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CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016
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Contract Statement of Work
For
Hayward Japan Grill
920 C St
Hayward, CA 94541
Electronic Foodservice POS System Project
Prepared by Agil Foodserve IT Inc.
820 Rodeo Dr.
San Francisco, CA 94132
CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016
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Table of Contents
Table of Contents .................................................................................................................2
1 STATEMENT OF CONFIDENTIALITY.............................................................................3
2 INTRODUCTION ............................................................................................................3
2.1 Purpose ........................................................................................................................3
2.2 Description of Work (*) ...................................................................................................3
2.3 General Assumptions .....................................................................................................3
2.4 Constraints ....................................................................................................................4
3 SERVICES PROVIDED ..................................................................................................4
3.1 Description ....................................................................................................................4
3.2 Deliverables ..................................................................................................................4
3.2.1 POS Hardware ........................................................................................................4
3.2.2 POS Software .........................................................................................................4
3.2.3 Installation...............................................................................................................5
3.2.4 Training Documentation ...........................................................................................6
3.2.5 Technical Support....................................................................................................6
3.2.6 Product Warranties ..................................................................................................6
4 GENERAL ROLES AND RESPONSIBILITIES .................................................................6
4.1 Roles Responsibilities ....................................................................................................6
5 MANAGEMENT PROCEDURES .....................................................................................7
5.1 Change Control Process ................................................................................................7
5.2 Billing Process ...............................................................................................................7
5.3 Dispute Resolution .........................................................................................................7
5.4 Status Reports...............................................................................................................8
6 HOURS OF OPERATION ...............................................................................................8
7 FACILITIES/TOOLS/EQUIPMENT REQUIREMENTS.......................................................8
8 SECURITY REQUIREMENTS .........................................................................................9
9 SCHEDULE ...................................................................................................................9
10 PRICING........................................................................................................................9
10.1 Service Pricing Assumptions .........................................................................................9
10.2 Payment Schedule .......................................................................................................9
10.3 Change Orders ............................................................................................................9
10.4 Termination Fees .........................................................................................................9
10.5 Penalties and Bonuses ...............................................................................................10
11 LICENSES, PERMITS & INSURANCE ..........................................................................11
12 EXCLUSIONS ..............................................................................................................11
13 SIGNATURE BLOCK ...................................................................................................11
14 GLOSSARY OF TERMS...............................................................................................12
15 ATTACHMENTS ..........................................................................................................14
15.1 Notice of Right to Cancel ............................................................................................14
15.2 CHANGE ORDER REQUEST FORM ..........................................................................15
15.3 Pricing Format ...........................................................................................................16
15.4 Completed Supplier Assessment.................................................................................16
The first instance of a word that is defined in the glossary is annotated with an asterisk (*).
CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016
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1 STATEMENT OF CONFIDENTIALITY
Hayward Japan Grill acknowledges that the information contained in this document is confidential
and proprietary to Agil Foodserve IT Inc. (Contractor*).
This document contains processes, techniques, and methodologies considered to be proprietary
to Contractor and are provided to Hayward Japan Grill with the understanding that this
information will be used for planning, executing, controlling, and closing out the project described
in this document.
Each recipient of this document is expected to treat this information with the strictest confidence
and is responsible for ensuring that there is no unauthorized duplication, distribution, or
application of this material, unless expressly allowed in this Contract (*) Statement of Work
(CSOW).
2 INTRODUCTION
2.1 Purpose
The purpose of this CSOW is to document the services (*) to be delivered, the price of the
requested services, and the rights and responsibilities of the various parties responsible for their
delivery. Hayward Japan Grill requests of Contractor the supply, installation, support service, and
training documentation for a new electronic foodservice (*) Point of Sale (POS) system (*) at 920
C St., Hayward, CA to replace the existing manual POS system in order to reduce waste of paper
and pens, automate check calculations, increase order processing speed, reduce errors, and
ease access to sales information for analysis. This document addresses the specific
requirements of both Hayward Japan Grill and Contractor to properly deliver the requested
services.
Upon acceptance by both parties, any changes or modifications to the CSOW must follow the
Change Control Process outlined in Section 10.3 of this CSOW. All approved changes will
become attachments to the original approved CSOW, which will then form the new baseline upon
which future changes will be measured.
2.2 Description of Work (*)
Contractor will supply POS hardware, POS software, and install the POS system at the restaurant
site (*). Contractor will provide one year of technical support service and training documentation
with the POS system for Hayward Japan Grill employees. Hayward Japan Grill will monitor
progress of work until completion. Details on these services to be offered are provided in Section
3.0 of this CSOW.
2.3 General Assumptions
 Agil Foodserve IT Inc. assumes that the electronic POS system hardware will not be
destroyed by adverse weather during delivery or installation.
 Agil Foodserve IT Inc. assumes that the electrical system for the site will support the
equipment.
 Agil Foodserve IT Inc. assumes electromagnetic interference will not render wireless
devices unusable.
 Agil Foodserve IT Inc. will have access to all Hayward Japan Grill facilities during
installation at the site.
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 Agil Foodserve IT Inc. assumes all additional construction to the interior will be
completed. The POS system includes sensitive electrical equipment and debris can
cause permanent damage to this equipment
 Hayward Japan Grill will have access to a personal computer and DVD player to view
training documentation.
 Hayward Japan Grill will be responsible for training its employees using the provided
training documentation.
2.4 Constraints
 Hayward Japan Grill will allow on-site project work and meetings only during the hours of
8:00 a.m. to 11:00 a.m. Pacific Standard Time (PST), Monday through Friday.
 Shipping services for equipment will take 3 business days for delivery.
 Malicious software attacks or software bugs may prevent POS system project from being
completed on schedule and budget.
 Changes in PADSS compliance standards (*) will prevent the POS system project from
being completed on schedule and budget.
 The POS system equipment will only fit within existing space.
3 SERVICES PROVIDED
3.1 Description
Contractor will supply and install an electronic foodservice POS system at Hayward Japan Grill in
accordance with Hayward Japan Grill’s previously agreed upon choice of POS system with Agil
Foodserve IT Inc.; in addition, a one year contract for technical support and training
documentation will be provided by the Contractor.
3.2 Deliverables
Contractor will deliver products and services described in Sections 3.2.1 through 3.2.6.
3.2.1 POS Hardware
The main hardware components of the POS system will be:
 AGILE base computer system with 1.0 GHz processor, 1 GB RAM, and 40 GB hard disk.
 TOUCH 15” touch screen interface for the base computer system
 PRINT thermal receipt printer for guest check (*) printouts from POS software
 Two VIEW 15” order display screens for the kitchen and sushi bar to display inputted
orders in the POS software
 One SAFEHOLD cash drawer to hold cash and coins
 Two FREEDOM wireless touch screen handheld order input computer systems with 5
hour battery life, 3” screen size, full wireless functionality with POS system, and a
rechargeable battery
 Two BROADCAST wireless access point to allow communication between POS base
computer and handheld units
 One SWIPE credit card magnetic stripe reader
3.2.2 POS Software
The main software components of the POS system will be:
 Diner Plus POS license and software which contains the following functionalities:
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 Touch screen compatibility
 Capacity to input 200 menu items, designate 20 menu groups, with each group able
to contain 30 items
 Ability to designate dine in or takeout orders
 Ability to designate ownership of orders to specific servers
 Ability to split or combine checks to up to eight guest checks
 Ability to handle menu item ordering input from 2 wireless handheld devices
 Ability to automatically separate and send relevant orders to sushi bar and kitchen
departments’ remote displays (1 display in sushi bar, 1 display in kitchen)
o Ability to cancel orders once sent or modify/add/change items in order
 Ability to handle 5 menu item modifiers
 Ability to handle server entered custom item inputs and modifiers
 Ability to handle menu item price modifiers
o Ability to enter coupon price modifiers and discount price modifiers
 Ability to handle payment processing in cash and credit, interface with card reader
o Ability to process credit cards in less than 20 seconds from card swipe to
initiation of printing of receipt
o PADSS compliant
 Ability to output guest checks to thermal receipt printer
 Ability to activate, add money to, change balance, close balance, and check balance
of magnetic stripe gift cards
 Ability to manage tables (*)
o Ability to create visual table maps with tables positioned according to user
preferences
o Ability to designate each table by number
o Ability to enter number of seats
o Ability to display guest checks for each table and number of guests
 Ability to handle 30 user accounts
o Ability to give different user accounts different access rights to the POS system
i.e. server accounts that only allow order input, processing, and guest checkout,
and manager accounts that allow viewing of sales reports, changing of menu
items, and managerial manipulation of data and settings.
 Ability to store open tabs (*) for customers who are trusted enough to order and pay
at a later date
 Ability to support FREEDOM wireless handheld computers for order input
 Ability to generate usable data reports
o Ability to display and export reports (in xls, xlsm, .doc, .docx, .txt)
o Ability to generate sales reports breaking down sales by menu item, order time,
table, server, guest check, number of guests, and profit by item
o Ability to generate reports on table turnover, average guest check, and average
table size.
3.2.3 Installation
With respect to the installation of this system, Contractor will:
 Provide written site preparation instructions prior to onsite installation by Contractor
 Wire and connect the entire POS system so that it meets CSOW specified requirements.
 Drill a 2” diameter wiring grommet hole for under-counter wiring.
 Mount the VIEW order display screens in the kitchen and sushi bar at a location
approved by Hayward Japan Grill and connect them to the base computer system.
 Set up (*) the AGILE base computer, TOUCH interface, PRINT printer, SAFEHOLD cash
drawer, and SWIPE card swipe at a location approved by Hayward Japan Grill.
 Set up the wireless access points at locations approved by Hayward Japan Grill and
connect to the AGILE base computer.
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 Install Diner Plus POS software on the AGILE base computer and FREEDOM wireless
handheld computers
3.2.4 Training Documentation
Contractor will provide training to Hayward Japan Grill on the proper use and maintenance of the
electronic POS system. Contractor will provide Hayward Japan Grill with an instruction manual
once the POS system installation is complete. Training documentation includes:
 Instructional DVD video disc
 Electronic POS system training software for PC
 Printed instruction manual
3.2.5 Technical Support
Contractor will provide a one year technical support contract to Hayward Japan Grill for the
electronic POS system after system is accepted by Hayward Japan Grill. This contract includes
access to the help desk for problems, questions, and concerns about the electronic POS system
during the hours of operation listed in Section 6.0 The help desk can also be contacted through e-
mail. After the one year contract has expired, Hayward Japan Grill will have the option to renew
the contract.
3.2.6 Product Warranties
Contractor will provide the following manufacturer warranties for the equipment:
 2 year AGILE computer system warranty
 2 year TOUCH interface warranty
 2 year VIEW display warranty
 2 year PRINT printer warranty
 2 year SAFEHOLD cash drawer warranty
 2 year SWIPE card swipe warranty
 1 year FREEDOM handheld warranty
 2 year BROADCAST wireless access point warranty
4 GENERAL ROLES AND RESPONSIBILITIES
4.1 Roles Responsibilities
Role Responsibilities
Agil Foodserve IT Inc.
Hayward Japan Grill
 Manages and approves change order process
 Develops and manages schedule
 Attends meetings
Agil Foodserve IT Inc.
Field Supervisor
 Oversees installation crew
 Provides status reports to Hayward Japan Grill
 Evaluate installation compliance with specifications (*)
 Conducts system testing to confirm successful installation
Agil Foodserve IT Inc.
Project Manager
 Prepares and presents project plan to Hayward Japan Grill
 Sources staff for project
 Answers questions and concerns from Hayward Japan Grill
 Check that project remains on schedule and within budget
Hayward Japan Grill  Provides access to site
 Provides timely payment
 Reviews project plan
 Approves equipment installation locations
 Approves design and milestones
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 Approves change orders
 Signs off on final system acceptance
5 MANAGEMENT PROCEDURES
5.1 Change Control Process
Change orders can be proposed by either Hayward Japan Grill or the Agil Foodserve IT Inc. If
Hayward Japan Grill proposes a change order, it must be submitted to Agil Foodserve IT Inc.
project manager directly; no other employee of Contractor can accept or approve a change order.
All change orders must be approved, in writing, by both the Hayward Japan Grill project manager
and the Agil Foodserve IT Inc. project manager. Logs of change order requests will be kept by
both parties.
If the accumulation of change orders exceeds 20% of the cost of this project, due to reduction or
increase in scope of work, Hayward Japan Grill and Contractor agree to terminate this contract
and renegotiate a revised contract. If the accumulation of change orders remains within 20% of
the cost of this project Hayward Japan Grill and Contractor will agree to abide by the following
change control process:
 Approved increases in scope will be charged on time and materials based on pricing
detailed in Section 10.3.
 Approved equipment changes costs will increase or decrease according to the difference
in price of materials plus the labor rates detailed in section 10.3.
 Provided that new material requested is available at time of change order approval,
Hayward Japan Grill agrees to allow one weeks from approval date for implementation.
5.2 Billing Process
 Contractor will invoice Hayward Japan Grill after specific milestones as outlined in
Section 10.2.
 Time and materials charges for any approved change orders will be billed in arrears.
 Hayward Japan Grill will issue and send payment within 5 business days upon receipt of
invoice payable to Agil Foodserve IT Inc. Payment may be handed to either a Agil
Foodserve IT Inc. project manager or a superintendent or may be mailed to Contractor’s
home office located at 820 Rodeo Dr. San Francisco, CA 94132 attention to the Agil
Foodserve IT Inc. project manager.
 Late payments or returned checks will be charged a fee of 1.5% of invoiced amount.
Contractor will not perform scheduled work until receipt of payment.
5.3 Dispute Resolution
Any disputes that may arise between Hayward Japan Grill and Contractor will be addressed
through the following process:
Step 1: Hayward Japan Grill project manager and Contractor project manager will attempt to
resolve the dispute
Step 2: If dispute cannot be resolved by the Hayward Japan Grill and Contractor, both parties
agree to escalate the issue to Contractor’s Vice President.
Step 3: If the parties identified in Step 2 cannot resolve the issue or dispute then an
independent party will be brought in to mediate and arbitrate the resolution of the issue
or dispute.
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Each party (*) will bear its own expenses with respect to arbitration and the
compensation and expenses of the arbitrators will be borne in such a manner as will be
specified in the decision of the arbitrators.
Step 4: If the independent arbitrator fails to reach a resolution, then the parties may choose to
proceed to litigation within the San Francisco court system.
5.4 Status Reports
Contractor’s project manager will provide Hayward Japan Grill with weekly written status reports
documenting the progress of the project execution and outline planned work in the following
week, once underway.
All status reports must be signed by Hayward Japan Grill and returned to Contractor’s office
within 2 business days of receipt. The final status report will be delivered to Hayward Japan Grill
upon final sign-off.
Any deviations from the established project schedule or budget will need to be immediately
communicated to Hayward Japan Grill from the Agil Foodserve Inc. project manager and the
change control process outlined in Section 5.1 will be used for changes.
6 HOURS OF OPERATION
The standard hours of operation for services being provided by Contractor are from 7:00 a.m. to
5:00 p.m., Pacific Standard Time (PST); excluding 60 minutes lunch time, Monday through
Friday.
Contractor will observe the following holidays:
 New Year’s Day
 Memorial Day
 Independence Day
 Labor Day
 Veterans Day
 Thanksgiving Day
 Christmas Day and the day after
Hayward Japan Grill is required to give 72 hours advance notice if he/she is unable to give
access to the location. If Hayward Japan Grill is unable to provide 72 hours advance notice,
Hayward Japan Grill will be charged one day’s labor rates for each Contractor employee
scheduled to work on site.
7 FACILITIES/TOOLS/EQUIPMENT REQUIREMENTS
The following are the minimum facility requirements for Contractor to deliver the services
identified in this CSOW properly.
 Access to designated restroom
 Onsite parking
 Access to the main electrical panel
Contractor will bring and remove all necessary tools daily.
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8 SECURITY REQUIREMENTS
 Hayward Japan Grill will monitor Contractor work onsite.
9 SCHEDULE
Major Milestones Completion Date
Sign-off on contract* 10/11/10
Approval of components selection by Hayward Japan Grill 10/25/10
Delivery of equipment to Hayward Japan Grill 11/1/10
Begin installation 11/8/10
Finish installation and contractor testing 11/22/10
Begin Hayward Japan Grill acceptance testing 11/22/10
Hayward Japan Grill approval and sign-off 12/22/10
* Schedule to be adjusted according to actual contract sign-off date.
10 PRICING
10.1 Service Pricing Assumptions
Pricing for the services being provided to Hayward Japan Grill is based on the following data and
assumptions documented throughout this CSOW:
1. Consultation, recommendation, provision & installation of an electronic POS system.
2. All components to complete installation; hardware and software.
3. All required inspections and tests.
4. Preparation and delivery of training documentation
5. One year of technical support.
Pricing will be formatted based on the outline in Section 14.3.
10.2 Payment Schedule
Contractor agrees to provide the services described above in Section 3 for a total sum of $7,000.
Payment Schedule Phase Amount Notes
Payment 1 $ 7,000 Payable at signing of this agreement
10.3 Change Orders
A change order is required to perform extra or changed work which is outside the scope of the
contract. All approved change orders will be billed on a time and materials basis at the rates
shown in the table below.
Agil Foodserve IT Inc. Hourly Rate
Laborer $20.00
Superintendent/Foreman $35.00
Project Manager $50.00
10.4 Termination Fees
If Hayward Japan Grill cancels the contract within three (3) business days from the date of
signature, Contractor will return the $7,000 fixed price contract fee within ten (10) business days.
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If Hayward Japan Grill cancels project after three (3) business days from date of signature,
without cause or for convenience, Hayward Japan Grill will be responsible for the following
charges:
Milestone Charge
Before approval of components selection 5% of firm fixed contract fee
After approval of components selection 10% of firm fixed contract fee
After installation begins 80% of firm fixed contract fee
After installation is finished 90% of firm fixed contract fee
10.5 Penalties and Bonuses
If Contractor delays project 10 business days or more beyond the scheduled completion date, for
reasons unrelated to:
 Lack of access to residence due to Hayward Japan Grill unavailability,
 Bad weather or other acts due to force majeur,
A penalty fee of 5% of the total contract price will be refunded by Contractor and applied to the
final invoice.
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11 LICENSES,PERMITS & INSURANCE
Contractor shall carry insurance on all of its operations in an amount not less than $1,000,000
and including the following coverage:
1. Worker’s Compensation. Insurance for Contractor is provided by State Compensation
Insurance Fund and can be contacted at (877)405-4545.
2. Commercial General Liability insurance is provided by ABC Insurance Company and can be
contacted at (800)123-4567. Policy covers all operations by or on behalf of Contractor
providing insurance for bodily injury liability and property damage liability (including
$1,000,000 per occurrence and $1,000,000 general aggregate and property damage liability
including coverage for:
a. premises and operations;
b. products and completed operations;
c. contractual liability insuring the obligations assumed by Contractor in the Agreement;
d. broad form property damage (including completed operations);
e. explosion, collapse and underground hazard; and
f. personal injury liability. Except with respect to bodily injury and property damage
included within the products and completed operations hazards, the aggregate limit,
where applicable, shall apply separately to Subcontractor’s work under this Agreement.
g. Contractor agrees to name Hayward Japan Grills as “additional insured” under the policy,
as per ISO additional insured endorsement #CG2010. The policy shall stipulate that the
insurance afforded the additional insured shall apply as primary insurance and that any
other insurance carried by Hayward Japan Grill will be excess only and will not contribute
with this insurance.
3. Automobile Liability insurance is provided by Drive Smart Insurance Company and can be
contacted at (888) 555-1234. Policy includes coverage for all owned, hired and non-owned
automobiles.
Contractor shall provide all certificates of insurance to Hayward Japan Grill. The certificates of
insurance shall provide that there will be no cancellation or reduction of coverage without thirty
(30) days prior written notice to Hayward Japan Grill.
12 EXCLUSIONS
n/a
13 SIGNATURE BLOCK
This offer is only open until 10/25/10, at which point this offer will become void and a new offer
will need to be submitted.
Hayward Japan Grill Agil Foodserve IT Inc.
___________________ _____________________
Project Manager President
Date: Date:
___________________ _____________________
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14 GLOSSARY OF TERMS
The following terms used herein will have the meaning as set forth below;
Contract means
The contract to be entered between Agil Foodserve IT Inc. (Contractor) and Hayward Japan Grill
for the supply, installation, training documentation, and support of the POS system.
Contractor means
Agil Foodserve IT Inc., a corporation organized and existing under the laws of United States of
America, having its principal office at 820 Rodeo Dr., San Francisco, CA 94132.
Day or Days means
Any complete calendar day unless otherwise expressly indicated as a working day.
Foodservice means
A restaurant or relating to the restaurant industry.
Guest Check means
The list of menu items that guests have ordered, their prices, and the calculated bill total.
Hayward Japan Grill means
The project manager designated by Hayward Japan Grill management as responsible for the
electronic POS system project.
Open Tab means
Unpaid bills by guests that will be paid at a later time.
PADDS Compliance Standards means
PA-DSS (PADSS) is the Council-managed program formerly under the supervision of the Visa
Inc. program known as the Payment Application Best Practices (PABP). The goal of PA-DSS is to
help software vendors and others develop secure payment applications that do not store
prohibited data, such as full magnetic stripe, CVV2 or PIN data, and ensure their payment
applications support compliance with the PCI DSS. Payment applications that are sold,
distributed or licensed to third parties are subject to the PA-DSS requirements. In-house payment
applications developed by merchants or service providers that are not sold to a third party are not
subject to the PA-DSS requirements, but must still be secured in accordance with the PCI DSS.
Party means
Either Contractor or Hayward Japan Grill, or both
Point of Sale (POS) System means
POS refers to point of sale (POS) software and hardware. The software runs on touch screen
computer terminals or wireless handheld devices. POS systems assist businesses to track
transactions in real time. Typical restaurant POS systems are able to print guest checks, print
orders to kitchens and bars for preparation, process credit cards and other payment cards, and
run reports.
Services means
All planning, design, detailed engineering, procurement, permitting, project management and
reporting, support services, installation, cleanup, check-out, start-up and testing, installation
supervision and training services, the provision of all necessary personnel, and all other related
services necessary for Contractor to fulfill its obligations under this Contract, whether such
services and personnel are provided by Contractor and its Subcontractors.
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Set Up means
The moving, positioning, constructing and connecting of POS system equipment for restaurant
use in addition to drilling, nailing, hanging, screwing, binding, sanding, bonding, and constructing
for cable and POS equipment installation.
Site means
The actual location and its adjacent area where the installation will occur. Site is located at 920 C
St., Hayward, CA 94541
Specification means
The technical description, design criteria, scope of work, performance guarantees, performance
requirements, drawings and/or samples of the supply, and any other requirements for the supply
referred to in the CSOW.
Table means
The specific location of guests within the dining room of the restaurant as they dine in groups or
in singles, along with their associated guest checks.
Tests means
Such tests to be performed by Contractor and certified by Hayward Japan Grill to prove
performance of the installation.
Work means
Contractor’s activities and responsibilities required under this Contract, covering supply of
Equipment, and related services as specified in this Contract.
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15 ATTACHMENTS
15.1 Notice of Right to Cancel
NOTICE OF RIGHT TO CANCEL
Notice of Cancellation
_________________________
(enter date of transaction)
You may cancel this transaction, without penalty or obligation, within three (3) business days from
the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and
any negotiable instrument executed by you will be returned within 10 days following receipt by the
seller of your cancellation notice, and any security interest arising out of the transaction will be
canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good
condition as when received, any goods delivered to you under this contract or sale, or you may, if
you wish, comply with the instructions of the seller regarding the return shipment of the goods at
the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20
days of the date of your notice of cancellation, you may retain or dispose of the goods without any
further obligation.
If you fail to make the goods available to the seller, or if you agree to return the goods to the
seller and fail to do so, then you remain liable for performance of all obligations under the
contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or
any other written notice, or send a telegram to:
Agil Foodserve IT Inc.
At 820 Rodeo Dr., San Francisco, California 94132
Not later than midnight of
_______________________
(date)
I hereby cancel this transaction
__________________
(date)
____________________________________________
(Hayward Japan Grill Project Manager's Signature)
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15.2 CHANGE ORDER REQUEST FORM
Change Order RequestForm Change Order No.
Section 1 - ProjectInformation
Client Name: Project Name:
Project Manager: Project Number:
PM’s Phone Number:
Section 2 - ChangeRequestInformation
Initiated by: Date Submitted:
Initiator’s Phone Number: Date Completed:
Description of Change
Request:
Justification for Change
Request:
Section 3 - ChangeRequestInvestigation Decision
Estimated Work Effort to
Investigate:
Actual Work Effort to
Investigate:
Estimated Cost to
Investigate:
Actual Cost to Investigate:
Investigation
Accepted
Investigation
Rejected
Client
Representative(s):
Date:
Service Provider
Representative(s):
Date:
Reason for Rejection:
Section 4 - ChangeRequestImplementationDecision
Impact of Change Request on SOW
SOW Section Impact/Change
Category of Change From To
Cost
Schedule
Manpower
Estimated Work Effort to
Implement:
Actual Work Effort to
Implement:
Estimated Cost to
Implement:
Actual Cost to Implement:
Implementation
Accepted
Implementation
Rejected
Client
Representative(s):
Date:
Service Provider
Representative(s):
Date:
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15.3 Pricing Format
1. Hardware
a. Computer system
b. Touch screen interface
c. Receipt printer
d. Order display screens
e. Cash drawer
f. Wireless handheld units
g. Wireless access point
h. Credit card reader
i. Consumables (printer ribbons, printer paper, and other supplies)
2. Software
a. POS software
b. Handheld unit software
c. Operating system software
3. Management
a. Consultation
b. Installation
c. Testing
d. Training
e. Support and maintenance
f. Project staffing
g. Documentation
15.4 Completed Supplier Assessment
[This section contains a completed copy of the supplier information assessment contained in
Appendix B of Request for Proposal: A Guide to Effective RFP Development by Bud Porter-Roth,
pg 247-250”

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Sunny Mui_X474.3_CSOW

  • 1. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 1 of 16 Contract Statement of Work For Hayward Japan Grill 920 C St Hayward, CA 94541 Electronic Foodservice POS System Project Prepared by Agil Foodserve IT Inc. 820 Rodeo Dr. San Francisco, CA 94132
  • 2. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 2 of 16 Table of Contents Table of Contents .................................................................................................................2 1 STATEMENT OF CONFIDENTIALITY.............................................................................3 2 INTRODUCTION ............................................................................................................3 2.1 Purpose ........................................................................................................................3 2.2 Description of Work (*) ...................................................................................................3 2.3 General Assumptions .....................................................................................................3 2.4 Constraints ....................................................................................................................4 3 SERVICES PROVIDED ..................................................................................................4 3.1 Description ....................................................................................................................4 3.2 Deliverables ..................................................................................................................4 3.2.1 POS Hardware ........................................................................................................4 3.2.2 POS Software .........................................................................................................4 3.2.3 Installation...............................................................................................................5 3.2.4 Training Documentation ...........................................................................................6 3.2.5 Technical Support....................................................................................................6 3.2.6 Product Warranties ..................................................................................................6 4 GENERAL ROLES AND RESPONSIBILITIES .................................................................6 4.1 Roles Responsibilities ....................................................................................................6 5 MANAGEMENT PROCEDURES .....................................................................................7 5.1 Change Control Process ................................................................................................7 5.2 Billing Process ...............................................................................................................7 5.3 Dispute Resolution .........................................................................................................7 5.4 Status Reports...............................................................................................................8 6 HOURS OF OPERATION ...............................................................................................8 7 FACILITIES/TOOLS/EQUIPMENT REQUIREMENTS.......................................................8 8 SECURITY REQUIREMENTS .........................................................................................9 9 SCHEDULE ...................................................................................................................9 10 PRICING........................................................................................................................9 10.1 Service Pricing Assumptions .........................................................................................9 10.2 Payment Schedule .......................................................................................................9 10.3 Change Orders ............................................................................................................9 10.4 Termination Fees .........................................................................................................9 10.5 Penalties and Bonuses ...............................................................................................10 11 LICENSES, PERMITS & INSURANCE ..........................................................................11 12 EXCLUSIONS ..............................................................................................................11 13 SIGNATURE BLOCK ...................................................................................................11 14 GLOSSARY OF TERMS...............................................................................................12 15 ATTACHMENTS ..........................................................................................................14 15.1 Notice of Right to Cancel ............................................................................................14 15.2 CHANGE ORDER REQUEST FORM ..........................................................................15 15.3 Pricing Format ...........................................................................................................16 15.4 Completed Supplier Assessment.................................................................................16 The first instance of a word that is defined in the glossary is annotated with an asterisk (*).
  • 3. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 3 of 16 1 STATEMENT OF CONFIDENTIALITY Hayward Japan Grill acknowledges that the information contained in this document is confidential and proprietary to Agil Foodserve IT Inc. (Contractor*). This document contains processes, techniques, and methodologies considered to be proprietary to Contractor and are provided to Hayward Japan Grill with the understanding that this information will be used for planning, executing, controlling, and closing out the project described in this document. Each recipient of this document is expected to treat this information with the strictest confidence and is responsible for ensuring that there is no unauthorized duplication, distribution, or application of this material, unless expressly allowed in this Contract (*) Statement of Work (CSOW). 2 INTRODUCTION 2.1 Purpose The purpose of this CSOW is to document the services (*) to be delivered, the price of the requested services, and the rights and responsibilities of the various parties responsible for their delivery. Hayward Japan Grill requests of Contractor the supply, installation, support service, and training documentation for a new electronic foodservice (*) Point of Sale (POS) system (*) at 920 C St., Hayward, CA to replace the existing manual POS system in order to reduce waste of paper and pens, automate check calculations, increase order processing speed, reduce errors, and ease access to sales information for analysis. This document addresses the specific requirements of both Hayward Japan Grill and Contractor to properly deliver the requested services. Upon acceptance by both parties, any changes or modifications to the CSOW must follow the Change Control Process outlined in Section 10.3 of this CSOW. All approved changes will become attachments to the original approved CSOW, which will then form the new baseline upon which future changes will be measured. 2.2 Description of Work (*) Contractor will supply POS hardware, POS software, and install the POS system at the restaurant site (*). Contractor will provide one year of technical support service and training documentation with the POS system for Hayward Japan Grill employees. Hayward Japan Grill will monitor progress of work until completion. Details on these services to be offered are provided in Section 3.0 of this CSOW. 2.3 General Assumptions  Agil Foodserve IT Inc. assumes that the electronic POS system hardware will not be destroyed by adverse weather during delivery or installation.  Agil Foodserve IT Inc. assumes that the electrical system for the site will support the equipment.  Agil Foodserve IT Inc. assumes electromagnetic interference will not render wireless devices unusable.  Agil Foodserve IT Inc. will have access to all Hayward Japan Grill facilities during installation at the site.
  • 4. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 4 of 16  Agil Foodserve IT Inc. assumes all additional construction to the interior will be completed. The POS system includes sensitive electrical equipment and debris can cause permanent damage to this equipment  Hayward Japan Grill will have access to a personal computer and DVD player to view training documentation.  Hayward Japan Grill will be responsible for training its employees using the provided training documentation. 2.4 Constraints  Hayward Japan Grill will allow on-site project work and meetings only during the hours of 8:00 a.m. to 11:00 a.m. Pacific Standard Time (PST), Monday through Friday.  Shipping services for equipment will take 3 business days for delivery.  Malicious software attacks or software bugs may prevent POS system project from being completed on schedule and budget.  Changes in PADSS compliance standards (*) will prevent the POS system project from being completed on schedule and budget.  The POS system equipment will only fit within existing space. 3 SERVICES PROVIDED 3.1 Description Contractor will supply and install an electronic foodservice POS system at Hayward Japan Grill in accordance with Hayward Japan Grill’s previously agreed upon choice of POS system with Agil Foodserve IT Inc.; in addition, a one year contract for technical support and training documentation will be provided by the Contractor. 3.2 Deliverables Contractor will deliver products and services described in Sections 3.2.1 through 3.2.6. 3.2.1 POS Hardware The main hardware components of the POS system will be:  AGILE base computer system with 1.0 GHz processor, 1 GB RAM, and 40 GB hard disk.  TOUCH 15” touch screen interface for the base computer system  PRINT thermal receipt printer for guest check (*) printouts from POS software  Two VIEW 15” order display screens for the kitchen and sushi bar to display inputted orders in the POS software  One SAFEHOLD cash drawer to hold cash and coins  Two FREEDOM wireless touch screen handheld order input computer systems with 5 hour battery life, 3” screen size, full wireless functionality with POS system, and a rechargeable battery  Two BROADCAST wireless access point to allow communication between POS base computer and handheld units  One SWIPE credit card magnetic stripe reader 3.2.2 POS Software The main software components of the POS system will be:  Diner Plus POS license and software which contains the following functionalities:
  • 5. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 5 of 16  Touch screen compatibility  Capacity to input 200 menu items, designate 20 menu groups, with each group able to contain 30 items  Ability to designate dine in or takeout orders  Ability to designate ownership of orders to specific servers  Ability to split or combine checks to up to eight guest checks  Ability to handle menu item ordering input from 2 wireless handheld devices  Ability to automatically separate and send relevant orders to sushi bar and kitchen departments’ remote displays (1 display in sushi bar, 1 display in kitchen) o Ability to cancel orders once sent or modify/add/change items in order  Ability to handle 5 menu item modifiers  Ability to handle server entered custom item inputs and modifiers  Ability to handle menu item price modifiers o Ability to enter coupon price modifiers and discount price modifiers  Ability to handle payment processing in cash and credit, interface with card reader o Ability to process credit cards in less than 20 seconds from card swipe to initiation of printing of receipt o PADSS compliant  Ability to output guest checks to thermal receipt printer  Ability to activate, add money to, change balance, close balance, and check balance of magnetic stripe gift cards  Ability to manage tables (*) o Ability to create visual table maps with tables positioned according to user preferences o Ability to designate each table by number o Ability to enter number of seats o Ability to display guest checks for each table and number of guests  Ability to handle 30 user accounts o Ability to give different user accounts different access rights to the POS system i.e. server accounts that only allow order input, processing, and guest checkout, and manager accounts that allow viewing of sales reports, changing of menu items, and managerial manipulation of data and settings.  Ability to store open tabs (*) for customers who are trusted enough to order and pay at a later date  Ability to support FREEDOM wireless handheld computers for order input  Ability to generate usable data reports o Ability to display and export reports (in xls, xlsm, .doc, .docx, .txt) o Ability to generate sales reports breaking down sales by menu item, order time, table, server, guest check, number of guests, and profit by item o Ability to generate reports on table turnover, average guest check, and average table size. 3.2.3 Installation With respect to the installation of this system, Contractor will:  Provide written site preparation instructions prior to onsite installation by Contractor  Wire and connect the entire POS system so that it meets CSOW specified requirements.  Drill a 2” diameter wiring grommet hole for under-counter wiring.  Mount the VIEW order display screens in the kitchen and sushi bar at a location approved by Hayward Japan Grill and connect them to the base computer system.  Set up (*) the AGILE base computer, TOUCH interface, PRINT printer, SAFEHOLD cash drawer, and SWIPE card swipe at a location approved by Hayward Japan Grill.  Set up the wireless access points at locations approved by Hayward Japan Grill and connect to the AGILE base computer.
  • 6. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 6 of 16  Install Diner Plus POS software on the AGILE base computer and FREEDOM wireless handheld computers 3.2.4 Training Documentation Contractor will provide training to Hayward Japan Grill on the proper use and maintenance of the electronic POS system. Contractor will provide Hayward Japan Grill with an instruction manual once the POS system installation is complete. Training documentation includes:  Instructional DVD video disc  Electronic POS system training software for PC  Printed instruction manual 3.2.5 Technical Support Contractor will provide a one year technical support contract to Hayward Japan Grill for the electronic POS system after system is accepted by Hayward Japan Grill. This contract includes access to the help desk for problems, questions, and concerns about the electronic POS system during the hours of operation listed in Section 6.0 The help desk can also be contacted through e- mail. After the one year contract has expired, Hayward Japan Grill will have the option to renew the contract. 3.2.6 Product Warranties Contractor will provide the following manufacturer warranties for the equipment:  2 year AGILE computer system warranty  2 year TOUCH interface warranty  2 year VIEW display warranty  2 year PRINT printer warranty  2 year SAFEHOLD cash drawer warranty  2 year SWIPE card swipe warranty  1 year FREEDOM handheld warranty  2 year BROADCAST wireless access point warranty 4 GENERAL ROLES AND RESPONSIBILITIES 4.1 Roles Responsibilities Role Responsibilities Agil Foodserve IT Inc. Hayward Japan Grill  Manages and approves change order process  Develops and manages schedule  Attends meetings Agil Foodserve IT Inc. Field Supervisor  Oversees installation crew  Provides status reports to Hayward Japan Grill  Evaluate installation compliance with specifications (*)  Conducts system testing to confirm successful installation Agil Foodserve IT Inc. Project Manager  Prepares and presents project plan to Hayward Japan Grill  Sources staff for project  Answers questions and concerns from Hayward Japan Grill  Check that project remains on schedule and within budget Hayward Japan Grill  Provides access to site  Provides timely payment  Reviews project plan  Approves equipment installation locations  Approves design and milestones
  • 7. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 7 of 16  Approves change orders  Signs off on final system acceptance 5 MANAGEMENT PROCEDURES 5.1 Change Control Process Change orders can be proposed by either Hayward Japan Grill or the Agil Foodserve IT Inc. If Hayward Japan Grill proposes a change order, it must be submitted to Agil Foodserve IT Inc. project manager directly; no other employee of Contractor can accept or approve a change order. All change orders must be approved, in writing, by both the Hayward Japan Grill project manager and the Agil Foodserve IT Inc. project manager. Logs of change order requests will be kept by both parties. If the accumulation of change orders exceeds 20% of the cost of this project, due to reduction or increase in scope of work, Hayward Japan Grill and Contractor agree to terminate this contract and renegotiate a revised contract. If the accumulation of change orders remains within 20% of the cost of this project Hayward Japan Grill and Contractor will agree to abide by the following change control process:  Approved increases in scope will be charged on time and materials based on pricing detailed in Section 10.3.  Approved equipment changes costs will increase or decrease according to the difference in price of materials plus the labor rates detailed in section 10.3.  Provided that new material requested is available at time of change order approval, Hayward Japan Grill agrees to allow one weeks from approval date for implementation. 5.2 Billing Process  Contractor will invoice Hayward Japan Grill after specific milestones as outlined in Section 10.2.  Time and materials charges for any approved change orders will be billed in arrears.  Hayward Japan Grill will issue and send payment within 5 business days upon receipt of invoice payable to Agil Foodserve IT Inc. Payment may be handed to either a Agil Foodserve IT Inc. project manager or a superintendent or may be mailed to Contractor’s home office located at 820 Rodeo Dr. San Francisco, CA 94132 attention to the Agil Foodserve IT Inc. project manager.  Late payments or returned checks will be charged a fee of 1.5% of invoiced amount. Contractor will not perform scheduled work until receipt of payment. 5.3 Dispute Resolution Any disputes that may arise between Hayward Japan Grill and Contractor will be addressed through the following process: Step 1: Hayward Japan Grill project manager and Contractor project manager will attempt to resolve the dispute Step 2: If dispute cannot be resolved by the Hayward Japan Grill and Contractor, both parties agree to escalate the issue to Contractor’s Vice President. Step 3: If the parties identified in Step 2 cannot resolve the issue or dispute then an independent party will be brought in to mediate and arbitrate the resolution of the issue or dispute.
  • 8. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 8 of 16 Each party (*) will bear its own expenses with respect to arbitration and the compensation and expenses of the arbitrators will be borne in such a manner as will be specified in the decision of the arbitrators. Step 4: If the independent arbitrator fails to reach a resolution, then the parties may choose to proceed to litigation within the San Francisco court system. 5.4 Status Reports Contractor’s project manager will provide Hayward Japan Grill with weekly written status reports documenting the progress of the project execution and outline planned work in the following week, once underway. All status reports must be signed by Hayward Japan Grill and returned to Contractor’s office within 2 business days of receipt. The final status report will be delivered to Hayward Japan Grill upon final sign-off. Any deviations from the established project schedule or budget will need to be immediately communicated to Hayward Japan Grill from the Agil Foodserve Inc. project manager and the change control process outlined in Section 5.1 will be used for changes. 6 HOURS OF OPERATION The standard hours of operation for services being provided by Contractor are from 7:00 a.m. to 5:00 p.m., Pacific Standard Time (PST); excluding 60 minutes lunch time, Monday through Friday. Contractor will observe the following holidays:  New Year’s Day  Memorial Day  Independence Day  Labor Day  Veterans Day  Thanksgiving Day  Christmas Day and the day after Hayward Japan Grill is required to give 72 hours advance notice if he/she is unable to give access to the location. If Hayward Japan Grill is unable to provide 72 hours advance notice, Hayward Japan Grill will be charged one day’s labor rates for each Contractor employee scheduled to work on site. 7 FACILITIES/TOOLS/EQUIPMENT REQUIREMENTS The following are the minimum facility requirements for Contractor to deliver the services identified in this CSOW properly.  Access to designated restroom  Onsite parking  Access to the main electrical panel Contractor will bring and remove all necessary tools daily.
  • 9. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 9 of 16 8 SECURITY REQUIREMENTS  Hayward Japan Grill will monitor Contractor work onsite. 9 SCHEDULE Major Milestones Completion Date Sign-off on contract* 10/11/10 Approval of components selection by Hayward Japan Grill 10/25/10 Delivery of equipment to Hayward Japan Grill 11/1/10 Begin installation 11/8/10 Finish installation and contractor testing 11/22/10 Begin Hayward Japan Grill acceptance testing 11/22/10 Hayward Japan Grill approval and sign-off 12/22/10 * Schedule to be adjusted according to actual contract sign-off date. 10 PRICING 10.1 Service Pricing Assumptions Pricing for the services being provided to Hayward Japan Grill is based on the following data and assumptions documented throughout this CSOW: 1. Consultation, recommendation, provision & installation of an electronic POS system. 2. All components to complete installation; hardware and software. 3. All required inspections and tests. 4. Preparation and delivery of training documentation 5. One year of technical support. Pricing will be formatted based on the outline in Section 14.3. 10.2 Payment Schedule Contractor agrees to provide the services described above in Section 3 for a total sum of $7,000. Payment Schedule Phase Amount Notes Payment 1 $ 7,000 Payable at signing of this agreement 10.3 Change Orders A change order is required to perform extra or changed work which is outside the scope of the contract. All approved change orders will be billed on a time and materials basis at the rates shown in the table below. Agil Foodserve IT Inc. Hourly Rate Laborer $20.00 Superintendent/Foreman $35.00 Project Manager $50.00 10.4 Termination Fees If Hayward Japan Grill cancels the contract within three (3) business days from the date of signature, Contractor will return the $7,000 fixed price contract fee within ten (10) business days.
  • 10. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 10 of 16 If Hayward Japan Grill cancels project after three (3) business days from date of signature, without cause or for convenience, Hayward Japan Grill will be responsible for the following charges: Milestone Charge Before approval of components selection 5% of firm fixed contract fee After approval of components selection 10% of firm fixed contract fee After installation begins 80% of firm fixed contract fee After installation is finished 90% of firm fixed contract fee 10.5 Penalties and Bonuses If Contractor delays project 10 business days or more beyond the scheduled completion date, for reasons unrelated to:  Lack of access to residence due to Hayward Japan Grill unavailability,  Bad weather or other acts due to force majeur, A penalty fee of 5% of the total contract price will be refunded by Contractor and applied to the final invoice.
  • 11. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 11 of 16 11 LICENSES,PERMITS & INSURANCE Contractor shall carry insurance on all of its operations in an amount not less than $1,000,000 and including the following coverage: 1. Worker’s Compensation. Insurance for Contractor is provided by State Compensation Insurance Fund and can be contacted at (877)405-4545. 2. Commercial General Liability insurance is provided by ABC Insurance Company and can be contacted at (800)123-4567. Policy covers all operations by or on behalf of Contractor providing insurance for bodily injury liability and property damage liability (including $1,000,000 per occurrence and $1,000,000 general aggregate and property damage liability including coverage for: a. premises and operations; b. products and completed operations; c. contractual liability insuring the obligations assumed by Contractor in the Agreement; d. broad form property damage (including completed operations); e. explosion, collapse and underground hazard; and f. personal injury liability. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limit, where applicable, shall apply separately to Subcontractor’s work under this Agreement. g. Contractor agrees to name Hayward Japan Grills as “additional insured” under the policy, as per ISO additional insured endorsement #CG2010. The policy shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance carried by Hayward Japan Grill will be excess only and will not contribute with this insurance. 3. Automobile Liability insurance is provided by Drive Smart Insurance Company and can be contacted at (888) 555-1234. Policy includes coverage for all owned, hired and non-owned automobiles. Contractor shall provide all certificates of insurance to Hayward Japan Grill. The certificates of insurance shall provide that there will be no cancellation or reduction of coverage without thirty (30) days prior written notice to Hayward Japan Grill. 12 EXCLUSIONS n/a 13 SIGNATURE BLOCK This offer is only open until 10/25/10, at which point this offer will become void and a new offer will need to be submitted. Hayward Japan Grill Agil Foodserve IT Inc. ___________________ _____________________ Project Manager President Date: Date: ___________________ _____________________
  • 12. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 12 of 16 14 GLOSSARY OF TERMS The following terms used herein will have the meaning as set forth below; Contract means The contract to be entered between Agil Foodserve IT Inc. (Contractor) and Hayward Japan Grill for the supply, installation, training documentation, and support of the POS system. Contractor means Agil Foodserve IT Inc., a corporation organized and existing under the laws of United States of America, having its principal office at 820 Rodeo Dr., San Francisco, CA 94132. Day or Days means Any complete calendar day unless otherwise expressly indicated as a working day. Foodservice means A restaurant or relating to the restaurant industry. Guest Check means The list of menu items that guests have ordered, their prices, and the calculated bill total. Hayward Japan Grill means The project manager designated by Hayward Japan Grill management as responsible for the electronic POS system project. Open Tab means Unpaid bills by guests that will be paid at a later time. PADDS Compliance Standards means PA-DSS (PADSS) is the Council-managed program formerly under the supervision of the Visa Inc. program known as the Payment Application Best Practices (PABP). The goal of PA-DSS is to help software vendors and others develop secure payment applications that do not store prohibited data, such as full magnetic stripe, CVV2 or PIN data, and ensure their payment applications support compliance with the PCI DSS. Payment applications that are sold, distributed or licensed to third parties are subject to the PA-DSS requirements. In-house payment applications developed by merchants or service providers that are not sold to a third party are not subject to the PA-DSS requirements, but must still be secured in accordance with the PCI DSS. Party means Either Contractor or Hayward Japan Grill, or both Point of Sale (POS) System means POS refers to point of sale (POS) software and hardware. The software runs on touch screen computer terminals or wireless handheld devices. POS systems assist businesses to track transactions in real time. Typical restaurant POS systems are able to print guest checks, print orders to kitchens and bars for preparation, process credit cards and other payment cards, and run reports. Services means All planning, design, detailed engineering, procurement, permitting, project management and reporting, support services, installation, cleanup, check-out, start-up and testing, installation supervision and training services, the provision of all necessary personnel, and all other related services necessary for Contractor to fulfill its obligations under this Contract, whether such services and personnel are provided by Contractor and its Subcontractors.
  • 13. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 13 of 16 Set Up means The moving, positioning, constructing and connecting of POS system equipment for restaurant use in addition to drilling, nailing, hanging, screwing, binding, sanding, bonding, and constructing for cable and POS equipment installation. Site means The actual location and its adjacent area where the installation will occur. Site is located at 920 C St., Hayward, CA 94541 Specification means The technical description, design criteria, scope of work, performance guarantees, performance requirements, drawings and/or samples of the supply, and any other requirements for the supply referred to in the CSOW. Table means The specific location of guests within the dining room of the restaurant as they dine in groups or in singles, along with their associated guest checks. Tests means Such tests to be performed by Contractor and certified by Hayward Japan Grill to prove performance of the installation. Work means Contractor’s activities and responsibilities required under this Contract, covering supply of Equipment, and related services as specified in this Contract.
  • 14. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 14 of 16 15 ATTACHMENTS 15.1 Notice of Right to Cancel NOTICE OF RIGHT TO CANCEL Notice of Cancellation _________________________ (enter date of transaction) You may cancel this transaction, without penalty or obligation, within three (3) business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to: Agil Foodserve IT Inc. At 820 Rodeo Dr., San Francisco, California 94132 Not later than midnight of _______________________ (date) I hereby cancel this transaction __________________ (date) ____________________________________________ (Hayward Japan Grill Project Manager's Signature)
  • 15. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 15 of 16 15.2 CHANGE ORDER REQUEST FORM Change Order RequestForm Change Order No. Section 1 - ProjectInformation Client Name: Project Name: Project Manager: Project Number: PM’s Phone Number: Section 2 - ChangeRequestInformation Initiated by: Date Submitted: Initiator’s Phone Number: Date Completed: Description of Change Request: Justification for Change Request: Section 3 - ChangeRequestInvestigation Decision Estimated Work Effort to Investigate: Actual Work Effort to Investigate: Estimated Cost to Investigate: Actual Cost to Investigate: Investigation Accepted Investigation Rejected Client Representative(s): Date: Service Provider Representative(s): Date: Reason for Rejection: Section 4 - ChangeRequestImplementationDecision Impact of Change Request on SOW SOW Section Impact/Change Category of Change From To Cost Schedule Manpower Estimated Work Effort to Implement: Actual Work Effort to Implement: Estimated Cost to Implement: Actual Cost to Implement: Implementation Accepted Implementation Rejected Client Representative(s): Date: Service Provider Representative(s): Date:
  • 16. CSOW – Agil Foodserve IT Inc. – Electronic Foodservice POS System 12/8/2016 Page 16 of 16 15.3 Pricing Format 1. Hardware a. Computer system b. Touch screen interface c. Receipt printer d. Order display screens e. Cash drawer f. Wireless handheld units g. Wireless access point h. Credit card reader i. Consumables (printer ribbons, printer paper, and other supplies) 2. Software a. POS software b. Handheld unit software c. Operating system software 3. Management a. Consultation b. Installation c. Testing d. Training e. Support and maintenance f. Project staffing g. Documentation 15.4 Completed Supplier Assessment [This section contains a completed copy of the supplier information assessment contained in Appendix B of Request for Proposal: A Guide to Effective RFP Development by Bud Porter-Roth, pg 247-250”