City of Hoover, Point of Sale System and Accessories (Software-as-a- Service Model)

Invitation to Bid #19-010

City of Hoover Purchasing Department 3/15/2019

City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

TABLE OF CONTENTS

Section Page

I. GENERAL INFORMATION AND BACKGROUND...... 2

II. BID INSTRUCTIONS AND BID REQUIREMENTS ...... 4

III. GENERAL TERMS AND CONDITIONS OF THE CONTRACT ...... 13

IV. SPECIFICATIONS AND SCOPE OF WORK ...... 19

V. SUBMITTAL CHECKLIST FORM ...... 28

VI. PRICE PROPOSAL FORM ...... 29

VII. SPECIFICATIONS COMPLIANCE FORM ...... 30

X. BID/PROPOSAL SUBMITTAL AGREEMENT ...... 31

XI. STANDARD BID BOND AND CONTRACT FORMS ...... 32

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

I. GENERAL INFORMATION AND BACKGROUND

A. SUMMARY The City of Hoover, Alabama, is requesting bids for a turnkey integrated, robust, scalable, and user-friendly Point of Sale (POS) System. B. OBJECTIVES The City is seeking to partner with an experienced Point of Sale System provider that offers a proven “Software-as-a-Service” (SaaS) internet-based design model. The POS system is to be used in concessions, retail, and food & beverage operations at the City’s Hoover Met Complex. The Bidder must demonstrate experience and success in providing secure and convenient SaaS Point of Sale operations in a growing, high-paced environment. C. THE CITY The City of Hoover is located in southern Jefferson and northern Shelby Counties in North Central Alabama. It is the largest suburb of the Birmingham-Hoover Metropolitan Area, and is the sixth largest city in the state with a population of more than 83,000. The city was incorporated just over 50 years ago. The City boasts a robust retail economy, and is home to the , with over 1.5 million square feet of retail floor area. The City is home to one of the best school systems in Alabama, as well as planned residential communities and neighborhoods. Office parks are prevalent along the following high traffic corridors: US Highway 31, US Highway 280 and Interstate 459. Major private employers in the city include Blue Cross and Blue Shield of Alabama (corporate headquarters), Regions Financial Corporation (operations center) and AT&T (data center), as well as numerous technology and professional services firms. D. THE VENUE The Hoover Metropolitan Complex, located in Hoover, Alabama, consists of the facilities listed below:

1. Hoover Metropolitan Stadium (Opened in 1988) The Hoover Metropolitan Stadium opened on April 18, 1988. The Hoover Met is currently home to the Southeastern Conference Baseball Tournament, the premiere college baseball tournament in the country. Hoover High School football games and area college baseball games are held at the Hoover Met as well as banquet room events throughout the year. 2. The Finley Center (Opened in 2017) The Finley Center is a 155,000 square foot indoor event center capable of hosting large sports tournaments, trade shows, banquets and a myriad of other indoor event opportunities. The facility will have 82,000 square feet of clear span space which makes it conducive for trade shows, consumer shows, banquets, special events, and sporting events. Over 72,000 square feet of wood flooring within the Finley Center accommodates simultaneous tournament play on up to eleven regulation- sized basketball courts or simultaneous tournament play on up to seventeen

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

regulation-sized volleyball courts. The facility will also feature a number of local sports leagues that will play primarily on weekdays. Other Features of the Finley Center include: • Walking Track • Food Court • Flexible Meeting Rooms • Locker Rooms • Climbing Wall Attraction • Trade show space for up to 300 booths • Banquet seating for up to 2,400 guests • Theatre seating for 5,000 guests • Sports Performance Facility (planned future) 3. Outdoor Recreational Fields and Tennis Courts (Opened in 2018-2019) The outdoor recreational fields and tennis courts opened in early 2019 to host many local, regional and national tournaments and events. Community leagues will also play during the week on these fields and courts. Other Features of the Outdoor Recreational Area: • Five (5) NCAA regulation-size soccer/football/lacrosse fields • Five (5) NCAA regulation-size baseball/softball fields • Sixteen (16) Tennis Courts • Tennis Pro Shop • Inclusive Playground • Splash Pad 4. The Hoover RV Park (Renovated and Expanded in 2017) Includes 172 Recreational Vehicle spaces and enhanced amenities. 5. The Parking Lot The parking lots adjacent to the Finley Center, Hoover Met, and outdoor recreational fields/courts have been expanded to accommodate approximately 5,000 vehicles. E. MANAGEMENT AND OPERATIONS AT THE VENUE The Hoover Met Complex is managed and operated by Sports Facilities Management (SFM) on behalf of the City of Hoover and the Hoover Parks and Recreation Board. SFM is a national leader in the management and operation of sporting facilities and was hired in August of 2016 to market, manage, and operate the Hoover Met Complex for the City Hoover and the Hoover Parks and Recreation Board. SFM has participated in the development of these specifications, will participate in the evaluation of bids, and will provide day-to-day oversight and operation of this Point-of-Sale system.

End of General Information and Background Section

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

II. BID INSTRUCTIONS AND BID REQUIREMENTS A. KEY EVENTS, DATES, AND TIMES FOR THIS BID

EVENT DATE/TIME Bid Posting Date 3/15/2019 Pre-Bid Conference None - Not Applicable Deadline for Bidders to Submit Questions 3/22/2019 @ 5:00 pm CT Answers to Bidder Questions Posted on City Website 3/25/2019 @ 5:00 pm CT Bid Submittals Due 3/27/2019 @ 10:00 am CT Vendor Presentations None - Not Applicable Estimated Date of Award 4/1/2019 Deadline for Substantial Completion of System 5/17/2019 Deadline for Testing Acceptance of System 5/19/2019 B. PREPARATION OF BIDS 1. Bid Form a. Bids must be submitted on the Bid Form as contained in the bid documents. All bidders must use the enclosed Bid Proposal Forms and Agreements (or copies thereof) to submit their Proposal. No alternate or substitute pricing forms will be accepted. b. All information requested of the bidder on the Bid Form must be filled in. The form must be completed by typewriter or hand-printed in ink. c. All bid items requested in the Bid Form, including alternate bid prices and unit prices for separate items of the Work, must be bid. If a gross sum of bid items is requested in the Bid Form, the gross sum shall be provided by the bidder. d. The Bid Form shall be properly signed by the bidder. If the bidder is: i. an individual, that individual or his or her “authorized representative” must sign the Bid Form; ii. a partnership, the Bid Form must be signed by one of the partners or an “authorized representative” of the Partnership; iii. a corporation, the president, vice-president, secretary, or “authorized representative” of the corporation shall sign and affix the corporate seal to the Bid Form. 2. As used in these Instructions to Bidders, “authorized representative” is defined as a person to whom the bidder has granted written authority to conduct business in the bidder’s behalf by signing and/or modifying the bid. Such written authority shall be signed by the bidder (the individual proprietor, or a member of the Partnership, or an officer of the Corporation) and shall be attached to the Bid Form. 3. Interlineations, alterations or erasures on the Bid Form must be initialed by the bidder or its “authorized representative”. 4. TAX EXEMPT PRICING Bid proposal prices must not include state or local sales taxes or federal excise tax. The City is exempt for such taxes and will provide documentation of such exemption upon request.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

C. SUBMITTAL AND DELIVERY OF BIDS/PROPOSALS 1. Bids will be received until the time set, and at the location designated, in the Advertisement for Bids unless notice is given of postponement. No bid will be accepted or considered which has not been received prior to the time set for opening bids. 2. All bid responses, technical information and any other attachments furnished to The City of Hoover in response to this bid solicitation must be submitted as follows: a. One original bid and attachments in writing (paper format) with original signature b. One electronic copy of the entire bid response in a digital pdf file format. Bidders who fail to follow this format may be disqualified from the evaluation and award phase of this bid. 3. Each bid shall be placed, together with the bid guaranty, in a sealed envelope. On the outside of the envelope the bidder shall write in large letters the assigned Bid Number, the Bid Title, and the Name of the Bidder. 4. Bids may be delivered in person or by mail if ample time is allowed for delivery. When sent by mail, preferably special delivery or registered, the sealed envelope containing the bid, marked as indicated above, shall be enclosed in another envelope for mailing. Bidder bears the sole responsibility for ensuring that its bid is delivered to the place and prior to the submission deadline specified in the Notice/Advertisement for Bids. 5. Bidders must retain a copy of their proposal for their records and use. 6. Bids must be delivered, no later than the specified Bid Submittal Deadline, to the following address: City Clerk’s Office Hoover City Hall 100 Municipal Lane Hoover, AL 35216 D. BID GUARANTY (BID BOND) REQUIRMENTS 1. A Cashier’s check or bid bond payable to The City of Hoover in an amount not less than five (5) percent of the amount of the bid, but in no event more than $10,000, must accompany the bidder’s response. 2. The Bid Guaranty shall be comprised of a cashier’s check, drawn on an Alabama bank, or a Bid Bond, executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, payable to The City of Hoover, or any combination thereof. E. BIDDER QUALIFICATIONS STATEMENT REQUIREMENTS 1. It is imperative that the successful bidder meet certain qualifications that will provide assurance to The City of Hoover that the Bidder is qualified to furnish and deliver products, equipment, and services as required in this Solicitation. 2. In order to qualify for Contract Award, the Bidder must provide, a statement and/or evidence, that the Bidder has been regularly engaged, for a minimum of five (5) years in the business of furnishing, delivering, servicing, repairing, and installing, the equipment, goods, or services required in this Solicitation.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

3. Failure to comply with this requirement may eliminate your bid response from consideration. F. REFERENCE REQUIREMENTS 1. References are required with your bid response. References must include at least three (3) installations of similar scope to the project specified herein and for which similar equipment has been successfully maintained by the bidder for the past three (3) years in terms of manufacturer, size, installation and features. Failure to comply with this requirement may result in the elimination of your bid response from consideration. 2. Bidder must provide references. Failure to provide references may disqualify the bidder from consideration for the award of the contract. 3. References must include at least three (3) other universities, institutions or businesses, which the bidder has successfully provided products, services or installation of equipment similar to those required in this Solicitation in terms of manufacturer, size, features, service or type of installation. The references must include company name, address, project/delivery date, contact name, phone number, and email address. G. COMPLIANCE WITH PRODUCT SPECIFICATIONS 1. All items bid upon must meet both the general specifications provided herein and the detailed specifications for that particular item as described herein. 2. If the successful bidder fails to deliver the products specified in this Proposal, the city may not accept delivery of or remit payment for such substitute items. 3. Compliance with product specifications must be indicated on your proposal. a. Please indicate “YES” if your item meets or exceeds the item specifications. b. Please indicate “NO” if your item does not meet or exceed the minimum specifications. c. If “NO” is selected or neither “YES” nor “NO” are indicated, the Bidder must create a detailed list of each and every substitute/alternate item in the manner described in the section below entitled “EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS” and must enclose such page(s) with your Bid/Proposal submittal. d. Failure to indicate “YES” or “NO” or to furnish the required information may disqualify your bid. 4. Brand names and model/product names and numbers are provided for each item whenever possible. The use of specific brands, model/product names, and numbers is not intended to restrict the bidding by any supplier and/or manufacturer, but is provided for the purpose of indicating the quality of materials, products, and service best adapted to the City’s intended use. 5. If alternate brand names, product names, or product numbers are proposed, the bidder must follow the instructions below regarding the submittal of Proposals/quotes that include such exceptions or alternates. H. EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS 1. If a price is bid/quoted for a substitute or alternate brand/product (anything other than the specified brand/product), then the bidder must create a detailed list of

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

substitute/alternate items bid/quoted on a separate page or pages entitled “EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS” and must enclose such pages with your Bid/Proposal submittal: including, at a minimum, the following information about each and every substitute/alternate items: a. Bid Reference Number – this number shall be used to clearly identify which specified line items are being replaced with a substitute/alternate; b. Bid/quoted Brand/Manufacturer; c. Bid/quoted Make/Model; d. Bid/quoted Part/Product Number; e. Bid/quoted Detailed Product Specifications to the extent required to establish that the substitute or alternate item meets or exceeds the item specified; f. Any additional information and/or documentation related to substitute/alternate items must be clearly referenced and cross-referenced to the corresponding items within the list of “EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS”. 2. Samples of alternate items must be made available for review upon request by the City of Hoover and, if requested, must be delivered promptly at the bidder’s expense, for such review. If the bidder desires that the sample items should be returned, the bidder must include packaging materials and pre-paid postage for such return. 3. Samples will only be required for items marked “No” for compliance on the bid specification sheets, thus indicating that an alternate item is being bid. 4. Samples submitted as alternates may be subjected to testing at the discretion of the City of Hoover. Bidders are responsible for all costs associated with testing of their sample products. 5. The City of Hoover, in its sole discretion, will determine whether or not alternate items meet or exceed bid specifications. The Proposal will be disqualified if an alternate product does not meet or exceed all specifications for the specified brand/product. I. INQUIRIES, EXPLANATIONS AND INTERPRETATIONS 1. Before submitting a bid, bidders shall carefully examine, read, and study the Bid and Contract Documents. 2. All questions regarding this Invitation to Bid should be directed to: Patti Beavers Ben Powell 3. Purchasing Specialist Director of Purchasing (205)444-7504 (205)444-7573 [email protected] [email protected] 4. Clarifications will be made only by written Addenda, which will be sent to all prospective bidders. Neither The City of Hoover nor its employees, officials, or representatives will be responsible for verbal answers or instructions regarding intent or meaning of the Contract Documents. 5. Should a conflict, inconsistency, ambiguity, omission, or error occur in or between the information at the on-site and the Specifications, the bidder shall notify the City prior to submission of his bid.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

J. EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE OF THE WORK 1. Before submitting a bid for the Work, the bidders shall carefully examine, read, and study the Bid Contract Documents, attend the on-site inspection of the site, and satisfy themselves as to the nature and location of the Work, and the general and local conditions, including weather, the general character of the site or building, the character and extent of existing work within or adjacent to the site, and any other work being performed thereon at the time of submission of their bids. 2. Bidders shall fully inform themselves as to transportation, disposal, handling, and storage of materials, availability of water, electric power, and all other facilities in the area which will have a bearing on the performance of the Work for which they submit their bids. By submission of a bid, bidder acknowledges that bidder examined the Contract Documents and found them to be complete, accurate adequate, consistent, coordinated and sufficient for construction and visited the site and has judged for and satisfied himself as to conditions to be encountered regarding the character, difficulties, quality, and quantities of work to be performed and the material and equipment to be furnished, The City of Hoover’s tax exempt status, and as to the contract requirements and contingencies involved. The City of Hoover makes no representation or warranty of any nature whatsoever to bidders concerning the Contract Documents. 3. Should concealed and unknown conditions encountered in the performance of the Work in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in the Work of the character provided for in the Contract Documents, be encountered, the compensation to be paid for the Work shall be equitably adjusted by Change Order upon written notice and claim by either party made within 7 days after the first observance of the condition. As a condition precedent to The City of Hoover having any liability to the Contractor for concealed and unknown conditions, the Contractor must give The City of Hoover written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure of Contractor to make the written notice and claim as provided in this paragraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed or unknown condition. K. WITHDRAWAL OR REVISION OF BIDS 1. A bid may be withdrawn prior to the time set for opening of bids, provided a written request to withdraw its bid, executed by the bidder or the bidder’s “authorized representative”, is filed with The City of Hoover prior to that time. If a timely request to withdraw bid is received, the bid will then be returned to the bidder unopened. 2. A bid which has been sealed in its delivery envelope may be revised by writing the amount of the change in price on the outside of the delivery envelope over the signature of the bidder or the bidder’s “authorized representative” if done so prior to the time set for opening bids. In revising the bid in this manner, the bidder must only write the amount of the change in price on the envelope and must not reveal the bid price. 3. Written communications, signed by the bidder or its “authorized representative”, to revise bids will be accepted if received by The City of Hoover prior to the time set for

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

opening bids. The City of Hoover will record the instructed revision upon opening the bid. Such written communication may be by facsimile if so stipulated in Supplemental Instructions to Bidders. In revising the bid in this manner, the bidder must only write the amount of the change in price and must not reveal the bid price. 4. Except as provided in Article 11, ‘Errors in Bid’ of these Instructions to Bidders, no bid shall be withdrawn, modified, or corrected after the time set for opening bids. L. IRREGULAR BIDS 1. Bids may be rejected if they are incomplete or contain any alterations or erasures that are not initialed, additions, conditional bids, alternate bids unless called for, or irregularities of any kind. M. ERRORS IN BID 1. Errors and Discrepancies in the Bid Form: In case of an error in the extension of prices in bids, the unit price will govern. 2. Mistakes within the Bid : If the low bidder discovers a mistake in its bid, the low bidder may seek withdrawal of its bid without forfeiture of its bid guaranty under the following conditions: 3. Timely Notice: The low bidder must notify The City of Hoover Purchasing Department, in writing, within three working days after the opening of bids, that a mistake was made. This notice must be given within this time frame whether or not award has been made. 4. Substantial Mistake: The mistake must be of such significance as to render the bid price substantially out of proportion to the other bid prices. 5. Type of Mistake: The mistake must be due to calculation or clerical error, an inadvertent omission, or a typographical error which results in an erroneous sum. Mistakes of law, judgment, or opinion are specifically excluded from these criteria. 6. Documentary Evidence: Clear and convincing documentary evidence of the mistake must be presented to the City of Hoover Purchasing Department, as soon as possible, but no later than three working days after the opening of bids. 7. The City of Hoover’s decision regarding a low bidder’s request to withdraw its bid without penalty shall be made within 10 days after receipt of the bidder’s evidence. Upon withdrawal of bid without penalty, the low bidder may be prohibited from: 8. Doing work on the project as a subcontractor or in any other capacity. 9. Bidding on the same project if it is re-bid. N. DISQUALIFICATION OF BIDDERS 1. Any bidder(s) may be disqualified from consideration for contract award for the following reasons: a. Collusion: Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition to bid at a fixed price or to refrain from bidding or otherwise shall render the bids void and shall cause the bidders or prospective bidders to be disqualified from submitting further bids to The City of Hoover on future lettings. b. Advance Disclosure: Any disclosure in advance of the terms of a bid submitted in response to an Advertisement for Bids shall render the proceedings void and require re-advertisement and re-bid.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

c. Failure to Settle or Perform Other Contracts: The City of Hoover may, at its sole discretion, reject a bid from any bidder who: i. has not paid, or satisfactorily settled, all bills for labor and material on other contracts in force at the time of letting of this bid, ii. has not completed all work to the City’s satisfaction for other contracts with the City, both past and present, iii. has not met warranty and service requirements and responsibilities to the City’s satisfaction for other contracts with the City, both past and present. 2. The successful bidder/supplier will be required to submit proof of compliance with the BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT, Code of Alabama, Section 31-13-9. Failure to submit any and all such documents within a reasonable period of time will constitute sufficient grounds for cancellation of the contract at the sole discretion of the City of Hoover. O. DISQUALIFICATION OF PROPOSALS 1. Bids may be disqualified before the awarding of the contract for any reason including but not limited to the following: a. Failure to deliver the Bid submittal as required; b. Failure to sign and/or notarize the Bid documents; c. Failure to include requested information or other details of the Bid; d. Excessive errors in calculating prices or total; 2. Bids may be disqualified for any other reason that may be deemed appropriate by Hoover City officials. P. RESERVATION OF RIGHTS 1. Reservation of Rights – The City of Hoover expressly reserves the right to: a. Waive minor deviations from specifications that do not impair overall functionality of the products; b. Waive any defect, irregularity, or informality in any bid procedure; c. Reject or cancel any or all Bids/Proposals; d. Reissue the bid invitation; e. Extend the bid opening time and date; f. Procure any item by other means; g. Increase or decrease the quantity specified in the bid invitation; h. Consider and accept alternate Bids/Proposals when most advantageous to the City. i. Negotiate with any bidder after proposals have been made regarding price, warranty, or any other factor being considered in this proposal. 2. The City of Hoover reserves the right to purchase any item from any supplier who has been awarded an Alabama State bid contract, a GSA contract, or other contracts made in accordance with and/or authorized by state bid laws. 3. The City of Hoover reserves the right to award the Bid/Proposal in any manner that is in the best interest of the City.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

Q. AWARD OF THE BID CONTRACT 1. While the bid award may be made to the lowest bidder meeting all product specifications, the City of Hoover may not award the bid on the basis of the low bid only. Quality, conformity with specifications, terms of delivery, terms of payment, past service history, and experience are among the factors that may be considered in determining the lowest responsible bidder. 2. A bidder to whom award is made will be notified by telegram, confirmed facsimile, or letter to the address shown on the Bid Form at the earliest possible date. Unless otherwise agreed upon by the City and the Bidders, the maximum time frames allowed for each step of the process between the opening of bids and the issuance of an order to proceed with the work shall be as follows: a. Award of contract: Within 30 calendar days after the opening of the bids b. The City’s approval of the Contractor’s bonds and evidence of insurance: Within 7 calendar days after the Contractor presents the completed and acceptable documents to the City of Hoover Purchasing Department, c. Notice to Proceed issued to the Contractor in the form of a City Purchase Order: Within 7 calendar days after final execution of Contract. 3. The time frames stated above, or as otherwise specified in the bid documents, may be extended by written agreement between the parties. Failure by The City of Hoover to comply with the time frames stated above or stipulated in Supplemental Instructions to Bidders, or agreed extensions thereof, shall be just cause for the withdrawal of the Contractor’s bid, and contract, without forfeiture of bid security. 4. Should the successful bidder or bidders to whom the contract is awarded fail to execute the Construction Contract and furnish acceptable Performance and Payment Bonds and evidence of insurance within the specified period, The City of Hoover shall retain from the bid guaranty, if it is a cashier’s check, or recover from the principal or the sureties, if the guaranty is a bid bond, the difference between the amount of the contract as awarded and the amount of the bid of the next lowest bidder. If no other bids are received, the full amount of the bid guaranty shall be retained or recovered as liquidated damages for such default. Any sums so retained or recovered shall be the property of The City of Hoover. 5. All bid guaranties, except those of the three lowest bona fide bidders, will be returned immediately after bids have been checked, tabulated, and the relation of the bids established. The bid guaranties of the three lowest bidders will be returned as soon as the contract bonds and the contract of the successful bidder have been properly executed and approved. When the award is deferred for a period of time longer than 15 days after the opening of the bids, all bid guaranties, except those of the potentially successful bidders, shall be returned. If any potentially successful bidder agrees in writing to a stipulated extension in time for consideration of its bid, The City of Hoover may permit the potentially successful bidder to substitute a satisfactory bidder’s bond for the cashier’s check submitted with its bid as a bid guaranty. 6. In the event the City’s first choice of Bidding vendors refuses to accept all City terms and conditions and/or other requirements without deviation, that vendor may then be disqualified. After such disqualification, the Bid may, at the sole discretion of the City, be awarded to the City’s second choice and so forth and so on.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

7. Records showing successful bidder(s) and price(s) will be placed on file within the City Clerk’s Office and may be examined upon request R. BID DOCUMENTS SHALL BECOME PART OF THE CONTRACT Bidders are asked to retain these instructions, conditions, and specifications for future reference. This document and its attachments will become part of your contract with the City of Hoover if you are the successful bidder. S. BID PROPOSAL SHALL BE BINDING 1. The bidder agrees that this Invitation to Bids along with the bidder’s proposal and supporting documentation will, when the Bid has been awarded, constitute a lawful and binding agreement between the City of Hoover and the successful bidder. 2. The bidder agrees that, if awarded the Bid, he/she shall furnish the products and services specified within this Invitation to Bid in compliance with all terms, scope of work, conditions, specifications, and amendments which are incorporated by reference as if fully set forth herein. T. APPROVAL OF CONTRACT No Contract is binding upon The City of Hoover until it has been executed by means of issuance of a City of Hoover Purchase Order.

End of Bid Requirements, Evaluation and Award Section

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

III. GENERAL TERMS AND CONDITIONS OF THE CONTRACT A. GENERAL INFORMATION 1. Any contract resulting from this request may be made available to other eligible entities. This may include but is not limited to; The City of Hoover, The Parks and Recreation Board of the City of Hoover, and/or their designees. Contracts resulting from the award of this bid shall govern orders by and shipments to any entity listed above. Each entity will generate its own purchase orders, payments, etc. and delivery must be made according to the instructions on the purchase order. 2. A signed Contract document or the issuance of a City Purchase Order (PO) is required to constitute a contract between the successful Bidder and the City. Such Contract shall bind the successful Bidder to furnish and deliver the commodities ordered at the prices, terms and conditions quoted and in accordance with the specifications of this Solicitation as well as the terms and conditions of the City’s Purchase Order or Contract. No shipments are to be made to The City of Hoover without the issuance of a Purchase Order (PO). B. CONTRACT PERIOD 1. This contract is for an initial period of one (1) year from date of award. 2. The contract may be extended for two (2) additional years, renewable annually, upon mutual agreement between the City of Hoover and the successful bidder. C. PURCHASES AND ORDERS 1. Products shall be ordered and supplied on an “as needed” basis during the life of this Bid/Proposal agreement. 2. The City of Hoover shall transmit or deliver authorized purchase orders to the winning bidder to initiate each order process. 3. The bidder/supplier will not be paid for any order placed without an authorized purchase order and, further, shall not be paid until the city has inspected delivered items and approves the quality and workmanship thereof. D. QUANTITIES 1. Quantities are estimates only and are not a commitment to buy. 2. Commodities will be purchased on an “As-Needed” basis. The actual quantities purchased may be more or less than the estimated quantities. 3. The quantities provided within the attached Bid Proposal Form have been developed to reflect the typical frequency of purchases of each item while also reflecting the approximate annual cost of meeting the city’s needs. Bidders should complete the Bid Proposal Form to extend the total cost of each item listed at the specified quantities for each item and then summarize the extended costs of all items. 4. Approximate quantities, as provided herein, do not constitute an order, but only are provided for the purpose of comparing Proposal responses to each other to determine the lowest bidder and for the purpose of determining the impact of purchasing such items and quantities on the City’s annual expense budget.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

E. PROPOSAL PRICING 1. Each item is to be bid as a price per item multiplied by an estimated purchase quantity. The estimate quantity for each item has been provided on the Bid Proposal Form. 2. Bid prices are not to exceed four decimal places (i.e., $1.2525). 3. Unit prices quoted must remain firm for the entire period of the contract including extensions and renewals thereof. 4. In the event of a delay in awarding the Bid, Bid prices shall remain firm for sixty (60) days from date of Bid opening. F. DELIVERY 1. Unless stated otherwise, all prices bid/quoted shall include delivery to the location(s) stipulated on the purchase order FOB Destination, Freight Prepaid. 2. Failure to deliver products as specified, in accordance with the terms of the Bid submitted, or failure to meet promised delivery dates will constitute sufficient grounds for cancellation of the contract/order at the sole discretion of the City of Hoover. 3. Any item needing to be exchanged or altered shall be picked up, at the bidder’s expense, from any location designated by the City, within three (3) days following the date that the successful bidder was notified of a problem. G. EXEMPTION FROM SALES TAXES 1. The City of Hoover is exempt from all sales taxes. This statement is in no way to be construed as relieving a seller or contractor of their obligation to pay appropriate taxes to each and every authorized taxing entity. 2. A copy of Hoover’s Sales Tax Exemption form/documentation will be provided to you upon request. H. PRODUCT QUALITY, GUARANTEE, AND WARRANTY 1. The bidder attests that the items offered shall be new, original brand name items that have never been refurbished, repaired, or remanufactured. 2. The City of Hoover reserves the right to make quality inspections of products by any means determined by the City. 3. The bidder certifies that, by submitting a bid, he/she is fully aware of the conditions of service and purpose for which the items included in this Bid are to be purchased and certifies that his/her offer will meet these conditions of service and purpose to the satisfaction of the City of Hoover. 4. The successful bidder shall replace all defective materials immediately upon notification except when it is clearly shown that the defects were caused by misuse and not by faulty manufacture or installation. I. LICENSES AND PERMITS 1. Prior to CITY’s payment for bid items/services, the successful bidder must obtain, if applicable and at its own expense, a City of Hoover Business License. 2. The successful bidder must acquire all licenses and/or permits required by local and state law.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

J. NON-COLLUSION By signing the Bid Proposal Form, the bidder certifies that that: 1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder; and 2. Neither the price(s) nor the amount of this Bid, and neither the approximate prices(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening; and 3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. 4. The bid proposal has been made in good faith and has not been developed or submitted pursuant to any agreement or discussion with, or inducement from, any firm or person who has submitted or is/was known to be submitting a competing for these items to the City of Hoover. K. ALABAMA IMMIGRATION LAW COMPLIANCE REQUIREMENTS 1. The following language is required by § 31-13-9 (k) Code of Alabama 1975 to be placed in all contracts covered by the Act: “By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom”. 2. To the extent that there is no formal written contract between the CITY and the Bidder/Vendor, such as when business is conducted by purchase order, this document shall serve as the Alabama Immigration Compliance Contract. If you have received a copy of this Proposal Document and choose to do business with the CITY, it will be deemed that you have accepted the terms even if you fail to sign and return the Agreement. 3. To the fullest extent permitted by law, Bidder/Vendor shall defend, indemnify and hold harmless CITY from any and all losses, consequential damages, expenses (including, but not limited to, attorneys’ fees), claims, suits, liabilities, fines, penalties, and any other costs arising out of or in any way related to Vendor’s failure to fulfill its obligations contained in this paragraph. L. INSURANCE REQUIREMENTS A. GENERAL INSURANCE REQUIRMENTS (1) RESPONSIBILITY. The Contractor shall be responsible to the Owner from the time of the signing of the Contract or from the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from any negligent act or omission or breach, failure or other default regarding the work by the Contractor, a Subcontractor, anyone directly employed by them or anyone for

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

whose acts they may be liable, regardless of who may be the owner of the property. (2) INSURANCE PROVIDERS. Each of the insurance coverages required below shall be issued by an insurer licensed by the Insurance Commissioner to transact the business of insurance in the state of Alabama for the applicable line of insurance, and such insurer (or, for qualified self-insureds or group self-insureds, a specific excess insurer providing statutory limits) must have a Best Policyholders Rating of “A-“ or better and financial size rating of Class V or larger. (3) NOTIFICATION ENDORSEMENT. Each policy shall be endorsed to provide that the insurance company agrees that the policy shall not be canceled, changed, allowed to lapse or allowed to expire for any reason until thirty days after the Owner has received written notice by certified mail as evidenced by return receipt or until such time as other insurance coverage providing protection equal to protection called for in the Contract Documents shall have been received, accepted and acknowledged by the Owner. Such notice shall be valid only as to the Project as shall have been designated by Project Name in said notice. (4) INSURANCE CERTIFICATES. The Contractor shall procure the insurance coverages identified below, or as otherwise required in the Contract Documents, at the Contractor’s own expense, and to evidence that such insurance coverages are in effect, the Contractor shall furnish the Owner an insurance certificate(s) acceptable to the Owner and listing the Owner as the certificate holder. The insurance certificate(s) must be delivered with the Contract and Bonds for final approval and execution of the Contract. Copies of the insurance certificates and attachments should also be sent to: a. The Project Manager (owner, architect, or engineer) b. Risk Manager, City of Hoover, 100 Municipal Lane, Hoover, AL 35216 The insurance certificate must provide the following information, at a minimum: a. Name and address of authorized agent of the insurance company b. Name and address of insured c. Name of insurance company or companies d. Description of policies e. Policy Number(s) f. Policy Period(s) g. Limits of liability h. Name and address of Owner as certificate holder i. Project Name and Number, if any j. Signature of authorized agent of the insurance company k. Telephone number and email address for the authorized agent of the insurance company

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

l. Mandatory thirty day notice of cancellation / non-renewal / change m. Special attachments or endorsements to meet the requirements of the insurance coverage specified should be attached. (5) DEDUCTIBLES AND SELF-INSURED RETENTIONS. The Contractor will be responsible for deductibles and self-insured retentions for claims made under its policies. (6) ADDITIONAL INSURED and CONTRACTOR’S INSURANCE AS PRIMARY. The Contractor’s insurance policies shall name the City of Hoover, and its agents elected officials, boards, and employees, as Additional Insureds; state that this coverage shall be primary insurance for Additional Insureds and shall be Non- Contributory with regard to any insurance carried by the Owner and shall contain no exclusions of the Additional Insured(s) relative to job related injuries or illness. The benefits of being an Additional Insured shall also extend to include completed operations coverage under General Liability. (7) COMBINATION OF COVERAGES. Any combination of primary and umbrella/excess coverage is acceptable as long as it satisfies the combined minimum coverage limits of each line. The limits specified below shall not reduce the coverage available if the Contractor carries higher limits. B. INSURANCE TYPES AND COVERAGE LIMITS The Contractor shall possess the types of insurance with liability limits not less than as follows: 1) WORKERS’ COMPENSATION and EMPLOYER’ LIABILITY INSURANCE: a. Workers’ Compensation coverage shall be provided in accordance with the statutory coverage required in Alabama. A group insurer must submit a certificate of authority from the Alabama Department of Industrial Relations approving the group insurance plan. A self-insurer must submit a certificate from the Alabama Department of Industrial Relations stating the Contractor qualifies to pay its own workers’ compensation claims. b. Employer’s Liability Insurance limits shall be at least: (i) Each accident - $1,000,000 (ii) Disease – each employee $1,000,000 (iii) Disease – policy limit $1,000,000 c. No Proprietor/Partner/Executive Officer/Member of the Contractor shall be excluded. d. The Contractor’s worker’s compensation policy shall contain a waiver of Subrogation Clause in favor of the Owner. 2) COMMERCIAL GENERAL LIABILITY INSURANCE:

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

a. Commercial General Liability Insurance, shall be written on an ISO Occurrence Form (current edition as of the date of Advertisement for Bids) or equivalent. The Commercial General Liability Insurance shall provide at minimum the following: (i) $1,000,000 per occurrence (ii) $2,000,000 general aggregate with dedicated limits per project (iii) $2,000,000 completed operations aggregate limits per project b. Additional insured endorsement(s): (i) Blanket contractual liability (ii) Blasting and explosion, collapse of structure and underground damage (XCU) shall not be excluded (iii) Bodily Injury and broad form property damage arising from premises operation liability (iv) Contractor’s Liability (v) Personal Injury liability (vi) Products & Completed Operations Liability, maintained for at least seven years after completion of project (vii) Punitive damages shall not be excluded (viii) Severability of interests 3) COMMERCIAL AUTOMOBILE LIABILITY INSURANCE: a. Commercial Automobile Liability Insurance which shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned or hired automobile. b. The Commercial Automobile Liability Policy shall provide not less than $1,000,000 Combined Single Limit for each occurrence. 4) COMMERCIAL UMBRELLA OR EXCESS LIABILITY INSURANCE: a. Commercial Umbrella or Excess Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Automobile Liability and the Employer’s Liability coverage of Workers’ Compensation. b. Excess/Umbrella Limits of: (i) $4,000,000 per Occurrence (ii) $4,000,000 per Aggregate (iii) The policy must be on an “occurrence” basis.

End of General Conditions Section

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

IV. SPECIFICATIONS AND SCOPE OF WORK A. OVERVIEW OF THE SPECIFIED POS SYSTEM The Bidder shall be responsible for providing all hardware and software needed for a fully functioning, turnkey system. It is the Bidder’s responsibility to understand the design intent and to provide all equipment and work needed to accomplish the design intent within the time allocated. B. REQUIRED SYSTEM ATTRIBUTES The System must include all hardware, software, and services needed to provide advanced point-of-sale features for a quick-serve restaurant environment, a concession stand environment, and a retail environment; at a minimum, the system must include: 1. General Requirements: a. The Bidder’s base proposal shall include the design, coordination, supply, installation, and testing of a complete turnkey Point-of-Sale System at the Hoover Met Complex. b. The City is seeking a “Software as a Service” design model for this Point of Sale solution. c. Provider’s system is to include all the hardware, software, adapters, and connectors to provide a fully functioning secure wireless solution for POS system proposed. d. The Provider is responsible for supplying a complete and fully operational system as intended by the bid documents and any subsequent addendums. Prior to entering into a contract for the project, vendor is responsible for notifying Owner of any equipment omissions in the bid documents that would prevent the completion of a fully operational system. If the Provider fails to notify Owner of any equipment omissions, the Provider shall assume responsibility for providing the required equipment at no additional cost to Owner. e. Provider shall be responsible for assembly, secondary modifications (if necessary) and secure installation of all Point of Sale components onto new or existing structures. f. The Provider shall grant Owner such license(s) required to use all proprietary software provided with this bid for the duration of the contract period and renewal periods thereof. g. Owner will provide Primary Power at defined demarcation points as mutually agreed upon by the Owner and Provider. Provider shall be responsible for all power and electrical distribution from demarcation point (Secondary Power) to new system(s). The Provider shall provide all Secondary Power connections/terminations required to power new system(s). h. Owner will provide Ethernet Data Ports with high-speed internet service at defined demarcation points as mutually agreed upon by the Owner and Provider. All additional conduit and raceways required to complete a path to each Point of Sale location shall be furnished and installed by the provider. The Provider shall be responsible to furnish, install, and terminate all required cabling needed to make new system(s) complete and fully operational. In

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

addition, the Provider must provide operational options for portable Point of sale locations where power and data may not be available. i. The Provider shall field verify all work site conditions prior to submitting their bid/proposal. 2. General Equipment Specifications: a. All equipment and materials, except owner furnished, shall be new and the latest version at the time of bid and shall conform to applicable UL, ULC, CSA or ANSI provisions. b. Re-manufactured or “B” stock equipment will not be acceptable. Evidence of unauthorized re-manufactured or “B” stock equipment on the project site will be deemed evidence of the contractor’s failure to perform the work. c. Provider shall take care during installation to prevent scratches, dents, chips or disfiguration of equipment and materials supplied. All damaged equipment and/or materials shall be repaired or replaced at Owner’s discretion. Provider shall perform either option selected by Owner at no additional cost to the Owner. d. All cabling is to be labeled at each end of the cable with a description in English OR with a reference to a wire designation on a wiring diagram. These diagrams must be part of the Project documentation submitted to the Owner at time of acceptance. e. Each device shall meet all of its published manufacturer’s specifications. Bidder shall verify all devices meet applicable performance requirements. C. DETAILED SPECIFICATIONS AND SCOPE OF WORK The following outlines the turnkey delivery and installation responsibilities for the Point of Sale System that define the project scope of work. Any and all work outlined in this section is the responsibility of the Provider unless otherwise noted. Provider is required to provide all labor, materials, tools, supervision and equipment to establish a full- functioning turnkey Point of Sale systems featuring, at a minimum, the following components and capabilities: 1. All-in-One Point of Sale Fixed Station/Register for Concession Stand and/or Restaurant Environment with Cash Drawer and Receipt Printer (Hardware) as follows: a. Bypass Clover 2 Station/Register (or approved equivalent) with the following components: a) Integrated Screen/Monitor: 1. 14” HD Color; 2. Touch Screen; 3. Brushed Aluminum Housing 4. Swivel Neck. b) Integrated Payment Handling: 1. Magnetic swipe card reader; 2. Chip Card (EMV) 3. Gift Cards; 4. Cash, 5. Checks. c) Communications Hub:

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

1. Four (4) Type A USB Ports; 2. One (1) Ethernet Port; 3. Two (2) Cash Drawer Ports. d) Internet Connectivity: 1. Wired – Ethernet; 2. Wireless-enabled 802.11 a/b/g/n. e) Power Source – single cord from printer; f) Battery Back-up – up to 4 hours on a single charge. g) Integrated Cash Drawer: 1. Brushed Aluminum Housing 2. 16.5” x 16.5”; 3. Power Source – Single Cord from Printer. h) Integrated Thermal Receipt Printer: 1. Brushed Aluminum Housing 2. Maximum Countertop Space: 7” x 7”; 3. Power Source: Standard 110V power source – provides power and connectivity to Station/Register and Cash Drawer. 2. Mounting Pedestal for Fixed Station/Register to be used in a Fixed Concession Stand and/or Restaurant environment. Pedestal must provide anti-theft component in all fixed locations. 3. All-in-One Point of Sale Mobile Device with Integrated Payment Handling and Receipt Printer (Hardware) as follows: a. Bypass Clover Flex Handheld Device (or approved equivalent) with the following components: a) Physical Attributes: 1. Brushed Aluminum Housing 2. Dimensions: maximum 8”L x 3.5”W x 2”D 3. Weight: maximum 1.5 lbs. b) Display/Screen: 1. Size: minimum 5”L; 2. Color with minimum 1280x720 Resolution; 3. Antimicrobial Corning Gorilla Glass with enhanced impact (drop) performance. c) Integrated Payment Handling: 1. Magnetic swipe card reader; 2. Chip Card (EMV); 3. Contactless (NFC). d) Internet Connectivity: 1. Wi-Fi enabled 802.11 a/b/g/n; 2. Mi-Fi enabled 3. LTE ready. e) Power Source – Built-In 2100 mAH Lithium Battery – supports up to 8 hours of use on a single charge. f) Thermal Receipt Printer: 1. Built-In; 2. Uses 2.25” x 50’ Thermal Receipt Paper.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

4. ALTERNATE 1 – Kitchen Display System for Restaurant Environment including the following components (Hardware): a. Display Controller (Bypass KDS or approved equivalent) a) Dimensions: maximum 6”L x 5.1” W x 1”D b) Weight: maximum 2.2 lbs c) Ports: 1. 6-pin for Bump Bar or Keyboard 2. VGA 3. 5V Power Adapter 4. USB 2.0 – Two (2) Front and One (1) Back 5. Ethernet 6. Micro USB 7. Audio Out 8. Mic In (Internal Buzzer) d) Internet Connectivity – 10/100 Ethernet e) Display Support for: 1. Non-Touch Display (requires Bump Bar) 2. Bematech LE1015, LE1015W, and LE1017 Touch Monitors 3. ELO 2201L Touch Monitors b. LED Touchscreen Monitor: a) ELO Touchscreen 2201L (or approved equivalent) b) 21.5” (22” Diagonal ) c) Wide Aspect (16x9) d) Minimum Resolution: 1920x1080 e) Projected Capacitive (PCAP) 10-touch f) Dimensions: Maximum 21.7”W x 15.4”H x 7.6”D g) Mounting Options: 1. VESA 4-hole 100mm Mounting Interface on Rear of Unit 2. 4-hole 200x100mm threaded mounting on bottom of Unit h) Ports: 1. Analog VGA input 2. Digital DVI input 3. 3.5mm TRS Audio input 4. 3.5mm TRS Audio output 5. USB (Touch Controller) 6. Power c. Bump Bar: a) Physical Attributes: 1. Weight With Bracket: Maximum 1.4 lbs 2. Dimensions: Maximum With Bracket: 9.25”W x 3”H x 1.25”D 3. Keys: a. 17 Stainless Steel dome disks b. Up to 119 characters per key with programmable inter- string delays 4. Ports: a. RJ11 Female to computer b. RJ11 Female to keyboard

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

5. POS Software for Sports and Entertainment Venues (Bypass SaaS Subscription or approved equivalent) with minimum System Requirements as follows: a. All credit card transactional software must be PCI compliant. b. Integrated credit card authorization and settlement. System must automatically batch and settle credit cards at the end of the night with no human interaction. c. Software must provide a complete enterprise solution to include the following functions: a) Provide API to interface with Client Data warehousing system b) Provide inventory control by point of sale location and by product code. d. Software capable of processing a loaded ticket, coupon, or gift card, additionally must be able to read from mobile device. e. Each POS location must be individually addressed and data segmented by location. f. Software must allow for programmable menu changes during an event as well as variable pricing. g. Exportable reports to show, sales, inventory, coupon usage, gift card and loaded ticket redemption. h. Complete event accounting reports to include, over/short, cash room balancing and product category, i. Module to accept sales deposits during event. j. Software must be mature in its current operating system format, aggressively updated and have a minimum of 3 successful reference sites of similar configuration. k. Software must support multiple security access levels based on user profiles. Security must be structured to allow access to only certain parts of the system, but shall also be able to restrict those parts to full access read only. 6. Back of House (BOH) Software Module for Standsheet Management and Reconciliation (Bypass or equivalent) 7. Credit Card Secure Gateway (includes secure P2PE decryption) 8. Functional/Performance Requirements for the Integrated Hardware and Software System: a. POS unit must be full touch screen devices for unlimited programming of keys for menu items and functions in concessions. Menu changes must be dynamic and must not require changing a physical template on the device. b. POS units must be easily relocated from stand to stand by simply changing revenue center on the unit. c. Magnetic card readers must be an integrated part of POS unit. d. Units must have speed key functions. e. Each POS unit should have its own ID to identify within the server. f. Ensure that levels and impedances are properly matched between components. g. Provide integration with client provided backbone. h. Provide all required permits and licenses. i. Provide on-site installation supervisor.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

j. Coordinate work with other trades and coordinate scheduling with the construction supervisor to minimize delays. k. Deliver all Equipment to site and convey to appropriate locations within site as directed by Owner. l. Store all Equipment in a safe and secure manner until installed, or as otherwise directed by Owner. m. The system must be able to provide the following functionality via hardware or software design: a) Provide an interface to a digital menu board via hard connection and software to support programming and menu changes by product and by price. b) Provide the ability for the system to export various reports in numerous formats. c) The system must be able to read a bar code to load a ticket, as well as gift card functions. d) Expansion system must be expandable to support interface with mobile devices. e) In-seat service functionality and in suite I pad/tablet ordering capability in expansion. D. DELIVERY REQUIREMENTS 1. Proposed delivery dates shall be stated in number of calendar days after receipt of order. 2. All prices shall be quoted furnished and installed (if applicable) FOB Destination, Freight Prepaid, to the Hoover Met Complex, City of Hoover, 1000 RV Trace, Hoover, AL 35244. Unit prices quoted must include any and all shipping and handling charges. Any freight claims will be the responsibility of the Bidder. The successful Bidder must transport, at the time of set-up, the equipment and supplies necessary for this installation. 3. Include with your bid response complete details of your company’s Return Merchandise policy, including, but not limited to, amount of any restocking fee required, procedures, limitations, contact person and phone number. Failure to include this information may be grounds to disqualify your bid from consideration. E. QUALITY ASSURANCE 1. All requirements of the latest published editions of the following standards shall apply, unless otherwise noted. In the event of conflict between cited or referenced standards, the more stringent shall govern. a. National Electric Code (NEC) b. National Electrical Manufacturers Association (NEMA) c. American National Safety Institute (ANSI) d. Occupational Safety and Health Administration (OSHA) e. Underwriters Laboratories (UL) f. Federal Communications Commission (FCC) Rules and Regulations, Part 76 g. American Society of Testing Materials (A.S.T.M.) h. Electronic Industries Association (E.I.A.) 2. Verify all dimensions and site conditions prior to starting work.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

3. Coordinate the specified work with all other trades. 4. Maintain a competent supervisor and supporting technical personnel acceptable to the Owner during the entire installation. Change of supervisor during the project shall not be permitted without prior written approval from the Owner. 5. Provide all items not mentioned in the specifications that are necessary, required or appropriate for this work to realize a complete and fully operational system that performs in stable and safe manner. 6. Review project documentation and continuously make known any conflicts discovered and provide all items necessary to complete this work to the satisfaction of the Owner without additional expense. In all cases where a device, item or equipment is referred to in singular number or without quantity, each such reference shall apply to as many such devices or items as are required to complete the work. 7. Regularly examine all construction, and the work of others, which may affect Provider’s work to ensure proper conditions exist at site for the equipment and devices before their manufacture, fabrication or installation. 8. Contractor shall be responsible for the proper fitting of the systems, equipment, materials, and devices provided as part of this work. 9. Promptly notify the Owner in writing of any difficulties that may prevent proper coordination or timely completion of this work. Failure to do so shall constitute acceptance of construction as suitable in all ways to receive this work, except for defects that may develop in the work of others after its execution. 10. After installation, submit photographs showing cable entries and terminations within equipment racks, enclosures and pedestals at the job site. F. FINAL ADJUSTMENT AND COMMISSIONING 1. Schedule a time for the Owner and Contractor to perform the Final Adjustment and Commissioning. Notify the Owner at least seven (7) days in advance. 2. Furnish a technician who is familiar with the system to assist the Contractor during the Final Adjustment and Commissioning. 3. Record final settings on all equipment and submit with contract closeout documents. G. TESTING AND ACCEPTANCE 1. Provider must demonstrate the full capabilities of the provided systems and prove performance meets contractual specifications. 2. Confirmation will be required of, but not limited to, the following functions: operation of each system component including back-up systems, control functionality, and integration with existing systems. 3. Provider must provide all necessary testing equipment for testing. 4. Upon notice from the Provider of substantial completion and at a time to be mutually agreed upon, the Provider will arrange for the testing of all operations of the systems comprised in scope of work at the time of substantial completion. 5. Tests of the system shall not occur until after the system has been installed, and all work completed. 6. The Provider shall document all testing, calibration and correction activities, including but not limited to the following information: 7. Performance date of the given procedure. 8. Condition of performance of procedure.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

9. Type of procedure, and description. 10. Parameters measured and their values, including values measured prior to calibration or correction, as applicable. 11. The names of personnel conducting the procedure. 12. The equipment used to conduct the procedure. 13. Upon completion of initial tests and adjustments, submit written report of tests to the Owner along with all documents, diagrams, and recorded drawings required herein. H. FINAL CLOSEOUT PROCEDURES 1. Perform any and all “punch-list” work to correct inadequate performance or unacceptable conditions, as determined by the Owner, at no additional expense to the Owner. 2. Furnish all portable equipment to the Owner along with complete inventory documentation. All portable equipment shall be presented in the original manufacturers packing, complete with all included instructions, miscellaneous manuals, and additional documents. 3. Provide new acceptance testing in the same format as initial test reports. 4. Check, inspect, and if necessary, adjust all systems, equipment, devices and components specified, at the Owner’s convenience, approximately thirty (30) days after the Owners acceptance. 5. Upon completion of the Work, the Owner may elect to verify test data as part of acceptance procedure. Provide personnel and equipment, at the convenience of the Owner, to reasonably demonstrate system performance and to assist with such tests without additional cost to the Owner. 6. Acceptance of the system includes, but is not limited to, the completed installation of all physical components as well as proper system functionality. The following items must be completed successfully by the Owner before the Owner will deem the system as “Accepted”: 7. Three completed “Live” events with no equipment or system failures. 8. The Owner will not be responsible for any added costs as a result of an unsuccessful acceptance test. I. TRAINING 1. The Provider, at its own expense, will provide designated Owner employees’ operator and maintenance training. 2. Training will be performed at the site by a qualified technician and shall occur either during installation of the equipment or immediately thereafter. O&M Manuals shall be provided to Owner prior to training. 3. The training shall cover the operation, routine maintenance and troubleshooting of the Point of Sale system and control equipment. 4. Training shall consist of at least 24 hours (over the course of 3-5 days) of instruction. 5. Warranty period will commence at conclusion of the third consecutive successful event. J. WARRANTY 1. Provider shall warrant labor and materials for twenty-four (24) months following the date of Final Acceptance.

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

2. During the warranty period the system shall be free of defects and deficiencies and conform to the drawings and specifications with respect to the quality, function, and characteristics stated. 3. Provider shall repair or replace defects that occur in labor or materials within the warranty period. 4. On-site labor shall be included during the warranty period for any work beyond simple component replacement. Simple component replacement shall be defined as all equipment that does not require tools to perform the equipment replacement. 5. Failed parts shall be returned to the Provider for repair at a service facility located in the United States. Provider shall identify the location of its service facility in the documentation provided when submitting a bid for this work. 6. The Provider shall replace failed parts that cannot be repaired. 7. Upon receipt of a failed part, Provider shall return a repaired or replacement part to the Owner within fifteen (15) business days from receipt of failed part. 8. Provider shall supply at least one local service employee or local authorized service agent for service and repair of all equipment during the warranty period. Local service employee or local authorized service agent shall be located within 100 miles of Owner’s facility. 9. Warranty shall cover all equipment, including processors, controllers, operating systems, and software. K. ON-GOING SERVICE AND SUPPORT 1. Routine Service and Support: The local service employee or local authorized service agent shall be the entity responsible for providing the following emergency response availability: 2. Telephone service assistance and technical support from 8:00 am to 11:00 pm, Central Time, 7-days per week. 3. Answer all service calls and requests for information within one (1) hour during the warranty period. 4. The advance replacement should contain all of the shipping information and packaging necessary to return the defective part or assembly back to Contractor at no cost to the Owner. 5. Annual Maintenance Services: The Provider shall conduct annual on-site system check-ups and maintenance services to be performed by a qualified technician who is a full-time employee of the Contractor. Such visits are to occur approximately 2-3 weeks prior to the start of the second and third years of the Contract or as determined by Owner. On-site check-ups shall include all regular maintenance; including the cleaning all components, a complete inspection of all systems, parts replacement where required, and a complete and thorough written report of all work performed, check-up results, findings, and recommendations. 6. Special Service and Support Requirements: The Provider shall also include provide two (2) on-site industry professional POS system technicians during the annual Southeastern Conference (SEC) Baseball Tournament each year. Such technicians must have been properly trained and/or certified in the installation, set-up, configuration, and operation of the provided equipment and who shall be trustworthy, knowledgeable, and responsible for its proper set-up and operation. At least one of the professional technicians must be on-site each day of the event during the period

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

beginning one hour before the first game is scheduled to begin and ending one hour after the last game has finished. NOTE: It is required that the on-site representatives must be available via cell phone on a 24 hour basis for the duration of the SEC Baseball Tournament in case of emergency.

End of Specifications and Scope of Work Section V. SUBMITTAL CHECKLIST FORM

A. REQUIRED FULLY-COMPLETED ORIGINAL DOCUMENTS THAT MUST BE SUBMITTED IN PAPER FORM  Hoover Bid #19-010 Price Proposal Form  Hoover Bid #19-010 Bid/Proposal Submittal Agreement  Hoover Bid #19-010 Specifications Compliance Form  “EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS” (if needed)  Bidder Qualifications Statement  Bidder References  Specification Sheets for Products/Goods to be Provided  Warranty Information  On-Going Service and Support Information

B. ADDITIONAL MATERIALS THAT MAY BE INCLUDED IN YOUR BID SUBMITTAL PACKAGE  Sales Brochures and Marketing Materials  Documentation Supporting Proof of Performance  Other Materials that Document the Suitability of Products/Goods in Meeting the Needs of the City of Hoover.

End of Submittal Checklist Section

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

VI. PRICE PROPOSAL FORM

Item Description Price Each Quantity Extended Price All-in-One Point of Sale Fixed Station/Register for Concession Stand and/or Restaurant Environment with Cash Drawer and Receipt Printer, as specified; (Bypass $ 24 $ Clover 2 Station/Register or approved equivalent) Mounting Pedestal for Fixed Station/Register to be used in a Fixed Concession Stand and/or Restaurant environment $ 24 $ All-in-One Point of Sale Mobile Device with Integrated Payment Handling and Receipt Printer as specified; (Bypass Clover Flex Handheld Device or approved $ 10 $ equivalent) POS Software for Sports and Entertainment Venues (Bypass SaaS Subscription or approved equivalent); $ 34 $ Annual Fee per POS Device BOH Standsheet and Reconciliation Software; Annual Recurring Cost; as specified (Bypass or equivalent) $ 1 $ Credit Card Secure Gateway Costs including secure P2PE decryption; Annual Recurring Cost $ 1 $ Initial Set-up by technicians on-site; including Installation, Programming, Configuration, Testing, and Training as Lump specified and required to successfully launch and operate $ Sum $ the system Special Live Support for Three Events, as specified; Fee $ 3 $ per event including maximum travel expenses Other (describe): $ $

TOTAL BASE BID PRICE (SUM OF ALL EXTENDED PRICES) $

ALTERNATE 1 – Kitchen Display System for Restaurant Environment including Display Controller, LED 1 Touchscreen Monitor, and Bump Bar, as specified; $ $ (Bypass KDS or approved equivalent) GRAND TOTAL BASE BID PRICE PLUS ALTERNATE 1 $

NOTE: Prices shall include delivery to location(s) stipulated by the City of Hoover

Company Name______Signature______

Authorized Official’s Title ______Date______

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

VII. SPECIFICATIONS COMPLIANCE FORM

INSTRUCTIONS: COMPLETE THIS PAGE. PLACE IT DIRECTLY BEHIND THE PROPOSAL AGREEMENT FORM.

Please select the appropriate response regarding your Bid:

 Yes, the product/system/solution for which I have submitted this Bid are in full compliance with all specifications described herein.

 No, the product/system/solution for which I have submitted this Bid/Proposal IS NOT in full compliance with all specifications and I have attached a document entitled “EXCEPTIONS AND ALTERNATES TO SPECIFICATIONS” to describe, in detail, how the proposed product/system/solution differs from the specified product/system/solution.

Company Name______Signature______

Authorized Official’s Title ______Date______

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

X. BID/PROPOSAL SUBMITTAL AGREEMENT INSTRUCTIONS: COMPLETE AND NOTARIZE THIS PAGE. PLACE IT DIRECTLY BEHIND THE PRICE PROPOSAL FORM.

AGREEMENT: The undersigned hereby offers and agrees to furnish the proposed materials and/or services in compliance with all terms, scope of work, conditions, specifications, and amendments within this Bid which is incorporated by reference as if fully set forth herein. The undersigned further agrees to honor the prices, attached hereto, throughout the specified term of this agreement. The following language is required by § 31-13-9 (k) Code of Alabama 1975 to be placed in all contracts covered by the Act: “By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

AGREED, BY:

BIDDER/COMPANY NAME: ______

ADDRESS: ______

______

TELEPHONE #: ______MOBILE PHONE #: ______

EMAIL: ______FAX #: ______

______Name of Authorized Company Official (Print or Type) Signature

______Authorized Official’s Title (Print or Type) Date

NOTARY:

Sworn to and subscribed before me on this date,______

NOTARY ______Notary’s Name (Print or Type) Signature of Notary Public SEAL My commission expires on ______(Date).

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City of Hoover, Alabama Invitation to Bid #19-010 Point of Sale System and Accessories (Software-as-a-Service Model)

XI. STANDARD BID BOND AND CONTRACT FORMS

The following forms are attached hereto:

A. STANDARD CITY OF HOOVER BID BOND FORM B. STANDARD CITY OF HOOVER CONTRACT FORM

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BID BOND FORM

The PRINCIPAL (Name and Address of the Bidder as it appears on the Bid Proposal):

The SURETY (Name of Surety and Principal Place of Business):

The CITY (City of Hoover, Alabama), located at (Address of City as it appears in the Contract): City Clerk’s Office, Hoover City Hall, 100 Municipal Lane, Hoover, Alabama 35216

The COMMODITY, SERVICES, OR CONTRACT WORK (Same Bid Title as it appears in the Bid Proposal):

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Principal and Surety, jointly and severally, hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the City in the PENAL SUM of five percent (5%) of the amount of the Principal’s bid, but in no event more than Ten-Thousand Dollars ($10,000.00).

THE CONDITION OF THIS OBLIGATION is that the Principal has submitted to the City the attached Bid Proposal, which is incorporated herein by reference, for the Commodity, Services, or Contract Work described above.

NOW, THEREFORE, if, within the terms of the Bid Documents, the City accepts the Principal’s bid and the Principal thereafter either: (a) Executes and delivers each of the following documents if required and as prescribed within the Bid Specifications and Conditions: (1) a Contract, (2) a Performance Bond, (3) a Payment Bond, and (4) Certificate of Insurance, or (b) Fails to execute and deliver such documents but pays the City the difference, not to exceed the Penal Sum of this Bond, between the amount of the Principal’s Bid and the larger amount for which the City may award a Contract for the same commodity, service, or contract work to another bidder, THEN, this obligation shall be null and void; otherwise, it shall remain in full force and effect.

THE SURETY, for value received, hereby stipulates and agrees that the obligation of the Surety under this Bond shall not in any manner be impaired or affected by any extension of the time within which the City may accept the Principal’s bid, and the Surety does hereby waive notice of any such extension.

SIGNED AND SEALED this ______day of ______, 20______.

ATTEST by: BIDDER as PRINCIPAL by:

______Signature Signature Name and Title (Printed or Typed):

______

ATTEST by: SURETY by:

______Signature Signature Name and Title (Printed or Typed):

______

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CONTRACT FORM

This Contract is entered into on this ______day of ______, 20______between the CITY of HOOVER, ALABAMA, a municipal corporation located at: City Clerk’s Office, Hoover City Hall, 100 Municipal Lane, Hoover, Alabama 35216 and the CONTRACTOR (Name, Address and Licensing Information of the Contractor):

for the PRODUCTS AND SERVICES identified as (Same Title as it appears in the Bid Proposal):

CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. The CONTRACT DOCUMENTS include, by reference, the following documents which are incorporated with this agreement as if included herein: Notice to Contractors, Advertisement for Bids, Invitation to Bid Instructions to Bidders Conditions of the Contract (General, Supplemental, and Other Conditions) Specifications (including Drawings, Diagrams and Exhibits) Bid Proposal and Pricing Sheets List of Exceptions and Alternates Bid Bond (if required) Performance Bond (if required) Payment Bond (if required) Contract Contract Change Orders 2. The SERVICES (hereafter referred to as the “Work”) shall be performed by the Contractor in accordance with the Contract Documents. The City will pay and the Contractor will accept, as full Compensation for such performance of the Work, the Contract Sum subject to additions and deductions as provided in the Contract Documents. The Work shall commence and end on the dates specified below in the section entitled Contract Time/Term. 3. The CONTRACT TIME/TERM shall be as follows:

Beginning on ______and

Ending on ______.

The Contract Time/Term may be extended upon mutual agreement between the City and Contractor. 4. The COMPENSATION for the Work shall be:

CONTRACT SUM: $______Payable in accordance with Specifications and receipt of a detailed monthly invoice.

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5. COUNTERPARTS: The City and Contractor have entered into this Contract as of the date first written above and have executed this Contract in sufficient counterparts to enable each contracting party to have an originally executed Contract document each of which shall, without proof or accounting for the other counterparts, be deemed an original thereof. 6. IMMIGRATION LAW COMPLIANCE REQUIREMENT: By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. 7. SPECIAL PROVISIONS, if any, may be inserted here or attached, as described, hereto: ______

Agreed by CITY: Agreed by CONTRACTOR:

______Signature Signature

Name (Printed or Typed): ______Name (Printed or Typed): ______

Title (Printed or Typed):______Title (Printed or Typed):______

Date Signed:______Date Signed:______

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