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									Everett Public Facilities District
REQUEST FOR PROPOSALS
 Proposal No. 2003-609-EPFD
     Point-of-Sale System
            for the
    Everett Events Center
                                                               TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................................................1
PURPOSE.............................................................................................................................................................................1
FACILITY DESCRIPTION .................................................................................................................................................1
MANAGEMENT .................................................................................................................................................................2
SCOPE OF WORK ..............................................................................................................................................................2
PRICING ..............................................................................................................................................................................2
SYSTEM REQUIREMENTS...............................................................................................................................................2
FUNCTIONAL REQUIREMENTS .....................................................................................................................................3
POS/CASHIER STATIONS: POS FUNCTIONAL REQUIREMENTS ............................................................................3
POS/CASHIER STATIONS: DATA NETWORK/COMMUNICATION REQUIREMENTS ..........................................5
POS/CASHIER STATIONS: ENVIRONMENTAL AND PHYSICAL REQUIREMENTS .............................................6
INVENTORY CONTROL & EVENT ACCOUNTING SOFTWARE: PHYSICAL INVENTORY FUNCTIONS .........6
INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: PURCHASING FUNCTIONS ......................7
INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: EVENT ACCOUNTING FUNCTIONS .......7
INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: OTHER..........................................................8
R.F.P. CONTENT ................................................................................................................................................................9
COMPANY IDENTIFICATION .........................................................................................................................................9
DESCRIPTION OF COMPANY .........................................................................................................................................9
COMPANY SUPERVISION AND MANAGEMENT ........................................................................................................9
SUPERVISION ....................................................................................................................................................................9
TRAINING...........................................................................................................................................................................9
CURRENT AND COMPLETED CONTRACTS ................................................................................................................9
REFERENCES .....................................................................................................................................................................9
FINANCIAL STATEMENT ................................................................................................................................................9
BUSINESS RELATED AWARDS/CITATIONS................................................................................................................9
NON-COLLUSION AFFIDAVIT......................................................................................................................................10
PAYMENT TERMS...........................................................................................................................................................10
SAMPLE AGREEMENTS.................................................................................................................................................10
RFP COORDINATOR .......................................................................................................................................................10
PROPOSAL CERTIFICATION.........................................................................................................................................10
BID BOND.........................................................................................................................................................................10
PERFORMANCE BOND ..................................................................................................................................................10
PROPOSAL RESPONSE DATE AND LOCATION ........................................................................................................11
MULTIPLE PROPOSALS.................................................................................................................................................11
PROPOSAL PRESENTATION AND FORMAT REQUIREMENTS ..............................................................................11
WAIVER OF MINOR ADMINISTRATIVE IRREGULARITIES ...................................................................................11
SINGLE RESPONSE .........................................................................................................................................................11
PROPOSAL REJECTION .................................................................................................................................................11
WITHDRAWAL OF PROPOSALS...................................................................................................................................11
NON-ENDORSEMENT ....................................................................................................................................................12
PROPRIETARY PROPOSAL MATERIAL ......................................................................................................................12
RESPONSE PROPERTY OF THE EVERETT PUBLIC FACILITIES DISTRICT .........................................................12
NO OBLIGATION TO BUY .............................................................................................................................................12
COST OF PREPARING PROPOSALS .............................................................................................................................12
NUMBER OF PROPOSAL COPIES REQUIRED............................................................................................................12
ERRORS IN PROPOSAL ..................................................................................................................................................12
THIRD PARTY VENDOR ................................................................................................................................................13
NECESSARY ANCILLARY EQUIPMENT AND SOFTWARE .....................................................................................13
CONDITION OF PROPOSED EQUIPMENT...................................................................................................................13
CONFIGURATION ADJUSTMENT WITH CONTRACT...............................................................................................13
EQUIPMENT DELIVERY ................................................................................................................................................13
DOCUMENTATION .........................................................................................................................................................14
INSTALLATION ASSISTANCE ......................................................................................................................................14
TRAINING.........................................................................................................................................................................14
VENDOR INFORMATION REQUIREMENTS ...............................................................................................................14
CUSTOMER REFERENCES ............................................................................................................................................14
PRICING INFORMATION ...............................................................................................................................................14
CONTRACT AWARD AND EXECUTION .....................................................................................................................14
PROPOSAL SCHEDULE ..................................................................................................................................................15
EVALUATION CRITERIA...............................................................................................................................................15
VENDOR PRODUCT PRESENTATIONS .......................................................................................................................17
CUSTOMER SITE VISITS................................................................................................................................................17
TAXES AND FEDERAL EXCISE TAX...........................................................................................................................17
DELIVERY ........................................................................................................................................................................17
DELIVERY TIME .............................................................................................................................................................17
PAYMENT.........................................................................................................................................................................17
LIST OF SUBCONTRACTORS........................................................................................................................................18
LIQUIDATED DAMAGES ...............................................................................................................................................18
ADDENDA ........................................................................................................................................................................18
BID SUBMITTAL .............................................................................................................................................................18
TAXABLE ITEMS TO BE SEPARATED FROM NON-TAXABLE ITEMS..................................................................19
BRAND NAMES USED IN THIS SPECIFICATION ......................................................................................................19
STANDARD TERMS AND CONDITIONS .....................................................................................................................20
REFERENCES:..................................................................................................................................................................26
DESCRIPTION OF COMPANY .......................................................................................................................................28
COMPANY SUPERVISION AND MANAGEMENT ......................................................................................................28
SUPERVISION ..................................................................................................................................................................28
CURRENT AND COMPLETED CONTRACTS ..............................................................................................................29
BUSINESS RELATED AWARDS/CITATIONS..............................................................................................................29
TRAINING.........................................................................................................................................................................29
DISCONTINUED INSTALLATIONS ..............................................................................................................................29
PRICE SUBMITTAL SHEET – OPTION A – EQUIPMENT PURCHASE.....................................................................30
NO BID FORM ..................................................................................................................................................................32
NON COLLUSION CERTIFICATION.............................................................................................................................33
LIST OF SUBCONTRACTORS........................................................................................................................................34
                                   Everett Public Facilities District
                                   REQUEST FOR PROPOSALS
                                    Proposal No. 2003-609-EPFD
                                    Point-of-Sale System for the
                                       Everett Events Center


INTRODUCTION

Sealed proposals will be received by the Everett City Clerk, 1st Floor, 2930 Wetmore Avenue, Everett,
Washington 98201 until 2:00 p.m., Tuesday, August 5, 2003, for the purchase of a Point-of-Sale
System for the Everett Events Center.


PURPOSE

The Everett Public Facilities District requires a complete and integrated hardware and software solution
for the management of a Point-of-Sale (POS) system for food service operation at the Everett Events
Center.


FACILITY DESCRIPTION

The Everett Events Center will provide for a range of sports, entertainment, trade show, meeting
activities and events such as professional sports, music concerts, family shows and exhibition sports,
trade shows and consumer shows, conferences and conventions, and community events and
graduations. The facility will be the home for the Western Hockey League’s Everett Silvertips and will
provide for the following uses and capacities:

   •   A professional hockey rink with seating for 8,250 fans (including 20 private suites);
   •   The arena is convertible to other entertainment functions, including a concert setting with
       seating for 10,000 fans;
   •   Additional sports events, including basketball, arena football, arena soccer, volleyball, and
       boxing will be accommodated;
   •   57,000 square feet of “flat floor” exhibition space;
   •   12,000 square foot divisible ballroom plus four additional smaller meeting spaces; and
   •   Tenant spaces, a portion of which has been leased by the Everett Chamber of Commerce.

In addition, the facility includes space for broadcast vehicles, two truck loading docks, back-of-house
facilities (marshalling, storage and maintenance areas), concourse area, building systems, and normal
accessory functions typical of multi-purpose event centers.

A second sheet of ice and accessory space for team practice and public skating activities totaling
approximately 30,000 square feet is also provided. Therefore, the total building area, including the
second sheet of ice and conference building, is approximately 300,000 square feet and covers two full
city blocks bordered by Hewitt Avenue, Broadway Avenue, Wall Street and Oakes Street in Downtown
Everett.

The Center is scheduled to open October 1, 2003.

The Everett Regional Special Events Center is located at 2000 Hewitt Avenue, Everett Washington,
98201.


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MANAGEMENT

The Everett Public Facilities District is the owner of the Center and has contracted with Global
Spectrum for comprehensive private management services.

Global Spectrum specializes in providing management and consulting services in the public assembly
facility management industry. Global Spectrum is owned by Comcast Spectator and provides
management and consulting services to clients across Canada, the United States and in Southeast
Asia.

In addition to the Everett Events Center, Global Spectrum manages the Whittemore Center Arena -
University of New Hampshire, Sovereign Bank Arena - Trenton, New Jersey, Harborview Centre –
Clearwater, Florida, James L. Knight International Center – Miami, Florida, First Union Center –
Philadelphia and First Union Spectrum – Philadelphia, Pennsylvania, Pueblo Convention Center –
Pueblo, Colorado, University of Rhode Island Convocation Center & Ice Facility - Kingston, Rhode
Island, and Allentown Sports & Entertainment Arena Allentown, Pennsylvania.

The Everett Public Facilities District has contracted with Centerplate (formerly Volume Services) for the
provision of food services (concessions and catering).


SCOPE OF WORK

The base proposal shall include the design, coordination, supply, installation and testing of the
complete Point-of-Sale System for the District and Global Spectrum.

The proposer's response should include the point of manufacture of each major component of the
Point-of-Sale System.

In the response to the RFP, the proposers are required to indicate whether the equipment and
replacement parts are generic or propriety by nature.

The scope of work also includes all necessary equipment and other equipment as needed to provide a
turnkey installation and system.

The system shall include a one year warranty on all hardware and software support.

PRICING

Provide itemized pricing on all necessary equipment and services.

•   All servers, workstations, and printers quoted as separate line items.
•   Installation and training quoted as separate line items.

Proposals that do not contain itemized component pricing requirements will not be accepted.


SYSTEM REQUIREMENTS

•   46 permanent points-of-sale in fixed concession stands
•   2 networked points-of-sale in the View Lounge space (main arena, concourse level)
•   5 networked points of sale in the Club Lounge and buffet space on the suite level.

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•     12 portable carts requiring stand-alone terminals, capable of downloading event sales data to the
      main server through a standard RJ45 connection
•     6 hand-held terminals for in-seat services.
          Hand-held terminals to accept credit cards as well as membership cards, fan cards, and loyalty
          cards.
          Hand-held terminals to operate from bar code scanners
•     4 back of house printers, each networked POS
•     1 receipt printer for every 2 fixed points-of-sale. No printers are required for portable units
•     3 manager workstations


FUNCTIONAL REQUIREMENTS

POS/CASHIER STATIONS: POS FUNCTIONAL REQUIREMENTS

1.     POS units are to be used for customer transactions and for closing data entry for inventory
       counts.

2.     POS unit must have a minimum of 70 user programmable keys for menu items in concessions
       and a minimum of 100 user programmable items for restaurants and bars. Key templates must be
       able to be reproduced on standard computer equipment.

3.     Keys must be able to be preset to a specific menu item and price.

4.     POS units in same stand must have same menu, different stands may have different menus.

5.     Menus and pricing must be maintained on a central database with loading to POS to occur on
       demand or each event with the process taking no more than five minutes for the entire POS
       network.

6.     POS units must be able to be cleared in preparation of a new event from a central location, and
       locally from the POS keyboard.

7.     POS units must have a minimum of three security levels: low level for cashiers to process orders,
       data entry level for key entry of closing credits, and supervisory level for sales total lookups and
       maintenance functions.

8.     POS units must be easily relocated from one stand to another by simply reloading a new menu of
       sales items, in order to satisfy varying demands of functions and events, promotions, portable
       carts and remote kiosks.

9.     Magnetic card readers must be an integrated part of the POS unit.

10.    POS must have the following standard function keys:

                 FAST PLU KEYS                PLU ENTRY KEY
                 CANCEL ITEM                  CANCEL ORDER
                 SUBTOTAL                     TOTAL
                 REVIEW                       AMOUNT TENDERED/CHANGE
                 CLEAR                        HOLD/RECALL SALE

       Speed Keys with assigned tendered amount (i.e. $5, $10, $20, $50, $100). Each key or keypad
       must be capable of being configured for the full range of key options, remotely via a central
       location.
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11.   POS must be able to record the receipt of payment in cash, credit card, or magnetic stripe debit
      card.

12.   Split tenders and multiple card transactions are required for debit card transactions only.

13.   POS must have the capability of discounting selected sales based upon one of two percentage
      levels authorized in the central system or based on the use of discount cards.

14.   POS units must connect to an electronic cash drawer that opens when the TOTAL key is pressed,
      and which prevents the cashier from making additional sales when the drawer remains open.

15.   Each POS unit must have certain performance “lookup” functions including, but not limited to:
         TOTAL SALES $
         TOTAL SALES by TENDER TYPE
         TOTAL SALES UNITS by ITEM KEY

16.   POS must be capable of processing an “in house” charge or debit card program for customers.
      Must be able to support stored table or tab charges, accessible from any unit in the same location.

17.   Units must support sales to specified customer accounts (i.e. owners, VIP accounts) by way of
      magnetic swipe card. Units should also have the capability to make payments to those accounts,
      and to check balances.

18.   Units must have the ability to change prices in the event of a magnetic card swipe, based on the
      type of card swiped (i.e. VIP, member, or employee meals). If a fixed price award is made for
      employee meals, certain products must be automatically disabled when the card is swiped to
      avoid expenditure on such items as alcohol.

19.   If a printer is available, each POS must be able to locally print a sales report detailing the
      quantities of each item sold, and the total sales extended.

20.   All sales information must be available on the POS unit, and the central database system on
      demand.

21.   Sales reports from the POS unit must be available for specified intervals during an event, and
      such information must be archived for future reference following the close of the event. Each unit
      must be capable of paging back through at least the 100 previous sales in the event of a query on
      a sale. This procedure must be maintained even after sale may have been transmitted to the POS
      server.

22.   All transactions must be transferred, in detail, to the central database so that inventory can be
      tracked in real-time, and electronic journals built for all POS locations. System shall provide a full
      electronic journal for each transaction, with optional data appended for time, date, till number,
      cashier ID and membership number.

23.   Each unit must have a unique device ID to identify it to the POS server.

24.   Each transaction must be assigned a unique transaction number to assist in audit trail.

25.   POS units must be capable of holding and retrieving multiple sales so that a sale may be put on
      hold and another customer served in the event of a wait for product or while a sales query is
      resolved.


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26.   POS must connect to receipt printer, with one receipt printer required for every two fixed points of
      sale. Unit must be able to share any printer in the same location and printers must be able to be
      quickly reassigned in the event of a printer failure.

27.   Units must support multiple report printing of selectable plus i.e. kitchen printing.
28.   All keys should be capable of being protected by selective access by job description or password
      control.


POS/CASHIER STATIONS: DATA NETWORK/COMMUNICATION REQUIREMENTS

1.    Must be able to utilize Cat5 cable (shielded twisted pair copper), preferably in an Ethernet
      configuration. Devices should be IP addressable using standard Ethernet technology. No special
      termination requirements. Capable of running up to 5000 ft away from the POS server without
      degradation in performance.

2.    All connections must be done with standard jacks, switches and/or patch panels, and standard
      RJ45 connectors, with up to 30 terminals on one twisted pair of Cat5 cable. 10/100 switches are
      to be provided in the data closets for connectivity. All patch panels, connector blocks, ICMs, IDFs,
      cable terminations and other peripheral devices to complete the network are to be supplied.

3.    Must be networked to a central database in peer-to-peer configuration wherein each POS
      communicates directly with the POS server. POS devices must not be configured in a daisy chain
      configuration.

4.    All POS must operate independently, capable of running and storing event data as a freestanding
      unit:
          Must function in full operation with the POS server or network down
          A single POS failure must not affect any other POS or its ability to communicate with the POS
          server
          Must be able to maintain menus, pricing, and store summary transactions with POS server
          down
          Must be able to process cash transactions with server down.
          Must be able to function in the event of a power failure for a period of not less than one hour
          Once service returned, data must be downloaded to the server automatically without loss of
          definition

5.    Cabling must adhere to current standard topology with cables to each device from either a closet
      or a location in the concession stand.

6.    All switches and data transfer devices must be UPS protected.

7.    POS units must be addressable as recipients of a “broadcast” message, or as a member of a
      specified stand, or individually.

8.    Each unit must be capable of supporting the following optional peripheral devices:
         Data input devices such as magnetic stripe reader, proximity buttons
         Bar code scanner
         Docket and journal printer
         Remote customer display
         Multiple cash drawers




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POS/CASHIER STATIONS: ENVIRONMENTAL AND PHYSICAL REQUIREMENTS

1.    POS unit must have a small footprint and be of low profile, not to exceed 10” wide (cashier left to
      right) by 12” deep (cashier to customer) by 3” high. Size of individual keys shall be no smaller
      than 20 x 15 mm to allow easy operation and readable legends.

2.    Power: 120Volts AC using standard grounded duplex outlets
      Draw: Max. 0.75 amps per POS
      Power at POS: 5-12 Volts DC

3.    All cabling must be concealed from view, and secured from tampering by cashier or customer.

4.    POS units must be mounted on pedestals or platforms that elevate the device off the countertop
      so that food service space is preserved.

5.    POS units must be mountable on the front or back counter.

6.    Cash drawer must be mountable on top of the counter or underneath the concessions counter,
      either directly under the POS unit, or offset from the center of the POS unit.

7.    POS units must have two displays (cashier and customer) capable of displaying a continuous
      subtotal on both. Displays shall be backlit. A range of units must be available allowing a minimum
      of 2-line user display for Concessions and a minimum of 10-line user display for restaurants and
      bars.

8.    Magnetic card reader must be an integrated insertion reader.

9.    Magnetic card readers must be mounted so that the opening is horizontal to minimize potential for
      liquid intrusion.

10.   POS units must be splash proof, with a totally enclosed top surface, enabling the unit to withstand
      an accidental spillage of a full glass of liquid without damage resulting or interruption of operation.

11.   POS unit shall be able to withstand regular cleaning with industrial strength cleaning agents.


INVENTORY CONTROL & EVENT ACCOUNTING SOFTWARE: PHYSICAL INVENTORY FUNCTIONS

1.    Multiple location inventory system.

2.    All inventory transactions produce balanced debits and credits.

3.    Period end physical functions for printing worksheets for each inventory location, and
      corresponding posting of actual counts.

4.    Generate variance reports for posting GL Accounts.

5.    Purchase Order Subsystem:
         Generate Purchase Orders
         Post Receiving against Purchase Orders
         Create real-time debits/credits to perpetual inventory
         Generate transactions for Accounts Payable

6.    Inventory Distribution Subsystem:
          Transfer product from location to location
6
         Generate delivery tickets
         Post real-time debits/credits to perpetual inventory
         Track all product movement from receipt until product is sold or used

7.    Food Recipe Subsystem:
         Provide the means to record recipes for all items including proportions and costing
         Automatically update food cost based on usage and recipes
         Produce recipe book

8.    Provide inventory at cost reports on demand for any and all inventory locations.

9.    Provide electronic audit trails for all inventory transactions.

10.   All software to be in Windows format, using MS SQL2000, Windows 2000 or Windows XP.


INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: PURCHASING FUNCTIONS

1.    Maintain item lists by supplier.

2.    Create/Modify/Print Purchase Orders.

3.    Process receipt of product with real-time stock and cost updates.

4.    Purchase Order reports by item, supplier, date.

5.    Goods received reports by item, supplier, date.

6.    Ability to flag items short in stock to meet anticipated needs.

INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: EVENT ACCOUNTING FUNCTIONS

1.    Manage location inventories by event.

2.    Provide capability to transfer product on picking tickets.

3.    Real-time inventory debits/credits.

4.    Provide stand sheet system for concession stand transactions.

5.    Cash room module to accept sales deposits during event.

6.    Complete event accounting reports detailing:
         Sales by stand/item
         Sales by stand
         Over/short
         Consolidated sales for the facility
         Net sales and tax obligations
         Cash room balancing report
7.    Sales by Company and Product Category.




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INVENTORY CONTROL AND EVENT ACCOUNTING SOFTWARE: OTHER

1.    Software must be mature in its current operating system format, be aggressively updated and
      have a minimum of 3 successful reference sites of similar configuration.

2.    Software must be fully integrated so that sales and inventory data from concessions, suite
      catering, fine dining, bars and in-seat service can be contained in a single report.

3.    Must be event or day driven, with ability to have multiple events open concurrently.

4.    Interface capabilities must be available in various formats such as flat text file, XML, DLL.

5.    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 or read only.

6.    Credit card software must fully integrate with all POS and shall be available as dial in or web
      based DSL. It must also interface with a wide range of credit card and gift transaction processors.

7.    Ability to update software in all locations from one central point.

8.    Multiple warehouses per location.

9.    Concessions:
         Full cash room facilities with entry at concession or till level and break down by cashier
         Full reporting capability with physical, till, and cash sale variations, with ability to drill down to
         full cashier audit
         Search for individual transactions by till, sale ID, credit card, quantity or price
         Ability to perform pre-event and event day orders and stock requests generated at the till
         Employee meals should be tracked by individual employee by day, month, year (amount
         spent, product purchased) with optional use of employee swipe card

10.   Vending:
         Full commission setup variable by product and vendor
         Allow first product shipment on credit
         Full vendor commission report by event or date range

11.   Suite Catering:
          Support multiple customers per suite
          Multiple service levels definable by order type and customer
          Full advance day, event day ordering with full customer summary, optional payment methods
          Ability to individually assign special items to products (i.e. cutlery, special side orders)
          Configurable product entry for special requirements that do not exist in system
          PAR level definition by suite
          Full aged accounts

12.   In Seat Service:
          Rugged, durable unit able to be dropped onto concrete surface from 4’
          Long battery life, with at least 6 hours at full operation and high contrast display
          Completely configurable menu by location
          Optional docket printing on handheld or remotely
          Ability to perform credit sales and membership sales
          Ability to charge to a table or finalize to cash, on-line credit card, seat number or account
          Full back office audit of each cashier or sale available at central location
          Ability to maintain an open check
8
R.F.P. CONTENT

The proposal response must contain the requested information. The District reserves the right to reject
any proposals that are incomplete. Proposers may, in addition to submitting a proposal as per the
required specifications listed below, also (but not instead) submit an alternate proposal if they feel they
can better serve the facility needs with an optional service that may be different from the stated
specifications.

COMPANY IDENTIFICATION

Provide the name, address and telephone number of the proposing company as well as the name,
address and telephone numbers of each of the owners of the company. If the company is a
corporation, the names and addresses of the principal shareholders and the corporate officers must be
provided.

DESCRIPTION OF COMPANY

Provide the history of the company, mission statement and/or goals and its future plans.

COMPANY SUPERVISION AND MANAGEMENT

List the qualifications of potential supervisor(s) who may be assigned to this account.

SUPERVISION

Describe the proposed methods of corporate supervision.

TRAINING

Provide information on the training provided for facility staff and administrative support. Provide
detailed information on reporting capabilities of system and suggestions to streamline and maximize
potential of system.

CURRENT AND COMPLETED CONTRACTS

List all current contracts as well as contracts completed in the last three years on comparable projects.
Include the dollar amount for each.

REFERENCES

Provide a list of at least five (5) references that the District or Global Spectrum may contact and whose
job site they may visit.

FINANCIAL STATEMENT

Finalists may be asked to provide a copy of their most recent annual report, 10K report, and 10Q
report. Once the financial information has been evaluated, these reports will be returned to the Bidder
and will not be retained by the EPFD nor become records of the EPFD.

BUSINESS RELATED AWARDS/CITATIONS

List any business awards or citations that the company has received.

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NON-COLLUSION AFFIDAVIT

Submit a non-collusion affidavit signed by an official of the company. The affidavit must state that the
proposer has not itself and/or has not caused another proposer to submit a collusive bid of any type.

PAYMENT TERMS

List the proposed payment terms for services provided.

SAMPLE AGREEMENTS

Submit examples of any and all warranties, maintenance agreements, software licenses, or any other
agreement that would apply to the equipment and services proposed.


RFP COORDINATOR

Upon release of this Request for Proposals (RFP), all vendor communications concerning this
acquisition must be directed to the RFP Coordinator listed below. Unauthorized contact regarding the
RFP with other District employees may result in disqualification. Any oral communications will be
considered unofficial and non-binding on the District. Vendors should rely only on written statements
issued by the RFP Coordinator.

                                        Clark Langstraat, C.P.M.
                                          City of Everett, Buyer
                                            3200 Cedar Street
                                            Everett WA 98201
                                        Phone: (425) 257-8840
                                          Fax: (425) 257-8864
                                   email: clangstraa@ci.everett.wa.us


PROPOSAL CERTIFICATION

The vendor must certify in writing that all vendor proposal terms, including prices, will remain in effect
for a minimum of 60 days after the Proposal Due Date, that all proposed hardware and system
software has been operational at a non-vendor owned customer site for a period of 90 days prior to the
Proposal Due Date, that all proposed capabilities can be demonstrated by the vendor, and that the
proposed hardware and system software is currently marketed and sold.


BID BOND

A bid bond is not required.


PERFORMANCE BOND

A Performance Bond will not be required.




10
PROPOSAL RESPONSE DATE AND LOCATION

The vendor's proposal, in its entirety, must be received by the Everett City Clerk not later than 2:00
p.m., Pacific Time in Everett, Washington, August 5, 2003. Proposals arriving after the deadline will be
returned, unopened, to their senders. All proposals and accompanying documentation will become the
property of the District and may not be returned.

Vendors assume the risk of the method of dispatch chosen. The District assumes no responsibility for
delays caused by any delivery service. Postmarking by the due date will not substitute for actual
proposal receipt. Late proposals will not be accepted nor will additional time be granted to any vendor.
Proposals may not be delivered by facsimile transmission or other telecommunication or electronic
means.


MULTIPLE PROPOSALS

Vendors interested in submitting more than one proposal may do so, providing each proposal stands
alone and independently complies with the instructions, conditions and specifications of the RFP.


PROPOSAL PRESENTATION AND FORMAT REQUIREMENTS

Proposals are to be prepared on standard 8 1/2" x 11" paper. Foldouts containing charts,
spreadsheets, and oversize exhibits are permissible. Manuals and other reference documentation may
be bound separately. All responses, as well as any reference material presented must be written in
English.


WAIVER OF MINOR ADMINISTRATIVE IRREGULARITIES

The District reserves the right, at its sole discretion, to waive minor administrative irregularities
contained in any proposal.


SINGLE RESPONSE

A single response to the RFP may be deemed a failure of competition and in the best interest of the
District, the RFP may be cancelled.


PROPOSAL REJECTION

The District reserves the right to reject any or all proposals at any time without penalty.


WITHDRAWAL OF PROPOSALS

Vendors may withdraw a proposal that has been submitted at any time up to the proposal closing date
and time. To accomplish this, a written request signed by an authorized representative of the vendor
must be submitted to the Everett City Clerk. After withdrawing a previously submitted proposal, the
vendor may submit another proposal at any time up to the proposal closing date and time.



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NON-ENDORSEMENT

As a result of the selection of a vendor to supply products and/or services to the District, the District is
neither endorsing nor suggesting that the vendor's product is the best or only solution. The vendor
agrees to make no reference to the District in any literature, promotional material, brochures, sales
presentation or the like without the express written consent of the District.


PROPRIETARY PROPOSAL MATERIAL

Any information contained in the proposal that is proprietary must be clearly designated. Marking the
entire proposal as proprietary will be neither accepted nor honored. If a request is made to view a
vendor's proposal, the District will comply according to the Open Public Records Act, Chapter 42.17
RCW . If any information is marked as proprietary in the proposal, such information will not be made
available until the affected vendor has been given an opportunity to seek a court injunction against the
requested disclosure.


RESPONSE PROPERTY OF THE EVERETT PUBLIC FACILITIES DISTRICT

All materials submitted in response to this request become the property of the District. Selection or
rejection of a response does not affect this right.


NO OBLIGATION TO BUY

The District reserves the right to refrain from contracting with any vendor. The release of this RFP does
not compel the District to purchase.


COST OF PREPARING PROPOSALS

The District is not liable for any costs incurred by vendors in the preparation and presentation of
proposals and demonstrations submitted in response to this RFP.


NUMBER OF PROPOSAL COPIES REQUIRED

Vendors are to submit one original proposal and seven (7) copies.


ERRORS IN PROPOSAL

The District will not be liable for any errors in vendor proposals. Vendors will not be allowed to alter
proposal documents after the deadline for proposal submission.

The District reserves the right to make corrections or amendments due to errors identified in proposals
by the District or the vendor. This type of correction or amendment will only be allowed for such errors
as typing, transposition or any other obvious error. Vendors are liable for all errors or omissions
contained in their proposals.

When, after the opening and tabulation of proposals, a Proposer claims error and requests to be
relieved of award, he will be required to promptly present certified work sheets. The Buyer will review

12
the work sheets and if the Buyer is convinced, by clear and convincing evidence, that an honest,
mathematically excusable error or critical omission of costs has been made, the Proposer may be
relieved of his proposal.

After opening and reading proposals, the District will check them for correctness of extensions of the
prices per unit and the total price. If a discrepancy exists between the price per unit and the extended
amount of any proposal item, the price per unit will control. The total of extensions, corrected where
necessary, will be used by the District.


THIRD PARTY VENDOR

The District will accept proposals that include third party equipment and/or software only if the
proposing vendor agrees to act as prime contractor and guarantor for all proposed equipment and
software. Vendors must disclose the use of any third party vendor equipment or software and indicate
willingness to assume prime contractor responsibility.


NECESSARY ANCILLARY EQUIPMENT AND SOFTWARE

Unless specifically accepted by the terms of the RFP, all parts, software, or accessories (i.e. cables,
power converters, display devices) ordinarily furnished or required to make the proposed equipment a
complete operating unit shall be furnished by the vendor, at no additional cost to the District. These
items must be listed in the cost proposal.


CONDITION OF PROPOSED EQUIPMENT

All equipment proposed must be new equipment and warranted as new equipment.



CONFIGURATION ADJUSTMENT WITH CONTRACT

The District reserves the right to select and exclude any equipment or software for the actual
acquisition regardless of the configuration proposed by the vendor. The vendor will be consulted on any
such adjustments whenever it is determined that the configuration adjustment may adversely impact
the system performance.



EQUIPMENT DELIVERY

Vendors must certify that the proposed equipment can be delivered, installed and operationally ready
no later than September 15, 2003.


The vendor assumes responsibility for the delivery, installation, maintenance, and initial adjustment of
all vendor supplied equipment, software, and support services proposed.




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DOCUMENTATION

The vendor must provide documentation for all proposed hardware and software. The successful
vendor must provide one complete set of operating manuals for each item of equipment and software.


INSTALLATION ASSISTANCE

Installation and initial adjustment is required for any hardware and software acquired from the vendor.

TRAINING

The vendor must supply training for staff in the operation of the equipment proposed. Training should
be completed in time for the staff to operate the equipment in the required fashion with minimum vendor
aid immediately after installation and testing of equipment. Any training costs must be included in the
proposal.


VENDOR INFORMATION REQUIREMENTS

CUSTOMER REFERENCES

The vendor must submit a minimum of three (3) non-vendor owned customer references presently
using the proposed equipment and software of comparable size to District’s volume requirements. All
hardware and software proposed and referenced must be installed at a customer site for 90 days prior
to the Proposal Due Date. Include the following for each reference:

                               Company Name
                               Installation Address
                               Name of Contact
                               Title of Contact
                               Telephone Number of Contact
                               Description of Installation
                               Date Installed

The District may, at its option, contact other known vendor customers for references.

PRICING INFORMATION

The vendor must provide purchase prices and installation costs for each equipment item, software
product, and service. All elements of recurring and nonrecurring costs which must be borne by the
District must be identified. This includes, but is not limited to, hardware maintenance, system
engineering, manuals and documentation, consultation, training, conversion, shipping charges,
installation costs, testing and taxes.


CONTRACT AWARD AND EXECUTION

The District will select the proposal that, in its sole discretion, is the most advantageous to the District.
The District reserves the right to make an award without further discussion of the proposal submitted;
there may be no best and final offer procedure. Therefore, the proposal should be initially submitted on
the most favorable terms the vendor can offer.


14
The District shall attempt to negotiate a contract with the proposer who offered the most advantageous
proposal at a price which the District determines is fair and reasonable to the District. If the District is
unable to negotiate a satisfactory contract with the firm selected at a price the District determines to be
fair and reasonable, negotiations with that firm shall be formally terminated and the District shall select
the next best proposal and continue until an agreement is reached or the process is terminated.


PROPOSAL SCHEDULE

       Publish RFP ....................................................... July 18, 2003
       Proposal Due Date (2:00 PM) ........................... August 5, 2003
       Award ................................................................. August 13, 2003
       System Operational............................................ September 15, 2003


EVALUATION CRITERIA

The District will evaluate proposals according to a number of relevant criteria. The District desires to
select the proposal providing, in its judgment, the best value, considering such factors as

           Timeliness and feasibility of implementation.

           System design and documentation.

           Upcoming software enhances/releases.

           Training capabilities and features.

           Functionality, efficiency, and effectiveness of operation.

           Reliability and performance.

           Inter-operability with other District systems.

           Extensibility to support future needs.

           Ease of learning, ease of use, and ease of maintenance.

           Price and operating costs.

           References.

           Successful installations where the equipment has been used without problems for periods of
           time.

           Experience and stability of the proposer.

           Maintenance and service reputation. The proposer’s service staff must project a positive
           attitude to help achieve the goal of the facility to serve its customers in a professional
           manner.

           Quality of equipment provided.

           Price for the initial installation.
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     These factors are not listed in any particular order of importance. Vendors should note that
     proposals will be evaluated on factors other than price, and there is no assurance that a
     proposal will win the contract based solely on lowest price. The apparent ability of proposed
     equipment to be implemented with low risk and to perform reliably and efficiently when operated
     by the planned complement of District staff will be important considerations.

     If an award is made as a result of this solicitation, it shall be awarded to the bidder whose
     proposal is most advantageous to the District with price and other factors considered. When
     determining whether a bidder is responsible, or when evaluating a bidder’s proposal, the
     following factors will be considered, any one of which will suffice to determine a bidder is either
     not a responsible bidder or the bidder’s proposal is not the most advantageous to the District:

     A.     The ability, capacity and skill of the bidder to perform the contract or provide the service
            required.
     B.     The character, integrity, reputation, judgment, experience and efficiency of the bidder.
     C.     Whether the bidder can perform the contract within the time specified
     D.     The quality of performance of previous public and private contracts or services,
            including, but not limited to, the bidder’s failure to perform satisfactorily or complete any
            written contract. The District’s termination for default of a previous contract with a bidder
            shall be deemed to be such a failure.
     E.     The previous and existing compliance by the bidder with laws relating to the contract or
            services.
     F.     Evidence of collusion with any other bidder, in which case colluding bidders will be
            restricted from submitting further bids on the subject project or future tenders.
     G.     The bidder is not qualified for the work or to the full extent of the bid.
     H.     There is uncompleted work with the District or others, or an outstanding dispute on a
            previous or current contract that might hinder, negatively affect or prevent the prompt
            completion of the work bid upon.
     I.     The bidder failed to settle bills for labor or materials on past or current public or private
            contracts.
     J.     The bidder has been convicted of a crime arising from a previous public contract,
            excepting convictions that have been pardoned, expunged, or annulled.
     K.     The bidder has been convicted of a crime of moral turpitude or any felony, excepting
            convictions that have been pardoned, expunged or annulled, whether in this state, in any
            other state, by the United States, or in a foreign country, province or municipality.
            Bidders shall affirmatively disclose to the District all such convictions, especially of
            management personnel or the bidder as an entity, prior to notice of award or execution
            of a contract, whichever comes first. Failure to make such affirmative disclosure shall be
            grounds, in the District’s sole option and discretion, for termination for default
            subsequent to award or execution of the contract.
     L.     More likely than not, the bidder will be unable, financially or otherwise, to perform the
            work.
     M.     At the time of bid opening, the bidder is not authorized to do business in Washington, is
            not registered as a contractor in Washington, or otherwise lacks a necessary license,
            registration or permit.
     N.     Such other information as may be secured having a bearing on the decision to award the
            contract.

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       O.      Any other reason deemed proper by the District.


VENDOR PRODUCT PRESENTATIONS

Finalists may be required to perform a live demonstration of their proposed equipment on-site in
Everett, Washington. Vendor demonstrations are considered one of the most important parts of the
selection process.

It is anticipated that finalists will be asked to make a presentation to the evaluation team within two
weeks of the RFP closing date. The presentations will be limited to 15 minutes with an additional 30
minutes for questions and answers.


CUSTOMER SITE VISITS

In addition to checking references, the District may elect to conduct customer site visits to locations
where the proposed equipment is installed and operational. These visits will be intense direct
observations of ongoing system operation, in contact with actual workers performing their regular daily
activities. Vendors should be prepared to arrange such visits with customers willing to make their time
available to up to five District representatives. Site visit locations within convenient geographic proximity
to Everett are preferred.

The District will pay its own costs of travel, lodging, and per diem as necessary.


TAXES AND FEDERAL EXCISE TAX

Washington State Sales tax shall be shown as a separate line on the bid submittal sheet. No charge by
the Bidder shall be made for federal excise taxes. The Everett Public Facilities District, as a municipal
corporation of the State of Washington, is exempt from federal excise tax and such taxes shall not be
included in bid prices. The Everett Public Facilities District agrees to furnish Bidder, upon acceptance
of articles supplied under this order, with an exemption certificate, if necessary.


DELIVERY

The vendor assumes responsibility for the delivery, installation, maintenance, and initial adjustment of
all vendor supplied equipment quoted.



DELIVERY TIME

Vendors must certify that the quoted equipment can be delivered, installed and operational within the
stated number of days on their bid.



PAYMENT

Payment will be made promptly upon receipt of a correct invoice for goods that have been delivered
and accepted. No down payment or advance payment of any kind will be made. Washington State law
requires proof that the materials have been furnished, the services rendered or the labor performed as
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described before payment may be made. A vendor may submit an invoice for partial shipments or
progress payments. All invoices are to be submitted to:

               Everett Public Facilities District
               Attn: Rikke Finbraten
               2825 Colby Avenue, Suite 205
               Everett WA 98201
               Phone: 425.257.7001
               Fax: 425.257.7002
               Email: rfinbraten@everetteventscenter.com


LIST OF SUBCONTRACTORS

Each bidder shall have listed on the form provided, the name, address and description of the work of
each subcontractor to whom the bidder proposes to sublet portions of the work in excess of five percent
(5%) based on total price. For the purpose of this paragraph, a subcontractor is defined as one who
contracts with the contractor to provide materials and labor, labor only, or who specially fabricates and
installs a portion of the work or improvement according to drawings contained in the Contract
Documents. The list of subcontractors shall be submitted before the successful bidder begins work.


LIQUIDATED DAMAGES

Time is of the essence and the goods described herein must be completely furnished, installed, and
operational by September 15, 2003 or the Everett Public Facilities District will suffer harm. The vendor
agrees to pay the Everett Public Facilities District, as liquidated damages, the sum of $150 for each and
every calendar day that work remains uncompleted after the date promised. This amount shall be fixed
as liquidated damages that the Everett Public Facilities District will suffer by reason of such delay, and
not as a penalty. The Everett Public Facilities District shall have the right to deduct and retain the
amount of such liquidated damages from any monies due the supplier.

The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to
causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution,
and that are entirely beyond the control and without the fault or negligence of the supplier. These
causes include, but are not limited to, acts of God or the public enemy, war or other national emergency
making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor
disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines, or
freight embargos.


ADDENDA

Bidders are responsible to check the City of Everett website for the issuance of any addenda prior to
submitting a bid. The address is http://www.everettwa.org.


BID SUBMITTAL

All proposals must be submitted on the regular forms provided in this document.




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TAXABLE ITEMS TO BE SEPARATED FROM NON-TAXABLE ITEMS

Washington State retail sales tax may apply to portions of this project as provided for in Title 82 of the
Revised Code of Washington. A copy of 82.04.050 RCW is attached. For clarifications of tax issues,
contact:

                              Taxpayers Services
                              PO Box 47478
                              Olympia WA 98504-7478
                              Phone: (360) 753-7782
                              Fax: (360) 664-0456

Vendors are encouraged to separate taxable elements from non-taxable elements. Bundling taxable
items with non-taxable items may result in tax being assessed on the bundled price.

The District has a responsibility to pay the retail sales tax even if the vendor has no responsibility to
collect it.


BRAND NAMES USED IN THIS SPECIFICATION

This is NOT a brand name specification. When a special brand is named it shall be construed solely for
the purpose of indicating the standards of quality, performance, or use desired. Brands of equal
quality, performance, and use shall be considered, provided Vendor specifies the brand and model and
submits descriptive literature. Any bid containing a brand that is not of equal quality, performance, or
use specified must be represented as an alternate and not as an equal, and failure to do so shall be
sufficient reason to disregard the bid.

The Everett Public Facilities District shall be the sole judge about whether an item submitted as an
equal or alternate is acceptable. The responsibility of demonstrating to the District’s satisfaction that a
product is “equal” to that specified shall be on the vendor proposing the substitution. Requests for
approval of substitutions must be made with sufficient time to allow the District to adequately review the
proposal, including time for vendors to respond to questions and requests for additional information or
clarification. The District has no obligation to accept proposed substitutions or engage outside
consultants or experts to evaluate proposed substitutions. Acceptance of a substitute product
proposed as an “equal” to that specified will be made in writing and, if made prior to bids being due,
other bidders will be notified if practical and convenient.


Clark Langstraat, C.P.M.
City of Everett, Buyer




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EVERETT PUBLIC FACILITIES DISTRICT
                                                           STANDARD TERMS AND CONDITIONS
                                                 INVITATION TO BID, REQUEST FOR QUOTATION & PURCHASE ORDER CONTRACT
THE PURCHASE ORDER INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND INCLUDES, BUT IS NOT LIMITED TO THE INVITATION TO BID, REQUEST FOR
QUOTATIONS, SPECIFICATIONS, PLANS, AND PUBLISHED RULES AND REGULATIONS OF THE EVERETT PUBLIC FACILITIES DISTRICT AND THE POLICIES OF THE
EVERETT PUBLIC FACILITIES DISTRICT PURCHASING DIVISION AND THE LAWS OF THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY
REFERENCE.
1. CHANGES No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without written consent of the Everett Public
     Facilities District Director.
2. HANDLING No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels, unless otherwise stated herein.
3. DELIVERY For any exception to the delivery date as specified on this order, vendor shall give prior notification and obtain written approval thereto from the Everett Public Facilities
     District Director with respect to delivery under this order. Time is of the essence and the order is subject to termination for failure to deliver as specified and/or appropriate
     damages.
     The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of
     the requirements for the timely performance of any obligation remaining to be performed by Vendor.
4. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES Invoices will not be processed for payment nor will the period of computation for cash discount commence until
     receipt of a properly completed invoice or invoiced items are received, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount
     period shall commence on the date final approval for payment is authorized.
5. SHIPPING INSTRUCTIONS Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Where shipping addresses indicate room numbers it will be up to
     the Vendor to make delivery to that location at no additional charge where specific authorization is granted to ship goods FOB shipping point. Vendor agrees to prepay all shipping
     charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges.
     Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that the Purchaser
     reserves the right to refuse COD shipments.
6. REJECTION All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of nonconformity to the terms
     and specifications of this order, whether held by the Purchaser or returned, will be at Vendor's risk and expense.
7. IDENTIFICATION All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase
     order number.
8. INFRINGEMENTS Vendor agrees to protect and save harmless the Purchaser against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement
     arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suits or proceedings.
9. WARRANTIES Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed,
     except that if a particular purpose is stated, the material must then be fit for that particular purpose.
10. ASSIGNMENTS The provisions or moneys due under this contract shall only be assignable with prior written consent of the Everett Public Facilities District Director.
11. TAXES Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Vendor shall be made for federal excise taxes, and the
     Purchaser agrees to furnish Vendor, upon acceptance of articles supplied under this order with an exemption certificate.
12. LIENS, CLAIMS AND ENCUMBRANCES Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of
     any kind.
13. RISK OF LOSS Regardless of FOB point, Vendor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery. Such
     loss, injury or destruction shall not release Vendor from any obligation hereunder.
14. SAVE HARMLESS Vendor shall protect, indemnify, and save the Purchaser harmless from and against any damage, cost or liability for any injuries to persons or property arising
     from acts or omissions of Vendor, his employees, agents or subcontractors howsoever caused.
15. PRICES If price is not stated on this order, it is agreed that the goods shall be billed at the price last quoted or paid, or prevailing market price whichever is lower.
16. TERMINATION In the event of a breach by Vendor of any of the provisions of this contract, the Purchaser reserves the right to cancel and terminate this contract forthwith upon
     giving oral or written notice to Vendor. Vendor shall be liable for damages suffered by the Purchaser resulting from Vendor's breach of contract.
17. NONDISCRIMINATION The vendor agrees not to discriminate against any client, employee or applicant for employment or services because of race, creed, color, national origin,
     sex, marital status, age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, the following employment upgrading, demotion, or transfer,
     recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training or rendition of services.
     It is further understood that any vendor who is in violation of this clause or an applicable Affirmative Action Program shall be barred forthwith from receiving awards of any
     purchase order from the Everett Public Facilities District unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is
     unlikely.
18. LABOR AND INDUSTRIES Contractor is required to procure Labor and Industries permits F700-007-000 and F700-029-000 and abide by the requirements thereof. Copies of
     “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” shall be submitted to the Everett Public Facilities District and Department of Labor and Industries.
19. ANTI-TRUST Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact Borne by the Purchaser. Therefore,
     Vendor hereby assigns to the Purchaser any and all claims for such overcharges.
20. DEFAULT The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of
     competent jurisdiction to be in default, he shall pay to the Purchaser all cost, expenses expended or incurred by the Purchaser in connection therewith, and reasonable attorney's
     fees. The Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Snohomish County.
21. ACCEPTANCE BY ACCEPTING THIS PURCHASE ORDER IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, YOU ACCEPT ALL OF THE TERMS AND
     CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR AS A CONDITION OF
     ACCEPTANCE OR DELIVERY.




20
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                                                   ATTACHMENT A


REVISED CODE OF WASHINGTON
  Title 82 RCW EXCISE TAXES
      82.04Business and occupation tax
         RCW 82.04.050"Sale at retail," "retail sale."


 RCW 82.04.050"Sale at retail," "retail sale."

(1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced,
fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others,
without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or
personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW
82.04.470 and who:

(a) Purchases for the purpose of resale as tangible personal property in the regular course of business without
intervening use by such person, but a purchase for the purpose of resale by a regional transit authority under RCW
81.112.300 is not a sale for resale; or

(b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for
consumers, if such tangible personal property becomes an ingredient or component of such real or personal property
without intervening use by such person; or

(c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible
personal property or substance, of which such property becomes an ingredient or component or is a chemical used in
processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with
an ingredient of a new article being produced for sale; or

(d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently
used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction
directly through contact with an ingredient of ferrosilicon; or

(e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as
defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or
consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale"
even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following
such use. The term also means every sale of tangible personal property to persons engaged in any business which is
taxable under RCW 82.04.280 (2) and (7) and 82.04.290.

(2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in respect to the following:

(a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for
consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for
the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or
mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to
nonprofit health care facilities, and excluding services rendered in respect to live animals, birds and insects;

(b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under,
upon, or above real property of or for consumers, including the installing or attaching of any article of tangible
personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of
installation, and shall also include the sale of services or charges made for the clearing of land and the moving of
earth excepting the mere leveling of land used in commercial farming or agriculture;

(c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon,
above, or under any real property owned by an owner who conveys the property by title, possession, or any other
means to the person performing such construction, repair, or improvement for the purpose of performing such
construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to
22
the original owner;

(d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or
moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for
purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily
performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor
cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does
not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;
(e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar
automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16
RCW;

(f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house,
tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from
the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous
period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the
same;

(g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b),
(c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used
or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or
"retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing
contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in
subsection (1) of this section shall be construed to modify this subsection.

(3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or
professional services including amounts designated as interest, rents, fees, admission, and other service emoluments
however designated, received by persons engaging in the following business activities:

(a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts
and tows, day trips for sightseeing purposes, and others, when provided to consumers;

(b) Abstract, title insurance, and escrow services;

(c) Credit bureau services;

(d) Automobile parking and storage garage services;

(e) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to farmers and
(ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution
lines or equipment, if performed by or at the direction of an electric utility;

(f) Service charges associated with tickets to professional sporting events; and

(g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam
bath services, turkish bath services, escort services, and dating services.

(4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of
equipment with an operator.

(5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.

(6) The term shall also include the sale of canned software other than a sale to a person who presents a resale
certificate under RCW 82.04.470, regardless of the method of delivery to the end user, but shall not include
custom software or the customization of canned software.

(7) The term shall not include the sale of or charge made for labor and services rendered in respect to the building,
repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation
terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political
subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic

S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc                                                              23
including mass transportation vehicles of any kind.

(8) The term shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest
treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed,
seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to: (a)
Persons who participate in the federal conservation reserve program, the environmental quality incentives program,
the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the
United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product;
and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from
federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to
produce or improve wildlife habitat on land that the farmer owns or leases.

(9) The term shall not include the sale of or charge made for labor and services rendered in respect to the
constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or
above real property of or for the United States, any instrumentality thereof, or a county or city housing authority
created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal
property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of
installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving
of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the
term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities,
radioactive waste and other byproducts of weapons production and nuclear research and development.

(10) Until July 1, 2003, the term shall not include the sale of or charge made for labor and services rendered for
environmental remedial action as defined in RCW 82.04.2635(2).



     [2000 2nd sp.s. c 4 § 23. Prior: 1998 c 332 § 2; 1998 c 315 § 1; 1998 c 308 § 1; 1998 c 275 § 1; 1997 c 127 § 1;
     prior: 1996 c 148 § 1; 1996 c 112 § 1; 1995 1st sp.s. c 12 § 2; 1995 c 39 § 2; 1993 sp.s. c 25 § 301; 1988 c 253 §
     1; prior: 1987 c 285 § 1; 1987 c 23 § 2; 1986 c 231 § 1; 1983 2nd ex.s. c 3 § 25; 1981 c 144 § 3; 1975 1st ex.s. c
     291 § 5; 1975 1st ex.s. c 90 § 1; 1973 1st ex.s. c 145 § 1; 1971 ex.s. c 299 § 3; 1971 ex.s. c 281 § 1; 1970 ex.s. c 8
     § 1; prior: 1969 ex.s. c 262 § 30; 1969 ex.s. c 255 § 3; 1967 ex.s. c 149 § 4; 1965 ex.s. c 173 § 1; 1963 c 7 § 1;
     prior: 1961 ex.s. c 24 § 1; 1961 c 293 § 1; 1961 c 15 § 82.04.050; prior: 1959 ex.s. c 5 § 2; 1957 c 279 § 1; 1955 c
     389 § 6; 1953 c 91 § 3; 1951 2nd ex.s. c 28 § 3; 1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part;
     1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5,
     part.]




     Notes:


Findings--Construction--2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
Findings--Intent--Effective date--1998 c 332: See notes following RCW 82.04.29001.
Effective dates--1998 c 308: "(1) Sections 1 through 4 of this act take effect July 1, 1998.
(2) Section 5 of this act takes effect July 1, 2003." [1998 c 308 § 6.]
Effective date--1998 c 275: "This act takes effect July 1, 1998." [1998 c 275 § 2.]
Effective date--1997 c 127: "This act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes effect July 1, 1997." [1997 c 127 § 2.]
Severability--1996 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or circumstances is not affected." [1996 c 148 § 7.]
Effective date--1996 c 148: "This act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall take effect April 1, 1996." [1996 c 148 § 8.]
Effective date--1996 c 112: "This act shall take effect July 1, 1996." [1996 c 112 § 5.]
Intent--1995 1st sp.s. c 12: "It is the intent of the legislature that massage services be recognized as health care practitioners
for the purposes of business and occupation tax application. To achieve this intent massage services are being removed from
the definition of sale at retail and retail sale." [1995 1st sp.s. c 12 § 1.]
Effective date--1995 1st sp.s. c 12: "This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 1st

24
sp.s. c 12 § 5.]
Effective date--1995 c 39: "This act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 c 39 § 3.]
Severability--Effective dates--Part headings, captions not law--1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction--Severability--Effective dates--1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent--Severability--Effective date--1981 c 144: See notes following RCW 82.16.010.
Application to preexisting contracts--1975 1st ex.s. c 291; 1975 1st ex.s. c 90: See note following RCW 82.12.010.
Effective dates--1975 1st ex.s. c 291: "This 1975 amendatory act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its existing institutions, and shall take effect immediately:
PROVIDED, That sections 8 and 26 through 43 of this amendatory act shall be effective on and after January 1, 1976:
PROVIDED FURTHER, That sections 2, 3, and 4, and subsections (1) and (2) of section 24 shall be effective on and after
January 1, 1977: AND PROVIDED FURTHER, That subsections (3) through (15) of section 24 shall be effective on and
after January 1, 1978." [1975 1st ex.s. c 291 § 46.]
Severability--1975 1st ex.s. c 291: "If any provision of this 1975 amendatory act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is
not affected." [1975 1st ex.s. c 291 § 45.]
Effective date--1975 1st ex.s. c 90: "This 1975 amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing public institutions, and shall take effect July 1,
1975." [1975 1st ex.s. c 90 § 5.]
Effective date--1973 1st ex.s. c 145: "This act is necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1973." [1973 1st
ex.s. c 145 § 2.]
Effective dates--1971 ex.s. c 299: "This 1971 amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing public institutions, and shall take effect as
follows:
(1) Sections 1 through 12, 15 through 34 and 53 shall take effect July 1, 1971;
(2) Sections 13, 14, and 77 and 78 shall take effect June 1, 1971; and
(3) Sections 35 through 52 and 54 through 76 shall take effect as provided in section 53." [1971 ex.s. c 299 § 79.]
Severability--1971 ex.s. c 299: "If any phrase, clause, subsection or section of this 1971 amendatory act shall be declared
unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would
have enacted this 1971 amendatory act without the phrase, clause, subsection or section so held unconstitutional or invalid
and the remainder of the act shall not be affected as a result of said part being held unconstitutional or invalid." [1971 ex.s. c
299 § 78.]
Construction--Severability--1969 ex.s. c 255: See notes following RCW 35.58.272.
Effective date--1967 ex.s. c 149: "This act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and shall take effect July 1, 1967." [1967 ex.s. c 149 §
65.]
Effective date--1965 ex.s. c 173: "This act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and shall take effect June 1, 1965." [1965 ex.s. c 173 §
33.]
Credit for retail sales or use taxes paid to other jurisdictions with respect to property used: RCW 82.12.035
"Services rendered in respect to" defined: RCW 82.04.051




S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc                                                               25
                                       Everett Public Facilities District
                                       REQUEST FOR PROPOSALS
                                        Proposal No. 2003-609-EPFD
                                        Point-of-Sale System for the
                                           Everett Events Center



Number of years experience in Point-of-Sale industry:

Number of installations of comparable size to that required by the Center:

Hours and methods of technical support




State the number of business days to have equipment installed and operational after receipt of order:




REFERENCES:

Provide a list of at least three (3) references that the District or Global Spectrum may contact and whose
job site they may visit.


1. Company Name

         Installation Address

         Name of Contact

         Title of Contact

         Telephone Number of Contact

         Description of Installation

         Date Installed




26
2. Company Name

        Installation Address

        Name of Contact

        Title of Contact

        Telephone Number of Contact

        Description of Installation

        Date Installed


3. Company Name

        Installation Address

        Name of Contact

        Title of Contact

        Telephone Number of Contact

        Description of Installation

        Date Installed




S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc   27
DESCRIPTION OF COMPANY

Provide the history of the company, mission statement and/or goals and its future plans.




COMPANY SUPERVISION AND MANAGEMENT

List the qualifications of potential supervisor(s) who may be assigned to this account.




SUPERVISION

Describe the proposed methods of corporate supervision.




28
CURRENT AND COMPLETED CONTRACTS

List all current contracts as well as contracts completed in the last three years on comparable projects.
Include the dollar amount for each.




BUSINESS RELATED AWARDS/CITATIONS

List any business awards or citations that the company has received.




TRAINING

Provide information on the training provided for facility staff and administrative support.




DISCONTINUED INSTALLATIONS

Disclose any sites where proposed equipment was initially installed and subsequently discontinued from
operation. Explain what happened and provide contact references.




S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc                                        29
PRICE SUBMITTAL SHEET – OPTION A – EQUIPMENT PURCHASE

List proposed equipment for the facility to include the design, coordination, installation, testing and
maintenance of the complete Point-of-Sale System.


         List Proposed Equipment                 Point of            Generic or           Bid Price
                                                Manufacture         Proprietary?




                                                                           Subtotal

                                        _____._____% Washington State Sales Tax

                                                                             Total



Payment Terms

Describe warranty coverage on purchased equipment and workmanship including length:




Describe and provide pricing for any maintenance agreements offered for this equipment:




30
Provide pricing structure for non-warranty repair of offered equipment. Include hourly rates and
minimum charges as applicable:




COMPANY NAME                                                            UBI#
ADDRESS

CITY/STATE/ZIP

EMAIL ADDRESS:

PHONE                                                   FAX

NAME (PLEASE PRINT)                                                  TITLE

        By signing below, you certify in writing that all vendor proposal terms, including prices, will remain in
        effect for a minimum of 60 days after the Proposal due Date, that all proposed hardware and system
        software has been operational at a non-vendor owned customer site for a period of 90 days prior to the
        Proposal Due Date, that all proposed capabilities can be demonstrated by the vendor, and that the
        proposed hardware and system software is currently marketed and sold.


SIGNED                                                                    DATE


Provide name, address, and phone numbers of owners of principal shareholders and corporate officers:




S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc                                                             31
                                   Everett Public Facilities District
                                      Bid No. 2003-609-EPFD
                                POINT-OF-SALE SYSTEM FOR THE
                                   EVERETT EVENTS CENTER
                                           NO BID FORM



Dear Prospective Bidder:

If you determine not to submit a bid/quote in response to this solicitation, we would very much
appreciate your completing and returning this form for our records.

Reason for not submitting a bid/quote in response to this solicitation:




FULL LEGAL NAME OF COMPANY

ADDRESS

CITY/STATE/ZIP

EMAIL ADDRESS:

PHONE                                           FAX

NAME (PLEASE PRINT)                                          TITLE

SIGNED                                                            DATE


Thank you for your assistance. Please mail or fax to:

                                   City of Everett Purchasing Division
                                              3200 Cedar Street
                                            Everett WA 98201
                                           Fax: (425) 257-8864




32
                                   Everett Public Facilities District
                                      Bid No. 2003-609-EPFD
                                POINT-OF-SALE SYSTEM FOR THE
                                   EVERETT EVENTS CENTER
                                NON COLLUSION CERTIFICATION



I certify that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting an offer for this bid/quote, and is in all respects fair and without
collusion or fraud.

The below signed bidder has not divulged to nor has discussed or compared his bid with other bidders
and had not colluded with any other bidder or parties to bid whatsoever. Note: No premiums, rebates or
gratuities to any employee or agent are permitted either with, prior to, or after any delivery of materials.
Any such violation will result in the cancellation and/or return of material as applicable.


Company Name:

Mailing Address:

City-State-Zip:

Title:

Date:

Authorized Signature:
(written)

Authorized Signature:
(typed/printed)




S:\#Common\PFD\WINWORD\Specifications\2003-609-EPFD.doc                                           33
                                LIST OF SUBCONTRACTORS

1.   List the names of the subcontractors with whom the bidder will subcontract if awarded the
     contract. Bidder may name itself for any or all of the work, including one or more categories of
     work.

2.   For heating, ventilation, air conditioning, plumbing (as defined by RCW Chap. 18.106) and
     electrical work (as defined by RCW Chap. 19.28), Bidder MUST either identify itself or
     subcontractors. If bidder believes such work is not part of the scope of work , Bidder shall
     write “NO WORK.”

3.   For all other types and scope of work, the City will assume the bidder will perform with it’s own
     forces and all types and scope of work for which a subcontractor is not identified.

4.   Bidder shall not list more than one subcontractor for each category of work identified, unless
     subcontractors vary with bid alternates, in which case the bidder must indicate which
     subcontractor will be used for which alternate.

5.   Bidder’s bid shall be deemed non-responsive and void if:

        A. (For heating, ventilation, air conditioning, plumbing and electrical work) Bidder fails: (1)
           to submit as part of the bid the names of such subcontractors; (2) to name itself to
           perform such work; or (3) to write “No work”; or

        B. Bidder names two or more subcontractors to perform the same work.

6.   The requirement to name the bidder’s proposed heating, ventilation and air conditioning,
     plumbing and electrical subcontractors applies only to proposed heating, ventilation and air
     conditioning, plumbing and electrical subcontractors who will contract directly with the general
     contractor submitting the bid to the city.

                Type/Scope of Work                    Name and Address of Subcontractor or Bidder




34

								
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