Vector Resources, Inc dba VectorUSA
8647 E 9th St., Rancho Cucamonga, CA 91730 Confidential
VRN 108512-001
April 25, 2022
Prepared For: City of Fontana
Chris Beck
8353 Sierra Ave
Fontana, CA 92335
Project Description: Arctic Wolf Pricing
Version 1
Prepared By: Scott Shiffer
Sr. Account Executive
(909) 303-7732
[email protected]
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Table of Contents
Company Overview ...................................................................................................................................................... 3 Statement of Work ........................................................................................................................................................ 4 Project Parameters / Caveats......................................................................................................................................... 5 Price Guarantee ............................................................................................................................................................. 6 Lead Time Disclaimer .................................................................................................................................................. 6 Project Pricing .............................................................................................................................................................. 7 Warranty ....................................................................................................................................................................... 8 Maintenance and Managed Services ............................................................................................................................. 9 Terms & Conditions ................................................................................................................................................... 10 Signature & Acceptance ............................................................................................................................................. 13
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Company Overview
VectorUSA’s corporate vision is to become the unsurpassed standard in “connecting people to information and the world.” We build our business one customer at a time through our family of dedicated employees providing reliable, high-quality communications designs and solutions that exceed our customers’ expectations.
Headquartered in Torrance, CA, with offices in San Diego, CA, Rancho Cucamonga, CA, Scottsdale, AZ and Charlotte, NC, VectorUSA maintains an industry-wide reputation for delivering the highest quality products and services while executing projects on time and on budget in all types of production environments.
VectorUSA employs more than 350 people tr ained and certified to support the products and services we offer.
Through continuous training and education, we maintain numerous certifications in the areas of Data Center Design and implementation, Collaboration / Video Conferencing, Unified Communicati ons / VoIP, Cloud, Network Infrastructure, Wireless Networking, Cyber Security, Physical Layer - Fiber and Copper Infrastructure, Surveillance & Analytics, Access Control as well as Commercial and Professional Audio-Visual Systems.
Customer service and support is paramount; to provide the best service possible, VectorUSA has two network operation centers one in California and another in North Carolina. This allows us to provide 24/7/365 coverage to our clients.
VectorUSA has established partnerships with the industry leading manufacturers included in our products and service portfolio. Our partnerships include Cisco Gold, Cisco Data Center Architecture, Cisco Collaboration Architecture, HP Enterprise / Aruba Platinum, Microsoft, VMWare, Veeam, Fortinet, Qognify, Milestone Gold, Avigilon, Axis, Hanwa Gold, Siemon Company, CommScope, Corning, Sumitomo, Hitachi, Crestron, Extron as well as other industry leading manufacturers.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Statement of Work
VectorUSA will provide Arctic Wolf 1 Year MDR/Managed Risk Licenses, Platform, and Setup items for the City of Fontana.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Project Parameters / Caveats
Change Order: Any work that is added to or deleted from the original scope of this proposal that alters the original costs or completion date must be agreed upon by both parties in the form of a written change order.
Proprietary Information: The information contained in this document is proprietary to VectorUSA and intended to be used as evaluative and / or bidding information only. No part of this document may be disclosed, reproduced and/or distributed to anyone except the listed recipients within this package without written permission from VectorUSA.
Add & Delete: Any additional work requested outside of the scope of work will be considered as separate work and addressed in
the form of a written change order. This proposal is not to be used as an "add & delete" schedule.
Defective Materials: If, due to problems wi th the existing hardware and / or materials provided by the client or other third parties, here is a delay and / or VectorUSA is unable to perform the work outlined in the scope of work it will be addressed in the form of a written change order.
Extraordinary Service: Certain additional charges related to extraordinary levels of support or out -of-pocket costs incurred by VectorUSA, through no fault of its own, shall be reimbursed to VectorUSA by the client under this agreement.
Examples of costs reimbur sable under this section include, but are not limited to 1) shipping expenses related to unusual site handling fees (e.g., extra distance, no loading dock, extra stairs, extra demurrage charges); 2) storage or special handling expenses incurred if an installation site is not able to accept delivery as scheduled; 3) expenses incurred by VectorUSA to resolve network compatibility issues caused by a client’s election to substitute non - VectorUSA provided equipment or services; and 4) expenses incurred by VectorUSA for additional installation time and / or materials caused by a site not being prepared as called for in this proposal. VectorUSA shall promptly notify the client in writing of such charges. Notification will be provided, when feasible, prior to the i ncurrence of such charges, unless circumstances preclude such prior written notification (by way of example, but not limited to, unusual site handling charges). Provided the incurrence of such charges is not due to VectorUSA’s fault or negligence, VectorUSA shall be entitled to an equitable adjustment in the prices herein, the delivery schedule, or both, to reflect such charges and any related delay.
Schedule: VectorUSA plans to implement this project in a continuous fashion or following the baselined schedule if submitted as part of this project. If delays or changes are introduced that are outside of VectorUSA’s control, and those changes result in additional cost those costs will be addressed in the form of a written change order.
Delays: The client must provide five (5) working days advance notice of any delays that will impact this project. If proper notice is not provided VectorUSA reserves the right to issue a work stoppage change order. Additionally, idle time incurred due to the absence of require d escorts, clearance, permits, inability to enter the workplace, delays by other trades or other factors beyond VectorUSA’s control will be addressed in the form of a written change order.
Workdays / Overtime : All work will be performed during VectorUSA's standard business hours of 7am - 5pm, Monday – Friday, or as specified in the statement / scope of work. If changes to the stated work hours are required due to conditions outside of VectorUSA’s control result in additional cost those costs will be addressed in the form of a written change order.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Price Guarantee
Due to the volatility in markets affecting material costs across all product lines we can only guarantee material costs for 30 days unless otherwise specified. If a purchase order is not received within the guaranteed window any increases will be addressed through a new proposal.
Lead Time Disclaimer
At the time of this proposal lead time for the materials specified was up to 15 days.
Lead times on material orders are verified at the time we submit our proposals based on our understanding of the anticipated project period of performance. With the current volatility in the market driven by supply and demand those lead times cannot be guaranteed past the date of the proposal. Lead times will be refreshed once a purchase order is received and if any items have lead times that impact the project timeline a Stakeholder notification will be sent. If needed alternative “equivalent” products may be discussed and if agreed upon substituted to maintain the desired period of performance.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential
Project Pricing
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Warranty
VectorUSA provides, for all work completed under this contract our Vector USA warranty. This warranty coverers all workmanship for a period of one year unless specifically extended in writing as part of this agreement.
While this agreement extends the manufacturer’s warranty for all items installed that warranty does not include labor required to replace, return, remove, install, or configure those items. If a product or item requires replacement under the manufacturer’s warranty VectorUSA will provide the labor to replace that item on a time & material basis. Materials covered under that warranty will be provided under the warranty, if any additional supporting materials are required that are not covered, they would be billed.
Please note that RMAs typically require the product to be returned in the original packaging. It is recommended that packaging be retained if possible.
This warranty does not include any damages or cost related to unforeseen environmental evens including but not limited to fire, water, rodents, construction, abuse, or misuse. VectorUSA can address and repair issues of this nature through a service request at an additional cost. If VectorUSA responds to a warranty request and upon arriving on site or at any time during that warranty call determines that the issue is related to an uncovered event or condition work will stop and the client shall be notified. If the client authorizes the repairs the warranty call will be converted to a service call and billed accordingly
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Maintenance and Managed Services
Maintenance Services
VectorUSA offers a full complement of proactive maintenance services to ensure the systems and software within this proposal are kept in a healthy and available state throughout the systems lifecycle. VectorUSA maintenance services can be created on a customized basis to ensure the right level of care matches the client’s business objectives and budgeting. Maintenance services are fulfilled by VectorUSA’s Service Center, backed by a full complement of Systems Technicians, Application Specialists and Network Engineers.
Maintenance Services are typically packaged into offerings based on expected lifecycle maintenance tasks or in a looser Time and Materials basis. All maintenance services provided by VectorUSA include priority queueing and 24x7 phone and email support lines, with maintenance tasks receiving proactive, flexible, and predict able scheduling.
VectorUSA maintenance services can be bundled with Software & Hardware support to provide a complete systems maintenance solution for organizations.
Managed Services
VectorUSA provides enterprise-level IT managed services over a nationwide footprint via our (2) U.S. based Network Operations Centers (NOC)s and best-in-class services partnerships.
VectorUSA employs a ITIL -based services portfolio grouped into (3) tiers of packages based on business criticality for each individual system. VectorUSA managed services alleviates the stress on organizations to maintain a fully staffed 24x7 IT support structure, even when the pace of their business operates in a non-stop environment.
By empowering their organizations with VectorUSA managed services, our clients can make data-driven decisions to synchronize technology with their business objectives. Our full complement of core infrastructure managed services is able to support a heterogenous and hybrid IT footprint across geographies.
In addition to its core infrastructure services, VectorUSA manages client programs providing organizations with a single point of contact for its user helpdesk, endpoint & desktop services, and cybersecurity operational services partnerships.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Terms & Conditions
Assumptions and Exclusions: The above stated assumptions and exclusions are fully integrated and incorporated within the below terms and conditions and are to be treated as one inclusive document.
Scope of Services: VectorUSA agrees to provi de the services stated in this Agreement for all Customer Premise Equipment (“Equipment”). VectorUSA does not warrant that the operation of any listed Equipment shall be uninterrupted. The services to be supplied by VectorUSA for the total charge set forth on this Agreement shall consist of personnel services required to respond appropriately to Customer incidents and issues, and requests for additional professional services and materials as required.
Charges for materials and services outside the scope of this Agreement but still required to resolve Customer requests shall be due and payable upon receipt of an invoice after the completion of the installation, repair, or other service. The charges and all other charges payable to VectorUSA under this Agr eement are exclusive of federal, state, or local tax, other than a tax on net income now or hereafter in effect or become applicable to any payment due under this Agreement, or to the Customer’s equipment. The Customer shall file all necessary tax returns and shall pay all such taxes.
Access: Customer agrees to maintain, where required, a full time, dedicated Internet connection and to allow VectorUSA access to the Customer’s network via that Internet connection. Customer agrees to allow VectorUSA employees or subcontractors access to its facilities in order to perform services under this Agreement. Customer agrees to allow VectorUSA access to the covered Equipment. Customer agrees to allow VectorUSA to load any necessary management software on their systems and / or install a Vector-owned device on the Customer network as required. Customer agrees to furnish VectorUSA with Administrator -level password access for all covered Equipment and servers, where necessary. VectorUSA agrees not to prevent Customer f rom accessing any Equipment owned by the Customer. If persons other than VectorUSA representatives shall perform maintenance, or repair the Equipment, and as a result further repair by VectorUSA is required to restore the Equipment to good operating condition, such repair will be made at rates for additional onsite service established in this Agreement.
Limited Warranty: VectorUSA warrants to the Customer that the material, analysis, data, programs, and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. VECTOR USA MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Excusable Delays: VectorUSA shall not be liable for any failure or delay in furnishing maintenance or spare parts hereunder resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil di sturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by Customer to provide full and appropriate access to the covered Equipment, failure of monitoring hardware or software, Customer Internet connection failure, or other causes beyond VectorUSA’s reasonable control.
Exclusions: THIS AGREEMENT DOES N OT INCLUDE THE REPAIR OR REPLACEMENT OF ANY HARDWARE PRODUCT,
OR ANY SOFTWARE LICENSING EXCEPT SOFTWARE INSTALLED AND USED EXCLUSIVELY BY VECTOR USA TO PROVIDE MONITORING AND REPORTING SERVICES. Charges for the above will be on a Time and Materials basis. The Customer is advised to maintain hardware warranties on covered equipment at their own discretion and expense.
Customer is responsible to assure all software used by the Customer is appropriately licensed.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Limitation of Liability: The Customer agrees that VectorUSA will not be liable for any special, incidental, indirect, or consequential damages hereunder, including but not limited to the loss of profit, or liability to third parties, however caused, whether by the act or negligence of VectorUSA or otherwise. It is recognized that the Equipment contains memories or other devices which have accumulated substantial data. In no event shall VectorUSA be liable to the Customer if any such data is lost or rendered inaccurate, regardless of the cause of any such loss or inaccuracy.
VectorUSA’s liability on any claim of loss or liability, arising out of or connected with this Agreement (including, but not limited to, loss or liability arising from VectorUSA’s breach of contract of any alleged act or negligence of Vector) shall in no case exceed the total purchase price of services covered under this Agreement. In no event shall VectorUSA’s liability for any services under this Agreement exceed $25,000. VectorUSA will in no way be held responsible and / or liable for damages, monetary or otherwise, by customer, or any other affected party, in the event of a security breach or network security-related outages, damages, losses, etc.
In no event shall either VectorUSA or the Customer be liable t o the other for any indirect, special, punitive, exemplary, incidental or consequential damages (including, but not limited to, lost profits, lost business opportunities, or loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to any portion of this Agreement, regardless of the legal theory under which such damages are sought, and even if VectorUSA has been advised on the possibility of such damages or loss.
Software and Operating System Errors: This Agreement is limited to services specifically defined in this Agreement.
It is the responsibility of the Customer to ensure that all of its files are adequately backed up and that all necessary materials are available, including manufacturer recovery media for software and other software to be reloaded. In no way is VectorUSA liable for defects or “bugs” in software, or for correcting errors introduced into the data, programs, or any other software due to hardware failure, or for any cost of reconstructing software o r lost data.
Any technical support required to restore data integrity or to make the system function, such as, but not limited to, rebuilding corrupted records, examining files, re-installation of O / S or Software, or re-indexing databases, will be billed separately on a Time and Materials basis.
Indemnification: Both the Customer and VectorUSA agrees to defend, indemnify, and hold harmless the other party, its vendors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the Customer's use of the services in this Agreement.
Scope of Agreement: If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and both the Customer and VectorUSA hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not hereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to the law.
Assignment: This Agreement may not be assigned by either the Customer or VectorUSA without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.
Integration Clause: This instrument contains the entire agreement between the parties hereto and supersedes any and all prior written and / or oral agreements. This Agreement may be altered or modified only in writing signed by the parties hereto.
Applicable Law: This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between the Customer and VectorUSA. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by the Customer for the repair or maintenance of the Equipment in the Equipment. Either party may terminate this Agreement at any time for failure of the other to comply with any of its Terms and Conditions.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Confidentiality, Publication and Non -Compete: VectorUSA and the Customer agree that all information identified by the other as "Confidential" and / or "Proprietary", or which, under all the circumstances, ought reasonably to be treated as Confidential and / or Proprietary, will not be disclosed to any third person without the express written consent of the other party. Confidential Information includes, but is not limited to, information about the respective entities' products and services, information relating to purchasing, accounting, pricing, marketing, and customers not generally known in the business in which the entity has been, is or may become engaged and which is developed by, disclosed to, or becomes known because of or through each party's relationship with the other. Confidential Information does not include any information or development: (i) which is or subsequently becomes available to the public other than through a breach by the receiving party; (ii) which is already known to the receiving party before disclosure by the disclosing party; (iii) which is developed through the independent efforts of the receiving party; or (iv) which the receiving party rightfully receives from third parties without restriction as to use.
Upon the expiration of the term of this Agreement, VectorUSA shall, and shall instruct its agents to whom Confidential Information was disclosed pursuant hereto, continue to treat as confidential and preserve the confidentiality of all Confidential Information received from the Customer.
Neither VectorUSA nor Customer shall directly or indirectly, solicit, recruit, or hire any Customer or VectorUSA personnel, whether or not such personnel performed work for the Customer, during the term of this agreement and for a period of one (1) year after the termination of this agreement. The provisions of this Section shall survive the termination or expiration of the Agreement.
The Customer represents that he is owner of the Equipment subject to this Agreement or if not the owner, he has authority to enter into the Agreement.
Prevailing Wage: Unless specifically stated in the scope of work VectorUSA has based this proposal on non-prevailing wage labor rates. If we are informed or it is determined later that the project is subject to prevailing wage rates for the performance of the public work portion of the contract, VectorUSA will submit those changes / additional costs that the project may incur will be address in the form of a written change order.
Sales Tax: If Sales tax is applicable, it shall be is calculated and billed based on the effective tax rates at the date of invoice.
Payment and Termination: All payments are due net 30 from the date of invoice. VectorUSA reserves the right to stop work, delay delivery of services and / or products for failure by customer to pay within terms of this agreement.
VectorUSA reserves the right to deem this contract in default immediately and terminate it if the payment is delinquent more than thirty (30) days. If customer is in default in the payment of the Agreement charge(s) and fails to cure such default within ten (10) days after receiving written notification of such default, the Customer agrees to pay reasonable collection costs, late charges and / or Att orney Fees. Late charges, if levied, shall be assessed at
1.5% monthly or 18% annually.
Contract: Unless otherwise agreed upon in writing this contract will be executed as a fixed price contract.
Acceptance of Order: This quote is valid until May 13, 2022. The prices, specifications and conditions are satisfactory and are hereby accepted. VectorUSA is authorized to do the work as specified. Signature and Purchase Order due upon acceptance.
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VectorUSA / 8647 E 9th St., Rancho Cucamonga, CA 91730Confidential Signature & Acceptance
Material Total $ 148,093.65
Labor Total $ 0.00
Tax Total $ 644.50
Proposal Total $ 148,738.15
Deposit $
Proposal Balance $
Accepted and Approved for:
City of Fontana VectorUSA
8353 Sierra Ave 8647 E 9th Street
Fontana, CA 92335 Rancho Cucamonga, CA 91730
(Date) (Date)
(Printed Name) (Printed Name)
(Printed Title) (Printed Title)
(Signature) (Signature)