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Home My WebLink AboutC27490 RFP New Telecommunication SystemContrqact No. C27490oS City of Palm Desert FINANCE STAFF REPORT REQUEST: Authorize staff to develop and issue a Request For Proposal (RFP) for a new telecommunications system SUBMITTED BY: Douglas Van Gelder, Director of Information Systems DATE: March 27, 2008 CONTENTS: Telecommunications Systems Review Findings and Recommendations Report and proposal from Client First for Telecommunications System Selection and Implementation Consulting Services Recommendation: That the City Council, by minute motion: 1. Authorize staff to develop and issue a Request For Proposal (RFP) for a new Telecommunication System (Phone). 2. Retain ClientFirst Consulting Group to assist City Staff in development of the RFP, the review of submitted responses to the formal RFP and the selection of a system/vendor to bring back to Council at a future date with total cost. 3. Allocate $35,000 for retaining ClientFirst Consulting Group from General Fund to 110-4190-415-3091. Once a new telecommunication system/vendor is selected, staff will return to the City Council for approval of system/vendor and to allocate funds to acquire the system. Executive Summary: Approval of this recommendation would allow staff to work with ClientFirst in developing a detailed RFP to send out to all vendors interested in responding to the RFP, collect the RFPs for evaluation, and make a recommendation to City Council on a new telecommunication system for the City. (Any system chosen must be able to handle incoming calls comparable to the existing phone call handling procedures.) Background: The current phone system, a Fujitsu 9600 was installed in 1992 at both the City Hall and City Corporation Yard. Both systems are still being used but have reached their useful life expectancy. In 2001 Fujitsu announced their intention to exit the telecommunication market in North America. They sold their existing business to a venture company and stated that spare parts and maintenance would be available to existing equipment owners for seven to ten years. The software used to manage the equipment has had no new features or upgrades since 2001. Any request to increase system capacity (new lines/expand existing features) would require an investment in "new -used" equipment. Although there have been many advancements in telecommunication equipment over the last five to seven years, the existing City's equipment is unable to take advantage of these improvements. Input on a new system will be gathered from all City departments and Council will also be able to provide input as well on features they may wish to see in a new system. ClientFirst Consulting assisted City staff in evaluation of the current telecommunication systems and procedures. ClientFirst is an independent consulting company and does not represent any telecommunication equipment vendors. They have experience working with government agencies and average 35 — 40 telecommunication consulting engagements a year. The initial report from ClienFirst is attached as well as their proposal listing their qualifications for assisting the City in developing an RFP, working with the City to evaluate the returned proposals, and finally, assisting with the equipment/vendor selection process. ted By: 427 as Van Gelder, Director of Information Systems Approval: 904,0' CIT NCO e %fir CTION: APPROVED * V DENIED RECEIVED OTHER MEETING DATE , -Q rI-O AYES AYES • eetkiicn, F ne.r-1-y 1 Piet I j tole _L1 f%/15t n ABSENT: NGnf ABSTAIN: , cne VERIFIED BY: kzOKJ r Original on File with City Clerk's Office Finance Director *Removed for separate discussion, then APPROVED the recommendations as amended to include expanding the scope of the RFP to include analysis of providing public wireless access in different parts of the City, and including Councilman Ferguson and Mayor Pro Tem Spiegel to assist staff with the RFP process. 5-0 ��•'�\ � The Cit of Palm Desert . . v 000 0000 Telecommunications Systems Review OOOOO Findings 0000 and 00000 Recommendations Re ort 0000 p o000 February 12, 2008 � O Prepared by: �� F1RST CONSULTING GROUP 1 000 0000 �.� o0000 � � Presentation A enda o0000 � ��_ - g o000 0000 0 0 • Project Background and Methodology • Findings Review • Alternative Arrangements • Recommended Solution • Project Next Steps �l lFNTFIRST CONSULTING GROUP 2 000 0000 �� , o0000 � � Pro ect Back round �� 1 J o0000 0000 and Methodolo �� gY o 0 • The City of Palm Desert currently utilizes finro Fujitsu 9600 PBX (City Hall and Corporation Yard) and one Avaya Key (Visitor Center) telecommunication systems . The Fujitsu systems have been in place since 1992. C1 In September 2001, Fujitsu decided to exit the North American PBX market and announced the end of product support for the F9600 switch. . The City decided to retain the existing system since support and parts would remain available for seven to ten years. Another factor for waiting at the time of Fujitsu's announcement was a major technology change occurring in the telecommunication market. Voice over Internet Protocol (VoIP) was the new technology just starting to be deployed and was in its infancy. VoIP features had not been fully developed and support from vendors was spotty due to technicians lack of experience with implementing and supporting the new technology. . Because we are now in the seventh year after end of product support from Fujitsu, it was decided to begin the process of replacing the City's Fujitsu 9600s before maintenance and parts become increasingly difficult to come by, take advantage of newer phone features, and provide for system growth. The City's existing Fujitsu 9600 switches have reached a point where it would require additional expenditures (in discontinued technology) to allow for any new phone capacity. . Current communications systems are more flexible using traditional switched technology, VoIP has matured as a viable choice, and some vendors have provided solutions offering the integration of these two technologies that allows for a smoother transition from the old to the new. . Because of the complexity of new phone systems, available options/configurations, and to have an independent review of the existing phone handling procedures within the City, it was decided to obtain the services of a consulting firm with expertise in telecommunications systems. The firm selected would be independent of any phone system manufacturer or vendor, gather phone requirements from City departments and review City phone call handling processes. • ClientFirst Consulting Group was retained to review the current phone systems, interview system users, determine operational requirements and develop alternative solutions. �`LIENTF/RST CONSULTIN6 GROUP 3 Slide 3 Cl CPDAdmin, 1/27;Z008 ` � �� 00�� ,r--r� 00000 � � 0000 Findin s Review °°°°� g o000 0000 00 • Overall System Operational Issues • The Fujitsu F9600 system is obsolete and no longer manufactured (end of production — September 2001 ). • Parts and service will begin to become more difficult t� obtain. • Possibility of potential extended outages. • Software no longer updated. • The System does not provide many operational features considered best practices for government. • Call Center Tools, Call Coverage features, display information, mobility tools, reporting functions, etc. �LIFNTF�RST CONSULTING GROUP 4 000 0000 �� o0000 � � • • ' °o°o°o°oo �,� _: . F � nd � n s Rev�ew cont. o000 g 0000 00 • Departmental Interview Findings Summary: • Main Incoming Call Flow Design • The current incoming call design, while good when the system was installed many years ago, can be enhanced today. • City departments have a directive to not use Automated Attendant technology or to default any incoming calls to voicemail. • Staff is directed to develop operations that require human intervention and actions for each incoming call. • Currently 99% calls are answered by the main attendant and then transferred to individuals or departments. • Once the call enters a department there are numerous call forwarding arrangements that route the call to coverage points. CLIFIV Tf�RST CONSULTING GROUP 5 .` �� 00000 � � � � � 0000 Find � n s Rev�ew cont. 0000° � �� = . g 0000 00 • Coverage points are selected based on departmental responsibilities as well as staffs physical proximity to the department to hear phones ringing. • Some calls are answered by coverage points outside of the intended department. • Internal station to station calls use the same forwarding and coverage process, often resulting in hang ups and call backs. • Because of its complexity and limited standardized approach, new � staff and some existing staff are challenged to fully comprehend the call forwarding operation and arrangements. Cl�'ElV TF�RST CONSULTtNG GROUP 6 000 0000 �� 00000 � � ' ' ' 00000 �; :- . Findin s Review cont. o000 g 0000 00 • Main Incoming Call Flow Recommendations • While the current operation served its purpose, to improve customer service focus, we believe that by using current technology, the operation should be modified and updated to become more efficient, while satisfying customer expectations. • Consideration should be given to mod�fying and enhancing the operation through the introduction of new multi-line handsets for the call coverage points as well as the potential addition of Voicemail as the answering target if there is no answer at each telephone station. • We believe this sort of enhancement is worth the consideration because: • Newer multi-line telephone sets will provide needed features and line appearances to potentially reduce inefficiencies in call flow. � Citizens and customers expect voicemail to pick up if there is no answer. • Citizens and customers prefer to leave a voicemail vs. a paper message. CLIENTF/RST CONSULTING GROUP 7 ` �� r� 00000 � � 0000 Findin s Review cont. 0000° �, _. J 0000 00 • Departmental Operational Findings • Call Accounting System Problems/Features. • Call Conferencing Limitations. • Overhead Paging — Operation Unknown to most and does not meet needs. • No Music or announcement on hold. • Global night operation — shuts down the City. • No consistent-standard use of DID services. • No Telecom mobility tools available for departments that can use them. (e.g. Bldg. & Safety, Code Enforcement) • No call center features to enhance the operation. (e.g. Public Works) CLIFNTFIRST CONSULTING GROUP . 8 000 0000 00000 ��`` 0000 � � ' ' ' 00000 �;Y :. . Findin s Review cont. o000 g 0000 00 • Departmental Operational Findings • Wireless headset integration with system. • Locally connected headsets only. • Caller ID Services Needed for Future Operations Enhancements. � CRM Tool integration. � � • Screen POP technology • Unified messaging tools needed. • Integration of the Avaya Partner at Visitor Center does not meet operational requirements. • Integration of the Corp Yard Location does not meet best practices or operational needs. +�LIF�TFIRST CONSULTING GROUP 9 �` 0�0 0�� ,..� 00000 � � � � � 0000 F � nd � n s Rev�ew cont. 0000° -, : . J 0000 00 • Departmental Operational Findings • No Voicemail system installed at Corp Yard • Night answer and call coverage for Corp Yard is performed by an answering machine. • New phones are not available and used replacement telephones are purchased to replace broken phones or as replacement phones. • The City limits the number of Voicemail messages and duration of how long those messages are saved on the system to promote the handling of the callers request as well as controlling the maintenance of the system. ecif�vrF�Rsr CONSULTING GROUP 10 000 0000 ��_...� o0000 � � o000 Findin s Review cont. 0000° ., ; g 0000 00 , • Departmental Operational Findings • Use of Direct Inward Dialing (DID) • The City does have DI D, but it is not widely used. • DID can also enhance the operation and speed calls to specific individuals or departments. � Current system has limitations on how DID is routed and handled, new systems address those issues. • Dynamic Call Recording Tools • Public Works and Code Enforcement Applications • The City needs to retain the use of: • Call Pick up (Group and Directed), Camp-on, Transfer, Conferencing, call hold, recall, message waiting indication and others. CLIENTF�RST CONSULTING GROUP 11 000 0000 �T� 00000 � c� � � � 00000 �, : . Findin s Review cont. o000 g 0000 . . o0 • Current Maintenance Contract Arrangements • The City has a Maintenance contract for the major parts of the system equipment and hardware. • The City purchases used telephone sets from a 3rd party provider as new phones are not available. • The City IT Staff has trained itself to perform internal Moves, Adds and Changes (MAC). • No significant training exists for the system. CLIFNTFIRST CONSULTING GROUP 12 000 0000 �� o0000 � � ' ' ' o°Oo°o°oo �,� :. . Findin s Review cont. o000 g 0000 00 • Telecommunications Services Cost Review • The City currently uses a combination of various telecommunications services provided by Verizon. These include: • Analog telecom services (some combined-some not) • DSL Services and Cable Modem (Data Connections) • Pay Phone Services • Data Circuits � Direct Inward Dial Services � • Centrex • T1 Services (High Speed Access Lines) • Long Distance Services ($650 to $700/Month} CLlFNTF�RST CONSULTING GROUP 13 000 0000 �� 0 0 0 0 0 � � ' ' ' 00000 Findin s Review cont. o000 g 0000 . o0 • Telecommunications Services Cost Review . Based on the information provided it appears the City's current spend rate is approximately $8,200 per month including LD, tax, late charges and usage. • It appears the telecom services (Lines and phone numbers) have been added over time, reacting to immediate departmental needs. This is common, especially when the vendor is poor. • Currently the telecom service provider (Verizon) will accept orders for new service from anyone within the City. The City has tried to stop this practice, but the current understanding is that anyone from the City can place orders for new telephone service. • Because of the point above, the various telecom services used by the City were ordered without a plan. One adjective used was they were ordered "Whilly Nilly". We believe that the City currently uses too wide a variety of telecom services and should develop a more structured plan for the future. �LlENTF�RST CO.NSULTING GROUP 14 000 �`�� o0000 � � Findin s Review cont. o000 g �� - o0000 0000 0000 0 0 • Telecommunications Services Cost Review • We believe the City can reduce its costs by an estimated 10% to 30% or more through this process. ($820 to $2,460/Month) Many factors (voice/data integration) can impact the cost reduction, as a result, this is an estimate. • The ideal time to perform this review and develop this plan is when the system is being replaced. This way the City sets a strategic direction for both voice systems and telecommunications services. 15 ` �� 0�� r-�---� , O O O O O � � 0000 Findin s Review cont. °°°°° g o000 0000 . o0 • Cable Infrastructure Review • The current cable infrastructure includes a combination of Category 5e and Category 3 voice/data cable. Category 5 type cable or better is required as a standard industry requirement for data nefinrork applications. . • The City indicates that those cable drop locations that have been replaced with updated cable Cat 5e cable have been tested. • The City will need to replace the Category 3 cable locations including jacks and patch panel terminations. The City's IT department is in the process of determining the number of Cat 3 drops that need to be reworked. • In some cases the lack of appropriate cable directly and negatively impacts the perFormance of the City's existing network active electronics. • The use of Fiber Optics and the closet locations appear to meet the City's needs with the following exceptions: • Visitors Center — Small and Hot Room will damage electronic equipment • Corp yard — Closet is exposed to outside temps. CLIFNTFIRST CONSULTING GROUP 16 000 0000 �.� . o0000 � � , , , o000 Findin s Review cont. 0000° �,� :. . J 0000 00 • Cable Infrastructure Review • The methods of installation that the selected contractor used to route cable above the ceiling is not known. The City believes the selected vendor followed industry standards regarding hardware and distance limitations. � • The voice/data cable installed at the Corp yard will need some additional work regarding the replacement of 110 blocks with data patch panels depending on the telecommunications technology selected. In addition, some of the disfances may exceed industry standards. • The City is interested in installing wireless data and voice services at some point in the future. This will require the use of Wireless Access Points (WAP) in the City Hall building and elsewhere. WAP's require a data cable drop for each, as a result, there will be a need to add these drops for this technology to be deployed. �LIENTFIRST CONSULTING GROUP 17 � �� 0�� 00000 � � � 0000 Findin s Review cont. � 0000° �� - J 0000 00 • D ata N etwo rk Rev i ew • We performed a high level data network review to determine the general impact and needed steps to potentially integrate voice and data services into a Wide Area Network (WAN). • The City currently uses DSL and Cable Modem Services to provide data connections to those location off the main City Hall campus. • The data connections will not provide the needed speed and through-put for VoIP services and integration. As a result, a more robust WAN service will be needed. . • In addition, the existing network data switches would need to be replaced to allow the deployment of VoIP and provide Quality of S e ry i ce. CLIENTFIRST CONSULTING GROUP 18 000 0000 �.� o0000 � � o000 Recommendations 0000° 0000 00 • Based on the findings thus far, we believe the City should actively proceed with the competitive selection of a new telecommunications system . • This system replacement will impact the cable infrastructure, Wide Area Network and Network Equipment. • Following is a summary of the Estimated Costs: CiIENTF�RST C�NSULTING GROUP 19 000 0000 �'� Recommendations/ 0000° � � o0000 Cost Estimates o000 00 Telecommunications System Replacement Estimates One-time Annual Maintenance/Service Telecom System One-time Costs $223,200 Maintenance $ 7,200 Voice Data Cable Work City Hall $30,000 Visitor Center $ 3,000 Corp Yard $ 4,000 Data Network Equipment Wide Area Network $ 3,500 $ 2,500/Mo. Network Hardware $80,000 Maintenance $ 6,200 Consulting/Project Management Fees $ 45,000 (RFP Process and Implementation) Total Estimated Costs $385,200 $ 13,400 CLIENTF�RST CONSULTING GROUP 2� 000 0000 --'� Recornmendations/ ��° /� � o0000 �'� - � Cost Estimates o000 00 Optional Item Estimate One-Time Annual Maintenance/Service Wireless One-time Costs $58,000 Cable Drops $ 18,000 Maintenance $ 5,500 Optional Items Call Accounting $ 12,000 $ 2,400 Call Recording ($5,000 to $50,000) $ 25,000 ACD Software($3,000 to $20,000) $ 10,000 Optional Estimated Costs $123,000 �7,900 21 000 �� , oo°000 � � T� me Table �� 00000 �� - o000 0000 . o 0 City of Palm Desert Telecommunications System High Levei lmplementation Schedule Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Telecom and Network Competitive Selection Develop Telecom/Network RFP Document Release RFP Document to Vendors Conduct Pre-proposal Vendor Conference Receive,Review and Evaluate Proposals Project Meetings Coordinate Vendor/System Finalist Demos Develop Report Presentation of Findings Presentfindings Cable Vendor Competitive Seledion Developpa Cable Repair RFP Document _ Release to Contractors Receive,Review and Evaluate Proposals Negotiate Contract Systems Implementation/Project Management Telecom System Implementation Coodinate Vendor Station Review Process Review Station System Progremming • Conduct Regular Project Status Meetings On-site System Installation Support System Cutover Support Final Vendor Invoice Review Acceptance Recommendations Cable Contractor Implementation Cable Contrador Repairs LIFNTF�RST CONSULTING GROUP 22 000 0000 ,^�� o0000 � � Immediate Next Ste s o0000 .:, :. p o000 0000 0 0 • Finalize Findings Document • Present Findings to City • Proceed with Competitive Selection • Develop RFP Documents • Obtain Com etitive Pro osals p p • Select Vendors • Implement Systems CtIF111TF�RST CONSULTING GROUP 23 000 0000 00000 0000 00000 0000 0000 0 0 r-�-� � � �;- . , YY � I �, � pW ♦ � ■ ■ � FIRST GONSULTING GROUP 24 �—'��`"..�\ •�� . . . The City of Palm Desert, CA Proposal for Telecommunications System Selection and Implementation Consulting Services March 11, 2008 Offered By ��a� � a�� - �s�� FIRST � CONSULTING GROUP "Uncompromising Client Service Begins Here" � �� FIRST CONSULTING GROUP March 11,2008 Doug Van Gelder Information Systems Manager Palm Desert Civic Center 73-510 Fred Waring Drive Patm Desert,`CA92260 RE; Telecommunications Consulting Services Proposal Dear poug: Thank you for the opportunity to provide this proposal for telecommunications consulting services. We appreciate the opportunity and look forward to continuing to work with you and the City of Palm Desert on this important project. The purpose of this letter is to document your agreement for ClientFirst Consulting Group,LLC(ClientFirst)to consuit with and assist you with competitive selection and implementation of a new telecommunications system for the City. PROJECT BACKGROUND It is our great pieasure to be able to provide the City of Palm Desert(City)with this proposal for consulting. As you know, over the past 2 months,our ClientFirst team assisted the City with the initial operational needs assessment process to determine the current situation and operational issues. This information was summarized in a power point presentation and reviewed with City Management in early March 2008. The next step is to use the information gathered during the initial project and develop a formal Request For Proposal (RFP)to obtain competitive vendor proposals for the new system. To that end,we have developed the following proposal that outlines our competitive system selection and implementation project approach and methodology. ClientFirst can uniquely address the City's needs as it relates to these issues,as we have familiarity with the City's systems and design. In addition,the City has direct experience in the quality of our work and advice. To address the operational needs we discussed,we have developed the following proposal. WHO IS CLIENTFIRST CONSULTING GROUP? One question you may ask in attempting to differentiate between consultants is,"Who is ClientFirst Consulting Group?" Our answer is that we are an independent, professional IT consulting,telecommunications,data networking,and data security firm. The diverse capabilities of our consultants provitle the resources necessary to address any client need in these areas. Our firm consists of consultants with governmental IT consulting experience of between 9 and 20 years each. Most of our consultants are former IT Consultants from McGladrey&Pullen, LLP(the nation's sixth-largest CPA and Consulting firm). Additionally,all the former McGladrey&Pullen consultants were managers,senior managers, and one was a principal. Our consultants are nationally recognized for their work by many of the industry's leading vendors. They appreciate our fairness and objectivity when dealing with their organizations. This high level of visibility results in the best competitive bids in response to the ClientFirst Fiequest for Proposal documents. This provides the information necessary for our clients to make informed decisions in order to realize the best value for their purchasing dollar. _ _ __. . . .__ . _ __ �_ � . r tkiai, '� �v��. s�'�d� a itr�}1,� . _i t'-;�� ".`C �'?F�i�}[ .t L}`�f;�i a t 1'db'; : ..e��7�SlLf.�, Ci�� Telecommunications Consulting Services City of Palm Deserf #..;��%� We adhere to a policy of providing complete and detailed customer service and utilizing best business practices. Our staff, with its experience and mindset for risk-averse technology assessment and planning, has gained the confidence of our clients that has resulted in continuing relationships. CLIENTFIRST'S BENEFITS A number of important factors contribute to good,productive working relationships between clients and their consultants. These factors inciude the skills and personalities of the persons assigned to an engagement,the quality of the services delivered,experience,costs,and more. We believe we have some special qualities which distinguish us from other technology consulting firms: • Extensive experience in technology assessments and planning • Experience with a wide variety of government organizations in a broatl range of processing environments • Significant market knowledge regarding software providers and industry developments • Objective and independent assessment of needs(influenced only by vendors'capabilities to satisfy the requirements identified during the project) • Extensive experience with a wide breadth of applications servicing numerous customers in similar needs assessment and implementation issues • A basic tenet that we provide services of the highest quality—a strength enhanced by our orientation to help clients anticipate future needs • Our belief that technology is a tool to meet your business needs,as opposetl to'�echnology for technology's sake"and that solutions should be risk-averse and cost-beneficial 02008 ClrentF��st Consulting Group, LLC� �� Pdg2 3 Of 17 Telecommunications Consulting Services City of Palm Ueseri ,.. ,,,�w�� -> - �FIRST ��v s��,N� �R o�P Iting Group has assembled a team of professionals who understand local Networking governments and can be your guide for technology . Needs Assessments decisions, planning, implementation,antl management, • Design • Security Assessments Our team members bring national IT consulting antl • System Selections management experience to meet the needs of large- • Implementation and mid-sized local governments. However,We • Implementation Project Management believe our refined approaches to analysis and • Contract Review and Negotiations deliverables are more comprehensive and more • Disaster Recovery and Backup Strategies affordable than most other firms are. E-B�s;nessicommerce serv�ces This means applying personalized scope and • E-government Strategies approaches (not boilerplate processes and • Organizational Planning deliverables)to meet your specific needs and budget. • E-Business Integration Therefore,we believe our services are more relevant and provide greater value and impact,given the Information Systems/Data Assurance Services realities of your staffing and budgets. . Internet/Firewall Security Reviews Our team has decades of cumulative experience in • Pre-/Post-Systems Conversion Audits providing a full range of government technology: • Information SystemsAudits/Reviews • Security Policy and Controls Development Business/Operational Consulting Enterprise Communications Consulting • Business Process Improvement/Best Practices • Project Management • Infrastructure Strategic Planning • Voice Over IP Needs Assessment,Selection,and Implementation • Conlract Review,Validation,and Negotiation Management • Third-Party Problem Determination and Resolution Telecommunications Consulting Information Technology Consulting • Cost Reviews • Technology Reviews/Needs Assessments • Needs Assessments • Application Requirements Definition • System Selections • Sfrategic Technology Planning • Implementation Project Management • Current System Needs Analysis and Improvement Planning • Long Distance Cost Analysis • Selection Assistance—Software/Hardware • Continuing Education • Contract Review and Negotiations • Implementation Project Management/Oversight Disaster Recovery Services • Technology Replacement/Renewal Planning • IT Staffing Needs Assessment/Operational Reviews • Risk Assessment and Business Impact Analysis • Interim IS Management • Business Continuiry Planning(Disaster Recovery Planning) • Hot-site and Recovery Services Evaluation and Selection Project Implementation Services Structured Cabling System Design • Project Management and Planning • Project Resource and Cost Management • Cabling System Assessment and Certification • System Configuration and Analysis • Structured Cabling System Design • Application Training Assistance • System and Vendor Selection • Conversion Requirements and Execution • Installation Project Management • Integration Requirements and Execution • Documentation of New and Existing Systems • Application Quality Assurance • CADD Design and Layout • Release Upgrade Planning Outsourcing • Vendor Management/Oversight • Interim IS Management • Outsourcing IT Management/Staff • Datacenter/Network Maintenance 02006 C:IrentFirst Consulting Gro�p, L�C PBgC' 4 Of 1� Telecommunications Consulting Services City of Palm Desert Consultants� Iowa Village of Oak Brook City of Bettendorf City of Orland Park Collective City of Cedar Rapids Village of Matteson Experience City of New Hampton City of Naperville City of Ankeny Oswego School District We understand that a significant City of Burlington Naperville School District factor in hiring a consulting firm is Cedar Falls Utilities Hampton School District 29 the past experience of the Linn County Park Ridge Schools individual consultants that actually �ohnson County Glenview Schools conduct the project work on your St.Ambrose University Lake Forest College behalf. We assign the individual Des Moines Area Community College Indiana consultants to a specific project Loras College The University of Notre Dame based upon their capabilities and Davenport School District Mar land prior experience. Our consultants' North Scott School District y individual past experience includes . Dubuque Community Schools State of Maryland significant public-sector Knoxville Community School District Michigan involvement, including Cedar Rapids Schools University of Michigan participation in projects with the Mason City School District Lake Superior State University foilowing agencies: State of Iowa Minnesota Arizona Illinois Three Rivers Regional Park District Maricopa County Illinois Action for Children Anoka County State of Arizona Clean Energy Community Foundation City of West St. Paul California Jobs for Youth Nevada Castaic Lake Water Agency&Santa Combined Counties Police Association County of Nye Clarita Water Kane County Town of Pahrump Palmdale Water District City of Chicago New York Rosamond Community Services Village of Glendale Heights Hudson Valley Community College District Village of Rantoul State of New York Cucamonga Valley Water District Village of Westchester North Carolina Palmdale Water District Boulder Parks and Recreation Department City of Salisbury Mesa Consolidated Water District Ga�eld Park Conservatory City of Burlington Walnut Valiey Water District Crystal lake School District City of Kinston Contra Costa Water District Office of the Inspector General, City of Mount Airy City of Simi Valley Chicago Public ScMools Cabarrus County City of Glendale North Palos School District Buncombe County Glendale GWP Workforce Development Board of Ohio City of South Gate Northern Cook County Montgomery County City of Camarillo Chicago Transit Authority Cuyahoga County City of Escondido Chicago Housing Authority City of Dublin Chicago Public Schools Texas City of Brentwood City of Dallas City of Murrieta Chicago Park District Virginia City of Lomita Cook County Clerk Commonwealth of Virginia City of La Habra Cook County Recorder City of Port Hueneme Metropolitan Water Reclamation Wisconsin City of Hemet District of Greater Chicago Brown County City of Imperial Beach Mayor's Office of Workforce City of Eau Claire City of Indio Development,Chicago City of Brookfield City of Rosemead Illinois Department of Transportation City of West Allis Riverside County Illinois Office of the Comptroller City of Wauwatosa San Bernardino County Mechoopda Illinois Secretary of State HIDTA Milwaukee Indian Tribe Elgin Community College Waukesha County Ohlone Community College South Suburban College Milwaukee County Northeastern Illinois University Kenosha County Connecticut Alameda Construction Authority St. Norbert College City of New Haven Netgov.com (not-for-profit) St. Beloit College City of Bristol Peoria County Madison School District Florida Sangamon County West Allis Schools City of Fort Lauderdale DuPage County Shorewood School District City of Dunedin City of Bloomington Whitnall School District City of Pompano Beach City of Moline State of Wisconsin City of Deerfield Beach City of Rock Island Wyoming City of Port St. Lucie City of Champaign State of Wyoming City of Cape Coral Village of Lincolnwood Village of Northfield City of Prospect Heights City of Morton Grove 02008 CheritFu'sh Consulting Group, L�C ��.�� PBge S Of 17 Telecommunications Consulting Services City of Palm Desert .�b�ti.x.�� OUR UNDERSTANDING OF YOUR NEEDS As mentioned above, it is our understanding that the City has determined that the replacement of the existing system is needed to address the operational needs of the City and to provide long-term services for the future. Current telecommunications technology includes various types of inethods for processing telephone calls. Each has their own benefits and operationai enhancements to consider. Digital systems as well as Voice over Internet Protocol (VoIP)systems should be considered. Those systems using VoIP technology have been gaining significant popularity and are the fastest growing telecommunications technology offering. We anticipate obtaining proposals from Avaya,Cisco, Mitei,NEC, Nortel,Shoretel,3COM and others. We have completed Phase 1—Needs Assessment and have developed the following proposal for Phase 2—System Selection and Phase 3—Implementation/Project Management. PROJECT APPROACH AND SCOPE OF WORK Phase II—Telecommunications System RFP Development,and Competitive Svstem Selection 1. Develop operational requirements and prepare the criteria for system selection We will develop a list of selection criteria that will be used in evaluating telephone system proposals and alternatives. In addition,we will assist in prioritizing and quantifying these criteria to best fit your needs. These criteria will then be used to provide an"apples to apples"comparison between systems and assist in making the telephone equipment selection decision. 2. Develop a formal RFP for the communications system ancillary voice systems Our RFP document will include the operational requirements for the telecommunications system and enhancements needed for the data network and cable infrastructure. Any physical modifications to the equipment closets, building power, or closet environmental conditions will be communicated to the City antl we will work with the City to determine the needed approach to address the requirements. The RFP will have a section to be used for data network hardware changes/modifications. This information will be reviewed and coordinated with the Ciry's IT department in ortler to be either included in this RFP request or purchased from other established City sources. The RFP will include a general description of the cabling changes that we believe are needed. We have included enough time for us to provide the vendors with this high level description. This approach puts the responsibility on the vendor to provide detailed design information. However,we have the capabilities to provide a separate RFP document and detailed drawings and closet layouts if needed. This level of detail and additional work effort regarding the cable plant is not included in our proposed fee. During our discussions,you indicated that the City may try and provide the floor plan drawings and closet layouts. We will prepare a detailed telecommunications system RFP that will provide vendors with information required to develop a proposal. Includetl in the request will be requiretl equipment, hardware and software features,as well as current and projected line capacity. Also included will be a request for special considerations,such as technical and managerial training for the system being proposed. The RFP is designed to obtain vendor proposals to your specifications rather than their own sales objectives. The RFP will also include requests for information related to the leasing of the equipment and the proposetl implementation plan request. A draft of the RFP will be submitted for your review and approval prior to its release. We will coordinate the verbiage and layout of the RFP with your purchasing department. 3. Send the RFP to the selected vendors We will provide a copy of this document to specific vendors serving your area. We will use our existing lists and information regarding telecommunications dealers marketing Avaya,Siemens, NorTel, Mitel,Cisco, _..__ ____.___..�..�.. �..,._._�....___..._w_ ��Y .�... �.._.._ o�ooe ra�enrF�rsr cor,s�irmg�ro�p, ��c Page 6 of 17 Telecommunications Consulting Services Crty oiPalm Deserf ��-a �,w,.��, � � Shoretel,and others. We will incorporate any additional lists of telecom equipment vendors you would like to inclutle. The vendors will be allowed approximately four weeks to prepare a detailed proposal. We will be available to answer questions for them on an as-needed basis. 4. Conduct a pre-proposal vendor conference We will conduct a vendor conference for interested vendors. This meeting will allow interested vendors the opportunity to see the main sites and obtain any clarification to questions regarding the RFP and operation. This process also adds to the competitive impact of the process. 5. Compile and address vendor quesfions. We will answer vendor questions as needed throughout the proposal development process. The communications will be coordinated with the City's purchasing department. Vendors will be required to provide their questions in writing via email. These questions will be compiled and written email responses will be distributed to the entire telecommunications system vendor group. 6. Receive, review,and evaluate vendor configurations We will compare the vendors'configuration and quote to the system specifications,evaluate the configuration from the standpoint of the selection criteria developed earlier,and obtain additional clarification from the vendors as needed. We wiii use our contacts and consultant liaison programs to obtain additional information as needed. Our"real life"experience with many vendors-their performance with other clients,the number and quality of the service technicians,installation procedures,flexibility with installation timing, hourly rate negotiations, maintenance cost negotiations,and many other issues-is of great value in this process. We have the ability in this process to obtain high-quality detailed documentation to be included in the contract,as well as bring a level of direct experience with the vendor's benefits and liabilities. 7. Prepare a comparison of vendor responses This comparison will provide an analysis of the proposed system's ability to meet your telecommunications needs. It will include a cost analysis,as well as a review of references of the selected vendor to corroborate the ability of the vendor to perform. 8. Conduct system selection workshop We will work with the City's system selection committee to conduct a work shop to review the vendor proposals and document review. This workshop will provide the opportunity for others throughout the City to be involved in this important-long term decision. During this meeting we will review the vendor proposals, projectetl equipment,and maintenance costs,as well as the costs of the optional items and solutions. It is anticipated that the result of this meeting will be a finalist list of vendors 9. Coordinafe finalist vendor demonstrations and customer site visits We will work with the City's project manager and committee to coordinate system demonstrations and potentially customer site visits. This step is important to provide you with the opportunity to see the vendor's operation and potentially talk with an existing customer. These demonstrations and site visits are a valuable step in the evaluation of finalist ventlors and the evaluation findings can then be added to the overall list of selection criteria developed earlier. 10. Develop a presentation of our recommendations We will develop a presentation of our findings and recommendations. This presentation wiil analyze the ability of the systems proposed to meet your telecommunications needs,including a cost analysis and a review of the vendor references. We will review our findings with you and others. Our work plan calis for one report review meeting. If more are needed,we would be happy to provide that service on a time and material basis. 02008 C7ientF�rst Consulting Gr�oup, LLC �� P0g2 7 Of 17 Telecommunications Consulting Services City of Palm DeseK ,� <�� Phase III-System Implementation and Project Management We will assist with the management of the system implementation. However,the level of our involvement varies greatly from project to project and depends heavily on the complexity of the final system design and comfort level our client has with the process and the selectetl vendor. We have included a description of the implementation scope that we discussed in our meeting. If changes to this scope are needed,we would be happy to modify our approach to meet your needs. Outlined below are the work steps related to this process that we recommend: 1. Participate in the negotiation of the contract We will assist you with various steps of the contract negotiations, including terms,conditions,antl cost. We will participate as required to accomplish this task. We anticipate two or three meetings/conference calls to accomplish this task. 2, Conducf ineetings with the vendor of choice The vendor of choice will be required to provide a proposed implementation schedule following the general approach outlined in the RFP. We will review the schedule and recommend modifications as necessary. We will conduct meetings with the vendor,as well as ongoing verbal communications,to ensure that the implementation of the system goes as smoothly as possible. We will monitor the status of the equipment installation at various points during the project. We anticipate weekly meetings at the beginning and the end of the implementation project. We also anticipate conducting meetings bi-weekly tluring the middle of the implementation tasks. Depending on the complexity of the system design,we anticipate that there could be approximately 10 meetings related to the implementation. 3. Review telephone station system programming As a result of the station reviews,the system vendor will write the software descriptions for the new systems. The vendor will be required to provide station-by-station programming of the equipment and/or lines. We will review this information and offer modifications to this information,as necessary. This step helps reduce the number of errors in programming on the day the systems are cut over into service. 4. Monitor cut-over of the telephone systems The cut-over of a multi-location telephone system is complex. A smooth installation of the new telephone network will require detailed coordination of several vendors. We will work with the vendors to act as a central administration point to insure as seamless a transition as possible. We will monitor the physical cut-over of the telephone systems. Our on-site involvement in this step will assure you that the vendor will create the least amount of disruption to your schedule. In addition,we will be available to resolve any last-minute issues and add our weight to the resolution of the typical problems that may develop during this time. 5. Resolve minor system problems We will work with you and the vendor to resolve any minor system or programming problems that arise in order to"fine-tune"the system. These minor changes or problems are not uncommon when a system of this size is implemented. Our involvement should keep these problems to a minimum. 6. Reconcile the final billing from the vendor We will review the final billing from the vendor to assure accuracy of the bills and equipment installetl. Upon reconciliation of all billing issues,we will recommend system acceptance. n .__.�._.� ��._ .___.�.____.. d._.____.�... . ____ 02008 ClrentFi�st Consulting Gro�p, LLC Pdg2 $ Of 1� Telecommunications Consulting Services City of Palm Desert A �� .��m CLIENT ACCEPTANCE OF WORK At the conclusion of each phase of work(if applicable),we will review with you the intended scope of work and deliverables set out in this document to confirm we have met the defined project expectations. If you believe the deliverables do not conform,you will notify us in writing within ten business days of delivery of the deliverables that the deliverables do not conform. We will then have a reasonable period of time,based upon its severity and complexity,to correct the non-conformity. If you use the deliverables before acceptance or if you fail to notify us of the non-conformance within the ten-day period,then the deliverables will be considered accepted. Our personnel shall observe client's confidentiality,code of conduct,or other reasonable policies regarding working conditions and business hours to the extent our personnel are made aware of such policies. ClientFirst Consulting Group's responsibility for the refusal of any personnel to observe such policies shall be ClientFirst Consuiting Group's attempt to furnish client with replacement personnel. If for any reason,any of our personnel is unable to complete the service period or his/her performance does not meet clienYs expectations,ClientFirst Consulting will attempt to provide a suitable replacement. STAFFING The most critical element in the successful completion of any engagement of this nature is the personnel assigned to carry out the responsibilities. Thomas Weiman will be responsible for all services provided to the Ciry of Palm Desert. Thomas Weiman, Consulting Services Practice Leader,will be the project manager for the engagement. He will be assisted by Bernie Schaaf,and Tom Jakobsen as needed. ENGAGEMENT ASSUMPTIONS AND CLIENT'S RESPONSIBILITIES Our services,fees,and work schedule are based upon the assumptions, representations,and information supplied by you as listed in this proposal. The project team is a key component of any successful project. The team consists of an overall project manager from ClientFirst who will communicate directly with your assigned internal project manager and management team. We will involve your key people and staff antl will communicate updates antl progress on the work as performed. In ortler to facilitate this active communication,we assume that you will fulfill the following responsibilities: Make all management decisions and perform all management functions Designate a competent employee, preferably with senior management,to oversee our services Establish and maintain internal controls, including monitoring ongoing activities Evaluate the adequacy and results of the services performed and provide us feedback Accept responsibility for the results of the services upon completion to your satisfaction It is our intention to ensure that all key management functions and oversight are provided by the client so that any systems put in place can be adequately managed in the future without total reliance on any vendor. In addition,we have assumed the following: The City of Palm Desert wili provide billing documentation The City of Palm Desert wili help coordinate the user interview meetings The City of Palm Desert will participate in the alternative review presentation meetings The City of Palm Desert will participate in the vendor conference The City of Palm Desert wiil participate in the review of vendor proposals and final selection of the vendor o�zooa��n�,�rr,�sr cons�,it�nc,��oup, ��c � � � �� Page 9 of 17 Telecommunications Consulting Services City of Palm Desert k. =�:u� �� To the extent our services or deliverables inciude the design or implementation of hardware or software systems,you agree to be responsible for making all management tlecisions including, but not limited to:decisions concerning systems to be evaluated and selected,the design of those systems,controls,security,and system procedures to be implemented, and the scope and timetable of the implementation,testing,training,and conversion plan. City of Palm Desert will determine the extent of services they wish ClientFirst Consulting to provide and ensure our firm has access to key people and data. If circumstances arise relating to the availability of sufficient,competent evidence or information which, in our professional judgment, prevents us from completing the engagement,we retain the unilateral right to take any course of action permitted to us, inclutling withdrawal from the engagement. In the event we are requested or authorized by City of Palm Desert or are required by government regulation, subpoena,or other legal process to produce our documents.or our personnel as witnesses with respect to our engagements for City of Palm Desert,City of Palm Desert will,so long as we are not a parry to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. You also will let us know immediately of any problems or issues you perceive in our personnel or services. We will also let you know where we feel we are not receiving the appropriate cooperation or direction and ativise you of any other issues related to this engagement. The success of our engagement is dependent upon full openness, communication,cooperation,and timely direction. The fuifillment of these responsibilities is critical to the success of the engagement. TIMING AND FEES We believe we can begin this project within two(2)weeks of your approval to proceed. Phase II can be completed in eight(8)weeks. This schedule includes a 30-day vendor proposal period. A number of factors beyond ClientFirst Consulting Group's control can impact the timing of this project. We will keep you informed with frequent progress reports. Our fees are based on the actual time spent on the project by the personnel assigned to the engagement. Hourly rates vary according to the levei of experience and project responsibility. The following table represents our projected chargeable hours and associated fees for this project. Project Work Plan Detail Task Thomas ' Bernie Gable' Tom Totaf � ��; � Weiman' Schaaf En ineer Jakobsen � Hours�� Develop System Selection Criteria 4 2 6 Develop RFP 24 8 5 10 47 Send RFP out to Vendor List 1 1 Conduct Vendor Bidders Conference 4 2 6 Compile and Answer Questions 5 8 2 5 20 Receive, Review,and Evaluate Proposals 2 16 1 2 21 Prepare Comparisons 1 5 6 Conduct System Selection Workshop 8 4 12 Coordinate Demo's and Site Visits 32 4 36 Develop Report Presentation 8 4 4 16 Presentation of Findings 12 12 Total 100 48 12 23 Totai Hours-Phase I 183 __ _._ ____._� ._... ___.___._,.. _. ___ __ 02008(7ientFirst Consulting Group, LLC Pd J8 1� Of 17 Telecommunications Consulting Services City of Palm Desert . ��.�� n,,;.;�,��,�� d Fees for Phase III-System Implementation and Project Management will be determined at the conclusion of the system selection. The actual scope will depend heavily on your participation,the level of our involvement,and the complexity of the system's operation. We estimate the fees for Phase III will likely range from$6,500 to$18,000,depending on the needed scope. The hourly rates that apply are as follows: __ _ Consultant Hourly Rate Thomas Weiman $175 Bernie Schaaf $150 Our fees are basetl on the actual time spent on the project by the personnel assigned to the engagement multiplied by their individual hourly rate. Based on the work plan outlined above,following are our consulting fees for the project: Project phase Projected �onsulting Fee Hours Phase II—RFP Development and Competitive System 183 $30,825 Selection Hours Plus direct expenses Phase III—System Implementation and Project TBD TBD Management Travel expenses(if applicable)and other direct expenses(mileage,parking,etc.,)are billed at actual cost and are in addition to the above estimated fees. Travel time(if applicable)is billed at 50%of the standard hourly rate of the assigned consultant and is in addition to the above estimated fees. Invoices for this effort will be submitted semimonthly and payment is due upon receipt. The fees quoted in this proposal will remain valid for sixty(60)days from the tlate of issuance. Fees for the project describetl above are always difficult to estimate. If circumstances are encountered that affect our ability to proceed according to the plan outlined above,such as major scope changes, loss of key City personnel, requested scope changes, or additional information coming to our attention not determined or available during our scoping efforts,we will inform you promptly and seek your approval for any changes in scope,timing,or fees that may result from such circumstances. 02008(.��entf vst Consulting Group, LLC�� PdCJC 11 Of 17 Telecommunications Consulting Services City of Pa(m Desert z �R�� BUSINESS TERMS AND PROJECT ACCEPTANCE The attached General Business Terms apply to this engagement and are an integral part of our agreement. Please indicate your agreement to these arrangements by signing and faxing this acceptance page to us at 888.478.0494. We appreciate the opportunity to be of service to you and look forward to working with you on this project. You will receive our closest attention. If at any time you have questions,concerns, or issues with our services,please contact me at 847.910.7047. This Engagement Contract and the attached General Business Terms correctly set forth our understanding and acceptance of this agreement. Sincerely, ClientFirst Consulting Group,LLC (�� . Thomas Weiman Consulting Services Practice Leader Proposal for Telecommunications Consulting Services. • Proposed Estimated Fee for Phase II =$30,825, plus direct expenses. • Proposed Estimated Fee for Phase II I=TBD. Acknowledged and Accepted by: ��' ' �;� City of Palm Desert, California Signature Printed Name Title Date cOzooe cne„rFirsr consu�ting Group, �Lc� �� Page 12 of 17 Telecommunications Consulting Services City of Palm Desert d ea��: � � �� '.�xu�� '� General Business Terms t.��. 02008 C.lrentF�rst Consultiny Group, LLC � Pag2 13 Of 17 Telecommunications Consulting Services City of Palm Deseit �r,t_ ��;.� Attachment to ClientFirst Consulting Group, LLC Engagement Contract with The City of Palm Desert, California ClientFirst Consulting Group, LLC GENERAL BUSINESS TERMS 1,Our Services We will provide the services and know how and software, including such information as furnish the deliverables as described in our existed prior to the delivery of our services and,to the Engagement Contract and any attachments thereto, extent such information is of general application, as may be modified from time to time by mutual anything which we may discover,create or develop written consent. during our provision of services for you. Except for software owned by and/or proprietary to us,to the 2, Independent Contractor We are an independent extent our deliverables to you contain our proprietary contractor and not your employee,agent,joint information,we grant you a non-exclusive, non- venturer or partner,and will determine the method, assignable, non-transferable, royalty-free license to details and means of performing our services. We use such information in connection with the assume full and sole responsibility for the payment of deliverables and the subject of the engagement and all compensation and expenses of our employees and for no other or further use without our express, prior for all of their state and federal income tax, written consent. To the extent our deliverables unemployment insurance, Social Security and other contain our software,a separate license agreement is applicable employee withholdings. required. To the extent our deliverables to you contain the proprietary information of a third party, 3.Confidentialitv With respect to any information you agree to comply with such third party's terms of supplied in connection with this engagement and license. All licenses to software(inclutling any designated by either of us as confidential,or which enhancements to software)will be licenses to object the other should reasonably believe is confidential code only. based on its subject matter or the circumstances of its disclosure,the other agrees to protect the confidential 5. Your Responsibilities You agree to furnish information in a reasonable and appropriate manner, personnel,facilities and resources,and undertake and use confidential information only to perform its certain responsibilities in connection with our obligations under this engagement and for no other engagement. You also agree to cause all levels of purpose. This will not apply to information which is: your employees and contractors to cooperate fully (i) publicly known, (ii)already known to the recipient, and timely with us. You will designate an employee (iii) lawfully disclosed by a third party, or employees within your senior management who (iv)independently developed, (v)disclosed pursuant will make or obtain all management decisions with to legal requirement or order,or(vi)disclosed on a respect to this engagement on a timely basis. You need-to-know basis to our respective independent also agree that all assumptions set forth in the contractors, agents and affiliates who agree to Engagement Contract are accurate and agree to maintain its confidential nature. We may also provide us with such further information we may need mention your name and provide a general description and which we can rely on to be accurate and of the engagement in our client lists or marketing complete. We will be entitled to rely on all of your materials. We or our direct affiliates may send decisions and approvals made independently and we marketing or advertising material to you. will not be obligated to evaluate,advise on,confirm, or reject such decision and approvals. 4. Our Deliverables and Your License Upon full payment of all amounts due us in connection with this You will evaluate the adequacy and results of engagement,all right,title and interest in the services and will let us know immediately of any deliverables set out in our Proposal will become your problems or issues you perceive in our services or sole and exclusive property, except as set forth deliverables at any time. We will also let you know below. Our work papers will not constitute work where we feel we are not getting the appropriate product and will remain our sole and exclusive cooperation and advise you of any other issues property. We will retain sole and exclusive ownership related to our engagement. The success of our of all right,title and interest in our work papers, engagement is dependent upon full openness, proprietary information, processes, methodologies, communications and cooperation. The fulfillment of _. _�._.� . __.�._. . .__.r.__ _._�...� _______..� _ .._�_.. �. o2ooe�.��e�,rF��,r co�,suic�r,y�ro�p, ��c � Page 14 of 17 Telecommunications Consulting Services City of Palm Desert .:.:W:� �..�:�,. .. these responsibilities is critical to the success of our with the provision or receipt of the services and engagement. deliverables,excluding taxes on our income generally. Our invoices are payable upon The successful delivery of our services,and the fees presentation and amounts remaining overdue for charged,are also dependent on your timely and more than thirry days will be subject to an interest effective completion of your responsibilities,the charge of 1.5%per month from the date of invoice. accuracy and completeness of the assumptions,and We reserve the right to suspend or terminate services timely decisions and approvals by your management. if our invoices are not timely paid, in which event we You will be responsibie for any delays,additional will not be liable for any resulting loss,damage or costs, or other liabilities caused by or associated with expense connected with such suspension or any deficiencies in the assumptions or in carrying out termination. your responsibilities. 8. Our Warrantv We warrant that our services wili be 6. Software Responsibilities If applicable to this performed with reasonable care in a diligent antl engagement,you must be registered with the competent manner. Our sole obligation will be to software manufacturer as our customer and be correct any non-conformance with this warranty, enrolled in their enhancement plan to ensure your provided that you give us written notice within ten software remains current and to qualify for our Help days after the services are performed or,if applicable, Desk Support Plan. You aiso agree to maintain a deliverables are delivered. The notice will specify and current software license in compliance with all detail the non-conformance and we will have a manufacturers' license requirements at all times reasonable amount of time,based on its severity and during the term of this engagement. It will aiso be complexity,to correct the non-conformance. We do your responsibility to ensure complete system not warrant and are not responsible for any third party backups are completed and tested regularly to ensure products or services. Your sole and exclusive rights operability in the event of a server malfunction or a and remedies with respect to any third-party products loss of data. You acknowiedge that server or services.are against the third-party vendor and not malfunctions(e.g. a hard drive failure)or other action against us. that may cause loss of data may occur at any time. You also acknowledge that you have reviewed the THIS WARRANTY IS OUR ONLY WARRANTY software product and/or specifications and agree the CONCERNING THE SERVICES AND ANY software applications and specifications are fit for and DELIVERABLE,AND IS MADE EXPRESSLY IN LIEU complete to your satisfaction for your business OF ALL OTHER WARRANTIES AND purpose. REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF We will respond to your request for support during MERCHANTABILITY,OR FITNESS FOR A normal business hours on our Help Desk Support PARTICULAR PURPOSE, OR OTHERWISE,ALL OF telephone line. If we determine, in our sole discretion, WHICH ARE HEREBY DISCLAIMED. that an on-site visit is necessary,then we will schedule a consultant to arrive at your site as soon as 9. Indemnification of You We will,to the extent practicable based on the severity of the problem and allowable by law, indemnify you,your owners, your location. employees,contractors and agents against all costs, fees, expenses,damages and liabilities(including 7. Fees,Expenses You acknowledge that any fee reasonable attorneys'fees and costs)relating to any estimates we have furnished are only our good faith third-party claim of intellectual property infringement, estimates based on our understantling of the bodily injury or death of any person,or damage to engagement assumptions and the facts and real or tangible personal property incurretl while we circumstances we are aware of at this time. If the are performing the services to the extent caused by bases of our estimates are inaccurate,the fees and the negligent or willful acts or omissions of our expenses may be different from those we each employees,contractors or agents in performing the anticipate. services,as finally adjudicated by a court of law. We will bill our fees and expenses twice a month. 10. Indemnification of Us You will,to the extent Those fees and expenses do not include taxes. You allowable by law, indemnify us,our owners, will be responsible for and pay all applicable sales, employees,contractors and agents against all costs, use, excise,value added and other taxes associated fees,expenses,damages and liabilities(including 02008 C�ne�a - �_ ___� .ae�__ �_ _�..___.,._M___.._ �._��__.__,. ._________ _.____._ �tt irst Consulting Group, LLC Pd J@ 15 Of 17 Telecommunications Consulting Services City of Palm Desert �u 3 ,R,��. reasonable attorneys'fees and costs)associated with (b)We may terminate or suspend this engagement if, any third party claim relating to or arising as a result within 15 days' notice,you fail to cure a material of the services or your use of the deliverables or our breach of our engagement terms or immediately engagement except to the extent the liability was without notice in the event of non-payment of caused by the negligent or willful acts or omissions of amounts due us. our employees,contractors or agents in performing the services,as finaliy adjudicated by a court of law. (c)You will pay us for all services rendered,including deliverables and products delivered,expenses 11. Liabilitv(a) Neither of us will be liable for any incurred or commitments made by us to the effective delays or failures in performance due to date of termination,and all reasonable costs circumstances beyond our reasonable control. associated with any termination or suspension. (b)Our total liability relating to this engagement will in 14. General (a)These General Business Terms, no event exceed an amount equal to the fees we together with the Engagement Contract, including all receive from you for the portion of the engagement of its attachments,amendments or mutually agreed giving rise to liability,and will not include any special, upon scope changes,constitute the entire consequential, incidental, punitive or exemplary understanding and agreement between us with damages or loss(nor any loss of profits,savings, respect to the services and deliverables described in data, use of software or hardware or business the Engagement Contract,supersede all prior oral opportunity,or interruption of business)even if we and written communications between us,and may be have been advised of the possibility of such loss. amended,modified or changed only in writing when signed by both parties. If there is a conflict between (c) If our engagement involves security-related these General Business Terms and the terms of the services,you acknowledge that no security Engagement Contract,these General Business assessment can ever provide total assurance against Terms will govern. potential security intrusions. The effectiveness of controls and security measures is subject to inherent (b) No term of this agreement will be deemed waived, limitations and all errors or problems may not be and no breach of this agreement excused, unless the detected. Assessment results are subject to the risk waiver or consent is in writing signed by the party that changes are made to your systems or controls, granting such waiver or consent. changes are made in processing requirements, changes are required because of the passage of time, (c) Neither of us may assign this agreement without or new technology is developed. We are not the other's consent. responsible for any lack of specific controls,breach of security or other errors or fraud related to any part of (d)We may,from time to time, refer you to third party your systems that are not specifically examined and vendors for specific materials or services. These for any period of time other than the time period vendors are not our subcontractors,and it is your covered by our assessment. responsibility to select and negotiate all work antl fees with them. We will assist you with product selection, 12. Non-Solicitation During the term of this developing delivery schedules and reviewing engagement,and for a period of one year following its Engagement Contracts,as you request and as expiration or termination,you will not actively solicit, described in the Engagement Contract. employ, or otherwise engage any of our employees (including former employees)who were involved in (e)We, in our sole discretion,may from time to time the engagement. In the event you breach this use subcontractors to deliver specific products or provision,you agree to pay to us within thirty(30) services to you. The management of and all financial days after demand,an amount equal to the greater of arrangements with subcontractors will be our �50,000 or 100 percent(100%)of the annual base responsibility. salary of any such employee of ours. (f)The terms of this agreement which by their nature 13. Termination(a)You may terminate our are to survive this agreement will survive its expiration engagement for convenience at any time on 15 days' or termination. written notice. 02008(:I�entFirst Consulting Group, LLC �� PdgB 16 Of 17 Telecommunications Consulting Services City of Palm Desert _ w��.�.. (g)We each acknowledge that we may correspond or laws of the State of California without regard to its convey documentation via lnternet e-mail and that laws of conflicts. If we bring suit against you,we will neither party has control over the performance, do so in your state. If you sue us,you wiil do so in reliability,availability, or security of Internet e-mail. Riverside County,California. We both agree to this Therefore, neither of us will be liable for any loss, choice of law,jurisdiction,and venue. Additionally, damage,expense,harm or inconvenience resulting we each waive trial by jury and agree that any dispute from the loss, delay,interception,corruption,or or claim should be resolved by a judge without a jury. alteration of any internet e-mail due to any reason beyond our reasonable control. (i)Any action against either of us by the other in connection with this engagement must be brought (h)We each agree that any dispute or ciaim arising within eighteen months after the cause of action out of or relating to this agreement or the services will arises. be governed by and construed in accordance with the ' ' ' 02008 ChentFirst Consultinq Group, LLC �� Pdge 17 Of 17