15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.
16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.
17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.
19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. (b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers,
employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.
21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
CITY
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk
CONSULTANT
TESCO Controls, LLC
8440 Florin Road
Sacramento, California 95828
Attention: Brian K. Adams, PE
22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of CITY. [Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ. Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.
Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only ____________________(“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPAL from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.
23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.
24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.
25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.
27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.
29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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Exhibit “A”
Scope of Services
And Payment Terms
Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 23A228Q077 Page | 1 of 6
To: City of Fountain Valley Quote Date: 5/2/2024
Attn: Scott Kim Quote No.: 23A228Q07
Re: City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the following scope of work pertaining to the above-referenced project.
The following proposal shall include required hardware, software, and engineering services to upgrade the City of Fountain Valley existing AVEVA SCADA system with the latest computer and network hardware. This will include and not limited to, upgrade of the existing AVEVA SCADA System to AVEVA’s Flex Subscription package and upgrade of the existing TopView alarm package. It is the intent of this proposal to upgrade, furnish, and configure the host SCADA servers in a VMWare ESXi Virtualized configured system.
Any and all software and licensing including AVEVA software, communication servers/drivers, computer software, and Microsoft software shall be relinquished and registered to the City of Fountain Valley. TESCO understands the upgrade will be a complete hardware and software refresh of the existing configuration and that the existing SCADA screen configuration shall be re-used. The new SCADA system hardware shall include new rack mounted servers, Network Attached Storage (NAS) device, pre-configured network router, firewall and operator workstations (thin clients).
Network segregation and defense in depth will be enhanced through the use of switches, routers, and firewalls.
These network devices will be configured according to cybersecurity guidelines to further harden the system following industry best practices. Additionally, the SCADA architecture will include a Demilitarized Zone (DMZ), which will be utilized to establish secure remote operator access to the SCADA system. To further adhere with modern cybersecurity best practices, a dedicated host server (separate from the control system hypervisors) will reside in the DMZ and be secured through a firewall to ensure only access of credentialed and authorized users is permitted. The design of the proposed system follows NIST 800 and ISA 62443 recommendations.
TESCO will also furnish and configure backup software (Veeam), which will automatically capture scheduled backups of the critical virtual machines (VMs), SCADA applications, and historical data. All backups will be deposited on a network attached storage device (NAS) equipment dedicated for data storage purposes. In the event of a failure, the system functionality can quickly be recovered from the stored backups.
TESCO will furnish a material and equipment submittal package with technical data for review and approval prior to procurement of the proposed system equipment. The submittal package will include a project schedule with milestones for review and acceptance by the City of Fountain Valley. TESCO shall also furnish O&M and software manuals for new computer and software systems, final system diagram & overview diagram, perform field integration of the new system including startup, testing, and commissioning for a turn-key upgrade of the existing SCADA system. This shall include demonstration testing and system training prior to the City’s final acceptance.
Please Note: The existing SCADA rack enclosure located at the city’s Public Works Office will be reused to house the new rackmount hardware furnished on this project. The primary objective of this project is to upgrade the SCADA system and system architecture; therefore, no new development of the screens/graphics or tag databases related to remote sites will be performed. All Microsoft and Antivirus Software is to be furnished by the city.
City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
TESCO CONTROLS
File Ref. 23A228Q077 Page | 2 of 6
SCADA System Software, Hardware, and Services
Item Description Price
1 AVEVA SCADA System and Historian Software License Version Upgrades with Operating System Software to Include:
▪ Qty. of (1) AVEVA Flex Subscription, InTouch HMI Unlimited – 1000 Credits/Year; Standard Support – 3 Year Term
▪ Includes InTouch Tag Server with unlimited tags, InTouch WindowMaker
▪ Includes redundant configuration, supports 1 InTouch application ▪ Unlimited RDS clients, unlimited web clients with workspaces, includes historian clients
▪ Standard Communication Driver with redundancy
▪ 100K Tag Historian with redundancy
▪ Reports for Operations Server
▪ Customer First Technical Support
▪ Qty. of (1) TopView for AVEVA Restricted Unlimited tag with failover; includes (1) year of support
▪ Qty. of (1) MultiTech MTR-LNA7-B07-US modem for spare ▪ MS Office 2019 Pro+ (Furnished by the City of Fountain Valley) ▪ MS Server 2019 2-Core Licenses (Hypervisor 01, 02 & DMZ Hypervisor) (Furnished by the City of Fountain Valley)
▪ MS Server 2019 RDS Licenses (CAL) (Furnished by the City of Fountain Valley) ▪ MS Server 2019 Client Access Licenses (CAL) (Furnished by the City of Fountain Valley)
▪ Veeam (VM Backup)
▪ VMWare ESXi Essentials (for Hypervisors and DMZ)
▪ McAfee Antivirus (Furnished by the City of Fountain Valley) $109,150.00
2 SCADA System and System Network Hardware to Include:
▪ Qty. of (3) Dell PowerEdge series host servers, Intel Xeon processor (Hyper01, Hyper02, & DMZ)
▪ Qty. of (1) QNAP NAS 4-Bay w/rails, RAID 1
▪ Qty. of (4) 4TB NAS Drives
▪ Qty. of (1) Time Server
▪ Qty. of (1) QNAP NAS 2-Bay with Qty. of (2) 4TB NAS Drives (DMZ) ▪ Qty. of (1) Remote Access Firewall – Palo Alto Networks #PAN-PA-440 (w/ 3- year subscription license: Global Protect, Threat Prevention, & Partner Enabled Premium Support) Includes Rack Mounting Kit PAN-PA-400 RACKTRAY (Furnished by the City of Fountain Valley)
▪ Qty. of (1) Cisco Core Router #C8200L-1N-4T, with Network Interface Module #NIM-ES2-8
▪ Qty. of (1) Cisco Core Switch #C9200L-24T-4G-E (w/ 3-year Network Architecture Essentials Term License)
▪ Qty. of (1) Cisco DMZ Switch C9200CX-8P-2X2G-E (w/ 3-year Network Architecture Essentials Term License)
▪ Qty. of (1) Cisco Workstation Switch C9200CX-8P-2X2G-E (w/ 3-year Network Architecture Essentials Term License)
▪ Qty. of (2) Dell Local Thin Clients with 27” Monitors ▪ Qty. of (1) KVM, UPS, and Misc. cables
▪ Qty. of (6) Samsung 46” Ultra Narrow Bezel LCD Video Wall Monitors for Business
$115,560.00
City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
TESCO CONTROLS
File Ref. 23A228Q077 Page | 3 of 6
Item Description Price
3 TESCO Professional Services to Include:
▪ Project Engineering & Project Management: (project coordination and scheduling, system diagram / communication overview diagram, submittals, develop project schedule, system cut over plan, factory and field test schedules, training schedule, and O&M’s)
▪ SCADA Configuration Services:
▪ Server Configuration and setup of new Control System servers and DMZ ▪ Setup and installation of upgraded and new software packages including Microsoft, AVEVA, and client access licenses (Mobile device hardware by others)
▪ Configuration of operating system, migration of existing SCADA database, graphics, trends, setpoints, alarms, etc.
▪ Configure local operator workstations and confirmation of client access to SCADA
▪ Configuration of new DMZ server for secure remote access to SCADA ▪ Develop user credentials and permissions as required of cybersecurity best practices
▪ Configure Veeam to execute regularly scheduled backups of the SCADA VM’s
▪ Develop the Antivirus Server VM’s on Hypervisor & DMZ as required for management of security threat detection and prevention throughout the SCADA network
▪ Perform factory test
▪ Perform on site implementation, installation, and setup ▪ Perform startup, operational test, and SCADA training ▪ Network & Telemetry Services:
▪ configure the local network switches, firewall and router as required to manage the SCADA hardware connections and establish the proper separation between the SCADA and Process Control networks ▪ communications testing and functional verification of the SCADA network hardware
▪ configure the DMZ switch for management of data exchange and connectivity of the SCADA hardware residing in the DMZ
$287,630.00
TOTAL FOR ITEMS 1 – 3 (including applicable sales tax): $512,340.00 Billing Milestones
Project Stage: Progress Payment:
Project Initialization....................................................................................................................................10% Engineered Product Submittals Furnished .................................................................................................15% Internal Factory Testing / Ready to Ship ....................................................................................................60% Deployment, Field Verification, & Startup .................................................................................................10% Project Closeout ...........................................................................................................................................5%
City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
TESCO CONTROLS
File Ref. 23A228Q077 Page | 4 of 6
▪ As part of TESCO’s established standards, we will partner with the City of Fountain Valley to include the following base procedures to address some of the most critical aspects of the cybersecurity of your system (please note, we do recommend a full cybersecurity assessment of your process control system in addition to our base procedures that have been included in this quote):
1. Document the installed equipment for tracking purposes and define who within the City will be responsible for the new equipment
2. Apply strict controls to all removable media such as USB ports and CD/DVD drives
3. Disable auto-run at the BIOS & operating system levels (to the extent that the manufacture allows)
4. Update all computer firmware to the latest appropriate versions
5. Secure the configurations, enable security logging, and track all remote access to the system
6. Install the latest approved patches for the operating system and all installed software packages
7. Disable unnecessary operating system services to minimize known vulnerabilities
8. Limit the use of administrator rights to the extent necessary on all operating systems
9. Change all default passwords on all hardware and software to strong managed passwords (to the extent that the manufacture allows)
10. Configure auto-logout within all SCADA application software (system becomes view only)
11. Configure auto-lockout (after three failed login attempts) on all operating systems and networking equipment (provided by TESCO) to the extent that the manufacture allows
12. Clock synchronization on all devices (provided by TESCO) by utilization of a network time server so that all timestamps within the various event and security logs are synchronized (to the extent that the manufacture allows)
13. Enable security logging on all equipment that we provide and restrict access to configuration settings and security settings (to the extent that the manufacture allows)
14. Follow strict internal change management policies and procedures to ensure that any changes to hardware or software are documented to ensure that the control system is protected against improper modifications prior to and during commissioning
15. Perform verification of industrial grade remote access device to ensure that all physical access to the device is tightly controlled (to the extent that the manufacture allows) a. Implement a default deny all rule
b. Implement egress filters where there is no need for outbound traffic (block internet access for staff)
c. Enable and monitor firewall logs to look for anomalous traffic
16. Utilize the existing VPN appliance for remote access to the control system a. Change the TCP port numbers for well-known remote access protocols from their defaults b. Configure VPN such that split tunneling is not allowed c. Monitor and log all remote access sessions
d. Require the use of strong passwords
17. Implement secure backup procedures to ensure that The City can recover their systems completely should there ever be a security breach
18. Create comprehensive software and configuration backups and securely store them at TESCO
19. Provide a confidentiality agreement and a Service Level Agreement with TESCO that provides 24/7/365 availability of TESCO resources in the event of an emergency
City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
TESCO CONTROLS
File Ref. 23A228Q077 Page | 5 of 6
Project Clarifications
▪ Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services, or any trade installation services. Any trade labor and/or related trade work shall be performed by others/contractor. ▪ Unless otherwise indicated by the Scope of Work above, the following is not included within this quotation:
▪ Conduit, field wire, tubing, or basic trade installation materials (brackets, screws, bolts, j-box, stanchions, pull-box, etc.)
▪ Instrumentation mounting components, brackets, stanchions, sunshields, etc. ▪ Local control stations and/or field mounted disconnects. ▪ Instrumentation, devices, components, or equipment not specifically identified in the above quotation. ▪ Fiber optic patch panels, cable, splicing or terminations. ▪ Networking infrastructure or architecture modifications to existing facilities. ▪ Any 3
rd party testing, harmonic testing/analysis, protective device coordination study, short-circuit analysis, or Arc-Flash Risk Assessment (AFRA) services. ▪ Electrical interconnection diagrams for equipment not furnished by TESCO. ▪ ISA process control loop diagrams.
▪ Signal loop diagrams for equipment not furnished by TESCO.
Clauses, Terms and Conditions
▪ Addendums Acknowledged: 0
▪ Quote is firm for 30 days unless otherwise stated.
▪ Submittals:
▪ Product/Equipment Submittals: Initial equipment submittal(s) “schedule” to be provided approximately 06 weeks after receipt of purchase order or written notice of intent. Lead-time for this “schedule” may be subject to delays imposed by 3
rd party submittal providers. Submittal “schedule” will list all project submittals and will indicate lead-times for each product/equipment submittal. Generation of submittal(s) may be subject to availability of specified material components; supply-chain constraints may impact material item selections, therefore, may impact submittal lead-times. ▪ Information Submittals: Information Submittals are dependent on the approval of Product/Equipment Submittals. An updated Submittal Schedule will be provided after receiving approval of corresponding Product/Equipment Submittal showing schedule and lead-times for Information Submittals. ▪ Delivery: Initial shipment(s) anticipated to commence approximately 20-22 weeks minimum after Product/ Equipment Submittal approval; however, delivery schedule(s) will be contingent on supply-chain availability and variability for material component selections, therefore, lead-times are subject to change. Delivery schedules will be confirmed and provided after receiving Product/Equipment Submittals approval. ▪ Lead-Time & Supply Chain Impacts: Due to the supply chain impacts imposed by the pandemic, all quoted lead-times are subject to change.
▪ Storage Terms: Any item of the product on which shipment is delayed by Buyer may be placed in storage by Seller at Buyer’s expense and risk. If a delay in shipment is requested by Buyer after an order has been entered and accepted:
▪ a. No charge will be made if the request for delay is made more than six (6) weeks before acknowledged shipping date and the requested delay is for a period not in excess of thirty (30) days. ▪ b. A charge will be made if the requested delay exceeds a period of thirty (30) days or if the request is made within six (6) weeks of the acknowledged shipping date. Seller will advise Buyer of the charge within ten (10) days of receiving Buyer’s request for delay.
▪ c. If the product is within six (6) weeks of the acknowledged shipping date, then Seller has the option of completing, invoicing and storing the product and charging one and one-half percent (1.5%) per month, or the maximum percentage permitted by law, whichever is lesser, of the established price for such product, plus storage cost.
▪ TESCO price is Ex Works (EXW) per INCOTERMS, freight allowed.
City of Fountain Valley Supervisory Control and Data Acquisition (SCADA) System Upgrade
TESCO CONTROLS
File Ref. 23A228Q077 Page | 6 of 6
▪ Product startup will commence once the product is properly installed and powered up. If buyer requests or schedules product startup and seller is unable to conduct startup due to product not being properly installed, powered, or ready for startup (including being put into full service or full operation), then a fee of $1500 will be charged to buyer to remobilize seller for product startup. ▪ TESCO carries liability insurance, with full worker's compensation coverage. ▪ TESCO warranties against defect in design workmanship and materials for a period of one year from date of product startup, and does not exceed 18 months from the date of shipment from the factory. ▪ Unless otherwise stated above, price does not include any sales tax, use tax, or applicable fees; please apply any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable. ▪ Invoices will be billed in accordance with a customer-approved schedule of values and customer-approved pay application.
▪ Terms are net 45 days on approved credit. Shipment release requires the following:
▪ Accounts with sub-par credit will require 50% down-payment upon order and 50% payment at pickup (prior to shipment).
▪ Accounts with approved credit, all milestone progress payments must be current for releasing shipment or deploying services.
▪ Interest will be applied to all past due invoices. Buyer shall pay to Seller all invoiced amount within forty-five (45) calendar days from the date of such invoice. Flow-down provisions are not accepted. In the event any payment becomes past due, Buyer shall pay interest on all late payments, calculated daily and compounded monthly at the rate of 1.5% per month. Buyer shall also reimburse Seller for all reasonable costs incurred by Seller in collecting any late payments, including attorneys' fees and court costs. ▪ Price Escalation: If between the proposal date and actual procurement and through no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other Seller costs combined relating to the contract, increase by greater than 2.5% of the overall contract price, then the contract price shall be subject to escalation and increased. Such increase shall be verified by documentation and the amount of contract price escalation shall be calculated as either the actual increased cost to the Seller or, if agreed by the Parties, the equivalent increase of a relevant industry recognized third-party index, and in both cases without any additional profit or margin being added.
▪ All merchandise sold is subject to lien laws.
▪ A processing fee of up to 4% will be added for credit card payments. ▪ TESCO’s liabilities shall not exceed 10% of TESCO’s total order value. ▪ Final retention to be paid within 10 days after the project notice of completion.
Please feel free to contact us at (916) 395-8800 to discuss any questions or comments you may have regarding this quotation.
Sincerely,
TESCO CONTROLS
Tucker Harrison
Technical Sales Estimator
[email protected]
Exhibit “B”
InsuranceSpecifications
EXHIBIT “B”
INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000.00 dollars per occurrence, $ 2,000,000.00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $ 1,000,000.00 dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 1,000,000.00 dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $ 4,000,000.00 dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.
CONSULTANT shall maintain professional liability insurance that covers the services to
be performed in connection with this AGREEMENT, in the minimum amount of $ 1,000,000.00 dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT. [Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $ 1,000,000.00 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.
CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than $ 1,000,000.00 dollars per person and $ 2,000,000.00 dollars per occurrence for personal injury. The limit of property damage liability shall be not less than $ 1,000,000.00 dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this
AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability
policies. Coverage available to the additional insured shall be primary and noncontributory.
Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
HTTP://WWW.INSIGHT.COM
INSIGHT PUBLIC SECTOR SLED Page 1 of 2
2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 11046626
CITY OF FOUNTAIN VALLEY
LEE PRATT
10200 SLATER AVE
FOUNTAIN VALLEY CA 92708-4736
SHIP-TO
CITY OF FOUNTAIN VALLEY
LEE PRATT
10200 SLATER AVE
FOUNTAIN VALLEY CA 92708-4736
We deliver according to the following terms:
Payment Terms : Net 30 days
Ship Via : Electronic Delivery
Terms of Delivery : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 0227435170
Document Date : 21-MAY-2024
PO Number :
PO release: :
Sales Rep : Christopher Letsinger
Email : [email protected]
Telephone : +14804096848
Sales Rep 2 : Dorene Schmitt
Email : [email protected]
Telephone : +15097422278
Coverage Dates: 7/1/2024 - 11/30/2024
Material Material Description Quantity Unit Price Extended Price 9EA-00039-ESA3 Microsoft Windows Server Datacenter Edition - license & software assurance - 2 cores
56 563.75 31,570.00
Coverage Dates: 01-JUN-2024 - 30-NOV-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 75440419
DEPLOY DATE : 21-MAY-2024
6VC-01252-ESA3 Microsoft Windows Remote Desktop Services - license & software assurance - 1 user CAL
17 106.21 1,805.57
Coverage Dates: 01-JUN-2024 - 30-NOV-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 75440419
DEPLOY DATE : 21-MAY-2024
W06-01066-ESA3 Microsoft Core CAL - license & software
assurance - 1 user CAL
17 159.53 2,712.01
Coverage Dates: 01-JUN-2024 - 30-NOV-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 75440419
DEPLOY DATE : 21-MAY-2024
AAD-34704-ESA3 Microsoft 365 G3 - subscription license - 1 user
2 156.01 312.02
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
Coverage Dates: 7/1/2024 - 11/30/2024
LICENSE : 75440419
HTTP://WWW.INSIGHT.COM Document Date 21-MAY-2024
Quotation Number 227435170
Product Subtotal 36,399.60
TAX 0.00
Total 36,399.60
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.
Sincerely,
Christopher Letsinger
+14804096848
[email protected]
Fax 4807608104
Dorene Schmitt
+15097422278
[email protected]
Fax 8005460565
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.
This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.
SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
ESTIMATE
NMK Corporation
2740 N Springfield St
Orange, CA 92867
[email protected]
+1 (714) 312-6786
www.nmk-corp.com
City of Fountain Valley
Bill to
Scott Kim
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
Ship to
Scott Kim
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
Estimate details
Estimate no.: FV-034
Estimate date: 05/15/2024
Expiration date: 06/14/2024
# Product or service Description Qty Rate Amount
1. PAN-XDR-ADV-EP Palo Alto Networks - Cortex XDR Pro for 1 endpoint
- includes 30 days of data retention and
standard success
20 $106.37 $2,127.40
Total $2,127.40
Expiry
date
06/14/2024
ESTIMATE
NMK Corporation
2740 N Springfield St
Orange, CA 92867
[email protected]
+1 (714) 312-6786
www.nmk-corp.com
City of Fountain Valley
Bill to
Scott Kim
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
Ship to
Scott Kim
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
Estimate details
Estimate no.: FV-031
Estimate date: 05/09/2024
Expiration date: 07/26/2024
# Product or service Description Qty Rate Amount
1. PAN-PA-440 Palo Alto Networks PA-440 NGFW 1 $880.40 $880.40
2. PAN-PA-440-BND Palo Alto Enterprise Subscription Bundle - 5 years
1 $2,669.20 $2,669.20
3. PAN-PA-440-GP Palo Alto Global Protect Subscription
- 5 years
1 $996.70 $996.70
4. PAN-SVC-PREM Palo Alto Premium Support (5 years) 1 $1,288.00 $1,288.00
5. PAN-PWR Palo Alto AC Power Adapter 1 $86.80 $86.80
6. PAN-RACKTRAY Rackmount Tray for PA-440 NGFW 1 $130.20 $130.20
7. Professional Services Installation and Configuration 1 $1,350.00 $1,350.00 Note to customer
Pricing based on California Multiple Award Schedules (CMAS) and General Services Administration (GSA) contract GS-35F-0349S.
Subtotal $7,401.30
Sales tax $96.02
Total $7,497.32
Expiry
date
07/26/2024
City of Fountain Valley
OP156666 S Kim Palo Alto Firewall config services - SCADA GST STATEMENT OF WORK:
Quote # 146384
Scott Kim
[email protected]
Thursday, May 16, 2024
Version 1
Golden Star Technology
Jack Lan
Email: [email protected]
12881 166th Street
Cerritos, CA 90703
Phone: (562) 345-8707
OP156666 S Kim Palo Alto Firewall config services - SCADA Prepared by: Prepared for: Quote Information:
Golden Star Technology City of Fountain Valley Quote #: 146384 Jack Lan
[email protected]
(562) 345-8707
Scott Kim
[email protected]
10200 Slater Ave
Fountain Valley, CA 92708
Version: 1
Quote Date: 05/15/2024
Expiration Date: 06/30/2024
IT Statement of Work
SUMMARY
Description
This project consists of configuring a new Palo Alto 440 firewall to replace the existing Cisco ASA 5505.
Location
10200 Slater Ave, Fountain Valley CA 92708
Scope of Work
Upgrade firmware to the latest recommended version.
Set IP address, default gateway, and subnet mask.
o This information will be provided by the City of Fountain Valley IT team. Migrate the existing Cisco ASA 5505 configuration to the new Palo Alto 440 firewall. o Cisco ASA 5505 configuration will be provided by the City of Fountain Valley IT team. Configure Global Protect for 15 users.
Follow best practices by industry standards.
Apply web filtering if necessary.
Test connectivity with SCADA systems.
Remediate any issues.
Out of scope
Firewall config cleanup.
VLAN cleanup.
CUSTOMER REQUIREMENTS
GENERAL RESPONSIBILITIES
Coordinate the preparation of any hardware and/or software that is not included for this project. Ensure that existing hardware is fully functional and software/firmware is updated. Assure that the environment is 100% ready. If the environment is not 100% ready the scheduling of the implementation will not be finalized until it is.
Customer is responsible for providing 24 hours or greater advanced notice for the rescheduling or cancellation of GST’s onsite engineering services. If less than 24 hours is given the customer will be charged a half day of GST’s engineers time at $200/hr.
Coordinate service deployment on third-party maintained hardware/software (if applicable). Assign a designated person from the Customer’s staff who, on behalf of the Customer will grant all Quote #146384 v1 Page 493 Page: 2 of 7
approvals, provide information, and otherwise be available to assist GST to facilitate the delivery of this service.
Ensure that all hardware, firmware, and software that the GST engineer will need in order to deliver this service are available.
Allow GST full and unrestricted access to all locations where the service is to be delivered. Provide a suitable work area for delivery of the service, including access to an outside telephone line, power, any network connections, etc. that is required.
Be responsible for all data backup and restore operations Provide one point-of-contact that will finalize decisions during the project. Provide necessary documentations, paperwork, schematics, line drawings, and information for GST to complete the project. Any delays in providing the necessary project documentation will delay the project.
SERVICES TERMS AND CONDITIONS
NON-COMPETE CLAUSE
GST assigns service professionals with qualifications commensurate with tasks listed in this scope of work. If the customer, directly or indirectly, contracts with or hires any GST employee engaged in providing services to the customer under this agreement or any other agreement, written or oral, GST will have the option of negotiating a change in the cost and/or time to deliver or charge the customer the equivalent of 30% of the employees’ annual salary as a finder’s fee. This clause is applicable for a period of up to ninety days from the last date of services rendered by a GST employee to the customer.
TIME RECORDS
Each employee, either directly employed by GST or a subcontractor (hereinafter called “GST employee”) will present a time record to the customer setting forth the hours worked. An authorized representative of the customer must countersign the record and will thereby certify that such time is correct and that the work was performed in a satisfactory manner.
NORMAL BUSINESS HOURS
GST service hours are 8:00 am to 5:00 pm Monday through Friday. Overtime (over 8 hours in one day), scheduled after hours and weekends are charged at time and one-half of contracted service rate. Emergency after hours, weekends and holidays are charged at two times contracted service rate. Customer is responsible for providing 24 hours or greater advanced notice for the re-scheduling or cancellation of GST onsite engineering services. If less than 24 hours is given the customer will be charged a half day of GST engineering time at $200/hr.
TERMINATION TERMS
Client may terminate work under this Statement of Work, in whole or in part, at any time by 30 day written notice.
Such notice shall state the extent and effective date of such termination. Upon receipt thereof, GST shall, to the extent directed by the Client or its designees, stop work under this agreement. If the agreement is so terminated for convenience, GST shall be paid in accordance with the terms of the order for only those materials or supplies delivered and accepted. GST shall have the right at any time by written notice to the Client to terminate all or any part of this project without cause. GST will provide 30 days’ prior written notice. In the event of such termination for convenience, GST shall be entitled to payment for all work performed up to the date of the termination.
COMMENCEMENT OF WORK
Work shall not commence under the Contract until a fully executed agreement has been received by GST and GST has been given approval to proceed by customer.
DATA LOSS
GST make no guarantee against data loss during services engagements. It is the customers responsibility to ensure data is properly protected (backed up) before the engagement begins.
PRODUCT RETURNS
Standard stock items purchased from GST may be returned for any reason within (14) fourteen days. Custom orders are non-returnable and non-refundable. All original packaging, accessories and documentation must accompany the item and be in unmarked condition. Items must be shipped via at least 2nd day freight with Quote #146384 v1 Page 494 Page: 3 of 7
insurance for the full value of the item. Returned items are subject to a 25% restocking fee. Though rare, a customer may need to return a defective product. Defective product returns are not subject to the 25% restocking fee and will be exchanged in accordance with the manufacturer’s policy within 30 days of purchase.
PROJECT DELAYS
Delays due to client configuration specifications, hardware delivery, carrier availability, and facility access, physical or environmental delays are subject to change orders as billable delays. These delays can also impact project timeline and deadlines.
PREVAILING WAGE CLAUSE
GST holds the right to charge the customer additional services fees if the project is deemed to have prevailing rates of wages requirements prior, during, or after project completion. GST adheres and complies with the provisions of the California Labor Code. All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations, according to the type of work and location of the project. The prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification or type of work within the locality and in the nearest labor market area (if a majority of such workers are paid at a single rate).
If there is no single rate paid to a majority, then the single or modal rate being paid to the greater number of workers is prevailing.
GST SERVICES WARRANTY
QUALITY OF SERVICES
GST warrants that its Services will be of professional quality (performed in a good and workmanlike manner) and will conform to generally accepted industry standards for such Services and to the requirements specified in this SOW. GST’s personnel shall be competent and qualified to perform the tasks to which they are assigned. In the event of any breach of this warranty, GST, at its sole expense and without delay, shall re-perform the nonconforming Services to the applicable standard.
WORKMANSHIP WARRANTY
GST certifies that all equipment and materials furnished shall carry a ninety (90) day warranty on parts. GST guarantees to furnish any qualified personnel (during normal business hours, Monday to Friday, 8:00 am to 5:00 pm) to the installation site for the period of one (1) year from the date of installation to repair or replace defective items installed or provided by GST exclusively. If the item is determined to not be defective, GST will charge the customer for all time spent on the incident at a rate of $175/hour. Determination if item is defective or was changed, damaged, reconfigured, or altered by non GST personnel is under sole authority of GST. Any change, alteration, damage, or reconfiguration by non GST personnel voids one (1) year warranty. No response timeframe SLA guaranteed for warranty work. Further, all equipment purchased from GST in our installed system is subject to a manufactures warranty. Further, all equipment purchased from GST in our installed system is subject to a manufacture warranty. GST will not honor any other warranty, implied or otherwise. In no event shall GST be liable, or in any way responsible for damages, or defect in the system, which were caused by neglect, vandalism, misuse, environmental damage or by repairs or attempted repairs performed by anyone other than a GST service technician. Nor shall GST be liable or in any way responsible for any incidental or consequential economic or property damage.
CHANGE MANAGEMENT
GST establishes change management procedures to document changes that are made to the baseline project identified in the Statement of Work. These procedures are in place to reduce the potential for cost and schedule variances.
Customer is responsible for providing 24 hours or greater advanced notice for the re-scheduling or cancellation of GST engineering services. If less than 24 hours is given the customer will be charged a half day of GST engineering time at $200/hr.
If a change needs to be made to the project, which is not included in the SOW or differs from the SOW, GST or the client must complete the Change Management Request form. GST will review the completed form and provide an Quote #146384 v1 Page 495 Page: 4 of 7
estimate to complete the request. Client must approve the additional hours/costs in order to complete the request.
In the event a change requested by the customer reduces the amount of work and the project is a firm fixed priced project, the full amount of the project will be invoiced.
A change occurs when GST encounters any of the following situations during project delivery:
1. Either party identifies new requirements not included in the original project’s scope
2. Either party makes suggestions that would improve the proposed system but are not necessarily required to address the project requirements; such suggestions are incorporated into a subsequent project phase
3. Either party changes the direction and intent of this project, which requires GST to rework the solution design or services
Changes in the scope of work defined in this Statement of Work are only effective if both the customer and GST agree to them in a written document setting forth the modifications and any changes to the delivery schedule and payment terms.
GST PROJECT MILESTONE PAYMENTS
Unless otherwise agreed in writing by GST and the Client, the total GST services engagement price shall be billed as follows: 25% of the entire project at time of order or provided Purchase Order “PO” has been provided, 100% of hardware and software upon delivery, and remainder upon project completion and Client sign-off or first beneficial use, whichever occurs first.
Quote #146384 v1 Page 496 Page: 5 of 7
IT - Firm Fixed Price Services
Item Description Qty Price Ext Price Tax
1 GST-SVC-FFP GST Firm Fixed Priced Service 1 $6,280.00 $6,280.00 0% Subtotal: $6,280.00
Tax Subtotal: $0.00
Shipping
Item Description Qty Price Ext Price Tax
1 GST-SHIPPING SHIPPING CHARGE 1 $0.00 $0.00 0%
Quote Summary
Description Amount
IT - Firm Fixed Price Services $6,280.00
Total: $6,280.00
Quote #146384 v1 Page 497 Page: 6 of 7
Terms & Conditions
THIS IS A QUOTATION ONLY AND IS NOT AN ORDER OR OFFER TO SELL.
All prices and descriptions are subject to change without notice. No contract for sale will exist unless and until a purchase order has been issued by you and accepted by Golden Star Technology Inc. (“GST”). By issuing a purchase order to GST, you agree to GST’s Terms and Conditions of sale set forth in GST’s quote, GST’s invoice, and GST online Terms and Conditions (https://gstinc.com/resources/terms-and-conditions/). If there is a separate purchase agreement signed by both your company and GST, the separate agreement will govern.
The prices contained in this list may not be relied upon as the price at which GST will accept an offer to purchase products or provide services unless expressly agreed to by GST in writing. Products and/or services quoted were selected by GST based on specifications available at the time of the quotation and are not guaranteed to meet your specifications. Product and services specifications may be changed by the manufacturer without notice. All products are subject to availability from the manufacturer. It is your responsibility to verify product and service conformance to specifications of any subsequent contract.
The freight costs listed are estimates. Shipping costs may vary based on time of purchase, additional services required, quantity ordered, shipment carrier and warehouse sourced. Actual shipping costs will be calculated during shipment and will be reflected on your invoice.
For hardware product(s), manufacturer warranty will begin upon physical delivery of the hardware product(s) by the customer or GST warehouse. For software product(s), the manufacturer warranty will begin upon electronic or physical receipt of the software product(s) by you or GST. Any returns must be approved by GST based on manufacturer approval. More details at gstes.com/RMA.
Client acknowledges that applicable sales tax rates may change after the initial quotation is provided and before the final invoice is issued. In the event of a change in the applicable sales tax rate, GST reserves the right to adjust the sales tax amount accordingly. The Client agrees to pay the updated sales tax amount as required by applicable law at the time of the invoice issuance.
GST is not responsible for compliance with regulations, requirements or obligations associated with any contract resulting from this quotation unless said regulations, requirements or obligations have been passed to GST and approved in writing by an authorized representative of GST.
GST DOES EVERYTHING WE CAN TO ENSURE THAT THE PRICES WE HAVE QUOTED ARE CORRECT AND CURRENT. DUE TO SHORTAGES OF RAW MATERIAL, INCREASED LOGISTIC COSTS, AND TARIFFS, PRICING
MAY INCREASE AT ANY TIME FROM OUR VENDORS AND MANUFACTURERS THAT IS OUT OF OUR CONTROL.
Quote #146384 v1 Page 498 Page: 7 of 7
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 1 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 02/20/2024
SERVICE ORDER
THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect.
Spectrum Enterprise Contact Information
Contact: Gustavo Duarte
Telephone: (858) 635-8457 8306
Email: [email protected]
Customer Information
Customer Name
CITY OF FOUNTAIN VALLEY
Order #
14198817
Address
10200 Slater Ave Fountain Valley CA 92708
Telephone Email:
Contact Name Telephone Email:
Billing Address
10200 Slater Ave Fountain Valley CA 92708
Billing Contact Name Telephone Email:
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 2 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 02/20/2024
NEW AND REVISED SERVICES AT 10200 Slater Ave Unit PD, Fountain Valley CA 92708 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
5 Static IP Addresses 12 Months 1 $35.00 $35.00
Fiber Internet 1Gbps 12 Months 1 $1,100.00 $1,100.00
TOTAL* $1,135.00
ONE TIME CHARGE(S) AT 10200 Slater Ave Unit PD, Fountain Valley CA 92708 Service Description Quantity
One Time
Charge(s)
Total
One Time
Charge(s)
FIA Installation 1 $0.00 $0.00
TOTAL* $0.00
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 3 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 02/20/2024
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 4 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 02/20/2024
1. TOTAL CHARGE(S). Total Monthly Recurring Charges and Total One-Time Charges are due in accordance with the monthly invoice.
2. TAXES. Plus applicable taxes, fees, and surcharges as presented on the respective invoice(s).
3. SPECIAL TERMS.
By signing below, the signatory represents they are duly authorized to execute this Service Order.
CUSTOMER SIGNATURE
\s1\
Signature: /spectrumsigner1/
\n1\
Printed Name: /spectrumsignername1/
Title: /spectrumsignertitle1/
\d1\
Date: /spectrumsigneddate1/
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 5 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 02/20/2024
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