicable purchasing bid requirements, we have found greater acceptance of
cooperative purchasing. Our Sourcewell related orders have increased significantly in
each of the 3-1/2 year's we have held the contract. We expect the significant year
over year increase to continue. We have already demonstrated our ability to out sell
the prior contract holder Fountain People / Water Odyssey 022113-FPI who sold
$2,156,852 during the almost seven years they held the contract 07/2010-04/2017
(this information as obtained directly from NJPA-Sourcewell after a public records
request). In only 3-1/2 years as a contract holder we have sold $5.2 million dollars
of projects through our Sourcewell contract (Some of these projects have yet to be
reported to Sourcewell as they are currently in Process - Not completed). We expect
that Purchase Orders coming from new and/or existing Sourcewell members will
become our largest source of order gestation. One of Rain Drop's most competitive
advantages and market distinguisher's is our ability to make custom I organic I
thematic features. These custom features are often mascots, brands, identities of the
city / town / municipality where the project is located. We find that many of our
customers are looking for both a way to ensure a competitive price, yet somehow
mandate the use of Raindrop's custom / organic features all the while complying with
their respective purchasing regulations. Without access to an approved purchasing
corporative our customers are forced to put these projects out for public bid and
then sort out the "OR EQUAL" issues in regards to features proposed by others that
may or may not actually be truly ·'EQUAL". If we have access to a well-respected
nationwide purchasing cooperative like Sourcewell, we have proven that many of our
customers would welcome the chance to become members and purchase through this
program. In sum, if awarded this contract we expect to continue to grow our
Sourcewell related revenue tremendously.
9 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.
Rain Drop Products, LLC is a privately held company with the majority of shares
held in a series of Trusts. The beneficiaries of these trusts are all the descendants
of Jack Hire whom is now deceased. Jack Hire was a serial entrepreneur who
started and/or purchased many companies including various manufacturing entities,
hotels, Radio/TV stations, security firms as well as investing in many other private
equity investing opportunities. A family office called Red Diamond, Ltd. was created
by the Hire family with the sole purpose of monitoring and assisting the family with
their various financial needs. The Rain Drop Board of Directors reports directly to
Red Diamond, Ltd. Red Diamond and the Hire family are very private and selective
about sharing any details of their various investments and holdings. Due to the
public nature of this RFP process we are unable to share Rain Drop Products
financials. We have, however, included a letter of reference from our bank
Huntington National as well as a Certificate of Liability Insurance with Sourcewell
named as the Certificate Holder. Additionally, we would note that during the 3-1/2
years we have held a Sourcewell contract ALL quarterly administrative fee payments
due have been made in a timely manner.
The SHADE product that we plan to distribute is from USA SHADE. USA SHADE
is a financially sound and stable business with a $25,000,000 bonding capacity, AM
Best Financial Strength Rating of A (Excellent), and AM Best Financial Size Category
of Class X ($500m-$750m).
10 What is your US market share for the
solutions that you are proposing?
Rain Drop's US Market Share of the total Children's Aquatic Recreation market is
estimated at 40%(this estimate is based upon the children's aquatic recreation
market in US cities, towns & municipalities ONLY and specifically excludes the
Privately Held Water Park industry) For the Surfacing product that we will distribute
through this contract LIFEFLOOR Market Share is 25% and for the Shade product
we will distribute through this contract USA SHADE is estimated at 35%
11 What is your Canadian market share for the
solutions that you are proposing?
Canadian Market Share of the total Children's Aquatic Recreation market is
estimated at 5% While Rain Drop has partner sales channels in Canada and
consequently has completed many projects in the country, due to the fact that 3 of
Rain Drop's main competitors are Canadian based companies with greater proximity
and presence in the region, we have strategically concentrated our efforts in areas
with greater chances of success while still supporting our partners in Canada.
For the Surfacing product that we will distribute through this contract LIFEFLOOR
Market Share is 25% and for the Shade product we will distribute through this
contract USA SHADE is estimated at 35%
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No. In the 38 year history of Rain Drop Products, LLC we have never filed for
bankruptcy protection in any form. Additionally, we have never defaulted on any
commercial lending instrument.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77-9166-647EB8B72 019
13 How is your organization best described: is it
a m anufacturer, a distributor/dealer/reseller, or
a serv ice pro vider? Answ er whichever
question (either a) or b) just below ) best
applies to your organization.
a) If your com pany is best described as a
distributor/dealer/reseller (or sim ilar entity},
pro vide your written author ization to act as a
distributor/dealer/reseller for the m anufacturer
of the pro ducts pro posed in this RFP. If
applicable, is your dealer network
independent or com pany ow ned?
b) If your com pany is best described as a
m anufacturer or service provider, describe
your relationship with your sales and serv ice
force and with your dealer network in
delivering the products and serv ices proposed
in this RFP. Are these individuals your
em ployees, or the em ployees of a third party?
Rain Dro p is best described as a United States based M anufact uer AND Service
pro vider. W ith very few exceptions (ie. Pum ps, Contro llers, Filters) Rain Dro p
m anufa ctures ALL of the Children's Aquatic Recreation Pro ducts offered in the RFP
in the United States in Ashland, Ohio. Our sales netw ork uses a com bination of
intern al em ployees (Inside Sales Staff, Sales Director, Anim ator s, CAD , etc) and
extern al Regional Sales Director's em ployees located thro ughout the United States.
In addition, w e strategically partner w ith independent sales organizations all over the
US and Canada who have the contacts, relationships, & trust of the decision makers
at the local level. These independent sales organizations are compensated on a
commission basis upon a successful sale.
In relation to SHADE and SURFACING offered by Rain Drop within this RFP we act
as an independent authorized distributor. Our sales network uses a combination of
internal employees (Inside Sales Staff, Sales Director, etc) and external Regional
Sales Director's employees located throughout the United States. In addition, we
strategically partner with independent sales organizations who have the contacts,
relationships, & trust of the decision makers at the local level. These independent
sales organizations are compensated on a commission basis upon a successful sale.
14 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Certificate of Origin: Made in the USA
Rain Drop Products ensures its subcontractors, construction and professional partners,
and itself conform to all applicable licensure and registration laws. Our product
offerings bridge many disciplines of engineering, architecture, and construction
trades. All construction projects require these services and are governed by the
individual states in the USA, and individual provinces in Canada. These services
require registration or licensure to design and build an aquatic facility and the
individual license or registration can be provided on individual project request. These
services are as follows:
1. Professional Engineer (PE)
a. Mechanical
b. Civil
c. Electrical
2. Registered Architect
3. General Contractor
4. Plumbing
5. Electrical
Rain Drop Products, LLC certifies that it designs and manufactures all of its products
in accordance to all applicable ASTM Standards. Rain Drop Products is a committed
leader to providing safe equipment for the aquatic play industry. We are members of
ASTM, belong to the F24 and F15 committees and participate on several aquatic
task groups; the Group on Drains for Aquatic attractions, the Group on Waterslides,
and the Group on Interactive Aquatic Play. We are in compliance with the ASTM
F1487 where referenced and all external references made by the ASTM F24.70 and
ASTM F2461-09 standards.
The products, materials and designs that are furnished by Rain Drop Products are
compliant in accordance to their respective ASTM standards, other standards and
governing bodies that set forth best practices. These organizations or governing
bodies are as follows but not limited to; Consumer Product Safety Commission
(CPSP) 15 U.S.C. §§ 8001-8008, National Electric Code (NEC) Section 680.26(B),
Americans with Disabilities Act Accessibilities Guidelines (ADAAG) Section 15.6,
International Swimming Pool and Spa Code (ISPSC), the Association of Pool and
Spa Professionals (APSP), American National Standards Institute (ANSI), Underwriters
Laboratories Inc. (UL) International Association of Plumbing and Mechanical Officials
(IAPMO), and all state and local health codes.
ASTM Standards
ASTM F24 on Amusement Rides and Devices
ASTM F24.70 Water Related Amusement Rides and Devices
ASTM F2461-09 Standard Practice for Manufacture, Construction, Operation, and
Maintenance of Aquatic Play Equipment
ASTM F2376-08 Standard Practice for Classification, Design, Manufacture,
Construction, and Operation of Water Slide Systems
ASTM F2291-16 Standard Practice for Design of Amusement Rides and Devices
ASTM F15.29 Playground Equipment for Public Use
ASTM F1487-11 Standard Consumer Safety Performance Specification for Playground
Equipment for Public Use
ASTM F2387-04(2012) Standard Specification for Manufactured Safety Vacuum
Release Systems (SVRS)for Swimming Pools, Spas and Hot Tubs
ASTM F2707-10 Standard Safety Performance Specification for Safe Design and
Installation of Field Fabricated Suction-Limiting Vent Systems for Suction Entrapment
Prevention in Swimming Pools, Spas, Hot Tubs, and Wading Pools
ASTM F1193 Practice for Amusement Ride and Device Manufacturer Quality
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 1 8 0 7 5 -4 9 O 1 -4 E 7 7 -9 1 6 6 -6 4 7 E B 8 B 7 2 0 1 9
A s s u ra n c e P ro g ra m a n d M a n u fa c tu rin g R e q u ire m e n ts
A S T M F 1 1 5 9 -0 3 a -S ta n d a rd P ra c tic e fo r D e s ig n a n d M a n u fa c tu re o f P a tro n Di re c te d ,
A rt ifi ci a l C lim b in g W a ll s , D ry S lid e , C o in O p e ra te d a n d P u rp o s e fu l W a te r Im m e rs io n
A m u s e m e n t rid e s a n d d e v ic e s a n d a ir s u p p o rt e d s tru c tu re s
A S T M D 2 0 C o m m itt e e o n P la s tic s
0 2 3 4 3 -0 9 S ta n d a rd T e s t M e th o d fo r T e n s ile P ro p e rt ie s o f G la s s F ib e r S tra n d s , Y a rn s ,
a n d R o v in g s U s e d in
0 2 5 6 2 -9 4 S ta n d a rd P ra c tic e fo r C la s s ify in g V is u a l D e fe c ts in P a rt s M o ld e d fr o m
R e in fo rc e d T h e rm o s e tt in g P la s tic s
0 2 5 6 3 -0 8 (2 0 1 5 ) S ta n d a rd P ra c tic e fo r C la s s ify in g V is u a l D e fe c ts in G la s s -R e in fo rc e d
P la s tic L a m in a te P a rt s
A S T M F 0 1 C o m m itt e e o n E le c tro n ic s
A S T M C 0 9 C o m m itte e o n C o n c re te a n d C o n c re te A g g re g a te s A S T M C 2 7
C o m m itt e e o n P re c a s t C o n c re te P ro d u c ts
N S F /A N S I S ta n d a rd 5 0 : T h is is th e A m e ric a n N a tio n a l S ta n d a rd fo r s w im m in g p o o l
e q u ip m e n t, s p a s , h o t tu b s a n d o th e r re c re a tio n a l fa ci litie s in cl u d in g fil te rs a n d fil te r
m e d ia , p u m p s , v a lv e s , w a te r c irc u la tio n d e v ic e s , h o s e , p ip in g , fi tt in g s , p o o l a la rm s ,
p o o l c o v e rs , c h e m ic a l g e n e ra tio n a n d fe e d in g s y s te m s , a n d a d v a n c e d w a te r tre a tm e n t
a n d o x id a ti o n te c h n o lo g ie s , s u c h a s o z o n e a n d u ltra v io le t (U V ) s y s te m s . M o s t s ta te
a n d lo c a l p o o l c o d e s fo r c o m m e rc ia l, w a te rp a rk s , s p la s h p a d s , m u n ic ip a l, h o te l,
m o te l, a p a rt m e n t, a n d c o n d o m in iu m re q u ire c o m p lia n c e w ith N S F /A N S I S ta n d a rd s .
T h is is a n e s s e n tia l h e a lth s ta n d a rd to p re v e n t a d v e rs e e ff e c ts to h u m a n h e a lth .
N S F /A N S I S ta n d a rd 6 1 : T h is s ta n d a rd o f d rin k in g w a te r s y s te m c o m p o n e n ts is to
e s ta b lis h m in im u m re q u ire m e n ts fo r th e c o n tro l o f p o te n ti a l a d v e rs e h u m a n h e a lth
e ff e c ts fro m p ro d u ct s th a t c o n ta c t d rin k in g w a te r. N S F /A N S I S ta n d a rd 6 1 in cl u d e s
c rite ria fo r te s tin g a n d e v a lu a tin g p ro d u c ts to e n s u re th e y d o n o t le a c h c o n ta m in a n ts
in to th e w a te r th a t w o u ld b e a h e a lth c o n c e rn . T h e s e c o n ta m in a n ts in cl u d e th o s e
re g u la te d b y th e U n ite d S ta te s E n v iro n m e n ta l P ro te c tio n A g e n c y (U S E P A ) a n d H e a lth
C a n a d a , a s w e ll a s a n y o th e r n o n -re g u la te d c o m p o u n d s th a t m a y b e o f c o n c e rn .
L E A D F R E E C O M P LI A N C E C E R T IF IC A T IO N : C a lifo rn ia 's L o w -L e a d p lu m b in g la w
(C a lifo rn ia H e a lth & Safety Code Section 116875; commonly referred to as AB1953)
and Vermont Lead in Consumer Products law (Act 193); effective January 1, 2010,
prohibits the sale of any plumbing products intended to convey water for human
consumption through drinking or cooking that contain lead in excess of a 0.25%
weighted average. NSF International has developed a recognized evaluation protocol,
NSF-61 Annex G, which serves as independent 3rd party certification of product
compliance to California and Vermont low-lead plumbing laws.
Underwriters Laboratories Inc. (UL) - UL helps companies demonstrate safety, confirm
compliance, enhance sustainability, and deliver quality and performance. This
certification establishes trust with the user that the design, manufacture, and use of
the product conforms with best industry standards in the United States of America.
Underwriters Laboratories Inc. (cUL) - UL approval for Canada - Underwriters
Laboratories of Canada is an independent product safety testing, certification and
inspection organization. UL helps companies demonstrate safety, confirm compliance,
enhance sustainability, and deliver quality and performance. This certification
establishes trust with the user that the design, manufacture, and use of the product
conforms with best industry standards in Canada.
Canadian Standards Association. (CSA) Combined logo - CSA approval for Canada
and the USA CSA Group delivers confidence and peace of mind to manufacturers,
retailers, code authorities and consumers around the world. With the experience and
knowledge of thousands of volunteer members, more than 1,600 in-house technical
experts and nearly a century of experience in standards development and product
certification, we offer you the solutions you need to operate and live in today's world,
and the guidance to drive you towards success tomorrow.
lntertek ETL Listed - Approval for the USA - lntertek is one of the world's largest
Testing, Inspection and Certification companies. The following is a list of Standards
lntertek test to for the North American; ASME, ASTM, ANSI, CSA, NFPA, NOM,
NSF, UL/ ULC
lntertek ETL Listed - Approval for Canada - lntertek is a Certification Body by the
Standards Council of Canada.
IS09001: The IS09001 standard is the most recognized international quality system
standard. This quality system controls the total process of incoming materials.
process control, testing and final inspection
American Water Works Association Standards
C901 Polyethylene (PE) Pressure Pipe, Tubing and Fittings, 12-lnch Through 3-lnch,
for Water.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : OB618075-49D1-4E77 -9166-647EB8B72019
Plastics Pipe Institute Report
PPI-TR 9 Recom m ended Design Factors and Design Coeffici ents for Therm oplastic
Pressure Pipe NSF Standards.
NSF/ANSI
Standard No. 61 for Drinking W ater System s Com ponents--Health Effects
Standard 50 fo r sw im m ing pool equipm ent, spas, hot tubs and other recreational
facilities incl uding filters and filter m edia, pum ps, valves, w ater circulation devices,
hose, piping, fittings, pool alarm s, pool covers, chem ical genera tion and feeding
system s, and advanced w ater treatm ent and oxidation technologies.
Uni-Bell PVC Pipe Association
Uni-Bell Handbook of PVC Pipe , Chapter VIII, Table 8.7.
15 Provide all "Suspension or Debarm ent" None in the past 38 year history of the Rain Drop Pro ducts, LLC
inform ation that has applied to your *
organization during the past ten years.
Table 3: Industry Recognition & Marketplace Success
Line Question Response• Item ,-
16 Describe any relevant industry awards or World Waterpark Association 2020 Leading Edge Award
recognition that your company has received Soaky Mountain Waterpark
in the past five years
National Parks and Recreation Association-2019 Best Booth Runner Up
2019 NRPA Conference
World WaterparkAssociation-2019 Best Booth
2019 WWA Conference *
Article in the July/August 2019 edition of Wordl Waterpark Magazine featuring
Rain Drop Products
Article in the Spring 2019 edition of Colorado Byline Magazine featuring Rain
Drop Products
2018 Project of the Year - Ohio Concrete Association - Mansfield YMCA
17 What percentage of your sales are to the Greater than 95% of our total sales are to the governmental sector specificaly cities, * governmental sector in the past three years towns and municipalities
18 What percentage of your sales are to the Less than 5% of our total sales are to the education sector * education sector in the past three years
19 List any state, provincial, or cooperative Prior to receiving the Sourcewell contract #030117-RDP Rain Drop held a
purchasing contracts that you hold. What is cooperative purchasing contract with HGAC - Parks & Recreation Equipment
the annual sales volume for each of these Contract No.: PR11-16. Immediately upon being awarded the Sourcewell contract
contracts over the past three years? we abandoned the HGAC in favor of solely relying on Sourcewell as our primary
cooperative purchasing program. Additionally, we have been approached by many .
of the larger nationwide cooperative purchasing organizations who have encouraged
us to participate in solicitations. We have declined those request in an effort to
focus our education, training, sales efforts solely on Sourcewell. Under the
Sourcewell contract we currently have held for 3-1/2 years we have generated
-$5,200,00 of revenue or approximately -$1.5 per year.
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?
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuS ign Envelope ID : 0B618 075-49D 1-4E77 -9166-647E B 8B 72019
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•
NonProfit - Mansfield Area YMCA Cristen Gilbert 419-522-3511 x224
Testimonial included in the documents .
section zip file "Upload Additional
Documents"
City of Newberry Parks and Recreation Scott Sawyer 803-321-3681
estimonial included in the documents section .
zip file "Upload Additional Documents"
City of Pontiac Taylor Baxter 815-844-6818
estimonial included in the documents section .
zip file "Upload Additional Documents"
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five govern ment, 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/ Scope of Work • Size of Transactions • Dollar Volume Past Three
Province* Years."
City of Government Indiana - IN Multiple Splash Pad Projects 3 Transactions with $825,748
Indianapolis located throughout the City of average value of $275,000 .
Parks & Indianapolis
Recreation
Union City Government New Jersey - NJ Multiple Splash Pad Projects 8 Transactions with $754,783
Parks & located throughout Union City Average value of $95,000 .
Recreation
District of Government District of Multiple Splash Pad Projects 8 Transactions with $654,229
Columbia Columbia - DC located throughout the District of Average value of $82,000
Department of Columbia .
Parks &
Recreation
Union County Government New Jersey - NJ Multiple Splash Pad Projects 4 Transactions with $570,531
Parks & located throughout Union County Average value of
Recreation $143,000
NOTE:
Union County
Parks and
Recreation is .
separate entity
completely
distinct from
Union City
Parks and
Recreation
Edinburg Government Texas - TX Multiple Splash Pad Projects 4 Transactions with $417,878
Parks & located throughout Edinburg Average value of .
Recreation $104,000
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 following areas: locations of your network of sales and service providers, the number of
workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party),
and any overlap between the sales and service functions.
I~~: I Question I Response•
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77 -9166-647EB8B72 019
23 Sales force. Sales Force - Rain Drop employs an internal sales support staff comprised of a
National Sales Manager, Inside sales personnel, Administrative Support, 3D Animators,
Project Designers, Product Designers, Engineers, & Marketing Specialists. These
direct Rain Drop employees' primary responsibility is to ensure projects move from
the "Lead" status to "Opportunity Pipeline" and then into a an actual Purchase Order.
The Sales Force is incentivized and compensated based upon the success of the
company to move opportunities from the "Pipeline" into "Purchase Orders." We also
employ Regional Sales Directors who cover the United States and Canada and
maintain external corporate offices near the center of their respective sales territory.
Each Sales Director is a direct employee of Rain Drop and receives a base salary
directly from the company. In addition, they receive commissions based upon the
volume of Revenue derived from within their territory. The regional Sales directors do
NOT attempt to sell directly to the end user. Rather their core responsibility is to
foster, maintain and grow a network of partner sales channels from within their territory.
see Attached territory map
see territory map in Documents upload
24 Dealer network or other distribution methods. External Sales - Partner Sales Channels
Rain Drop Products maintains a diverse and varied team of external sales channels.
These partners include strategic sales organizations that cover the entire US and
Canada. They typically represent a variety of recreation and aquatic products.
These strategic partnerships are success based relationships where a commission is
paid upon sale. They are independently owned success based third party dealers.
These dealers are knowledgeable and trained to sell the complete line of Rain Drop.
Our independent sales representatives, dealers, and service providers always work
with a Rain Drop employee to ensure the proper solution is being administered. Our
independent sales representatives and dealers provide complete and overlapping
coverage of the continental United States and Canada. Each sales representative and
dealer is provided sales tools, sales presentation materials, and factory training and
support.
see territory map in Documents upload
25 Service force. Internal Service
Rain Drop's, Project Management, Engineering, Manufacturing, and Technical Service
departments are all engaged in the sales/service process through the entire product
lifecycle. Our internal technical service team provide telephone support and on-site
service when needed. Our service department handles everything from pre-construction
analysis to post operation service and warranty issues. Our typical site services
consist of pre-construction analysis, inspections during construction, pre-pour concrete
inspection, installation support, product and system calibration and staff training,
preventive maintenance, product and system service and emergency service. There are
no boundaries in regards to how far we travel and for the duration in which we will
stay.
External Sales and Service Providers
Rain Drop certifies independent contractors and service providers to install, new
equipment startup, seasonal startup, facility operations and maintenance staff training,
seasonal shutdown, winterization, and factory authorized field repairs.
These partner contractors have been educated in the best practices of installing and
maintaining Rain Drop equipment. These companies are located throughout the Unites
States and Canada and assist us with Turn-Key installations and are qualified to
service our products and systems. Rain Drop internal service department handles most
our site and service work; however, we have the capability to service dozens of
projects simultaneously with the resources of our certified service network. We offer an
annual two-day training and "what's new" meeting for these companies to keep them
current with our latest developments in technologies, installation and service related to
our products and systems.
see territory map in Documents upload
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-64 7EB8B72019
26 Describe in detail the process and
pro cedure of your custom er serv ice
pro gram , if applicable. Include your
response-tim e capabilities and
c o m m itm ents, as well as any incentives that
h e lp y o u r p ro v id e rs m e et your stated
s e rv ic e goals or prom ises.
The core of our custom er service program is our strict adherence to a
CRM , "Custom er Relationship M anagem ent system , and use of an electronic paperless
d o c u m e n ta tio n s y s te m . T h e C R M is th e to o l that we use to docum ent every aspect of
a custom er request. W hether the issue is in regards to sales or serv ice, every em ail,
p h o n e c all or extern al notation is docum ented and retrievable in the CRM . The m ain
b e n e fi t o f th is s y s te m is th a t n o m a tt e r w h ic h Rain Drop em ployee is involved in
assisting a custom er, they can easily find any/all inform ation / com m unications that has
lead up to the current status. Having a central point of info rm ation is vital to quickly
and efficiently assisting our custom ers. In addition, Rain Dro p m aintains a "paperless
offi ce" and keeps all electronic docum entation in a cloud based serv er. Every paper
docum ent is scanned and O CR'rd (O ptical Character Recognition) and then uploaded
to the client's pro ject folder or serv ice case file in the cloud. Since every docum ent
has been OCR 'd, that allow s us to retrieve docum ents via electro nic search based
upon any word that docum ent m ay contain. Our electronic database goes back over
19 years and pro vides our custom er serv ice departm ent with instant search access to
project specific draw ings, job notes, item s purchased, etc, within the last 19 years.
W hen a custom er calls, the technical support line, the call rings a series of
em ployee's phone depending on which m em bers of the technical support departm ent
are in the offi ce or currently on the line. W e use a VO iP phone system so the
technical support m em bers can also have support calls ro uted directly to their m obile
phones if they are out of the offi ce. After a technical support call gets routed thro ugh
the support tree and rem ains unanswered, the caller is asked to leave a m essage.
The voice m ail m essage is im m ediately sent to the em ail address of our com pany's
CEO . Our CEO then determ ines the appropriate person to handle the call and
directs that person to respond. Our serv ice team is highly m otivated not to allow a
call to be sent to the CEO . This happens during the day, night and on weekends.
Rain Dro p understands the issues that arise when a Project is inoperable and will do
e v e ry1 h in g in o ur pow er to assist a custom er in getti ng back up and running. This
in cl u des a com m itm ent to responding on weekends and outside of business hours
when needed and involves the entire com pany personnel.
27 Describe your ability and willingness to
pro vide your pro ducts and serv ices to
Sourcew ell participating entities in the
United States.
Many of the sam e justifications that make purchasing through a respected nationw ide
cooperative purchasing contract an attractive option fo r cities, tow ns, m unicipalities
apply to a Sourcew ell contract Vendor. As a Vendor, participation in the typical public
bid process can be tim e consum ing, costly, duplicative and exhaustive of lim ited
personnel recourses. Additionally, given our ability to create unique custom , them atic,
organic one-of-a-kind pro ducts, often tim es projects get can get side-tracked as
purchasers and engineers grapple with what is or is not an "O R EQ UAL" product.
The ability to avoid these costs justifies the discounted pricing m odel we present. If
aw arded this contract, prom oting purchases be m ade using the Sourcew ell would
REM AIN our num ber one priority for all potential m em bers acro ss the United States
and Canada. Proxim ity to our potential custom ers is a non-Issue. W e sell our
pro ducts AND provide service to our custom ers all over the world and have done so
for 40 years.
28 Describe your ability and willingness to
provide your products and serv ices to
Sourcew ell participating entities in Canada.
Our ability and willingness to pro vide pro ducts in Canada is easily dem onstrated by
the m any successful projects we have been involved with in m any Canadian
provinces. W e have a dealer partner which is one of the largest pool designer /
contractor's in the country, that does projects in all Canadian Providences. Acapulco
Pools has over 150 em ployees and is considered the largest pool contractor in the
country . Also see above response to question 27
29 Identify any geographic areas of the United
States or Canada that you w ill NO T be fully
serv ing thro ugh the pro posed contra ct.
None
30 Identify any Sourcewell participating entity
sectors (i.e., govern m ent, education, not-fo r-
profit) that you will NO T be fully serv ing
through the pro posed contract. Explain in
detail. For exam ple, does your com pany
have only a regional presence, or do other
coopera tive purchasing contra cts lim it your
ability to prom ote another contract?
None
31 Define any specific contract requirem ents or
restrictions that would apply to our
participating entities in Haw aii and Alaska
and in US Territor ies.
None
Table 7: Marketing Plan
Line Question Response• Item
32 Describe your marketing strategy for Due to the great success we have had with our current Sourcewell contract we plan to
promoting this contract opportunity. continue with many of the marketing efforts that were implemented over the last three years
Upload representative samples of your as well as trying some new approaches. The secret to successfully marketing this contract
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 18 0 7 5 -4 9 D 1-4 E 77 -9 16 6 -6 4 7 E B 8 B 7 2 0 19
m a rk e tin g m a te ria ls (if a p p lic a b le ) in
th e d o c u m e n t u p lo a d s e c tio n o f yo u r
re s p o n s e .
op p o rt u n ity is E D U C A T IO N of bo th po te n tia l S o u rce w ell m e m b e rs an d air en tire sa le s te a m
(b o th in te rn a l an d ex te rn a l pa rt ne rs ). T he ed u c atio n be g in s w ith a sim p le re vie w of all the
m a te ria ls tha t ha v e be e n c re a te d by S o u rce w ell fo r C o n tra ct V e n d or s. S o u rce w e ll ha s
c rea te d m a ny to o ls , v id e o s , P o w e rP o in ts an d pd fs th a t co v e r all as p e cts of suc ce ssfu lly
se llin g off a co m p e titiv e ly pu rcha se d co n tract. T h e re sp o n sib ility fa lls on the V e n d o r to us e
tho s e to o ls to em p o w e r th e ir sa le s / se rv ic e pa rt ne rs. A n exa m p le of o u r ed u ca tio n eff o rt s
c a n be fo u n d w ith a s e rie s of Z O O M m e e ting s w e co nd u c te d du rin g the "sta y-a t-ho m e "
orde rs tha t m o s t of the co u n try w a s un d e r th is S p ring . E a c h of ou r R e g io n a l S a le s
D ire c to rs w as c h a rg e d w ith ho ld in g Z O O M m e e tin g s w ith e a c h o f o u r sa le s pa rt ne rs. A
key c o m p o n e n t of the s e m e e ting s w a s in struc tio n o n ho w to se ll usin g th is co ntrac t. M a n y
of the S o u rc e w e ll v e n d o r to o ls w e re us e d du rin g the se m e e tin g s . N o t o n ly did w e ed u c a te
on ho w to in tro d u c e th is co ntra ct to po te ntia l ne w S o u rce w e ll m e m b e rs bu t W H Y it is
im p o rt a n t fo r bo th R a in D ro p and the po te n tia l cu s to m e r the re a p the co st sa vin g s in h e re n t
w ith a D ire c t P u rc h a s e -S o u rcew e ll pu rch a se . T h e Z o o m m e e ting s w e re so suc ce ssfu l a n d
co s t effec tiv e w e ha v e in itia te d m o n thly sa le s pa rt ne r Z O O M m e e tin g s to discus s all thin g s
re la te d to su c c e s s fully se llin g R a in D ro p .
W e b s ite
C o n tin ue to P ro m ine ntly D isp la y the S o u rcew e ll P u rch a s ing O p tio n on the H O M E pa g e
of o u r w e b s ite
C o n tin ue to ex p a n d up o n the c u rre n t pa g e la b e le d "C o o p e ra tiv e P u rcha s ing " un d e r the
re s o u rc e s ta b on ou r w e b site . C u rr e n tly lis te d is a trac ka b le w e b pre se ntatio n hig h lig h tin g
S o u rc e w e ll and R a in D ro p P ro d u c ts alo ng w ith the m o st re c e n t pre se n ta tio n pro vid e d by
S o u rc e w e ll. W e pla n to ad d se ve ra l m o re pie c e s of info rm a tio n to th is se c tio n incl u d in g
a "S uc c e s s w ith S o u rc e w e ll" pre se n ta tio n fea turing pa st pro je cts an d cu s to m e rs tha t ha ve
us e d S o u rc ew e ll w h e n pu rcha sing fr o m R ain D ro p .
T ra d e S h o w s an d C o n fe re n c e s
C o n tin ue to P ro m in e n tly D isp la y th e S o u rce w e ll P u rch a sin g O p tio n at A L L tra d e s
s ho w s . R a in D ro p att e n d s bo th La rge N a tio n a l T rad e s ho w s as w e ll as sm a lle r sta te
sp e c ifi c trad e s s h o w s an d the S o u rcew e ll C o n trac t w ill be d isp la y e d pro m in e n tly in all o u r
bo o ths . In 20 19 , w e w o n s e ve ral aw a rds fo r o u r in no vativ e bo o th . W e m a d e su re tha t
S o u rc ew e ll w as pro m in e n tly dis p la ye d o n the bo o th an d w ill co n tin u e to do so m o ving
forw a rd .
P rin te d M a te ria ls
R a in D ro p P ro d u c ts off ers a va rie ty of pro d u c t-line ba se d bro c h u res . T h e se bro c h u re s *
are printed in house on a digital press and are perpetually showing off our latest and
greatest offerings. The materials are being distributed across the US through our Regional
Sales Directors, Sales Representative Groups, and Corporate Headquarters. Furthermore,
PDF versions of all catalogs are available for download on our website. All these
brochures will be branded with the Sourcewell logo and have pages dedicated to
Sourcewell.
They are as follows:
1) Imagination Guide
2) Inclusive Aquatic Play
3) Creature Features
4) Structures
5) Slides
Email
Adoption & Promotion of the Sourcewell "Awarded Contract Logo" on ALL email
footers.
Press Releases
Using our website along with many of the various Press Release engines Rain Drop
has and will continue to post press releases regarding Sourcewell and our success with the
program.
Video lntro/Outro and Renderings
Adoption of the Sourcewell "Awarded Contract Logo" on the intro / outro of all the
Video Animations that we create during the Early Stage Pre-Design stage of a project
Adoption of the Sourcewell "Awarded Contract Logo" on the Renderings that we
create during the Early Stage Pre-Design stage of a project
Trade Publications
Rain Drop Products periodically and strategically advertises in several industry trade
publications. When running an ad, we make sure the contact of the publication will be of
interest to our client base. When advertising, all ads will show our Sourcwell awarded
contract number along with the Sourcewell logo.
Mail Campaigns
We receive information requests through several different outlets including trade show leads,
website information requests, and publication surveys. We add these leads to a database
and send out two large mail campaigns a year. Each mail campaign does and will
include information on Sourcewell.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-64 7EB8B72019
33 Describe your use of technology and
digital data (e.g., social m edia,
m e ta d a ta u s age) to enhance
m a rk e tin g e ff e ctiveness.
Google Analytics - W e have recently created a presentation tool that is tightly intergrated
w ith G o o g le A n a ly tic s . E a c h C u s to m e r/P ro je c t s p e c ifi c p re s e n ta tio n is e n c o d e d w ith a
G o o g le A n a ly ti c s T ra c k in g C o d e . U s in g th e tra c k in g c o d e in c o n ju n c ti o n w ith G o o g le
A n a ly tic s w e ca n e a s ily tra c k h o w lo n g th e p re s e n ta ti o n w a s v ie w e d , fr o m w h a t lo c a tio n the
p re s e n ta tio n w a s v ie w e d , a n d h o w m a n y tim e s h a s it b e e n v ie w e d . T h is in fo rm a tio n is
v ita l to g a u g in g th e le v e l o f in te re s t a p o te n tia l c u s to m e r h a s in o u r p ro je c t o ff e rin g . A n
e x a m p le o f th is to o l in a p p li c a tio n is w ith th e S o u rc e w e ll p re s e n ta ti o n ta b o n th e
H o m e p a g e o f o u r w e b s ite www .ra in -d ro p .c o m
if a p o te n tia l c u s to m e r v is its o u r w e b s ite a n d th e n fu rt h e r cl ic k s th e "ta k e a c lo s e r lo o k " o n
th e S o u rc e w e ll ta b o n th e fro n t p a g e w e c a n v ie w w ith in G o o g le a n a lyt ic s h o w lo n g th e y
w a tc h e d th e p re s e n ta tio n a n d th e ir IP a d d re s s lo c a tio n . U s in g th e IP in fo rm a tio n it is q u ite
e a s y to d is c o v e r th e p o te n tia l c ity , to w n o r m u n ici p a lity th a t is th in k in g a b o u t a p o te n tia l
p u rc h a s e . W ith th is in fo rm a tio n w e th e n c o n ta c t th e d e ci s io n m a k e rs a n d in tro d u c e o u r
p ro d u c t o ff e rin g s .
D ro p b o x - R a in D ro p is e s s e n tia lly a p a p e r le s s o ffi c e . A ll p ro je c t in fo r m a tio n a b o u t a
p o te n tia l O p p o rt u n ity is e le c tro n ic a ll y s to re d in th e C lo u d u s in g D ro p b o x fo r b u s in e s s . A n y
a c tu a l d o c u m e n ta tio n re c e iv e d is s c a n n e d a n d s tor e d e le c tro n ic a lly . A ll fil e s a r e O C R 'd fo r
O p ti c a l C h a ra c te r R e c o g n itio n w h ic h a ll o w s fo r th e a b ility to s e a rc h v ia a w o rd c o n ta in e d in
th e d o c u m e n t. A ll q u o te s , p ro p o s a ls , s u b m itt a l p a c k a g e s , re n d e rin g s , e tc . a re s h a r e d w ith
a p o te n tia l c u s to m e r v ia s h a re d d ro p b o x lin k s . T h e s e lin k s a re v ie w a b le to a n y o n e w h o
w e s e n d a lin k to a s w e ll a s a n y o n e th e p o te n tia l c u s to m e r s e n d s th e lin k to . A ll s h a r e d
lin k s w ith in d ro p b o x c a n b e tra c k e d fo r tra ffi c a n d in s ig h ts d a ta . S p e ci fi c a ll y , w e c a n s e e
w h o v ie w e d th e fi le (s ), if th e y d o w n lo a d e d th e fi le , W h e n (if) th e y a c c e s s e d th e fil e , a n d th e
d e v ic e th e y u s e d to a c c e s s th e fil e .
Y o u tu b e A n a ly tic s - T h ro u g h th e u s e o f 3 D a n im a tio n s R a in D ro p h a s c re a te d b e s t in cl a s s
a s s is ta n c e to o u r c lie n ts to c re a te v e ry e ff e c tiv e m a rk e tin g c a m p a ig n s . W e e m p lo y a fu ll -
tim e 3 D A n im a to r w h o p ro v id e s 3 D v id e o o f e a c h o p tio n fo r e v e ry p ro je c t w e q u o te .
T h e s e 3 D v id e o s a re u p lo a d e d to o u r Y o u T u b e c h a n n e l a re th e n fo rw a rd e d to th e c u s to m e r
fo r re v ie w . (h tt p s ://www .y o u tu b e .c o m /u s e r/R a in D ro p P ro d u c ts /v id e o s ). O u r c h a n n e l c o n ta in s
o v e r 3 ,0 0 0 v id e o s . T h e s e v id e o s c o n ta in s p la s h in g s o u n d s , la u g h in g & screaming kids as
well as much of the projects actual surrounding area. Our goal is to show the decision
makers a real-life version of what the project could look like. Often these videos become
the backbone of the clients marketing campaign to fund a project and/or generate public
support. If awarded this contract, we plan to include a Sourcewell cooperative purchasing
contract "splash screen" in the intro and outro sections of each video we create. We also
use Google Analytics to track viewing time, number of views and location of these
Animation Video's
Metatag Data - Rain Drop uses Flickr as our company wide photo repository for internal
uses as well as our website. All photos on our website are driven by the use of metatags
which pull the image(s) the corresponding place on the website.
WEBBOTS - Automated Progromatic Web search - Rain Drop actively subscribes to
numerous web based automated search engines to programmatically search the internet for
key words that are indicative of a potential customer in the early stage of considering an
aquatic project. We take the results and effectuate a marketing campaign targeted at the
decision makers in these areas. In this marketing campaign we deploy the use of Zoom
Meetings, emails, webinars, phone calls and personal presentations to introduce these
decision makers to the options presented by Sourcewell membership. This is the most
appropriate time to introduce the Sourcewell contract as typically at this early stage of an
aquatic project process the client is often looking at much of the big picture challenges of
a project i.e. How much do these things cost overall? Can you provide installation? Can
you provide Shade? Can you provide Surfacing? Can I get everything necessary for a
Splash pad from ONE vendor?
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-64 7EB8B72019
34 In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Sourcewell Role -
Sourcewell has played a major role in the success we have experienced with our first
contract and we would expect that they would continue to provide and update as necessary
the Resources and Tools which have already been created.
Sourcewell H2O show. - This training session / "mini vacation" not only provided excellent
educational topics but also an invaluable interaction between other contract holders. We
learned how others used the contract and exchanged many ideas on ways that we were
finding success. We attended the show in 2019 and were signed up for the 2020 show
but it was unfortunately cancelled due to Covid. If awarded a contract we would expect to
attend in 2021.
Sourcewell Universities - Get to Know Us - These regional seminars allowed our Regional
Sales Directors and Partner Sales organizations the ability to learn first hand about the
contract advantages and how to sell to member organizations without having to travel out of •
their respective territories. If awarded a contract we would expect to attend these
educational sessions that were in proximity to our Sales Partners and Sales Directors.
Compliance Information Tool - This tool proved invaluable as we assisted interested
potential NEW member's with the state specific regulatory guidance they need to get buy
in from those unfamiliar with the cooperative purchasing / competitive process. We would
expect this tool to be updated as neces~ary.
State Specific Talking Tactics webinars available via youtube. We have had each of our
sales partners watch these Tactics webinars and advised them when new webinars were
released.
Our current Sourcewell contract is fully integrated into our Sale Process and this would
continue if we were awarded this contract. We will continue to educate our sales force as
necessary on how to sell using the Contract and incentivize our sales force to use the
contract whenever possible.
35 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used ii.
Although it represents less than 5% of our total revenue, replacement part orders can be
placed simply by emailing Rain Drop Products from the Contact Us tab on our website.
Currently requests for quotation and purchase orders of replacement parts are often made
by existing customer's via email. A confirmation email is replied to the customer and the
order is entered into our ERP system. The remaining 95% of our revenue is derived from
new project or new product orders. As such, the products involved in a new project order
are not well suited for e-procurement due to the many factors involved in the procurement
process. Factors such as Pump capacity, gallons per minute, maximum overall project total
flow, sequenced project intended flow, individual product minimum and maximum flow all
influence the various configuration of the products involved in a new project order.
Engineering analysis is needed to ensure the new project is configured in the most safe
manner possible. An e-procurement system is not a desirable option in the new project
ordering process in the children's aquatic play industry.
Table 8: Value-Added Attributes
lllne
Item !Question !Response* --~----1 I
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-647EB8B72019
36 Describe any pro duct, equipm ent,
m aintenance, or operator training
pro gram s that you offer to
Sourcew ell participating entities.
Include details, such as whether
training is standard or optional,
who pro vides training, and any
costs that apply.
All our pro ducts and system s com e w ith extensive w ritten operation and maintenance
instructions. W e pro vide both instructions for the overall park along w ith instructions for each
individual feature. All our feature m anuals incorporate 3D renderings from our engineering
softw are. This m akes installation easier, cutting dow n on wording and bringing visualization
to the feature.
W e have many installations, start up, shut dow n and operation training videos available at no
cost to our custom ers. W e also offer w eb-based operation and m aintenance training at no
additional cost. Furtherm ore, our iSplash contro ller is available w ith w eb-based
tro ubleshooting and pro gram m ing.
All onsite m aintenance and operation training are available fo r a nom inal charge. This charge
is based on location and per diem basis. A pro posal w ill be sent to the custom er and the
am ount agreed upon prior to the serv ice.
m aintenance and system operation
Rain Dro p Products, LLC 's engineering and serv ice team s are com prised of the industry 's
m ost experienced professional technicians w ho pro vide onsite and rem ote startup services
and training fo r all equipm ent and devices w e manufacture and sell. W e serv ice the entire
pro duct lifecycle from startup, calibration, verification, equipm ent updates and replacem ents,
winterization or technical advice. Our serv ice team pro vide startup serv ices including device
configura tions, contro l param eter settings, and site acceptance testing. The factory startup
technicians m inim ize startup issues by ensuring your devices w ill w ork correctly in
accordance with pro duct and system design. W e calibrate chem ical controls, fiow rates,
pressure, and any sensor-contro lled devices com plete w ith acceptance and certified
docum entation. W e also record the training fo r the custom er to keep as refere nce.
Seasonal shut dow n and w interization training
Rain Dro p Products, LLC pro vides seasonal shutdow n and w interization serv ices and training.
Pro per system shutdow n and w interization is param ount to continuous operation, system
longevity, and m aintenance cost contro l. Our experienced serv ice providers train the
m aintenance staff how to secure the w ater features, evacuate all w ater and fiuids from the
system s to prevent freezing or gro wt h of unw anted organism s. Closing the facility pro perly w ill
save a lot of work w hen it com es tim e to re-open.
Sourcew ell Training Program
Rain Dro p has also developed a Sourcew ell training pro gra m fo r our Regional Sales
Director s, intern al sales support staff and our nationw ide netw ork of partner sales
organizations.
37 Describe any technological
advances that your proposed
products or serv ices offer.
IND USTRY BEST PAINT / CO ATING W AR RA NTY against the harm ful effects of UltraViolet
sunlight and contam ination from a chlorinated environm ent. The num ber one warranty issue
in the children's aquatic play industry is fading, peeling, cracking of painted surfaces due to
a com bination of the harm ful effects from year-round exposure to Ultra Violet Sunlight Rays
and the chlorinated water to w hich they are subjected. The industry standard shared by
m ost of the m ajor players in the children's aquatic play industry is a TW O year warra nty on
the pro duct Coating I Paints. New for 2021 Rain Drop has partnered with PPG (Fortune 500
company) to introduce a revolutionary new coating system which provides 2-112 times (up to
3-112 times with the optional enhanced system) of warrantied protection. This warranty would
cover 95% of the products we sell.
Paint and Coating warranty: Peeling or delamination of the topcoat and/or other layers of
paint, excessive loss of color and gloss caused by UV, cracking, checking, and hazing.
Standard Paint System = 5 years
Enhanced Paint System = 7 years
All Power Coated Products = 2 Years
Robot - 5 axis CNC Router - Rain Drop's invested nearly $1,000,000 in a "robot" that we
use to cost effectively manufacture our molds. Using this Robot we can provide the
Sourcewell member with an aquatic facility that meets any theme or product they can dream
up. Starting from a customer's dreams or visions we electronically create a 3D drawing to
replicate what we ultimately will produce. Once a customer signs off on the electronic 3D
model we feed this information into the router and it begins the process of creating our
molds. This router has been an integral part of our significant revenue growth and has
already created hundreds of new products never before seen in the aquatics industry.
DMX - IOT Connected Controller - Using the same communication protocol that is in use in
LED Light Shows, Concerts, Stage Shows our aquatic projects have access to the ability to
control LED, Lights, Sound, Vibration, Bubbles, etc. This controller can be connected to the
internet so that the customer can access in real time usage reports, error messages,
maintenance needs. It can also be connected to Web based inputs like Lighting detection
which could shut down, start up the project in the event of dangerous conditions.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77 -9166-647EB8B72019
38 Describe any "green" initiatives Design Principals -Sustainability is a guiding principal in Rain Dro p Pro duct's pro duct and
that relate to your company or to project design goals. Every decision made during the design phase considers the im pact on
your products or serv ices, and the enviro nm ent. Our goal is to pro duce the most environm entally sustainable pro ducts &
include a list of the certifying projects. We attempt to use the valuable resources involved in our projects in the most
agency for each. responsible way possible. The overall project goal of creating an exciting interactive and fun
aquatic project must co-exist with a desire to minimize the environmental and economic
impact on future generations. We address these concerns in all phases of a project. Rain
Drop utilizes high efficiency nozzles and prides itself on our ability to create exciting products
that minimize the amount of water used. Our state of the art control technology provides
maximum flexibility to manipulate and minimize the amount of water used during a cycle. Our
use of Variable Frequency Drives also provides the most energy efficient method of
activating the water features. Depending on the health codes in a particular area, many
creative options exist in regards to RE-PURPOSING the water used on a project, including
percolation, irrigation, and aquifer replenishment. Rain Drop educates our end users of all
available options during the project design phase allowing the end user the flexibility to
create the most sustainable project possible.
Leadership in Energy and Environmental Design Accreditation Points
A properly designed children's aquatic play area has the capacity to earn LEED credits and
offers enhanced life-cycle cost savings. Potential LEED credits can be attained in the
following categories: Sustainable Sites, Water Efficiency, Energy and Atmosphere, and
Materials and Resources. The benefits of designing a project to maximize its LEED
accreditation points are not only a "greener" more sustainable project but the savings can be
seen in total cost of ownership, operation, maintenance, water usage, staffing and overall
durability.
Green Initiative - INTERACTIVE Initiative
Most ALL splash pads operate in a similar fashion. When occupied, a child activates some
form of activator (bollard, touch sensor, etc.), which starts a pre-programmed series of
choreographed sequences. Effectively the controller turns on / off features during an activated
cycle. The issue with this archaic technology is that it is pre-programmed and runs the same
on a cloudy morning when the pad may only have one child on it as it does on a sunny
weekend day when the pad is fully occupied. Rain Drop wants to change the industry
standard and replace the pre-programmed sequences by making all projects 100%
interactive, putting the children in control of what turns on and when. Using our state of the
art controller (iSplash) we can put individual control at the child's fingertips allowing them to
turn on / off the feature they want to interact with. The benefit of this is a dramatic reduction
of water usage and energy but ALSO an increased amount of Interactivity. The simple on/off
exercise provides the child with Action/Reaction - Cause/Effect - Cognitive development
never before introduced to the industry. This ON DEMAND option is the most sustainable
initiative in children's aquatics, eliminating any water wasted by an unattended feature while
increasing the interactive element of the project as a whole. Rain Drop introduces this new
concept on ALL projects and encourages our end users to assist us in changing the industry
standards.
Fiberglass is "greener" than Stainless Steel
Fiber Reinforced plastic "FRP" or Glass Reinforced Plastic "GRP" are terms often used to
describe composite based products. These products have many advantages over their steel,
stainless steel, and aluminum counterparts that contribute to the totality of its lack of
environmental impact. In other words, composite products are the greenest solution due to
their low embodied energy. Embodied energy is the sum energy expended to produce a
component from the lowest raw elements to completion. This includes the energy required to
extract, refine, convert to usable intermediates, transport, manufacture parts, and haul finished
parts. In fact, some of the composite resins and
fiber reinforcement are made from renewable, sustainable, biomass organic materials that
reduce the carbon that is released into the environment from the production of the alternative
materials as they grow. The lifecycle assessment of composite parts is generally 50 years to
99+ years dependent on the specific product. This means multiple replacements of
environmentally damaging metal based products will occur during the lifespan of the
composite product. The composite part will not corrode from the inside out and is not
subject to electrochemical process corrosion. The composite end of life processing is far
less impactful to environment than the other stated materials. Composite piping is
noncorrosive and will not erode to failure from the interior out. Metal pipe often fail from
interior erosion or stripping. Eventual total or catastrophic failure will occur with metal pipe
systems dependent the pH, buffer intensity, alkalinity, and concentrations of calcium,
magnesium, phosphates, and silicates in the water. When the pH level remains below 7.2,
the water is considered corrosive and means etching of metals in equipment and piping will
occur and will shorten the service life of the aquatic equipment. Composite aquatic
equipment and piping are not harmed by corrosive water and disinfection oxidizing chemicals.
39 Identify any third-party issued eco- None
labels, ratings or certifications that
your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life-cycle
design (cradle-to-cradle), or other
green/sustainability factors.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77-9166-647EB8B72 019
40 Describe any W om en or M inority
Business Entity (W M BE), Sm all
Business Entity (SBE), or veteran
ow ned business certifications that
your com pany or hub partners
have obtained. Upload
docum entation of certification (as
applicable) in the docum ent upload
section of your response.
Rain Dro p Pro ducts qualifies as an Ohio Sm all Business Entity and used that qualification to
obtain a low interest loan through the Ohio SBA 166 program w hich enabled it to purchase
our 5-axis CNC ro uter.
Rain Drop Pro ducts has been deem ed a Sm all Business Entity by the O hio Statew ide
Developm ent Corporation during its qualification fo r low interest financing reserved fo r O hio
Sm all Business Entities.
Rain Dro p Pro ducts qualifies as a Sm all Business per the standards set forth by the United
States Sm all Business Adm inistration. Federal Financi ng packages backed by the United
States Sm all Business Adm inistra tion have been offered to Rain Dro p Pro ducts.
41 W hat unique attributes does your
com pany, your pro ducts, or your
serv ices offer to Sourcewell
participating entities? W hat m akes
your pro posed solutions unique in
your industry as it applies to
Sourcew ell participating entities?
Hybrid M anufacturing Medium - The manufacturers w ho m ake up the children's aquatic play
industry can typically by separated into tw o gro ups: Those w ho use Stainless Steel as their
prim ary m anufa cturing m edium , and those w ho use Fiberglass as their prim ary m edium .
Arguably, both m edium s have m any strengths as w ell as weaknesses. Consequently, Rain
Drop has adopted a hybrid approach to choosing our m anufacturing m edium dependent on
the specific product. For pro ducts that our have O rganic / Them atic shapes, Fiberglass is
clearly the best m anufacturing m edium . Conversely, fo r pro ducts that are com prised of
artistically bent pipe, stainless steel is the m ost econom ical solution. By adopting this Hybrid
manufacturing approach,
Rain Drop has m uch m ore flexibility to co st effectively m anufacture a w ider variety of pro duct
than our com petit ion thus pro viding Sourcew ell m em bers the m ost options fo r a aquatic play
project.
Inclusive and Interactive Play elem ents - Rain Dro p's fo cus on inclusion and intera ctivity is
transfo rm ing the children's aquatic play industry . O ur developm ent on pro ducts that stim ulate
ALL the senses incl uding Tactile, Audible, Proprioceptive, and Vestibular is transform ing the
landscape in aquatic play. Our developm ent of pro ducts that use ACTIO N/RE-ACTIO N and
CAUSE/EFF EC T functionality is allow ing us to create the most INTERA CTIVE pro ducts our
industry has ever seen. This unique approach to pro duct developm ent w ill provide
Sourcew ell custom ers the m ost innovated aquatic play fe atures in the industry today.
Com plete Turn key Solution
By com bining every conceivable pro duct category in the children's aquatic play industry w ith
the ancillary pro ducts and serv ices typically fo und on a pro ject allow s a Sourcw ell m em ber to
issue a single purchase order for all the Aquatic Play Pro ducts, Shade, Surfaci ng,
Engineering serv ices, Installation serv ices and training. The ability to be a one-stop shop w ill
undoubtably pro vide a unique cost savings opportunity fo r Sourcew ell m em bers.
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 Question Response• Item
42 Do your warranties cover all products, parts, and Yes. .
labor?
43 Do your warranties impose usage restrictions or While the warranty does have some stated limitations, these are common in .
other limitations that adversely affect coverage? the industry and does not adversely affect coverage
44 Do your warranties cover the expense of Yes.
technicians' travel time and mileage to perform *
warranty repairs?
45 Are there any geographic regions of the United There is NO Geographic region of the United States or Canada for which we
States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs. An
cannot provide a certified technician to perform example of our willingness to quickly respond to warranty needs in difficult to
warranty repairs? How will Sourcewell participating reach locations is the time a customer in Managua, Nicaragua had a
entities in these regions be provided service for defective yet under warranty part. This very small but critical part to their
warranty repair? project (input output board) was preventing the highly publicized opening day *
which was scheduled for 24 hours later. We had the replacement part in
stock but were unable to secure a source to overnight the part in time for
the opening. Our solution was to purchase a plane ticket and fly an
employee from our Ashland, Ohio office to Managua to deliver the part and
turn around and fly home.
46 Will you cover warranty service for items made by Rain Drop Products warrants the products DIRECTLY for each product
other manufacturers that are part of your proposal, category, including those products we simply distribute. We adopt the same
or are these warranties issues typically passed on warranty language including length, terms and conditions as well as
to the original equipment manufacturer? exclusions. Privily for any warranty claim is between the Sourcewell member *
and Rain Drop Products. It would be Rain Drop's responsibility (not the
Sourcewell member) to file a warranty claim with the original manufacture for
any products where a warranty claim has been filed with Rain Drop directly.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D 1-4E77 -9166-647EB8B72 019
47 W hat are your pro posed exchange and return
pro gram s and policies?
RETUR N AND EXC HANG E PO LI C Y
W e stand behind our pro ducts 100%. If you're not com pletely satisfied w ith
your purchase, or you have a non-conform ing pro duct, we w ill work hard to
resolve the issue. Most often w e are able to resolve the issue w ith a field
technician or an inhouse repair of dam aged or nonconfo rm ing pro ducts. If
the product is dam aged in tra nsit, a freight claim w ill be m ade on behalf of
the custom er. If the product is nonconform ing, Rain Dro p Products w ill pay
fo r return freight and negotiated costs incurred or send a field technician to
m ake necessary repairs.
An exchange m ay be necessary as a last resort and is at the sole discretion
of Rain Dro p Pro ducts. An exchanged product m ay not be exact and is
equal or of equal value. Exchanges are m ade only when the pro duct defect
cannot be repair w ith 3 attem pts by a factory authorized or factory
technician. Equal exchanges are not perm itted as a result equipotential
bonding issues and w ill be re solved by case. Most of our pro ducts are m ade
to custom ers specified options and paint schem es. These pro ducts that are
m ade to order have a 50% re stocking fee, plus freight if applicable. This
fee is the cost incurred to alter the product fo r resale. O ne of a kind
pro ducts that are produced fo r a specific custom er or have custom er speci fic
logos or m ascots are not return able or refundable. Off the shelf products
and com m odity based products have a 30% restocking fee from the O EM
(original equipm ent m anufacturer). If an order is canceled for any reason
after w e have received a purchase order from the custom er, no fees or
penalties w ill be im plem ented as long as the pro duct has not been shipped
or production of the item has not com m enced. If the pro duct is shipped, it
m ust be return ed at the custom ers expense in an unused and resaleable
condition and are subject to restocking fees. If pro duction on the product
has begun, Rain Drop w ill negotiate w ith the custom er for the incurred costs
up to 100% of the selling cost of the product dependent of pro gress and
product ty pe. Our refund policy does not cover products dam aged due to
neglect, im pro per usage or application, w ind dam age or other acts of nature.
Our pro ducts refund / re turn policy only covers products installed and used as
intended.
48 Describe any serv ice contract options fo r the item s
included in your pro posal.
Rain Drop Pro ducts offers serv ice contract options to assist the custom er
w ith construction site inspections at various interv als, advisory assistance
during construction, com m issioning of a new park, operation and m aintenance
training, seasonal startups, shutdow ns, and w interization. These serv ices
ensure proper pro cedures are fo llow ed to help prevent dam age to equipm ent
and pro m ote safe opera tion conditions. These services are offered as a one
tim e visit or can be custom ized fo r an extended period depending on the
custom er needs.
Construction Site inspections ensure the installation of infrastructure
com ponents and w ater features are correct and to industry standards and
Rain Drop Pro duct instruction.
Construction advisor assist the contractor or installer to ensure pro ducts are
installed correctly fo r safe reliable use.
Com m issioning of a new park ensures that all the supplied equipm ent is
installed properly prior to energizing elect rical com ponents and pipe
connections are correct. Thro ugh this pro cess the equipm ent is adjusted and
calibrated to optim al and intended perform ance. Startup training is available
to train m aintenance and operating personnel how to keep the system
functioning in safe and reliable m anner. Seasonal shutdow n / winterization is
to assist the m aintenance personnel to shutdow n the park to help prevent
dam age to equipm ent and pipe system s. Seasonal Startup assists
m aintenance personnel to get the park operational again and ensuring
every thing is adjusted and calibrated for safe operation.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D 1-4E77 -9166-647EB8872 019
Table 10: Payment Terms and Financing Options
Line
Item Question Response*
49 What are your payment terms (e.g., net 10, net 30)? Our normal Payment terms are 35% deposit / 65% balance prior to
shipment for most customers. In addition to our stated pricing
discount, we waive our standard terms and offer all Sourcewell
members who purchase under this contract Payment Terms of Net 30
50 Describe any leasing or financing options available for use
by educational or governmental entities.
As the COVID-19 vaccines are slowing released and our country
begins to come out of this 100 year pandemic, Rain Drop's core
customer base will be reeling from the year long loss of income
from sales tax, income tax, etc. Cities, Towns, Municipalities make
up 95% of Rain Drop's revenue stream. From a financial
perspective this customer base has been hit hard as it was forced
to spend un-budgeted funds on Covid-19 related expenses at a time
when they are also facing unprecedented revenue loss. Unlike the
Federal Government, these entities must work within a balanced
budget. As things get back to normal, very difficult decisions will
have to be made regarding budget cuts in all areas from essential
services to Parks and Recreation. Unfortunately, it's possible that a
children's aquatic play project may take a back seat to keeping
fireman and police employed. At the same time, however, this virus
has emphasized the importance of providing local recreational
alternatives for everyone. For these reasons Rain Drop has
partnered with fellow Sourcewell contract holder NCL Government
Capital (Sourcewell Contract #011620-NCL) to provide financing
alternatives to Sourcewell members to a complete suite of finance
solutions. NCL and is an industry expert in municipal financing
solutions. NCL will offer leasing terms from 12-120 months on
transactions from $5,000.00 and up. Traditional leasing and
financing programs will be offered along with programs specifically
designed for schools and governmental entities including Tax-Exempt
Municipal Leases and a Purchase Order Only program.
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.
In order to ensure accountability and accuracy, as the contract holder,
ALL communications, quotations, Purchase Order processing, and/or
invoicing would go through Rain Drop. Our external dealer network
would be copied on ALL communication between the Sourcewell
member and Rain Drop. Our internal and external sales, support
and service staff always has access to ALL project communication
and documents via our CRM and/or use of cloud based shared
project folders. The Accountability / Reportability of our Sales
Order / Invoice process is described in detail in Table 13 Line Item
62.
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?
We currently accept P-cards from all the major P Card companies
for all payments with a 4% surcharge additional cost. As an
additional incentive to use the Sourcewell contract w will WAIVE the
surcharge for all Sourcewell members.
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line Question Response* Item
53 Describe your pricing model (e.g., line-item discounts or We offer line item pricing discount off listed price. See pricing
product-category discounts). Provide detailed pricing data spreadsheet which breaks down pricing by product category. NOTE:
(including standard or list pricing and the Sourcewell In our continuing effort to ensure that the Sourcewell members
discounted price) on all of the items that you want received the industry best pricing, in the 3-1/2 years we have held * Sourcewell to consider as part of your RFP response. If the Sourcewell contract we have NOT submitted a price and change
applicable, provide a SKU for each item in your proposal. request to Sourcewell despite numerous price changes that occurred
Upload your pricing materials (if applicable) in the document within our core product line during this same time period.
upload section of your response.
54 Quantify the pricing discount represented by the pricing 10% discount of the the stated MSRP
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.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-647EB8B72 019
55 Describe any quantity or volum e discounts or rebate
program s that you offer.
The Pricing pro vided to Sourcew ell for this contract represents the
best pricing offered to any Entity. G PO , cooperative pro curem ent
organization or state purchasing departm ent. The pricing
m ethodology was based upon the assum ption that Rain Dro p would
receive "average" sized single purchase orders fro m m ultiple entities
across the Sourcew ell m em bership w hich justified the volum e
discount. How ever, If a single Sourcew ell m em ber w as contem plating
a com m itm ent to m ultiple orders or a single large purchase order,
we could pro vide an additional discount dependent on the overall
size of the opportunity and/or num ber and kind of features selected.
56 Pro pose a m ethod of facilitating "sourced" pro ducts or
related serv ices, which m ay be referred to as "open market"
item s or "nonstandard options". For exam ple, you m ay
supply such item s "at cost" or "at cost plus a percentage,"
or you m ay supply a quote fo r each such request.
W hile it is difficult to im agine a pro duct or serv ice that is not
accounted fo r in this offering, if one w ere to pre sent itself w e would
supply a quote for each request. If the Sourcew ell m em ber desire d
to purchase the pro duct based on the quote w e would subm it a
prici ng item change addition info rm ation per the Sourcew ell
guidelines to get it on the Contract.
57 Identify any elem ent of the total cost of acquisition that is
NO T included in the pricing subm itted with your response.
This incl udes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For exam ple, list costs fo r item s like pre-
delivery inspection, installation, set up, m andatory training, or
initial inspection. Identify any parties that im pose such costs
and their relationship to the Proposer.
No additional costs are antici pated for the purchaser beyond w hat is
included in the pricing provided in this subm ittal. Rain Drop is
offering a total turn key solution including from every thing from Early
Stage design, Engineered Stam ped draw ings, installation serv ices to
start-up and training.
58 If freight, delivery , or shipping is an additional cost to the
Sourcew ell participating entity, describe in detail the
com plete freight, shipping, and delivery progra m .
All of our pro ducts are individually w rapped in foam and secured in
wooden crates . Shipping charges are additional and unfortunately
there is no current fo rm ula to determ ine freight costs w ithout know ing
the pro ducts and shipping location. All pro posals incl ude freight
charges that are determ ined once the pro ducts are chosen and a
shipping location is pro vided. W e then determ ine the best m ode of
transportation, in m ost cases either less than truck load com m on
carriers such as FedEx Freight, UPS Freight, YRC , etc., or private
trucking com panies that specialize in larger shipm ents and have less
handling. W e currently have contracts w ith three 3rd party logistics
com panies, eight com m on carriers (FedEx Freight, UPS Freight,
YR C , ABF, Old Dom inion, Pitt-O hio, W ard and Saia) and dozens of
private trucking com panies. W e shop all our freight utilizing these
resources fo r the best price and serv ice. W e w ould be happy to
pro vide these quotes to your mem bers to show full transparency so
they know they are getting the most econom ical rate possible and
are only being charged w hat Rain Dro p is being charged. W e also
charge fo r the shipping crates and handling fees to securely
package and crate the pro ducts. W e are waiving these charges for
all Sourcew ell m em bers and w ill only charge fo r the freight serv ices
provided by the com panies listed above. O ur shipping departm ent
coordinates the delivery w ith the Sourcew ell m em ber and the trucking
com pany. Our shipping departm ent m onitors the shipm ent until it is
delivered com m unica ting updates to the Sourcew ell mem ber daily
until the product is delivered.
59 Specifically describe freight, shipping, and delivery term s or
program s available for Alaska, Haw aii, Canada, or any
offshore delivery .
W e have experience shipping all over the w orld. W e have shipped
pro ducts to Canada, Haw aii, Puerto Rico, Central Am erica, South
Am erica, Euro pe, Asia and Australia. W e utilize the sam e pro cess
as above for Canadian shipm ents. W e also use som e of the third
party logistics com panies fo r shipm ents to Haw aii and Alaska.
How ever, we also have contracts with many intern ational logistics
com panies that often offer better rates and serv ice to these
locations. W e w ill shop fo r the best rates and serv ice and charge
the Sourcew ell m em bers in the sam e manner as listed above. W e
w ill also w aive any charges fo r crates, packaging m aterials and
handling. W e can clear custom s in Canada w ith our bro ker, but in
m ost cases the Canadian com pany w e sell to uses their ow n bro ker
to clear custom s. W e do provide all necessary docum entation to
clear custom s, w hether thro ugh our bro ker, or the custom er's bro ker.
60 Describe any unique distribution and/or delivery m ethods or
options offered in your proposal.
Our pro duct usually ships in tw o phases. The first shipm ent contains
all the below grade com ponents that need to be installed prior to
pouring concrete. The second shipm ent w ould include all above
grade feature s and m echanical equipm ent. The shipm ents are
typically split for construction purposes, as the features needed prior
to pouring concrete are readily available and the above grade
com ponents and m echanical equipm ent take longer to produce and
ship. These features are not required to start construction thus
m ultiple shipm ents are offered. W e also can utilize Flatbed and Step
Deck transportation fo r larger features and ease of handling.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77 -9166-647EB8B72 019
Table 12: Pricing Offered
Li ne T h e P ric ing O ff ere d in this P rop os a l is : * Com m ents Item
61 c. better than the Pro poser typically offers to GPOs, cooperative pro curem ent organizations, or state purchasing
departm ents.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 18 0 7 5 -4 9 D 1-4 E 77 -9 16 6 -6 4 7 E B 8 B 72 0 19
Table 13: Audit and Administrative Fee
Line
Item Question Response•
62 Specifically describe any self-audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities 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 Sourcewell.
Upon receiving a LEAD for a product or project inquiry, the
lead is entered into our Customer Relationship Management
system (CRM). At that time, if the customer has stated an
interest in using the Sourcewell contract it is fiagged as a
potential Sourcewell Contract customer. Once the LEAD has
been QUALIFIED it is converted into a OPPORTUNITY within
our CRM (and retains the Sourcewell flag attribute). At any
subsequent time an OPPORTUNITY can be flagged as a
Sourcewell project after we educate the customer about the
available options. Once an OPPORTUNITY gets to the
proposal / quoting stage it is entered into our Enterprise
Resource Planning Accounting Software (ERP). In order to
access the Sourcewell pricing table within the ERP the
quotation must indicate ii is a Sourcewell project. This
pricing table is the same one that is submitted to
Sourcewell. If for any reason pricing is changed then a new
price list would need to be submitted to Sourcewell following
the SOURCEWELL VENDOR PRICE AND PRODUCT
CHANGE REQUEST FORM procedures. Once a quotation is
accepted and a SALES ORDER is received. The quote is
converted to a Sales Order in the ERP system. At the time
it is converted to a sales order the ERP system
PROGRAMMATICALL Y creates a payment liability to
Sourcewell equal to 2% of the overall Total Cost. Rain Drop
follows the Accrual method of bookkeeping for both financial
statement and tax purposes therefore the ERP system would
programmatically accrue a Balance sheet EXPENSE equal to
the 2% administrative fee at the time of sale order
conversion and would also create a corresponding Balance
sheet liability of 2% payable to Sourcewell. Once the
customer has been invoiced for the order and pays in total
for the Order, the payment to Sourcewell would become DUE
and payable as well as reportable on our Quarterly
Sourcewell Reporting requirement. Once a check is cut to
Sourcewell for all of the currently DUE payments our
accounting system debits the amount of the check from our
CASH account and also credits the same amount out of our
balance sheet liability account. The ONLY way to allow our
system to pull the Sourcewell pricing list is to flag ii for
Sourcewell pricing. Rain Drop Products strictly adheres to
GAAP (Generally Accepted Accounting Principals) and as
such it would be an unacceptable accounting irregularity to
modify these accrual accounts AFTER an order has been
placed. At any time, we have the ability to run reports that
show the number / $ value of Sourcewell projects in our
CRM designated as Leads or Opportunities. In addition, at
any time we have the ability to run reports within our ERP
system which shows the name and value of any quotation
that has been fiagged for Sourcwell pricing. Finally, at any
time we have the ability to run repots within our ERP system
which shows the name and value of any converted Sales
Orders that have been flagged for Sourcwell pricing and
indicate if they are currently due and payable. As a
redundant check to prevent accidental omission, each of the
Regional Sales Directors is sent a monthly report which
indicates the current status of Sourcewell quoted Opportunities
and converted Sales Orders. Since the Regional Sales
Directors have a financial incentive to use the Sourcewell
contract they act as a secondary audit to ensure that no
order is accidently omitted.
63 Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
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; ii is not a line-item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
The proposed administrative fee calculated as a percentage
of the total sales to Participating Entities for all contracted
equipment, products, or services made during a calendar
quarter, is two percent (2%).
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 1 8 0 7 5 -4 9 D 1 -4 E 77 -9 1 6 6 -6 4 7 E B 8 B 72 0 1 9
Line
Item Question Response*
64 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
A lesson learned in our first Sourcewell contract was that members who are
interested in using the contract to purchase the aquatic play equipment demand that
a COMPLETE package be offered. They have educated us that it makes little
sense to purchase the aquatic play equipment directly using the Sourcewell contract
only having to publicly bid all of the remaining products and services necessary for
the project. Rain Drop is offering a COMPLETE package for all of the equipment /
services related to the design, engineering, installation, training, service and
maintenance of a children's aquatic play project regardless of size. A Sourcewell
member could potentially issue a single PO and receive all things required in an
aquatic play project. Our proposed offering goes beyond the core aquatic play
toys/structures/slides and equipment and provides a solution for the many other things
that are necessary and typically commonly found in an aquatic play project.
Examples of the diverse PRODUCTS we are offering can be found in both the
SHADE and SURFACING products that are included. Examples of the diverse
SERVICES we are offering can be found in the Engineering Stamp Services and
Installation services we are offering. A complete breakdown of the many various
subcategories and descriptions can be found in Table 14A- Line item 65
65 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
Product MAIN Categories - Inclusive Play- Children's Aquatic Recreation -
Sprayground - Splash pads - Zero Depth Entry pools - Waterparks - Spray pad -
Installation Services - Training - Maintenance
Product Sub-Categories
Surface Spray Features - Water play features embedded in the concrete which spray
water in many different configurations directly out of the surface. With and without
LED LIGHTS
Above Ground Features - Water play features affixed to the surface that spray water
in many different configuration's, shapes, sizes, & heights.
Custom Features / Creature Features - Water play features affixed to the surface
that spray water in many different configuration's, shapes, sizes, & heights. These
features are organic and thematic and can be customized for each customer to meet
their specific needs.
Slides - Water play features which allow the user to slide down in many different
configurations, shapes, sizes and heights including Children theme slides, Children
double racer slides, Childrens single open speed slide, Childrens tube slide
polyethylene , Childrens open flume slide polyethylene , Childrens tube slide slide
fiberglass, Childrens open flume slide fiberglass, Teen to adult open flume slides 36"
fiberglass , Teen to adult tube Slides 32" fiberglass, Tower slides with multiple tube
and open slide configurations
Play Structures - Complete line of multilevel structures with slides, dumping buckets
and various other interactives including both Stainless Steel & Fiberglass Structures,
Pocket Pools Structures, Pool Structures, Splash Pad Structures
Water Management - Complete line of Manifolds, Pumps, Sand Filters, etc. including
Automation controls and devices - PLC and OMX based controllers, OMX show
controllers , Custom Show Programming, Automation Controller, Water Chemistry
Controls, Sound Controls
Sensors for interactivity including Capacitive, Inductive. Proximity, Through beam,
Infrared, Load Cells, Pressure, Temperature, Flow, Vision , Touch buttons, Interactive
buttons with lights and vibration
VFD (Variable frequency drives)
Filtration including Sand Filters, Cartridge Filters, Screen Filters
Manifolds / PVC water distribution manifolds and Stainless Steel water distribution
manifolds
Underground water distribution / Tanks / Fiberglass reservoir tanks-potable water /
Precast concrete tanks-potable water / Chemical storage tanks
Decorative Fountains - including LED lights, OMX controlled sounds and music,
Automated fountain nozzles, Fountain Nozzles, Fountain Controls, Fountain Filtration,
OMX controls pumps
Service - Onsite Installation Supervision, Onsite Training, Onsite Troubleshooting &
Repair - Turnkey Installation Service
Engineering Services - Pre-Sale Project Design, Stamped Project Drawings, Custom
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77-9166-647EB8B72 019
Product development
Autom ation controls and devices - PLC and OM X based contro llers, sensors, VFD
(Variable frequency drives)
SHADE with the most trusted brand USA SHADE
Square Shade and Rectangle structures are the most com m on wor khorse
shade structure.
Multi-Sided structures provide the fun circus tent and carn ival um bre lla feel
while providing large shade area affordabley
Sail shade structures offered is 3 point, 4 point, and 5 point provide a
modern innovative look while pro viding excellent shade
Cantilever are great fo r use where posts are not welcom e in the play space
Single Post designs have a wide variety shade structures that are sim ple to
com plex in shape and post placem ent
Specialty shades structures that re sem ble flowers and butterflies
Custom shades are design and bult to your taste and need
Surfacing with the most awarded and safest surfacing option on the market
Life Floor foam -rubber flooring tile safety surfacing over hard rough concrete
Decorative them e tiles with many color choices Surfacing tile shapes com e in
square, triangle, hexagon, inlay, and custom shapes
Surfacing tiles com e in 3/16", 3/8", and 7/8" thicknesses, and can be layered fo r
additional fall attenuation
Surfacing tiles fo r play structures platforms to add safety and a splash of color
Extrem ely custom ized and them e slide landing pads
Slip resistant and hygienically fo rmulated
Does not interfere with mechanical system s or clog drains, filtration system s, or spra y
nozz les
The only play surfacing specifically designed fo r wet play applications
Award winning surfacing that meet or exceed industry standards, and in som e cases
the only one that does
Ultra Tuff Coat Concrete coatings
Nonslip coatings to provide a budgetary option for a splash of color and them e
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.
Line Item Category or Type Offered• Comments
66 Playground equipment, site furnishings, site r. Yes Site Furnishings & Site Amenities
amenities, and accessories. r No and accessories via Distribution of .
USA SHADE and LIFEFLOOR
surfacing
67 Water play and aquatic recreational structures and r. Yes Complete product line of ALL
equipment. r No products involved in the children's .
aquatic play industry.
68 Playground surfacing and fall protection, and water r. Yes Surfacing and Fall protection and
play and aquatic recreational surfacing. r No water play and aquatic recreation * surfacing provided via distribution of
LIFEFLOOR surfacing products.
69 Services related to the solutions above. r. Yes Installation, Training, Maintenance and
r No repair services for all product * categories offered in our complete
turnkey installation proposal.
Table 15: Industry Specific Questions
I Line I Question Item !Response•
11
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 18 0 7 5 -4 9 D 1 -4 E 77 -9 1 6 6 -6 4 7 E B 8 B 72 0 1 9
7 0 If y o u a re a w a rd e d a c o n tra c t, p ro v id e a
fe w e x a m p le s o f in te rn a l m e tric s th a t w ill
b e tra c k e d to m e a s u re w h e th e r y o u a re
h a v in g s u c c e s s w ith th e c o n tra c t.
A s w e d id w ith o u r firs t S o u rc e w e ll co n tra c t, w e p la n to m a ke a pu b lic re co rd s
re q u e s t fo r sa le s in fo rm a tio n fr o m a ll o f th e v e n d o rs w h o so ld ch ild re n 's a q u a tic p la y
p ro d u c ts u n d e r th e C o n tra c t n u m b e r #0 3 0 1 1 7 In d o o r & Outdoor Recreation &
Playground Equipment. In addition, we will make a similar public records request for
all other nationwide competitively bid cooperative purchasing organizations like US
Communities / Omnia Partners, HGAC, etc. Using this information, we can gauge
our past performance against other vendors in our product category and use it to set
future sales goals. A required field in our CRM system for every sales opportunity
is "Purchase Method". The options for this field are Public Bid-Sole Source, Public
Bid-Basis of Design, Public Bid-"Or Equal", Direct purchase, Direct purchase-
Sourcewell. We can view the quantity of these various purchase methods in a series
of dashboards within the CRM. We will be able to measure our current / past
performance over any period of time. Due to the higher costs and labor demands
associated with public bids we encourage and incentivize our sales force to get
Direct purchase and/or Direct Purchase-Sourcewell.
71 Describe how your offering addresses the
needs of user's safety, well-being, and
range or level of accessibility?
Rain Drop believes that the principals of Universal Design, ADA compliance &
Accessibility are the MINIMUM standards for which every project should meet. ADA
compliance is the law and compliance is mandatory. Guided by a company mantra
of "Maximizing the sensory and cognitive experience for children of ALL abilities" we
strive to go far beyond Accessibility to create fully INCLUSIVE and INTERACTIVE
projects. In our product design process we constantly integrate elements that
stimulate ALL of the senses - Visual, Tactile, Audible, Proprioceptive, & Vestibular.
A short three minute video emphasizing our commitment to Inclusion can be found
here.
https://youtu.be/Fq3LPloyaY4
Rain Drop has become a "thought leader" on the subject of Inclusive Aquatic Play
and has been asked to present at numerous educational forums across the country
on this subject. A quick Google search of the "Inclusive Aquatic Play" yields many
top results that refer to presentations, videos, articles that reference Rain Drop's
mission to make children's aquatic play more inclusive. Additionally many industry
articles have been written about the idea of inclusive aquatic play and have featured
Rain Drop as leader in this arena.
The American Society for Testing and Materials (ASTM) creates standards which are
used all over the world to improve product quality, enhance health and safety, and to
let customers know they can count on products. One such standard relates to the
aquatic surfacing company we plan to distribute under this contract. NSF/ANSI 50
Certification
Life Floor is the ONLY surfacing product certified to NSF/ANSI-SO in relation
to "interactive water venues". This standard outlines the performance characteristics of
a safety surface around "interactive water venues" such as splash pads and other
children's aquatic play venues. Surfacing products are tested for: slip resistance,
impact cushioning, chemical resistance, UV resistance, cleanability, and impermeability.
37 states currently reference NSF/ANSI 50 and an additional 4 states have counties
that reference. NSF/ANSI-SO. The Model Aquatic Health Code as set out by the CDC
has adopted NSF/ANSI 50 standards; ISPSC also references NSF/ANSI-SO. The
mere presence of a safety surfacing standard provides additional protection for
customers as it is always in a facility's best interest to adhere to NSF standards in
terms of both operational excellence and risk mitigation. Meeting NSF standards for
sanitation, health and safety provide facilities additional protection from potential
lawsuits. The NSF/ANSI 50 standard reduces the chance of injuries. However, should
an injury occur, operators are able to confirm they were operating under the best and
safest practices in the industry. On a product level, using NSF/ANSI 50 certified
products takes the guesswork out of finding safe, high-performing products and
services for aquatic operators. Independent testing ensures that a product with NSF
certification can be trusted to serve public health.
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
D o c u S ig n E n v e lo p e ID : 0 B 6 1 8 0 7 5 -4 9 O 1 -4 E 7 7 -9 1 6 6 -6 4 7 E B 8 B 72 0 1 9
7 2 D e s c rib e h o w y o u r o ff e rin g a d d re s s e s th e
u s e r's d e s ire to c u s to m iz e th e o ff e rin g
(e .g . th e m e s , e tc .).
O n e o f R a in D ro p 's c o re s tre n g th s a n d k e y d is tin g u is h in g fa c to rs in th is in d u s try is
o u r a b ility to p ro v id e o u r c u s to m e rs w ith th e m o s t th e m a tic , o rg a n ic , c u s to m o ff e rin g s
in th e in d u s try to d a y . A c u rs o ry re v ie w o f th e w e b s ite s o f th e m a jo r p la y e rs in th e
c h ild re n 's a q u a tic p la y in d u s try w ill re v e a l th e s ig n ifi c a n t d is tin c tio n in th e a m o u n t o f
c u s to m th e m a tic p ro d u c ts w h e n c o m p a re d to o u r c o m p e titio n . A ke y se llin g
te c h n iq u e fo r o u r s a le s te a m is to try a n d fin d a u n iq u e a s p e c t o f th e p a rt ic u la r
p ro d u c t lo c a tio n a n d th e n c re a te a c u s to m fe a tu re sp e c ifi c fo r th e a re a . T h e s e
c u s to m fe a tu re s a re o ft e n m a s c o ts , b ra n d s , id e n titie s o f th e city / to w n / m u n ici p a lity
w h e re th e p ro je c t is lo c a te d . N o t o n ly d o e s th is g iv e th e c u s to m e r a u n iq u e n e s s to
th e p roje c t b u t a ls o p re v e n ts o u r c o m p e tito rs fr o m b e in g a b le to "s te a l" th e jo b . R a in
D ro p o w n s a n d o p e ra te s s ta te -o f-th e -a rt C N C m a c h in in g c e n te rs to tra n s fo rm 3 0
d ig ita l in fo rm a tio n in to th e m o s t c re a tiv e s c u lp tu re s , to o lin g , c u s to m p ie c e s , a n d
fi n is h e d p ro d u c ts . B y e m p lo y in g th e la te s t te c h n o lo g ie s , a p ro je c t o r id e a th a t m ig h t
o n c e h a v e ta k e n m o n th s to e x e c u te , c a n n o w b e c o m p le te d in d a y s o r w e e k s . T h e
tim e s a v in g s g iv e s u s a n in c re d ib le a d v a n ta g e in th e m a rk e tp la c e . T h e c o n c e p t
re n d e rin g s p re s e n te d to th e c u s to m e r a re th e s a m e d ig ita l fil e u s e d to c u t th e ir
u n iq u e a n d e x c itin g p ro d u c t. S p e e d , a c c u ra c y , a n d re p e a ta b ility a re o f th e u tm o s t
im p o rt a n c e in m o ld a n d p a tt e rn m a k in g , a n d w e ca n a ff o rd a b ly b rin g d re a m s to
re a li ty fo r th e im a g in a tio n o f m ill io n s . O u r 5 a x is C N C ro u te r co m b in e d w ith o u r
p rim a ry m a n u fa c tu rin g m e d iu m F ib e rg la s s p ro v id e s u s th e a b ility to q u ic k ly a n d co s t
e ff e ct iv e ly c re a te n e w c u s to m fe a tu re s re g a rd le s s o f th e p a rt ic u la r th e m e . R a in D ro p
c a n e v e n c re a te p ro d u c ts th a t m e e t th e h ig h d e m a n d s o f in te lle c tu a l p ro p e rt y
o w n e rs . F o r in s ta n c e , w e re c e n tly c o m p le te d a p ro je c t fo r th e C a rto o n N e tw o rk ho te l
fe a tu rin g a "P o w e r P u ff G irls " s p la s h p a rk . A n o th e r e x a m p le c a n b e fo u n d in
th e "B o b th e B u ild e r" s p la s h p a d w e c re a te d fo r S p la s h D o w n B e a c h w a te rp a rk .
7 3 Id e n ti fy a n y c e rt ifi c a tio n (s ) th a t y o u r
b u s in e s s o r th e p ro d u c ts in cl u d e d in y o u r
p ro p o s a l h a v e a tta in e d o r re c e iv e d .
R a in D ro p P ro d u c ts o ff e rin g lis te d in th is p ro p o s a l a re c e rt ifi e d w h e re a p p lic a b le w ith
th e o rg a n iz a tio n lis te d in th is s e c ti o n . T h e in d iv id u a l p ro d u c t d o c u m e n ta tio n p ro v id e
c e rt ifi c a tio n in fo rm a tio n o r u p o n re q u e s t. T h e p ro d u c ts lis te d in th is p ro p o s a l ha v e
c e rt ifi c a tio n s o r d e c la ra tio n s th a t c o n fo rm w ith b u t n o t lim ite d to th e fo llo w in g
s ta n d a rd s o rg a n iz a tio n a n d la b o ra to rie s :
A S T M F 2 4 S ta n d a rd s : T h is is w o rld 's la rg e s t in te rn a tio n a l s ta n d a rd s d e v e lo p in g
o rg a n iz a tio n s . T h is c o m m itt e e c u rre n tl y h a s ju ris d ic tio n o f 2 4 sta n d a rd s , p u b lis h e d in
th e A n n u a l B o o k o f A S T M S ta n d a rd s , V o lu m e 15 .0 7 . T h e s e s ta n d a rd s p la y a
p re e m in e n t ro le in a ll a s p e c ts im p o rt a n t to a m u s e m e n t rid e s a n d d e v ic e s .
A S T M F 1 5 S T A N D A R D S : T h is c o m m itt e e h a s ju ris d ic tio n o v e r 10 0 s ta n d a rd s fo r
c o n s u m e r p ro d u c ts . T h is A S T M c o m m itt e e h a s ju ris d ic tio n o f c o m m e rci a l p la y g ro u n d
e q u ip m e n t a n d p o o l s a fe ty .
N S F /A N S I S ta n d a rd 5 0 : T h is is th e A m e ric a n N a tio n a l S ta n d a rd fo r sw im m in g p o o l
e q u ip m e n t, s p a s , h o t tu b s a n d o th e r re c re a tio n a l fa ci litie s in c lu d in g filt e rs a n d fil te r
m e d ia , p u m p s , v a lv e s , w a te r c irc u la tio n d e v ic e s , h o s e , p ip in g , fitt in g s , p o o l a la rm s ,
p o o l c o v e rs , c h e m ic a l g e n e ra tio n a n d fe e d in g sy s te m s , a n d a d v a n c e d w a te r tre a tm e n t
a n d o x id a tio n te c h n o lo g ie s , s u c h a s o z o n e a n d u ltra v io le t (U V ) s y s te m s . M o s t sta te
a n d lo c a l p o o l c o d e s fo r c o m m e rc ia l, w a te rp a rk s , s p la s h p a d s , m u n ic ip a l. h o te l, m o te l,
a p a rt m e n t, a n d c o n d o m in iu m re q u ire c o m p lia n c e w ith N S F /A N S I S ta n d a rd s . T h is is a n
e s s e n ti a l h e a lth s ta n d a rd to p re v e n t a d v e rs e e ffe c ts to h u m a n h e a lth .
N S F /A N S I S ta n d a rd 6 1 : T h is s ta n d a rd o f d rin k in g w a te r s y s te m c o m p o n e n ts is to
e s ta b lis h m in im u m re q u ire m e n ts fo r th e c o n tro l o f p o te n tia l a d v e rs e h u m a n h e a lt h
e ff e c ts fr o m p ro d u c ts th a t c o n ta c t d rin k in g w a te r. N S F /A N S I S ta n d a rd 6 1 in cl u d e s
c rite ria fo r te s tin g a n d e v a lu a tin g p ro d u c ts to e n s u re th e y d o n o t le a c h c o n ta m in a n ts
in to th e w a te r th a t w o u ld b e a h e a lt h c o n c e rn . T h e s e co n ta m in a n ts in cl u d e th o s e
re g u la te d b y th e U n ite d S ta te s E n v iro n m e n ta l P ro te c tio n A g e n c y (U S E P A ) a n d H e a lt h
C a n a d a , a s w e ll a s a n y o th e r n o n -re g u la te d c o m p o u n d s th a t m a y b e o f c o n c e rn .
L E A D F R E E C O M P LI A N C E C E R T IF IC A T IO N : C a lifo rn ia 's L o w -L e a d p lu m b in g la w
(C a lifo rn ia H e a lth & S a fe ty C o d e S e c tio n 11 6 8 7 5 ; c o m m o n ly re fe rre d to a s A ~ 19 5 3 )
a n d V e rm o n t L e a d in C o n s u m e r P ro d u c ts la w (A c t 19 3 ); e ff e c tiv e Ja n u a ry 1, 2 0 10 ,
p ro h ib its th e s a le o f a n y p lu m b in g p ro d u c ts in te n d e d to c o n v e y w a te r fo r h u m a n
c o n s u m p tio n th ro u g h d rin k in g o r c o o k in g th a t c o n ta in le a d in e x c e s s o f a 0 .2 5 %
w e ig h te d a v e ra g e . N S F In te rn a tio n a l h a s d e v e lo p e d a re c o g n iz e d e v a lu a ti o n p ro to c o l,
N S F -6 1 A n n e x G , w h ic h s e rv e s a s in d e p e n d e n t 3 rd p a rt y c e rt ifi c a tio n o f p ro d u c t
c o m p lia n c e to C a lifo rn ia a n d V e rm o n t lo w -le a d p lu m b in g la w s .
U n d e rw rite rs L a b o ra to rie s In c . (U L ) - U L h e lp s co m p a n ie s d e m o n s tra te s a fe ty , c o n fi rm
c o m p lia n c e . e n h a n c e s u s ta in a b ility , a n d d e liv e r q u a lity a n d p e rf o rm a n c e . T h is
c e rt ifi c a tio n e s ta b lis h e s tru s t w ith th e u s e r th a t th e d e s ig n , m a n u fa c tu re , a n d us e o f
th e p ro d u c t c o n fo rm s w ith b e s t in d u s try sta n d a rd s in th e U n ite d S ta te s o f A m e ric a .
U n d e rw rite rs L a b o ra to rie s In c . (c U L ) - U L a p p ro v a l fo r C a n a d a - U n d e rw rite rs
L a b o ra to rie s o f C a n a d a is a n in d e p e n d e n t p ro d u c t sa fe ty te s tin g , ce rt ifi c a tio n a n d
in s p e c tio n o rg a n iz a tio n . U L h e lp s c o m p a n ie s d e m o n s tra te sa fe ty , c o n fi rm c o m p lia n c e ,
e n h a n c e s u s ta in a b ility , a n d d e liv e r q u a lity a n d p e rf o rm a n c e . T h is c e rt ifi c a tio n
e s ta b lis h e s tru s t w ith th e u s e r th a t th e d e s ig n , m a n u fa c tu re , a n d u s e o f th e p ro d u c t
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID : 0B618075-49D1-4E77 -9166-647EB8B72019
confo rm s w ith best industry standards in Canada.
Canadian Standards Association. (C SA) Com bined logo - CSA approval fo r Canada
and the USA CSA Gro up delivers confidence and peace of m ind to m anufacturers,
retailers, code authorities and consum ers around the world. W ith the experience and
know ledge of thousands of volunteer m em bers, m ore than 1,600 in-house technical
experts and nearly a century of experience in standards developm ent and pro duct
certification, w e offer you the solutions you need to operate and live in today's world,
and the guidance to drive you tow ards success tom orrow .
lntertek ETL Listed - Approval for the USA - lntertek is one of the w orld's largest
Testing, Inspection and Certification com panies. The fo llow ing is a list of Standards
lntertek test to fo r the North Am erican; ASM E, ASTM , ANSI, CSA, NFPA, NO M , NSF,
UL / ULC
lntertek ETL Listed - Approval for Canada - lntertek is a Certification Body by the
Standards Council of Canada.
ISO 9001: The ISO 9001 standard is the m ost recognized intern ational quality system
standard. This quality system controls the total pro cess of incom ing m aterials, pro cess
contro l, testing and final inspection
Am erican W ater W orks Association Standards
C901 Polyethylene (PE) Pressure Pipe, Tubing and Fittings, 12-lnch Thro ugh 3-lnch,
fo r W ater.
Plastics Pipe Institute Report
PPI-TR 9 Recom m ended Design Factors and Design Coeffi cients fo r Therm oplastic
Pressure Pipe NSF Standards.
NSF/ANSI
Standard No. 61 fo r Drinking W ater System s Com ponents--Health Effects
Standard 50 fo r sw im m ing pool equipm ent, spas, hot tubs and other recreational
fa cilities incl uding filters and filter m edia, pum ps, valves, water circulation devices,
hose, piping, fittings, pool alarm s, pool covers, chem ical generation and feeding
system s, and advanced water treatm ent and oxidation technologies.
Uni-Bell PVC Pipe Association
Uni-Bell Handbook of PVC Pipe , Chapter VIII, Table 8.7.
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 74. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The
contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term, Condition, or Specification Exception or Proposed Modification ,_
None None None
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77-9166-647EB8B72019
Proposer's Affidavit
PROPOSER AFF IDAVIT AND ASSURANCE OF COMPLIANCE
I ce rt ify th a t I am th e a u th o rize d re p rese nta tive o f th e P ro p o se r su b m itt in g the foregoing Proposal with the legal authority to bind the
P ro p o se r to th is A ff id a vit a n d A ssu ra n ce of C o m p lia n ce :
1. T h e P ro p o se r is su b m itt in g th is P ro p o sa l un d e r its full an d co m p le te le g a l na m e , a n d th e P ro p o se r le g a lly exists in go o d sta n d in g in
th e ju risd ictio n of its re sid e n ce .
2 . T h e P ro p o se r w a rra n ts th a t th e in fo rm a tio n pro vid e d in th is P ro p o sa l is true , co rre ct, an d re lia b le fo r p u rp o se s of eva lu a tio n fo r
co ntra ct aw a rd .
3. T h e P ro p o se r, in cl u d in g a n y pe rso n a ssistin g w ith th e cre a tio n of th is P ro p o sa l, ha s arrive d at this P ro p o sa l in d e p e n d e n tl y a n d th e
P ro p o sa l ha s be e n crea te d w itho u t co llu d in g w ith an y o th e r pe rso n , co m p a n y , o r pa rt ie s th a t ha ve or will submit a proposal under
th is so licita tio n ; a n d the P ro p o sa l ha s in all re sp e cts be e n cre a te d fa irl y w ith o u t a n y fr a u d o r dish o n e sty. T h e P ro p o se r ha s no t
dire ctly o r in d ire ctly e n te re d in to an y ag re e m e n t o r arra n g e m e n t w ith a n y pe rso n o r b u sin e ss in an effo rt to in fl u e n ce an y pa rt of th is
so licita tio n o r op e ra tio n s of a re su ltin g co n tra ct; a n d the P ro p o se r ha s no t ta ke n a n y actio n in re stra in t o f fr e e tra d e o r
co m p e titive n e ss in co n n e ctio n w ith th is so licita tio n . A d d itio n a lly, if P ro p o se r ha s w o rke d w ith a co n su lta n t o n th e P ro p o sa l, th e
co n su lta n t (a n in d ivid u a l o r a co m p a n y) ha s no t assiste d a n y o th e r e n tity th a t ha s su b m itt e d or w ill su b m it a pro p o sa l fo r th is
so licita tio n .
4 . To th e be st o f its kn o w le d g e an d be lie f, a n d exce p t as o th e rw ise d isclo se d in th e P ro p o sa l, th e re are no re le va n t fa cts o r
circu m sta n ce s w h ich co u ld g ive rise to a n o rg a n iza tio n a l co n fli ct o f in te re st. A n o rga n iza tio n a l co n fl ict of in te re st exists w h e n a
ve n d o r ha s an un fa ir co m p e titive ad va n ta g e or th e ve n d o r's o bje ctivity in pe rf o rm in g th e co ntra ct is, o r m ig h t be , im p a ire d .
5. T h e co nte nts of the P ro p o sa l ha ve no t be e n co m m u n ica te d by th e P ro p o se r or its em p lo ye e s o r ag e n ts to a n y pe rso n no t an
e m p lo ye e o r le g a lly a u th o rize d ag e nt of th e P ro p o se r an d w ill no t be co m m u n ica te d to an y su ch pe rso n s p rio r to D u e D a te of th is
so licita tio n .
6 . If aw a rde d a co n tract, th e P ro p o se r w ill pro vid e to S o u rce w e ll P a rticip a tin g E n titie s th e e q u ip m e n t, pro d u cts, a n d se rvice s in
acco rd a n ce w ith th e te rm s, co n d itio n s, a n d sco p e of a re su ltin g co n tra ct.
7. T h e P ro p o se r po sse sse s, o r w ill po sse ss be fo re de live rin g a n y eq u ip m e n t, pro d u cts, o r se rv ice s, all a p p lica b le lice n se s o r
ce rt ifi ca tio ns ne ce ssa ry to de live r su ch eq u ip m e n t, pro d u cts, o r se rv ice s un d e r a n y re su ltin g co n tra ct.
8 . T h e P ro p o se r a g re e s to de live r eq u ip m e n t, pro d u cts, a n d se rvice s th ro u g h va lid co n tra cts, pu rcha se o rd e rs, o r m e a n s th a t are
a cce p ta b le to S o u rce w e ll M e m b e rs. U n le ss o th e rw ise ag re e d to , th e P ro p o se r m u st pro vid e o n ly ne w a n d first-q u a lity p ro d u cts a n d
re la te d se rvice s to S o u rce w e ll M e m b e rs un d e r a n aw a rd e d C o n tra ct.
9 . T h e P ro p o se r w ill co m p ly w ith all a p p lica b le pro visio n s of fed e ra l, sta te , an d lo ca l la w s, re g u la tio n s, ru le s, an d o rd e rs.
10 . T h e P ro p o se r un d e rsta n d s th a t S o u rce w e ll w ill reje ct R F P pro p o sa ls th a t are m a rke d "co nfi d e n tia l" (o r "n o n p u b lic," etc.), eith e r
su b sta n tia lly o r in th e ir en tire ty. U n d e r M in n e so ta S ta tute s S e ctio n 13 .5 9 1, su b d ivisio n 4 , all pro p o sa ls a re co n sid e red no n p u b lic
da ta un til th e eva lu a tio n is co m p le te an d a C o n tra ct is aw a rd e d . A t th a t po in t, pro p o sa ls be co m e pu b lic da ta . M in n e so ta S ta tu tes
S e ctio n 13 .3 7 pe rm its o n ly ce rt a in na rro w ly de fin e d da ta to be co n sid e red a "tra d e se cre t," a n d th u s no n p u b lic da ta un d e r
M in n e so ta 's D a ta P ra ctice s A ct.
11. P ro p o se r its em p lo ye e s, ag e nts, a n d su b co ntra cto rs a re no t:
a. In clu d e d o n th e "S p e cia lly D e sig n a te d N a tio n a ls an d B lo cke d P e rso n s" list m a in ta in e d by th e O ffi ce o f F o re ig n A sse ts C o n tro l
of th e U n ite d S ta te s D e p a rtm e nt of th e T re a su ry fo u n d at: htt p s://w w w .trea su ry .g o v/o fa c/d o w n lo a d s/sd n list.p d f;
b. In clu d e d o n th e go ve rn m e n t-w id e exclu sio n s lists in th e U n ite d S ta te s S yste m fo r A w a rd M a n a g e m e n t fo u n d at:
http s://sa m .g o v/S A M /; o r
c. P re se n tly d e b a rre d , su sp e n d e d , pro p o se d fo r de b a rm e n t, de cl a re d in e lig ib le , o r vo lu n ta rily excl u d e d fr o m pro g ra m s o p e rate d
Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: 0B618075-49D1-4E77 -9166-647EB8B72019
by the Sta te of M inne sota; the U nited States federal govern m ent or the C anadian govern m ent, as applicable; or any
Pa rt icip ating En tity. V e ndo r cert ifie s and w arra nts that neither it nor its principals have been convicted of a crim inal offense
re lated to the su bject m atter of this so licitatio n.
P By che ckin g this bo x I ackno w led g e tha t I am bo und by the term s of the Pro poser's A ffidavit, have the legal authority to subm it this
P ro po sa l on be ha lf of the Propo ser, and that this electronic acknow ledgm ent has the sam e legal effect, validity, and enfo rceability as if I
ha d ha nd sig n e d the Pro po sal. This sig nature w ill not be denied such legal effect, validity, or enfo rceability solely because an electro nic
sig n ature or ele ctro nic reco rd w as used in its fo rm atio n. - M ark W illiam s, President/ C E O , Rain Dro p Products
T h e P ro po se r de cl a re s tha t there is an actua l or po tentia l Confli ct of Interest relating to the preparation of its subm ission, and/or the
P ro po se r forese e s an actu a l or potentia l C o nflict of Interest in perf orm ing the contractual obligations contem plated in the bid.
r: Y e s r. N o
T h e Bid d e r ackn o w le d g e s and agrees that the add e nd um /addenda below fo rm part of the Bid Docum ent.
C h e ck the bo x in the colu m n "I h a v e review e d th is add e nd um " below to acknow ledge each of the addenda.
F ile N a m e
I have review ed the
below addendum and
attachm ents (if
applicable)
Pages
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Bid Number: RFP 010521 Vendor Name: Raindrop Products LLC
DocuSign Envelope ID: A 12C4CC2-9D48-4973-ABC7-91928D1085D7
AMENDMENT #1
TO
CONTRA CT #010521-RDP
THIS AMENDMENT is by and between Sourcewell and Rain Drop Products LLC (Vendor).
Sourcewell awarded a contract to Vendor to provide Playground and Water Play Equipment
with Related Accessories and Services to Sourcewell and its Participating Entities, effective
February 18, 2021, through February 17, 2025 (Original Agreement).
The parties wish to amend the following terms within the Contract.
1. This Amendment is effective upon the date of the last signature below.
2. Section 18. Insurance, Subsection A. Requirements, Item 5. Professional/Technical
Errors and Omissions of the Original Agreement is deleted in its entirety.
3. Section 18. Insurance, Subsection A. Requirements, Item 4 Umbrella Insurance of the
Original Agreement is modified to reduce the minimum limits required to $1,000,000
per occurrence and annual aggregate.
Except as amended by this Amendment, the Original Agreement remains in full force and
effect.
Sourcewell
President/ CEO
Title: Director of Operations & Procurement/CPO Title: _
D
5/24/2021 I 2:57 PM CDT ate: _
Rain Drop Products LLC
~.;:;·0~
Mark Vv 1111 ~~~91s4aa449430 .
5/24/2021 I 12:25 PM PDT Date: _
Sourcewell-APPROVED: _ If OocuSigned by:
~Chad C 0::!F0A~ U O U 'C lLC
Title: Executive Director/CEO
D
5/24/2021 I 3:00 PM CDT ate: _
Sourcewell Contract 11010521-RDP I Amendment Ill
Page 1 of 1
PROPOSAL EXHIBIT "B"
Reference:
Project Name:
Salesperson:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
Date: 3/25/2022
To:
Purchaser:
Billing Address:
Amanda Ashbach
VILLAGE OF KEY BISCAYNE
Village of Key Biscayne
88 W McIntyre St.
Key Biscayne, FL 33149
First Shipment Address:
VILLAGE OF KEY BISCAYNE
Village of Key Biscayne
88 W McIntyre St.
Key Biscayne, FL 33149
Quantity Item#
Click on item # to view cut sheet
ABOVE GROUND SPRAYS
2.00 /KSKN-002-LF-OM-SS
1.00 SPSK-003-M F-OM-SS
1.00 DLPT-001
1.00 /LKBN-012-LF-OM
1.00 /CFTR-021-LF-OM
SURFACE SPRAYS
1.00 TNLP-001-OM
2.00 MPKJ-002-LF-OM
1.00 CFMT-001-LF-OM
1.00 WT JT-001-LF-OM
MOUNTING SYSTEM
10.00 POD-A001
CONTROL SYSTEM
1.00 BOL-005-SS
7.00 SOL-MFD-ISOS-UNN-1
3.00 BLV-MFD-UNN-1
1.00 /MFD-110203040
1.00 RNMK-024
1.00 /PERFBOND-1812912
1.00 /CSER
Item Description GPM !Eal
(If Applicable)
Unit Price Extended Amt
PRISM FISH KANNON, SS. LOW FLOW,
OMNI
SUPER SOAKER-MF-OM-SS
FEATURE ORNAMENT-DOLPHIN
LEAKIN BEACON 2 BUCKETS, LF, OMNI
CREATURE FEATURE, LOW FLOW, SEA
TURTLE, OMNI
TINY TOOLIP SPRAY-OM
MINI POPKORN JET-LF-OM
MOLLY MANATEE
WATER TIARA-LF-OM
OMNIPOD TEMPLATE
4.50 $6,132.50
1.60 $8,794.50
$5,857.50
15.20 $20,597.50
4.30 $5,769.50
10.60 $632.50
2.00 $632.50
6.30 $4,515.50
1.30 $632.50
$0.00
$3,360.50
$220.00
$148.50
$1,974.50
$8,250.00
$5,975.00
$123,500.00
BOLLARD ACTIVATOR-TOUCH-SS
1"" SOLENOID VALVE ASSEMBLY, TRUE
UNION BALL VALVE-DC FOR iSPLASH
1"" BALL VALVE ASSEMBLY-TRUE UNION
FOR MANIFOLD
MANIFOLD 6", 10-1", 0-2", 0-3", 0-4"
OUTLETS
RAIN MAKER-24 OUTLET
SURETY PERFROMAN BOND
Construction Site Services
CONSTRUCTION SITE SERVICES
WORK INCLUDED
DEMO OF EXISTING SPLASH PAD. (3) DUMPSTER WITHIN THIS PROPOSAL
PROVIDE A TEMPORARY CHAIN-LINK SAFETY FENCE WITH GREEN SCREENING
NEW SPLASH PAD TO BE 900 SQ. FT. IN SIZE. COMMERCIAL FRESHWATER SYSTEM.
WE WILL EXCAVATE FOR SPLASH PAD AND TRENCHED FOR PIPING
$12,265.00
$8,794.50
$5,857.50
$20,597.50
$5,769.50
$632.50
$1,265.00
$4,515.50
$632.50
$0.00
$3,360.50
$1,540.00
$445.50
$1,974.50
$8,250.00
$5,975.00
$123,500.00
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
1
PROPOSAL
Reference:
Project Name:
Salesperson:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
FORM AND RE-USE EXISTING STONE BASE
USE SCHEDULE 40 PVC FOR PRESSURE LINES AND NON PRESSURE LINES
FURNISH AND INSTALL PIPING FROM MANIFOLD TO GROUND SPRAY EMBEDS. WE WILL ALSO INSTALL ALL
FEATURE EMBEDS PROVIDED. MAX 30LF FROM CENTER OF PAD.
ALL FOOTERS FOR EMBEDS ARE WITHIN THIS PROPOSAL
PROVIDE AND INSTALL COPPER BONDING WIRE
WE WILL POUR 6" 3500psi w/ FIBER CONCRETE PAD
ONCE CONCRETE HAS BEEN PLACED AND BROOM FINISHED, WE WILL SET PERMANENT FEATURES
START UP AND TRAIN OWNER ON OPERATING THE PROGRAM CONTROLLER
WORK NOT INCLUDED
-ACCESS TO SITE
-ALL FOUNTAIN FEATURES AND EQUIPMENT PURCHASED FROM RAINDROP NOT LISTED
-ANY SPRAY PAD SURFACING, SUCH AS RUBBER OR PEBBLE FLEX OR TUFF CQAT OR
COATINGS
-FRESH WATER LINE
-ANY DECKS, SIDEWALKS, INSTALLATION OF DECK DRAINS, EXPANSION JOINTS, JOINT SEALANTS, ETC.
NOT PART OF THIS SCOPE AS LISTED
-SITE AMENITIES SUCH AS BOULDERS, PARK BENCHES, TRASH CANS, SHADE STRUCTURES
-ANY EXCAVATION BEYOND WHAT IS DESCRIBED IN WORK INCLUDED
-NOT RESPONSIBLE FOR ANY PERMITS, STAMPED DRAWINGS EITHER ARCHITECTURAL OR ENGINEERED
OTHER
-ALL ELECTRICAL WORK BY OTHER
-FINAL GRADING OF ANY KIND AND STAGING AREAS
-SURETY BOND IF REQUIRED
-FURNISH & INSTALL BACK FLOW PREVENTER AND/OR PRESSURE REGULATOR AT WATER SOURCE IF
REQUIRED
NOTES
-WE WILL REQUIRE A STAGING AREA FOR ALL MATERIALS AND EQUIPMENT AS WELL AS A DEDICATED
POWER/WATER SUPPLY ON THE JOB SITE
-CABINET, VAULT, ETC. BY OTHER
-ALL SOILS REMAIN ON SITE
-EXCLUDES ANY AND ALL LANDSCAPING, SOD, OR GRASS REPAIRS
-THIS QUOTE IS BASED ON VISUAL DATA AND LIMITED TO THE STANDARD BUILDING PRACTICES. IF WE
FIND UNSUITABLE SUBSTRATE OR OTHER UNUSUAL OBSTRUCTIONS OR UNDERGROUND
ELECTRICAL/WATER; THESE WILL BE ADDRESSED WITH BE ADDITIONAL WORK APPROVED AND AGREED
UPON REASONABLE FEE.
-WE WILL REQUEST AN ON-SITE MEETING WITH ALL NECESSARY PARTIES OR THEIR REPRESENTATIVES
PRIOR TO COMMENCEMENT OF WORK. AT THIS TIME THE AGREEMENT WILL BE REVIEWED AND SITE
ACCESS, STAGING OF MATERIALS, DISPOSAL OF DEBRIS AND LAYOUT OF PAD, TANK, ETC. WE WILL NOT
BE RESPONSIBLE FOR THE RUNOFF OR DISPOSAL OF MATERIAL WASTE. IF VANDALISM OCCURS
ADDITIONAL WORK ORDERS WILL BE NEGOTIATED.
SOURCEWELL APPROVED CONTRACT #010521-RDP
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
2
PROPOSAL
Reference:
Project Name:
Sales person:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
Tot al Flow (Non Choreogra phed) - 52.30 GPM
Sou rcew ell ~ ·
Founrrly NJPA
Total Order $205,375.00
Less discount at a rate of 10.00% -$19,940.00
Freight to Key Biscayne, FL $3,195.00
Tax es - See General Terms, Co nditions and Warranty $0.00 -------
Net Order $188,630.00
Inq uire abo ut our natio nw id e cooperative purchasing program s!
Paym e nt Term s: CUSTOM TERMS, SEE ATTACHED
Esti m ated Delivery Date upo n placem ent of O rder:
S ee the fo llow in g pag es fo r G eneral Term s, Co nditions and W arra nty related to this Proposa l
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
3
PROPOSAL
Reference:
Project Nam e:
Sales pers on:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
Warranty Details Click Here
GENERAL TERMS AND CONDITIONS
1) Purchase: By executing this proposal (the "Proposal"), or submitting a purchase order pursuant to this Proposal
(which shall incorporate the terms of this Proposal into such purchase order specifically by reference) which is accepted
by Rain Drop Products, LLC ("Rain Drop") the purchaser identified above ("you" or the "Purchaser") agrees to purchase
the products as detailed in this Proposal (the "Products"}, or in the purchase order accepted by Rain Drop, for use by
Purchaser or for installation by Purchaser on behalf of a third-party who will be the ultimate owner of the features
and/or equipment (the ultimate owner of the features and/or equipment, whether Purchaser or a third-party, being the
"Owner").
2) Proposal: The above proposal is valid for sixty days from the date first set forth above. After sixty days Rain Drop
reserves the right to increase prices due to the rise in costs of raw material, fuel or other cost increases.
3) Short Ship Claims: Purchaser has fifteen days from receipt of the Products to file a short ship report in writing to its
sales representative. Rain Drop will not honor claims made after this time.
4) Standard Exclusions: Unless specifically included and detailed in this Proposal , this Proposal does not include, and
Rain Drop will not provide services, labor or materials for any of the following work: (a) removal or disposal of any
materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner's property around
the installation site; (c) repair or replacement of any materials supplied by Purchaser or Owner; (d) repair of concealed
underground utilities not located on prints, supplied to Rain Drop by Owner during the bidding process, or physically
staked out by Owner, and which are damaged during construction; or (e) repair of damage to existing surfaces that
could occur when construction equipment and vehicles are being used in the normal course of construction.
5) Bonding Guidelines: If Purchaser uses or provides the Products for an Owner other than Purchaser (including,
without limitation, as a subcontractor of Purchaser}, Purchaser will include the following statement in Purchaser's
contract with Owner: "The manufacturer's warranty for the Rain Drop Products brand water components is a separate
document between Rain Drop Products, LLC and the ultimate owner of the Rain Drop brand water components, which
will be provided to the ultimate owner at the time of final shipment for products manufactured by Rain Drop. Due to
surety requirements, any performance and/or payment bond will cover only the first year of Rain Drop Products, LLC
warranty."
6) Insurance Requirements: Rain Drop will not provide any insurance coverage in excess of its standard insurance, a
copy of which is available for your review prior to acceptance of this Proposal.
7) Paym e nt: Terms of payment are defined in the "Payment Terms" section of this Proposal and are specific to this
contract.. All payments must be made to Rain Drop Products, LLC, 2121 Cottage Street, Ashland, Ohio 44805. If the
Purchaser or Owner fails or delays in making any scheduled milestone payments, Rain Drop may cease continued
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
4
PROPOSAL
Reference:
Project Nam e:
Sales person:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
manufacturing until such payments with penalties are made, or Rain Drop may be relieved of its obligations hereunder
if payment is more than sixty days past due. Rain Drop shall be entitled to certain payments previously made as
liquidated damages. Rain Drop may use all remedies available to it under current laws, including but not limited to
filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding
debt. All payments made pursuant to the installment payment process shall not be available to be recovered by
Purchaser so long as Rain Drop Products is not in default under the agreement. Transactions over $5,000 paid via
credit card will be subject to a 3% surcharge.
8) ~ Unless otherwise specifically included and detailed in this Proposal, prices do not include any taxes, including
sales, use or excise taxes. It is the Purchaser's responsibility to furnish evidence of any sales tax exemption in the
appropriate states and have compliance documents, where applicable, on file at Rain Drop.
9) Li en Releases : Upon request by Owner, Rain Drop will issue appropriate partial lien releases as corresponding
payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Rain Drop will
provide a full release of liens upon receipt of final payment. In accordance with state laws, Rain Drop reserves the right
to place a lien on the property if final payment has not been received ten days prior to the filing deadline for liens.
10) Site-plan Approva l, Perm iV s, Pe rm it Fees . Plans. EngjneerJng Dra wings and Surve ying: Site-plan approval,
permits, permit fees, plans, engineering drawings and surveying are specifically excluded from this Proposal unless
specifically detailed herein. Rain Drop does not in any way warrant or represent that a permit or site plan approval for
construction will be obtained.
11) M anufact uring & Delivery: Manufacturing lead-time from Rain Drop's receipt of this Proposal executed by
Purchaser, or submittal by Purchaser of a purchase order pursuant to this Proposal (which shall incorporate the terms
of this Proposal specifically by reference) which is accepted by Rain Drop is approximately twelve (12) to sixteen (16)
weeks depending on the size and complexity of the components ordered.
12) Changes in the W ork: During the course of this project, Purchaser may order changes consisting of additions and
deductions in the work. The cost of these changes will be determined by Rain Drop, and a change order form must be
completed and signed by both Purchaser and Rain Drop , which will detail the scope of the change order. Should any
change order be essential to the completion of the project, and the Purchaser refuses to authorize such change order,
then Rain Drop will be deemed to have performed its part of the project, and the project will be terminated. Upon such
termination, Rain Drop will submit a final billing to Purchaser for payment, less a labor allowance for work not
performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold
and supplied, which will remain the property of Purchaser.
13) Rest ocking Fe e There will be a 30% res tocking fee applied to all Products return ed by Purchaser. Prior approval
m ust be obta ined from Rain Dro p be fore any product is to be return ed. All return s are at Rain Drop"s disc retion.
14) Indemnifica tion: To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless Rain
Drop and its consultants, agents and employees or any of them from and against claims, damages, losses and
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
5
PROPOSAL
---0Ci11• Dr'OP Reference:
Project Name:
Salesperson:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
expenses, including but not limited to attorneys' fees, related to the installation of products manufactured and supplied
by Rain Drop , provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or
death of a person or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts
or omissions of the Purchaser or its agents, employees, or subcontractors or anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce
other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section ..
15) Intellectual Property Rights Purchaser acknowledges and agrees that Rain Drop will remain the owner of any and
all intellectual property rights, including, but not limited to, copyrights, service marks, and trademarks in, on or to the
Products.
16) Assembly/Installation: Rain Drop does not provide installation services. If requested and specifically detailed in
this Proposal, construction site services are intended to imply supervision and consulting services only. All labor
required for the assembly, construction or removal of Products manufactured and supplied by Rain Drop will be the
Purchaser's and/or Owner's responsibility.
17) Site/Use Reyjew by Purchaser: Rain Drop relies on the Purchaser to determine that the Products are appropriate
and safe for the Owner's installation site and/or intended use.
18) Dispute Resolution: Any controversy or claim arising out of or related to this Proposal must be settled by binding
arbitration administered in Ashland, Ohio by a single arbitrator selected by the parties or by the American Arbitration
Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award
may be entered in any court having jurisdiction thereof.
19) Entire Agreement: No Reliance: This Proposal, if accepted by Purchaser, represents and contains the entire
agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this
Proposal are not part of this Proposal. Purchaser hereby acknowledges that it has not received or relied upon any
statements or representations by Rain Drop or its agents which are not expressly stipulated herein, including. without
limitation any statements as to the Products, warranties provided hereunder.
20) No Third-Party Beneficiaries: This Proposal, if accepted by Purchaser, creates no third party rights or obligations
between Rain Drop and any other person, including any Owner who is not also a purchaser. It is understood and agreed
that the parties do not intend that any third party should be a beneficiary of this Proposal.
21) Governing Law: The Proposal will be construed and enforced in accordance with the laws of the State of Ohio.
Notwithstanding any other law or venue available in any country or jurisdiction, the parties specifically reject all other
venues and jurisdictions other than the United States of America, State of Ohio.
22) Assignment: Purchaser may not assign this Proposal, by operation of law or otherwise, without the prior written
consent of Rain Drop. The Proposal, if accepted by Purchaser, shall be binding upon and inure to the benefit of Rain
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
6
PROPOSAL
Reference:
Project Name:
Salesperson:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
Drop and the Purchaser, and their successors and permitted assigns.
23) Miscellaneous: Rain Drop objects to the inclusion of any different or additional terms in Purchaser's acceptance of
this Proposal and if such terms are included in Purchaser's acceptance, Purchaser agrees that a contract of sale will
nevertheless result only on the original terms stated in this Proposal. If any portion of this Agreement shall be declared
invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. This Agreement shall be
binding upon the parties hereto and their respective successors and assigns. This Agreement may be executed in one
or more counterparts, either of which may be deemed an original, but all of which shall constitute one and the same
document. Each person executing this Agreement for and on behalf of Purchaser represents and warrants that that
person has the authority to execute this Agreement and all corporate action necessary to authorize the execution
delivery of this Agreement.
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
7
PROPOSAL
Reference:
Project Name:
Salesperson:
Order Amount:
1812912
VILLAGE OF KEY BISCAYNE
Eric Zelman
$ 188,630.00
Ex ecuted to be effective as of the date executed by the Co mpany:
PURCHAS ER:
Signature:
By: (Print Name)
Title:
Date: _
2121 Cottage St. Ashland, Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 • www.rain-drop.com
8