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HomeMy WebLinkAboutAGMT - Client First Consulting Group LLC (Telecommunications Consulting Services)PROFESSIONAL SERVICES AGREEMENT for Telecommunications Consulting Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M� Client First Consulting Group, LLC 980 Montecito Drive, Suite 209 Corona, CA, 92879 (951) 739-7989 This Professional Service Agreement ("the Agreement") is made as of May 16, 2022 (the "Effective Date"), by and between Client First Consulting Group, LLC ("Consultant"), LLC, CA and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires to obtain certain professional telecommunications consulting services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide telecommunications consulting services. C. Consultant represents that the principal members of its firm are qualified professional telecommunications consultants and that Consultant is fully qualified to perform the consulting services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties agree as follows. 1.0 Scope of Services 1.1. Consultant shall provide those services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference, all to the City's reasonable satisfaction (collectively, "Services" herein). To the extent that there is any conflict between Exhibit "A" and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and 2of19 Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to due to unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on May 16, 2022, and shall remain in full force and effect until May 16, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit "A" for the Services, but in no event will the City pay more than the total, not -to -exceed amount of $36,250.00 (thirty-six thousand, two -hundred fifty dollars). 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this. Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, upon 30 days' prior, written notice. Consultant may terminate for cause following City's 3 of 19 failure to cure any material default within 30 days of receipt of a written notice of breach and demand to cure. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of any required insurance required by this Agreement, at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Thomas Weinman is the Consultant's primary representative for purposes of this Agreement. Thomas Weinman shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California, 90740 Attn: City Manager To Consultant: Client First Consulting Group, LLC 980 Montecito Drive, Suite 209 Corona, CA ,92879 Attn: Thomas Weinman 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 4 of 19 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, 5of19 compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold 6of19 harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its, officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services 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. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with 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 the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data and Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data and Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City following final payment. Consultant shall 7of19 not obtain or attempt to obtain copyright protection as to any Data and Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data and Documents that are not otherwise vested in City pursuant to Section 12. 1, abovve. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data and Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data and Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data and Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 8 of 19 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 9of19 policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 17.13. Broader Covera eq /Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which Consultant shall bear legal liability) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall 14 of 19 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for which Consultant's subcontractor shall bear legal liability) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any 15 of 19 subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, agephysical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 16 of 19 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - 17 of 19 contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 18 of 19 31.0 Mutual Cooperation 31. 1,. �-C.ity's-Cooperation. City shall provide Consultant with all pertinent Data, docume td s, and other requested information as is reasonably available for Consult9ot's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 19 of 19 CITY OF SEAL BEACH 0 Attes M Approved as to Fo By: - raig A. Steele, City Attorney CONSULTANT: Client First Consulting Group, LLC By: Name: D jd Krout Its: Managing Partner By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUT HORITY TO BIND CONTRACTING PARTY REQUIRED 20 of 19 EXHIBIT A Consultant's Proposal City of Seal Beach 2660174 Proposal for Telecommunications Consulting Project February 17, 2022 Client Locations Coast -to -Coast Practice Locations California Illinois North Carolina Texas 800.806.3080 www.clientfirstcg.com 17 • Ll • CLIENTFIRST OPTIMAL TECHNOLOGY GUIDANCE TECHNOLOGY CONSULTING February 17, 2022 Mr. Patrick Gallegos Assistant City Manager City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Re: Proposal for Telecommunications Consulting Project Dear Mr. Gallegos: ClientFirst appreciates the opportunity to present our telecommunications consulting proposal to assist the City of Seal Beach. We have developed our proposal to address the scope of the project to replace the current telecommunications system and voicemail products. The project includes a focused operational assessment through discussions with the City Project Team, development of a Technical Specification and Request for Proposals (RFP) document to purchase equipment, software, and services to replace the current telecommunications system. ClientFirst Technology Consulting specializes in providing telecommunications system assessments, operational design, and selection consulting services for governmental clients throughout the country. Our consultants have decades of cumulative experience in. providing telecommunications consulting services, which include telecommunications system selection, data network design, and cable infrastructure engineering. Our clients in the area include, but are not limited to, the following Southern California cities: San Clemente, Laguna Niguel, Carlsbad, Murrieta, La Habra, Downey, Rancho Cucamonga, West Covina, Calabasas, Azusa, Palm Desert, and many more. ClientFirst is a truly independent consulting firm. We do NOT resell hardware or software and we do NOT represent vendors in any way. Therefore, you can be assured that our recommendations will always have your best interests in mind. If you have any questions, feel free to contact me at 847.910.7047 or via email at tweiman@clientrirstcg.com for additional information. We look forward to the continued opportunity of serving the City of Seal Beach. Sincerely, SOCIETY OF Thomas Iman i COMMUNICATIONSTECHNOLOGY CONSULTANTS INTERNATIONAL Practice Leader Enterprise Communications Consulting Accepted by 6 N a ac - V �7 ➢�} 2�2 Signature Date ���I �• i�a�a�� Gi�-y i��n���r Name and Title (print) 2 127 California • Illinois • North Carolina • Texas • 800.806.3080 • Fax 888.478.0495 Telecommunications Consulting Project * Table of Contents EXECUTIVESUMMARY...................................................................4 Highlights, Key Features, and Distinguishing Points ............................................... 4 ClientFirstContacts................................................................................................ 4 COMPANY BACKGROUND.............................................................. 5 Why ClientFirst is the Best Choice.......................................................................... 5 QUALIFICATIONS........................................................................... 6 Government Technology........................................................................................ 6 Local Presence and Practice Locations.................................................................. 6 Business Management Approach........................................................................... 6 TrueIndependence................................................................................................. 6 NationalRecognition............................................................................................... 6 IndustryRecognition............................................................................................... 7 Diversified Experience............................................................................................ 8 Integrated Technology Solutions Groups................................................................. 8 Integrated Technology Services............................................................................. 9 Areasof Expertise................................................................................................ 10 Consultants' Collective Experience....................................................................... 11 Technical Certifications......................................................................................... 12 SCOPEOF SERVICES...................................................................13 Our Understanding of the City's Needs................................................................ 13 Project Approach and Scope of Work................................................................... 13 ProjectTiming....................................................................................................... 16 PROJECT TEAM..........................................................................17 CLIENT REFERENCES..................................................................22 PRICE PROPOSAL....................................................................... 25 Telecommunications System Selection Work Plan ............................................... 25 ProjectStart .......................................................................................................... 26 Scope Changes and Management....................................................................... 26 PaymentTerms.................................................................................................... 27 Additional Services/Purchases by Other Seeking Public Agencies ...................... 27 FeesSummary ...................................................................................................... 27 CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 3 127 #Telecommunications Consulting Project Executive Summary Key Features,. Distinguishing Points Our proposal for telecommunications consulting services is customized to address the operational and scope requirements we discussed. The telecommunications consulting project scope and approach described is a proven project methodology that we have performed hundreds of times for clients throughout the country. The scope of our proposal is to assist the City of Seal Beach with the assessment, alternatives review, detailed design, and competitive selection of a new telecommunications system. Our services are focused on operational fit, quality equipment, vendor experience, service support, and highly competitive bids. Our distinguishing points include the following: • Focus on the City's operational needs and business benefits • Focus on technically sound options • Focus on discovering and explaining the clear benefits and drawbacks of each alternative • Focus on the City's options and alternatives • Focus on migration paths and future viability of technology • Focus on industry best practices • Focus on cost reduction and ease of management The following is a list of the individuals assigned to the project along with their contact information. Tom Weiman, Consulting Services Practice Leader — Project Manager Office: 951.739.7989 Cell: 847.910.7047 Fax: 888.478.0495 Email: tweiman@clientfirstcg.com CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 4 127 Telecommunications Consulting Project e Company Background Why ClientFirst is the Best Choice Experience with Cities, and Counties — Our team is experienced in working with municipalities across the country, which has provided our staff the subject -matter expertise to quickly understand operation demands and opportunities and then equate them to beneficial IT recommendations and improvement. Locally Based — Our California-based operations can react quickly to on-site project demands without the need for travel from remote areas. Independence — We do not resell any hardware or software and, therefore, always have our clients' best interests in mind. We recommend products that are cost-effective, easy to support, and in use every day across our client base. We recommend products that work. Stable, Strong, and Growing — Our telecommunications practice began in the early 1980s. We continue growing in regard to both the addition of personnel, as well as the expansion of new office locations. Quality of Experience of Our Consultants — Our management team for this project is made up of two consultants with a collective experience of over 100 years in IT consulting. The leaders and founders of our company come from IT consulting and management experience at a Top Five national accounting and consulting firm. Use of Best Practices — ClientFirst utilizes PMI, ITIL, COBIT, and EAP concepts, along with our own experience and best practices, as building blocks for completing technology assessments, designs, and delivering services. Governance is an essential component to overseeing that IT strategies and recommendations align with business objectives on an ongoing, repeatable basis. • PMI (Project Management Institute) • ITIL (Information Technology Infrastructure Library) • COBIT (Control Objectives for Information and Related Technology) • EAP (Enterprise Architecture Planning) CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE rJ 127 Telecommunications Consulting Project t Qualifications Our consultants have been assisting local governments with innovative technology solutions with ClientFirst for 17 years, bringing with them many more years of experience in this field. Our risk -averse technology planning and the quality of service we provide our clients have resulted in numerous long-term business relationships. We are confident that no other consulting firm focusing on local governments offers the wide range of IT services that we do. Government Technology Focusing on local governments means that we understand the unique needs, processes, protocols, and political nuances involved in the industry. This understanding and experience ensures that our strategies and recommendations are practical in all respects. Our management team's career experience includes over 3,000 projects for more than 500 local government agencies. We"have a local presence with extensive experience in California. ClientFirst is a national firm, with practices located in California, Illinois, Texas, and North Carolina. Schaumburg, IL San Antonio, TX Charlotte, NC We understand that not all government executives are versed in the latest technology issues and opportunities. Therefore, our approach and deliverables provide a business -management perspective that allows the layperson the ability to understand the technology issues, strategies, and potential solutions required to make more informed business decisions. ClientFirst believes in practicing true independence. We do not resell products, nor maintain relationships that would result in any add-on profit margins or referral fees. Our interest is in putting the client first by finding optimum solutions (i.e., the greatest value at lowest competitive cost) to meet their needs. Our consultants are recognized nationally for their work by many of the industry's leading vendors. They appreciate the fairness and objectivity we demonstrate when dealing with their organizations. CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 6 127 Telecommunications Consulting Project Cyq J Industry Recognition CIO Review ClientFirst has been featured in CIO Review as one of the "20 Most Promising Government Technology Solution Providers". C10fteyiew 'Ter enle.ln I.r I.I..eH.. Sd.11ns 20 Most Pmmiting Gmtmment Teshnotogy Solution Provider ! TEE— National � .rr....a.w.W r...... ,r�r rl..(.r Wrr rY1r��1.Y.rr�,r.W� .rar.er..r.r.arr..r.... .e.�.r.rr.r..m.m.wr b W..Y�......r rL.. .r.r•rr.L�rrr�.Yr.� rxteltwmate.�so a... ow.p •�-Karr��- �r� r.•..irr� .r. Fr..rirl National Speakers Cli--Fest Tee Wale gy Ccr atM Bringing Innamlion, Optimization, and Measurement to Local Government --_„ nd. FR11 ES fir. r. r.Yri.� iy r.+a.a.saa..a rra..OrrYY - .y. r re Gq rr. rp. Y .► W T. ��rr.r. r•.a�. ��da �� .ir..e�ney.� CL rr.q '..rcowro+.w 6enmmareamm bpenals 'SYs4� .ve�lr u�i sw�. � sers+<.�..ovr r rrr. a rr r Am®ORe�00 ` PyrrrY ..'./�lT.t�Y. aeerdblaeY4mmel p.r�••I...R.K r'r_.rds. 09Myolrmem4 pJLnbgNtrR rs c>f�lrpr. r r.. or...rrer.r, ri�r�. .W �e.ar YtrtrrY.4 r..ppyr�,.,• Kr.rltl. r.Yl�.r.b `r�r.�rr •i..1.1L.a1.�).Y �Ma'.l�hd Ga �stlw44d r...a �..n..0.t lr..11..s A.ri�.. Yip=.YYIdmY qr.�s}ray .r�.ir<r..+Y.. .mr...r w.rrrrr.r• 1dls.r..�0� WweY..,rt�..ra r•..r++rr..��.�, � .� rrl� �eIOO.Y ClientFirst personnel have conducted educational sessions at national and local conferences such as CSMFO, MISAC, and GFOA, among others. OrCOL IT1ESASSOCLOONl �L 1 0 B= MISAmC CALIFORNIA SOCIETXeIMUNICrnAL FINANCE OFFICERS NATIONAL F11 T LEAGUE I of CITIES mis uin+oa.,unus nL, W A1mm.,F.VmMmffipC6NN TAGITM iF7ASb55GGAnON GF CAYEflIItIEtiT.U.IFIF$iIIBRN iEChT'OIA.T tdAN0.GA5 INNOVATION •TECHNOLAGYIN lACALGOVEF:NMINT CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 7 127 Telecommunications Consulting Project Diversified Experience We have extensive experience with a wide variety of organizations and technology and processing environments. In addition, we have significant market knowledge regarding software and hardware providers and are well-informed with respect to vendor and industry developments. Whatever the agency's technology needs are, we offer a unique combination of experts in their given disciplines who can guide technology decisions, planning, implementation, and management, chosen according to the specific needs of each project, working as an integrated team to provide end-to-end consulting and support services. CuENTRRST Integrated Technology Solutions Groups Bill Audits Strategic Planning VOID Design, RFP/Procurements CarderServices Call Centers Networking Servers Data Centers Disaster Recovery Security Technology Planning Assessment and Certification Needs Assessment IT Assessments CADD Design & Layout Technical Services Process Improvements � VendorSelection k Help Desk Contract Negotiations ImplementationAssistance Planning Project Management ProjeciManagemenf Managed Services Technology Govemance Documentation Implementation Oversight (Enterprise Content Management) Assessment&Planning Business Process Review Needs Assessment Design s Business Process Review DataManagement Ri Software Selection System Selection Development ImplementationAssistance Planning Mapping Implementation Oversight CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE AIN Telecommunications Consulting Project ° . V • VoIP Readiness Review • Internet and Firewall Security Reviews • Systems Evaluation, Design, Specifications, and • IT Security Reviews RFP Development • Security Policy and Controls Development • Bill Audits (Cost Analysis and Negotiation) • Intrusion Testing • Telecom Expense Management (TEM) • Credit/ Refund Requests Management Consulting • Strategic Planning • Project Management •Technology Strategic/Master Planning • Carrier Services Cost Analysis • IT Assessment • Operational and Workflow Reviews • IT Staffing Assessment • System Selection and Contract Negotiations . Process Improvement • Hot -Site and Recovery Services Evaluation • Procurement Assistance • Storage Area Networking • Contract Negotiation ServicesIT and Operations • Project Management IT Technical and Managed Services • IT Governance Seminars • On -Site or Remote Support • Inventory and Licensing Management Applications Consulting • Network, Server, Selection, Implementation, Configuration, and Management Business Process Review • Security Systems Support • Remote Systems Monitoring • Business Case Analysis • Assessment and Recommendations • Process Analysis and Improvement IT - tion • IT Staffing Assessment and Operational Review • Interim IT Management Software Selection • Virtual CIO Service • Feature I Function Requirements • Supplemental IT Management Staffing . Implementation Risk Assessment • Change Management • 'RFP Development • Vendor Analysis and Evaluation • Needs Assessment . Demonstration Facilitation • Business Process Review . Contract Review and Negotiation • System Selection • Implementation Project Management • Planning • Ad Hoc Report -Writing Assistance • Implementation Oversight Networking and Servers • Assessment and Planning • Assessment, Design, and Installation • Design • Data Management • Replication and Redundancy Strategies • Development • Virtualization • Mapping • Cloud Computing • Wireless • Data Center Design _! Disaster Recovery • Assessment and Certification • Risk Assessment and Business Impact Analysis • CADD Design and Layout • Disaster Recovery Planning • RFP / Vendor Selection • Hot -Site and Recovery Services Evaluation • Project Management • Storage Area Networking • Documentation • Backup Strategies and Design • Fiber -Optic Network Design CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 9 127 Areas of Expertise CLIENTFIRST has such a broad and well-rounded experience with cities that they already have a good idea of what will or won't work. Other vendors we have worked with don't have this depth of experience and suggest solutions that are unrealistic in a city government environment. IT INFRASTRUCTURE & OPERATIONS EXPERIENCE • Data Center Management. • Cable Infrastructure Wireless Systems • Routers and Switches • Server Installation, Configuration and Troubleshooting • Network Troubleshooting and Configuration Security Systems Support Network Management • Event Monitoring • Patch Management • Inventory Management • Licensing Management • Software Distribution • Remote Network and Desktop Monitoring — IT Director CA Municipality TELECOM EXPERIENCE • Systems Evaluation and Assessments • Telecommunications System Management • Voice and Data Cable Infrastructure Design and Engineering • LAN/WAN Assessments, Design, Procurement, and Implementation • VoIP (Voice -over -Internet Protocol) Readiness Reviews and Assessments Telecom Billing Audits and Cost Reviews • Strategic IT and Telecommunications Planning • Systems Design and Alternative Analysis • Business Continuation Planning and. Disaster Recovery Planning • Call Center Planning and Operational Design Competitive System and Vendor Selection Project Management and Implementation DEPARTMENT AREA EXPERIENCE • Council • Administration Building and Safety • City Clerk • finance • fire • Library Utility Billing • Customer Service/Call Centers • Payroll • Human Resources • Planning Police Purchasing Public Works Parks and Recreation Engineering • Geographic Information System (GIS) Water • 'Waste Water • Sanitation Field Operations • Laboratories • Environmental Services • Facilities Treatment Plants • Fleet Management. • Engineering • Warehousing • SCADA APPLICATION AREA EXPERIENCE • General Ledger • Budgeting • Project Accounting • Grant Accounting • Cash Receipts • Purchasing and Receiving • Bids Management • Contract Management • Accounts Payable • Fixed Assets • Loans • Special Assessments • Financial Reporting • Business Licensing • Applicant Tracking • Human Resources • Employee Self -Service Benefits Tracking • Time and Attendance Payroll • CIS and Utility Billing • Customer Service / Call Centers • Backflow • Service Orders • Work Orders / Preventative Maintenance • Inventory and Fleet Management - Planning, Permitting, Inspection and Code Enforcement • Land/Parcel/Address Management • Computer -Aided Dispatch (CAD) • Records Management • Mobile Computing • Citizen Request Management (CRM) • Geographic Information System (GIS) • Adjudication • Citation Management Telecommunications Consulting Project J . We understand that the experience of the individual consultants is a significant factor in hiring a firm to conduct the project on your behalf. Our consultants have extensive public -sector experience in their respective careers, including projects with the following agencies: California City of Albany City of Azusa City of Big Bear Lake City of Brentwood City of Burbank City of Calabasas City of Camadllo City of Carlsbad City of Chico City of Chino City of Colton City of Corona City of Coronado City of Downey City of Dublin City of Escondido City of FosterCi City of Glendora j City of Healdsbury) City of Hemet City of La Habra., City of La Puente City of Laguna Nigue City of Larkspur City of Lathrop City of Lomita CIty of Menlo Park f City of Mission VleJb City of Montclair # CIty ofP4aIm Desert City of Palmdale City of Piedmont City of Pismo Beach City of Porgy Hueneme City of Rancho Cucamonga City of Rancho Mirage City of Redlands City of Rialto City of Rohnert Park City of Rosemead City of Sacramento City of San Clemente City of San Gabriel City of San Jacinto City of San Pablo City of San Rafael City of Seal Beach City of Sierra Madre City of Simi Valley City of South Gate City of South Pasadena City of South San Francisco City of Tustin City of Upland City of Vacaville City of West Covina County of Mariposa County of Mendocino County of Riverside County of San Bernardino County of Tuolumne County of Yolo Town of Danville Town of Hillsborough Town of Truckee Town of Yucca Valley CA -NV American Water Works Association Castaic Lake Water Agency Castro Valley Sanitary District Cucamonga Valley Water District Glendale Water and Power Hayward Area Recreation and Park District Irvine Unified School District Jumpa Community Services District Livermore Area Recreation and Park District Midpeninsula Regional Open Space District Newhall County Water District Piedmont Police and Fire Ramona Municipal Water District Rincon del Diablo Municipal Water District Rosamond Community San Mateo Fire District SanrMarino Unified School District So themtCallfomia:Coast;1I Water Research Sweetwater Authodty ;Walnt�l�Valley Water District Westem)'Municipal Water District—�_ Colton Joint Un rl ed School= District Irvine UnifiediSchool District Lake Elsinorhnified School Z-Distdc—fL Menifee District 11 Mesa Water, District Mountain View School District Romolandj'School Dishict West Covina Unified School District If San Jose Community,Colleg University of Californi�S_�_ Berkeley University of California Francisco UCSF Medical Center Stanislaus Council of Governments Mechoopda Indian Tribe Alabama City of Pelham Arizona County of Madcopa Connecticut City of Bristol City of New Haven Groton Police and Communications Dispatch Town of Groton Florida City of Cape Coral City of Deerfield Beach City of Dunedin City of Fort Lauderdale City of Pompano Beach City of Port St. Lucie City of Riviera Beach Illinois City of Bloomington CLIENTFiRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE City of Champaign City of Countryside City of Crystal Lake City of Highland Park City of Joliet City of Lake Forest City of Moline City of Morton Grove City of Naperville City of Oakbrook Terrace City of Orland Park City of Prospect Heights City of Rockford City of Rock Island City of St. Charles City of Waukegan City of Wood Dale County of DuPage County County of Peoria County County of Sangamon County ,County. of Winnebago County Viilageof Arlington Heights,_ Village of Car`y1, Village of Glencoe VlllageoiKenilworth Village of Lake Barrington 1 Village of Libertyville Village of Lincolnwood _ Hinsdale Township High School District 86 Indian Prairie Community Unit School District 204 J. Steding Morton High School District 201 Lake Zurich Community Unit School District 95 Mount Prospect School District 57 Naperville Community Unit School District 203 Naperville Park District Norridge Park District Oswego School District 308 Pace Suburban Bus Division Park Ridge Schools Port Byron Central School District Posen -Robbins SD 143.5 Prospect Heights School Riverside Public School District 96\____ Rockford Public Library_ Rock,River Water } Village of Northbrook i Town. Village of Northfield 214 Village of Oak Broo Whea Vil ageof Oalc Park Dist Village of Oswego Winn( Village of Palos Park Dist Village of River Forest La T il(ege otRrvers e Village of Westmont t Oak F Village of Wheeling �Oswe DuPage.Coonty Health bept J(Park I Batavia Publfc–SchoorDisihici Central Community Unit \� School District 301 Champaign County Forest �\ Preserve District 1 Civitas Schools 'Community High School District 99 Community Unit High School District 300 Community Unit School District 308 Consolidated High School District 230 Consolidated School District 158 DeKalb Community Unit School District 428 Ela Township Forest Ridge Elementary School District 142 Geneva Community Unit School District 304 Glenview Schools Gower School District Hampton School District 29 Harem School District 122 Harrison School District 36 Harvard Community Unit School District Harvey School District 152 The Udiversity of Notre Dame City -,of Ankeny I City of Bettendorf L City of Burlington City of Cedar Rapids City of New Hampton City of West Des Moines County of Johnson County of Linn State of Iowa Burlington Community School District Cedar Rapids Community School Disbict Davenport School District Diocese of Davenport Catholic Schools Dubuque Community School District Knoxville Community School District Mason City School District North Scott School District Des Moines Area Community College Cedar Falls Utilities Kansas City of Shawnee Michigan Lake Superior State University University of Michigan Minnesota County of Anoka Nevada County of Nye Town of Pahrump New York City of Batavia Village of Ossining North Carolina City of Budington City of Gastonia City of High Point City of Kinston City of Mount Airy City of Sallsbury� Arc of Stanley County County of Buncombe County of Cabarrus , Utilities if Cuyahoga T Montgomery Dakota ty Area Schools City of Ptiugerville City of University Park County of Collier County of Denton Corpus Christi Fire Highland Park Police and Fire International Bank of Commerce River Oaks Country Club State Bank of Texas University of Texas Health Science Westwood Country Club Utah Washington County School District Virginia Commonwealth of Virginia Wisconsin City of Appleton City of Brookfield City of Eau Claire City of Wauwatosa Cityof West Allis County of Brown County of Kenosha County of Milwaukee County of Waukesha HIDTA Milwaukee Diocese of Madison Catholic Schools Madison School District Shorewood School District Whitnall School District West Allis School District 11 127 Telecommunications Consulting Project s ClientFirst consultants collectively possess an extensive portfolio of certifications, revealing their commitment to ongoing professional training and ensuring that our clients have access to the latest information in the field. PMP - A�icl>r eofr BS'„� Mo=m ft ' CERTIFIED K o IVICSE TI iftmSCERFOff IT Professional CISM01 CERTIFIED c CERi1FliD iHF�R!`tAiloN . : Sy52ernsAdmlr9strutat Certified HOVEt.E PiOvefl@II.' *IEEE ENCERTIFIED `v Technology CJQSpecialist A 3com N o ; Certified; Professional CERTIFIED EnterpriseAdmin[stratm IT Professional I KISaft C E R T I� IED( ScrvcrAdministrator ITProfesstonol {'M ...... ZTEMM1:V” CCN � 1CCD lei. ,_ ��'t _; •� \oEpan aEp7tFlE� q, CERTIFIED l CCDA� Server _ cu„�e\ rNWRT) W" CERTIFIED HTML13 �0 tCCNA� Network CERTIFIED NSPE Alcatel -Lucent CRAfih Certification of Competency seC[.lrEt/�_ in8`ui1'essftw CITRM professional CERTIFIED Pra`egt . CERTIFIED Bicsi� }TCDD Microsoft vaisucalsdRASiC° for Applications v� JavaScript YHimble storage C'00sle CERTIFIED TRAINER W70 • - redhat. M CERTIFIED ENGINEER CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE Certified Administrator a 40 0 CLEARSWIFT » MIME sweep©r+ SOCEIYOF Exp- rine E'xpufisa VI-f- 12 127 Telecommunications Consulting Project Scope of Services The City of Seal Beach wishes to procure consulting services to assist in. the replacement of the current telephone system. Our plan is to conduct a telecommunications assessment and system design, Technical Specification, and formal Request for Proposals (RFP) to purchase equipment, software and services, and conduct a competitive system selection. Project Approach and Scope of Work Phase 1 — Telecommunications System Needs Assessment, RFP Development and Vendor Selection 1. Communication System Needs Assessment We will review the initial RFP document and conduct a high level -Focused needs assessment discussion with the City Team to gather requirements for the telephone system. A major focus of the project is the discovery of the City's current communications operations. Our objective is to obtain an understanding of the City's current operations, required features, and departmental call flow and determine how communications technology and operational modifications can better serve citizens and gain operational efficiencies. 2. LANMAN and Cable Infrastructure Discussion/Review Because the City currently has a VoIP system installed using the existing data network, per the City Team, it is believed that the existing data network is adequate for the deployment of a new VoIP platform regardless of whether the selected solution is a cloud -based or premises -based solution. As a result, we will not be reviewing the data network. 3. Telecommunications Lines and Services Review The City is currently experiencing challenges relates to the existing telephone lines and services. The existing carrier is making changes to the services to address the outages and operational issues, but the specific changes are not yet known. As a result, the City will provide a listing of the lines and services that the carrier provides to address the operational issues. We will include that information in the RFP document. 4. Prepare Criteria for System Selection We will develop a list of selection criteria that will be used while evaluating RFP responses and alternatives. In addition, we will assist the City with the prioritization and quantification of these criteria to best fit the City's needs. These criteria will then be used to provide an apples -to -apples comparison between systems and assist with making the final system selection decision. CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 13 1 27 Telecommunications Consulting Project # 5. Develop a Formal RFP for the Communications System We will review the previously prepared RFP document in an effort to include any operational information previously gathered. We will update that document to include the needed details specific information needed for the vendors to provide a proposal. Our RFP document will include the operational requirements for the telephone system. We will prepare a detailed RFP that will provide vendors with the information needed to develop a specific proposal. Included in the RFP will be the required equipment, hardware, and software features, as well as the current and projected line capacity. Also included will be a request for special considerations, such as voice system redundancy, business recovery planning, and technical and managerial training for the system being proposed. The RFP is designed to obtain vendor proposals from multiple manufacturers and dealers that are geared toward your specifications rather than their own sales objectives. The RFP will also include requests for information related to the leasing of equipment and the proposed implementation plan. A draft of the RFP will be submitted for your review and approval prior to its release. 6. Release RFP to the Selected Vendors We will work with the City to coordinate a release of the RFP document(s). Telecommunications manufacturers and dealers selling Avaya, Mite[, NEC, Cisco, Microsoft, and others should be included. Proposals from vendors offering hosted solutions can also be obtained through the use of the RFP document. Vendors will be allowed approximately four weeks to prepare a detailed proposal. 7. Receive, Review, and Evaluate Vendor Proposals and Configurations We will compare the vendors' configurations and quotes to the system specifications, evaluate the configurations from the standpoint of the selection criteria developed earlier, and obtain additional clarification from the vendors, if needed. We will use our contacts and consultant liaison programs to obtain additional information, as needed. Our real-life experience with vendors, their performance with other clients, the number and quality of service technicians, installation procedures, flexibility with installation timing, hourly rate negotiations, maintenance cost negotiations, and many other issues are of great value during the selection process. 8. Prepare a Comparison of Vendor Responses and Conduct a Findings Workshop This comparison will utilize our vendor evaluation and scoring tool and provide an analysis of the proposed system's ability to meet the City's telecommunications needs. It will include a cost analysis, as well* as a review of the selected vendors' references to verify their ability to perform. We will conduct a findings workshop to review the vendor proposals and evaluation scoring. 9. Coordinate Finalist Vendor Demonstrations Not Included - OPTIONAL We are happy to coordinate and direct the demonstrations with on-site attendance for each demonstration. Our participation in this step varies from project to project. As a result, our participation in the demonstration step is optional and at the City's discretion. 10. Develop a Summary Report of Findings and Recommendations This report will provide a summarization of the project process, vendor proposals, evaluation process and results as well as recommendations. CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 14 127 .d Telecommunications Consulting Project s sEa� � 11. Present Findings and Recommendations We will work with the City to assist with the development of a Council motion and a description of our recommendations and will present our findings and recommendations to City management and the City Council, if needed. Phase 2 — Optional - Implementation Project Management The level of our involvement varies greatly from project to project. It will depend heavily on the complexity of the final system design, the client's comfort level with the process and the selected vendor, as well as the available internal City staff. As mentioned above, our project scope to provide implementation/Project Management assistance varies greatly depending on a number of factors. For the City's project, our fee can range widely to address our client's needs. A range to consider is as follows: • Time & Materials — With this approach, Our involvement is reactionary at the request of the City. Typically, we assist with the purchase contract and then participate in requested planning meetings set by the selected vendor. • Implementation Project Management — The work plan below includes our active participation throughout the project and management of the system implementation, vendor, and carrier activities. I rroleci management meeungsivaus tvve nave luunu I that conducting a weekly internal City Call on Monday ' and then a call with the selected vendor and the City 72 f 12 2 2 2 provides the City with the best approach and t I I coordination. ---a - -- — 2 Project Definition and Schedule Creation I Contract Negotiation 4 4 Work with team to establish milestone schedule 3 Work with team to establish detailed phone 2 1 1 implementation schedule 3 Finalize Data Network Design Existing Network to be used. No review Needed t ` MonitorlCoordinate Telecom Services Carriers 4 Implementation Plan and Coordinate the listing of the existing telecom 18 i 2 lines, numbers, and services Dial Plan development. Coordinate the implementation of the new SIP/internet Trunking services carrier, DID 18 i 2 Number Port Planning and Coordination CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 16 ` 16 15 127 Telecommunications Consulting Project # Rates $195 $150 $170 Total Fees $29,710 Expenses $0 Total Project Fees $29,710 We can begin the activities related to this project within seven days of finalizing an agreement for accepting this proposal. We understand the City would like to move quickly to obtain the vendor proposals and begin the installation of the new system. We will work with the City and adapt as needed to meet agency needs. CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 16 127 Assist with planning schedule 1 1 Conduct detailed station review process for each department. Develop Visio Call Flow Documentation for each department, provide documentation to departments for approval, provide documentation to 42 2 40 selected vendor for system programming. This process ! ; also includes the inclusion of connectivity for fax R machines, paging systems, door closures, gates, etc. 6 Participation -in E91.1 Design � E911 location information 5 j 1 4 I 7 ----- Participation. in Automated Attendant Design w -- ------- i Automated attendant t l 5 r i 1 4 8 Monitor and Audit Staff and' Administrative Training 1 9 Cutover and! Operational, Testing Testing Plan Review Monitor vendor testing 1 1 10 Reconcile the Final Billingfrom Vendors I 8 ! 4 4 i (Equipment and Carriers)'r ) 11 Conduct 30 -Day Operational Review for Acceptance € -- - -- — - — - —' 2 1 1, Total Hours 182 42 114 26 Rates $195 $150 $170 Total Fees $29,710 Expenses $0 Total Project Fees $29,710 We can begin the activities related to this project within seven days of finalizing an agreement for accepting this proposal. We understand the City would like to move quickly to obtain the vendor proposals and begin the installation of the new system. We will work with the City and adapt as needed to meet agency needs. CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 16 127 d uai & Telecommunications Consulting Project J� Project Team The personnel selected for this engagement are experts in their given disciplines, chosen according to the specific needs of this project, working as an integrated team to provide end-to- end consulting and support services. Detailed profiles for each Project Team member are found in this section. CLIENTFIRSTTECHNOLOGY CONSULTING 17 127 OPTIMAL TECHNOLOGY GUIDANCE Telecommunications Consulting Project # Tom Weiman Practice Leader, Enterprise Communications Consulting Tom Weiman has been providing IT and telecommunications consulting for more than 25 years. He has experience providing consulting in telecommunications, data networks (LANMAN), and cable infrastructure. Tom's unique combination of voice, data, and infrastructure experience provides our clients with years of design, selection, and implementation experience with all facets of IT and telecommunications. Tom has direct experience in the detailed design of contact centers, IVR operations, and the integration of voice and data services for multi -location clients. Highlights • Lead Project Manager, State of Wisconsin, saving the state over $90 million in telecommunications service costs • Former Partner and National Telecom Consulting Project Leader for RSM McGladrey, the nation's fifth-largest CPA and consulting firm • Call Center Campus Instructor at Purdue University, Center for Customer - Driven Quality • Provided telecommunications consulting services to nearly 300 public agencies throughout the United States, including government agencies, non-profit organizations, healthcare and financial institutions, and educational institutions at the K-12 and higher education levels Agency Experience City of Bloomington City of Sioux Falls City of Brentwood City of South Pasadena City of Burbank City of South San Francisco City of Calabasas City of St. Charles City of Camarillo City of Upland City of Cape Coral City of Waukegan City of Chino City of Wauwatosa City of Corona City of West Allis City of Countryside City of West Covina City of Deerfield Beach City of West Des Moines City of Downey City of West St. Paul City of Dunedin County of Buncombe City of Eau Claire County of Cabarrus City of Escondido County of Du Page City of Fort Lauderdale County of Milwaukee City of -Foster City County of Montgomery City of Kinston County of Orange City of La Habra County of Peoria City of La Puente County of San Bernardino City of Laguna Niguel County of Sangamon City of Lake Forest County of Tazewell City of Mason City County of Tuolumne City of Matteson County of Wil City of Miami Springs County of Winnebago City of Moline County of Yolo City of Mount Airy Town of Danville City of Mount Dora Town of Truckee City of -Murrieta Village of Arlington Heights City of Naperville Village of Cary City of New Hampton Village of Lincolnwood City of New Haven Village of Northfield City of Oakbrook Terrace Village of Oak Brook City of Orland Park Village of Oak Park City of Palm Desert Village of Palos Park City of Palmdale Village of River Forest City of Piedmont Village of Riverside City of City of Pompano Beach Bettendorf City of Port St. Lucie Civitas Schools City of Prospect Heights Consolidated SD 158 City of Rancho Cucamonga Algonquin CUSD 300 City of Rancho Mirage Arlington Heights Township City of Redlands HSD 214 City of Rock Island Assumption Catholic High City of Rockford School, Davenport City of Sacramento Batavia SO 101 City of Salisbury Burlington Central CUSD 301 City of San Clemente Castaic Lake Water Agency City of San Gabriel Cedar Rapids Community City of San Rafael School District City of Sierra Madre Davenport Community Schools CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE Davenport School District Park Ridge -Niles CCSD 64 DeKalb CUSD 428 Port Byron Central School Diocese of Davenport Catholic Districts Schools Rapid City Area Schools Diocese of Madison Catholic Riverdale CUSD 100 Schools Riverside SO 96 Dubuque Community School Rockford Public Library District Salisbury -Rowan Utilities (SRU) Eastern IL University San Bernardino Municipal Elgin School District Water Department Forest Preserve District of Will San Jose/Evergreen County Community College Geneva Community Unit SD Schaumburg Township District 304 Library Glenview Schools Sherrad Community Schools Gower School District 62 Shorewood School District Hampton SD 29 South Florida Water Harlem SD 122 Management Harrison SD 36 St. Ambrose University Harvard CUSD 50 St. Charles CUSD 303 IL Action for Children Sunset Ridge SO 29 Illinois State University University of Chicago Indian Prairie CUSD 204 University of Michigan Irvine School District University of Notre Dame Knoxville Community School Wahlert Catholic High School District Washington County School Livermore Area RFD District Madison School District West Allis School District Mason City School District West Aurora SD 129 Mount Prospect SO 57 Wheaton-Warrenville SD 200 Naperville CUSD 203 Whitnall School District Newhall County Water District Cedar Falls Utilities Norridge Park District Central Illinois Power North Scott School District Church of Our Savior Oak Park Public Library Ohlone Community College Omaha Public Power District (OPPD) Orland Park CHSD 230 • • • Oswego CUSD 308 especially Tom, Oswego Public Library District you • • for PACE Suburban • •this RFP• Bus Division RTA Park District of without your• Highland Park CREDENTIALS, DEGREES, AND AFFILIATIONS • Bachelor of Arts in Communications from St. Ambrose University • Ongoing training from Avaya/Cisco/ShoreTel/Nortel/ Mitel/NEC, and others • Past President and current member of the Iowa Telecommunications Users Group (ITUG) • Member, All Major Vendor Consultant Programs • Member, Association of Communications Technology Professionals in Higher Education (ACUTA) • Member, Building Industry Consulting Services, International (BICSI) • Member, Healthcare Information and Management Systems Society (HIMSS) • Member, Society of Telecommunications Consultants (STC) • Member, Institute of Electrical and Electronics Engineers (IEEE) SPECIALTIES • Billing Audits and Cost Reviews • Carrier Services Cost Analysis • Competitive Hardware and Services RFP Development and Evaluations • Implementation Project Management • Operational Assessment and Workflow • Strategic Telecommunications Planning • VoIP Readiness Assessments and Review 1,8127 Telecommunications Consulting Project °: Marcia Struwing Senior Telecommunications Consultant Marcia Struwing specializes in bill auditing, inventory, call center operations and design, voice and data communications systems, operational needs assessments, and project management. Marcia has provided these services for hundreds of clients throughout the United States in both the public and private sectors. Her direct experience includes work for government agencies, not-for-profit organizations, healthcare, and educational institutions (at the K-12 and higher education levels). Highlights System Implementation Project Leader for a large K-12 school district — provided coordination and planning for the implementation of a 1,500 station Cisco VoIP telecommunications system in a multi -location environment Call Center Implementation and Call Center Management Services — assisted with the design and implementation of a large multi -location telecommunications system and call center that included multiple sites and 100+ active agents Contact Center Operational Assessment for a Large University Medical Group — performed an operational review and assessment of the methods used to make appointments, disseminate medical information, enable physician referrals, communicate the status of appointments, and confirm appointments. Agency Experience City of Chino City of Foster City City of La Habra City of Laguna Niguel City of Lake Forest City of Murrieta City of Piedmont City of Rancho Cucamonga City of Redlands City of Rockford City of San Clemente City of San Rafael City of South San Francisco City of St. Charles City of West Covina Batavia Public SD 101 Butler SD 53 Calumet City SD 155 Carpentersville School District Central Burlington CUSD 301 Community Unit SD 300 Consolidated HSD 230 Consolidated SD 158 Algonquin County of DuPage County of Milwaukee County of Tuolumne County of Winnebago County of Yolo DeKalb CUSD 428 DuPage County Health Department Durand CUSD 322 East Aurora SD 131 Eastern Illinois University Elgin SD U-46 Geneva CUSD 304 Harlem SD 122 Harrison SD 36 Harvard CUSD 50 Harvey SD 152 Hononegah SD 207 Indian Prairie CUSD 204 Lake Elsinore Unified SD Livermore Area Recreation Park District Marmion Academy Milwaukee Transport Services Mount Prospect SD 57 Naperville CUSD 203 Nippersink (Richmond -Burton) RB 2 Northern Illinois University Oswego Public Library District Park Ridge -Niles SD 64 Posen -Robbins SD 143.5 Prospect Heights SD 23 Rockford Public Library Salt Creek SD 48 San Bernardino Municipal Water St. Charles CUSD 303 Sunset Ridge SD 29 Township High SD 214 Village of Arlington Heights Village of Cary Village of Libertyville Village of Lincolnwood Village of Northfield Village of Riverside West Aurora SD 129 Wheaton-Warrenville SD 200 Winfield SD CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE CREDENTIALS, DEGREES, AND AFFILIATIONS Bachelor's Degree from the University of Illinois Member of consultant liaison programs for Alcatel, Cisco, Avaya, Nortel, Siemens, ShoreTel, Mite[, i3, and others 19 127 1'44 Telecommunications Consulting Project # Aaron Ayala Senior Systems Engineer Aaron Ayala has over 20 years in Information Technology and more than five years working solely on high-level, local -government projects. Mr. Ayala is an expert in providing IT support, project management, and vendor relations. He is accustomed to high-value, fast -paced, high-pressure roles, with the ability to prioritize multiple tasks, meet deadlines, while providing a superior level of customer service. Highlights • Infrastructure Project Manager and Network Design Engineer • Manages large- and small-scale implementation teams. Examples include: • $4.5MM deployment of Cisco and ShoreTel structured cabling, voice and data infrastructure for a municipality with 35 locations • $2.5MM deployment of HPE and Mitel voice and data infrastructure for a county with 33 locations • IT Implementation project management for Mother Lode Regional Juvenile Detention Center, Tuolumne County, California • Data Center Relocation for a mid-sized California city • Contract administration for structured cabling system, door access control and data center -related vendor implementations • Design and procurement of Cisco, HPE, Palo Alto and other major network solutions • Wireless systems, Networks, Network security, Backup systems, Infrastructure • Design and procurement of door access control, structured cabling, and video surveillance systems • Implementation of network management tools, including network monitoring, Active Directory security, and others Agency Experience City of Azusa Consolidated SD 158 City of Corona DeKalb CUSD 428 City of La Puente Durand CUSD 322 City of Laguna Niguel East Aurora SD 131 City of Murrieta Elgin SD U46 City of Pacific Grove Geneva Community SD 304 City of Palm Desert Harlem SD 122 City of Rancho Cucamonga Hononegah SD 207 City of Rancho Mirage Indian Prairie CUSD 204 City of Rialto Livermore Area RPD City of San Clemente Naperville CUSD 203 City of South Gate Orland Park D230 City of West Covina Posen -Robbins SD 143.5 City of Yucca Valley Rockford Public Library County of Mendocino St. Charles CUSD County of Tuolumne Butler SD 53 West Aurora SD 129 Castaic Lake Water Agency Wheaton-Warrenville SD 200 Castro Valley Sanitary District Winfield SD 34 San Bernardino Municipal Water CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE CREDENTIALS, DEGREES, AND AFFILIATIONS • Bachelor of Science in Information Systems, University of Phoenix SPECIALTIES • Infrastructure Project Management • Staff Management • Vendor Relationships • Systems Administration • IT Operations • IT SOX Compliance 20 127 Telecommunications Consulting Project (a Tom Jakobsen Partner— IT Infrastructure and Operations Consulting Practice Leader Tom Jakobsen has over 30 years of experience in the information technology arena. His interdisciplinary experience has given him a unique understanding of the interrelationship between IT infrastructures and the applications they support. It has also afforded him firsthand experience demonstrating the benefits of project management and system development life cycles for infrastructure -related projects. Mr. Jakobsen's dual roles as a Virtual CIO and Consultant provide clients with a resource of tremendous experience who understands interdepartmental and vendor relationships and their management. Highlights • Former National IT Infrastructure Consulting Practice Leader for RSM McGladrey, the nation's fifth-largest CPA and consulting firm • Ongoing Contract CIO for multiple agencies • Former CIO at Frame Relay Corporation • Interim CIO at AAA Colorado • Interim CIO at AAA Arizona • Two-time Interim CIO at Illinois Action for Children • Managed hundreds of IT consulting projects with dozens of municipalities and local governments Agency Experience City of Bloomington City of Brentwood City of Burbank City of Calabasas City of Camarillo City of Chino City of Colton City of Corona City of Downey City of Dublin City of Foster City City of Glendora City of Healdsburg City of Highland Park City of Joliet City of La Habra City of La Puente City of Laguna Niguel City of Lake Forest City of Larkspur City of Menlo Park City of Mount Airy City of Murrieta City of Naperville City of Oakbrook Terrace City of Pacific Grove City of Palm Desert City of Palmdale City of Piedmont City of Rancho Cucamonga City of Rancho Mirage City of Redlands City of Rialto City of Riviera Beach City of Rockford City of Rohnert Park City of Salisbury City of San Gabriel City of San Pablo City of Seal Beach City of Sierra Madre City of Simi Valley City of South Gate City of South San Francisco City of St. Charles City of West Covina City of West Des Moines County of Denton County of Davie County of Mariposa County of Mendocino County of Tuolumne Town of Danville Town of Groton Town of Yucca Valley Village of Arlington Heights Village of Bloomingdale Village of Cary Village of Glencoe Village of Homewood Village of Kenilworth Village of Libertyville Village of Lincolnwood Village of Northbrook Village of Northfield Village of Oak Brook Village of Oak Park Village of Ossining Village of Palos Park Village of River Forest Village of Riverside Batavia USD 101 Butler SD 53 Carpentersville School District Central CUSD 301 CHSD 230, Orland Park Colton Joint USD Community CSD 158 Cucamonga Valley Water District CUSD 300 CUSD 308, Oswego DeKalb CUSD 428 Durand CUSD 322 East Aurora SD 131 Elgin School District Forest Preserve District of Will County Geneva CUSD 304 Glenview SD 34 Harlem SD 122 CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE Harrison SD Hononegah Community HSD 207 Illinois Action for Children Illinois Municipal Retirement Fund (IMRF) Indian Prairie CUSD 204 Indianapolis Public Library J. Sterling Morton HSD 201 Lake Elsinore USD Lincolnwood Public Library Mount Prospect SD 57 Naperville CUSD 203 Naperville Park District Nationwide Trial Division Norridge Park District Oak Park Library Orland Park D230 Oswego Public Library District Park District of Highland Park Park Ridge -Niles SD Riverside SD 96 Romoland SD Salt Creek SD 48 San Jose Evergreen Community College San Marino USD SD U-46, Elgin St. Charles CUSD 303 Stanislaus Council of Governments Township HSD 214 University of Chicago Washington County SD West Aurora SD 129 West Covina USD CA -NV American Water Works Association Castaic Lake Water Agency Castro Valley Sanitary District Jurupa Community Service District Mesa Water District Midpeninsula Regional Open Space District Newhall Co Water District Ramona Municipal Water District San Bernardino Municipal Water Western Municipal Water District Winfield SD 34 CREDENTIALS, DEGREES, AND AFFILIATIONS Bachelor of Science in Mathematics and Economics from University of Iowa Member, Project Management Institute, Midwest Chapter Member, University of Iowa Graduate College, Advisory Board SPECIALTIES • Network Design, Procurement, Implementation, and Oversight • Cybersecurity • Disaster Recovery • IT Operations Management • Interim CIO/IT Management • Project Management • Assessments, Strategy, and Planning h Fr 1. Project Management Institute 21 127 Telecommunications Consulting Project � � J Client References We believe our clients are our best salespeople. The references listed here are examples of clients with similar needs. Each of these clients has retained our services many times. We pride ourselves on client satisfaction and strive to maintain long-term relationships with our clients as partners. Qur-otze` City of San Clemente 100 Avenida Presidio, San Clemente, CA 92672 Brian Brower, Information Technology Manager 949-283-3721 BrowerB@san-clemente.org • Telecommunications System Operational Needs Assessment • Detailed review of existing telecommunications lines and services • Development of alternatives and options regarding services, hosted and premise -based systems • Development of detailed project budget • Development of Request for Proposals and Specifications • Evaluation of vendor proposals and systems • Scoring and recommendations regarding finalist vendors • Conducted vendor demonstration meetings • Provided final recommendations and contract negotiations - City of Rancho Cucamonga 10500 Civic Center Dr., Rancho Cucamonga, CA 91730 Darryl Polk, Director / Chief Innovation Officer 909.477.2700 John Gillison, City Manager darryl.polk@cityofrc.us (909) 477.2700 John.Gillison@CityofRC.us • Telecom Operational Needs Assessment • Comparison of existing 700 station system arrangements and costs to alternatives • Telecom Bill Audit • VoIP RFP Specification and System Selection Assistance • VoIP Data Cable Implementation • IT Infrastructure Assessment and Strategy Planning • Multi -Data Center Networking Design and Procurement • Project Management and Implementation Assistance CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 22 1 27 Telecommunications Consulting Project mus -Pieta City of Murrieta QlMRMq[leOOWxaY 1 Town Square, Murrieta, CA 92562 Alex Anderson, Information Services Manager 951.461.6026 aanderson@murrieta.org • Telecommunications System Needs Assessment • VoIP system selection • Development of System Specifications and Formal Request for Proposal • Management of Evaluation and Demonstration Process • Competitive Vendor Selection • Alternative System Analysis and Cost Comparisons • Contract Negotiation and Implementation Assistance Yolo County 120 W. Main Street, Suite D, Woodland, CA 95695 Tom Bates, IT Manager 530.406.5012 Tom. Bates@yolocounty.org • Performed detailed review of existing telecommunications services and determined projected cost reductions • Conducted departmental operational user interviews for each department • Reviewed the telecommunications infrastructure and system configurations • Assessed the existing Local and Wide Area Network for the deployment of Vol.P • Conducted a workshop of our findings and recommendations • Developed a Request for Proposals (RFP) to obtain vendor quotes • Performed vendor evaluation and selection • Negotiated purchase and maintenance contract • Performed VoIP System Design and Implementation/Project Management • Project is still underway CuENTFAST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 23 1 27 doTuolumne County 2 South Green Street, Sonora, CA 95370 Roger Root, IT Director Telecommunications Consulting Project * 209.636.2370 rroot@co.tuolumne.ca.us • VoIP Readiness Review • Telecommunications Consulting for Communications System Update/Replacement • Comparison of existing telecom services vs. the use of SIP Trunking • Telecommunications Operational Needs Assessment • Data Network Design (LAN & WAN) • RFP Development and Vendor Proposal Process • Telecommunications Alternative System Review and Cost Comparison • Cable Infrastructure Design and Contractor Selection • Fiber -Optic Cable Installation Project Management • Billing Audit and Telecommunications Services Design • Data Network Project Management and Implementation • VoIP Telecommunications System Implementation and Project Management • Carrier and Services Change Project Management CLIENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 24 127 Telecommunications Consulting Project Jed u�t &Y sorM`P Price Proposal Telecommunications System Selection Work Plan The following work plan outlines the project steps and the hours to be devoted by project team members. now —I Telecom • •n Project• •=I Struwing Ayala ME 1 7ProLjectanagement and Planning Meetings Project Management Meetings/Calls (We have I found that conducting a weekly internal City F Call on Monday and then a call with the 12 i 72 2 2 2 selected vendor and the City provides the City with the best approach and coordination.) 1 2 Project Definition and Schedule Creation Contract Negotiation y _ 2 Work with team to establish milestone 3 1 1 1 schedule__— Work with team to establish detailed phone I 2. implementation schedule Finalize Data Network Design Existing Network to be used. No review needed CLIENTFiRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 25 127 Conduct a High level Focused Operational Needs 1 Discussion for the telecommunications system with the City ; 4 4 Project Team. City Team is to provide operational requirements. * From documentation -Information provided by the City ' 2 Project Team - review the telephone lines and services 1 1 1 installed 3 Prepare operational requirements and criteria for system 1 1 selection. _ 4 Develop formal RFP for communications system. 8 8 5 Release RFP to vendors. 6 r Receive, review, and evaluate vendor proposals and 12 12 configuration. (estimate 8 Vendor Proposals)_ _ 7 Prepare_ comparison of vendor responses. _ 4 3 1 8 Coordinate finalist vendor demonstrations. (Not Included - 0 OPTIONAL at the direction of the City) 9 Develop Findings Report and Presentation. 3 3 10 Conduct Findings and Recommendations Workshop. 2 1_ 1 � ,.- � --- -- _ - Hours 36 r 34 2 0 now —I Telecom • •n Project• •=I Struwing Ayala ME 1 7ProLjectanagement and Planning Meetings Project Management Meetings/Calls (We have I found that conducting a weekly internal City F Call on Monday and then a call with the 12 i 72 2 2 2 selected vendor and the City provides the City with the best approach and coordination.) 1 2 Project Definition and Schedule Creation Contract Negotiation y _ 2 Work with team to establish milestone 3 1 1 1 schedule__— Work with team to establish detailed phone I 2. implementation schedule Finalize Data Network Design Existing Network to be used. No review needed CLIENTFiRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 25 127 Telecommunications Consulting Project ° •Telecom Implementation.Total Weeks Wellman I Struwlng Ayale$�Hours U) Management 4 Monitor/Coordinate Telecom Services Carriers Implementation i 18 Plan and Coordinate the listing of the existing 2 16 telecom lines, numbers and services j Dial Plan development. Coordinate the implementation of the new SIP/intemet i 18 2 16 Trunking services carrier, DID Number Port Planning and Coordination 5 Detailed Station Review, Call Flow Process and Design and Documentation _ Assist with planning schedule Conduct detailed station review process for each department. Develop Visio Call Flow Documentation for each department, provide i documentation to departments for approval, I provide documentation to selected vendor for 42 2 40 system programming. This process also ; includes the inclusion of connectivity for fax machines, paging systems, door closures, # gates, etc. y rt 6 Participation in E911 Design i 5 _ I 5 E911 location information 1 4 7 Participation in Automated Attendant Design Automated attendant 8 Monitor and Audit Staff and Administrative 1 4 Training 8 9 Cutover and Operational Testing Plan Review_ _Testing Monitor vendor testing 10 Reconcile the Final Billing from Vendors 4 4 (Equipment and Carriers) _ i 2 11 Conduct 30 -Day Operational Review for 1 1 Acceptance a Hours 180 40 1 114 i 26 Project We can begin the initial activities related to this project, such as project coordination and scheduling, within 1-2 weeks of finalizing an agreement regarding this proposal. Alternative scope changes and fee adjustments are possible and are dependent on specific project needs and staff resources and capabilities. Minor changes to the scope and methodology stated above will not result in a change in our fees. If the nature or scope of our work should change significantly during the project, we will discuss such matters and their effect on our fees and obtain written approval before proceeding. CLI ENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 26127 Telecommunications Consulting Project J �� J Payment a- Terms We invoice monthly as work proceeds. ClientFirst will provide detailed accounting of all consulting time and expenses on the invoice. Payments are due within 30 days of receipt, via check or ACH. Additional Services/Purchases by Other Seeking Public Agenc;ies ClientFirst acknowledges that other public agencies may seek to "piggyback" under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contract or proposal. ClientFirst has the option to agree or disagree to allow contract piggybacks on a case-by-case basis. ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name, make payment, and be liable directly to ClientFirst. The agency shall in no way be involved, or responsible to ClientFirst for other entities' purchases. Fees Summary Our fees for the proposed project are based on the actual time spent on the project billed at our standard rates. Hourly rates vary according to the level of responsibility and degree of experience of the individual consultant. Our fees are billed monthly and are due upon receipt. Our fee is on a time -and -materials basis and is a not -to -exceed quote. Hours 36 34 Rates _ _ $195 $150 $150 Phase 1 Fees $ 6,930 Hours 180 40 114 16 Rates $ 195 $150 $170 Total Fees $ 29,320 WENTFIRSTTECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 27 127 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is 'subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. City of Seal Beach 2660174 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the City of Seal Beach 2660174 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' flees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. City of Seal Beach 2660174 1 0 ACC>Ro CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 4/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bowermaster & Associates 10805 Holder St Ste 350 CONTACT NAME: Sandra Perez PHONE FAX N Ext): 714-733-6217 A/c No): ADDRESS: S erez bowermaster.com INSURERS AFFORDING COVERAGE NAIC# Cypress CA 90630 INSURER A: Citizens Insurance Company of America 31534 0B3A915118 INSURED CLIECON-01 INSURER B: Allmerica Financial Benefit Insurance Co 41840 ClientFirst Consulting Group, LLC 980 Montecito Drive, Ste 209 INSURER C: Philadelphia Insurance Companies CLAIMS -MADE � OCCUR Carona CA 92879 INSURERD: INSURER E : INSURER F: DAMAGE TO RENTED PREMISES Eaoccurrence $ 300,000 COVERAGES CERTIFICATE NUMBER: 1079077002 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDS POLICY EXP MMIDO/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 0B3A915118 4/16/2022 4/16/2023 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Eaoccurrence $ 300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑ PRO [_—]LOC X JECT PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY 0133A915118 4/16/2022 4/16/2023 CEa aOMBI ccNidEDent SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) S AUTO IANY OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE —N OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) NIA W23A883062 4/16/2022 4/16/2023 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I C Technology E&O Ind Cyber PHPK2399525 3/31/2022 3/31/2023 Per Claim/Aggregate 2,000,000 Deductible 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Seal Beach, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respects to General Liability per Endorsement 391-1006 0816, primary insurance applies per form 391-1003 0816. f`Co'Ttel!`ArC un! nr_Q CANCELLATION U 1958-ZU15 AGUKU GUKt'UKA I juN. AH rlgnis reserveo. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street AUTHORIZED REPRESENTATIVE 1 /"1 tL? Seal Beach CA 90740 USA '9:a U 1958-ZU15 AGUKU GUKt'UKA I juN. AH rlgnis reserveo. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD .. The Hanover Insurance Group.. OB3 A915118 1001136 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising Injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property 2. damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", personal Injury' or "advertising Injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or ..personal and advertising Injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION 11 - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuringg agreements, exclusions, and conditions of the policy apply. Additional Insured - Broad Form Vendors The following is added to SECTION 11 - LIABILITY, C. Who Is An Insured: Additional Insured - Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", '.property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION If - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The Hanover Insurance Group.. 0133 A915118 1001136 The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION 11 - LIABILITY, B. Exclusions, 1. Applicable To Business LiabilityCoverage k. Damage to Property, paragraph (2is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMT's and Paramedics SECTION 11 - LIABILITY, C. Who Is An Insured , paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury - Broad Form a. SECTION II - LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.. 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION 11 - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate d. Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one ,.occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one 'occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment Hanover Insurance Group.. 0133 A915118 1001136 of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning ofthe policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 (2) Shipping the recalled Products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular ..employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9, required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product'; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: The following is added to SECTION 11 - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the your injury", "property damage" or "personal and advertising Injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6