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Agr-Telecommunications ConsultiNCI Telecom Diagnostics Telecommunications Consulting Agreement Established 1989 An agreement is hereby entered into between CLIENT: (hereinafter called Client) and Network Consulting, Inc. (hereinafter called NCI), whereby NCI is to provide Client with Consulting Services designed to improve the cost effectiveness of telecommunications by conducting a study of Client's telecommunications systems and services. NCI will audit all telecommunications billings to uncover any overcharges and unneeded or inaccurately billed equipment or services. Telephone utility rate tariffs, equipment lists and costs, and any other available means will be used to determine billing errors, trace them back to their origin, and negotiate refunds for client. NCI will also explore ways to reduce or control long distance expenses over Client's present carrier and /or alternative carriers. Ill. A written report will be provided to Client. IV. A. Recovery Fees payable to NCI shall be: Client agrees to pay NCI a One Time Fee equal to fifty percent (50 %) of any refunds and /or credits generated by NCI during the term of this agreement, following the actual correction of any billing errors, overcharges, or other reductions in billing resulting directly or indirectly from the audit by NCI. B. Contingency Fees payable to NCI shall be: Client agrees to pay NCI 50% of each savings item generated by NCI, that result in an on -going monthly savings for client. Amounts due to NCI will be established using the average savings found at the time of initial audit. Said fee is payable in 24 equal monthly payments, following the actual adoption of any recommendation accepted by Client to reduce long distance, or any other telecommunications expense implemented. C. Project Fees payable to NCI shall be: Client agrees to pay separately invoiced fees for additional analyses or consulting activities requested outside the scope of this agreement. A separate project agreement will be prepared for these services. V. Client agrees to notify NCI, in writing, within thirty (30) days after the delivery of the Initial Audit and Recommendations report, which of the recommendations will be accepted and which will be rejected. If Client does not give this notification, NCI, shall infer acceptance and is entitled to one -half (1/2) of any savings as if recommendations had been implemented. VI. Client agrees not to implement any of the recommendations that are not accepted for a period of twenty -four (24) months without notifying NCI and providing proper payment for the savings resulting from the recommendations. VII. Client agrees that Invoices are due and payable upon receipt, and if not paid within 30 days of invoice date, a $15.00 late fee will be applied monthly. Client also agrees and understands that NCI will have the right to collect attorney fees and /or court fees should the account be turned over to a collections attorney. VII. Client understands that savings will continue to be invoiced until each particular savings completes the 24 month billing term. Depending upon when the actual savings was implemented during the term of this contract some savings may continue being invoiced past the initial 24 month contract term. ACCEPTED: TDate: l Client Signa e Title s I— Titl �i - -� 314 E. Main, Suite 202 Gardner, KS 66030 Tel: (913) 856 -2323 Fax: (913) 856 -5511 www.ncikc.com FINANCE DEPARTMENT Rod Franz Director of Finance 300 West Ash • P.O. Box 736 Salina, Kansas 67402 -0736 City of Salina LETTER OF AGENCY / AUTHORIZATION Dear Sir /Madam: TELEPHONE • (785) 309 -5735 FAX • (785) 309 -5738 TDD • (785) 309 -5747 E -MAIL • rod. franz(�!-)salina.org WEBSITE • www.ci.salina.ks.us The undersigned appoints NETWORK CONSULTING, INC. as Agent to analyze and evaluate our telecommunication services. As Agent, Network Consulting, Inc. has the authority to order changes and maintenance on specific telecommunication services you provide to the undersigned, including without limitation, adding to, or re- arranging such services. Information should be provided on the following accounts, and any other accounts that may not be listed here. The specific services include: As per the order of: You are hereby released from any and all liability for making pertinent information available to the Agent, and for following the Agent's instruction with reference to any changes to or maintenance on the undersigned telecommunication services. You may deal directly with the Agent on all matters pertaining to said telecommunication services and should follow the Agent's instruction with reference thereto. This authorization will remain in effect until otherwise notified. Information received is held in strict confidence by Network Consulting, Inc. and will not be released to any other party without written consent of the represented client. Signature �110�VF11 Printed Name Date 0i J-- t, � F, Title �S coSr� -7/ if M/ I vL < <i V cvc, ti T- L 61 1 6� 9q * Y'VA- ��/ti�11l!c �� °/�`�, c U lJ Ae a Franz, Rod From: Jaime Powell Upowell @ncikc.coml Sent: Thursday, July 21, 2005 10:52 AM To: Franz, Rod Cc: Larry Alsup. Nicki Wise Subject: City of Salina -NCI May Invoice Question •• Page 1 of 2 received your letter today disputing the Sprint Charge on your invoice. And I have looked into -)is matter further. ks stated in the previous email our recommendation stated, "Rec 1- Sprint Acct 131 17915 Move :) Alt Carrier or Lower Rates with Existing." While you are correct in stating that our --commendation does not read, "Wait 18 months until the contract expires," it does state that de recommended to lower rates with your existing carriers which was what was implemented 1-ss than 24 months after it was presented to you by NCI. 'er your letter to Bill about the recommendations you stated, "We are currently in the middle of a year contract, expiring in mid 2005. At that time w est course of action, Ind will likely award a subsequent contract based op r -eFAp {i proposals." At this point we >ut this in our system to notify you of the contract expiration in May. However, while reviewing our bills in December we noticed that your rate had decreased. After researching we found >ut that you had "renegotiated a renewal with Sprint for better rates," which per your letter was vhat we recommended. ou are also correct that our contract does not read, "Wait 18 months until the contract expires, Ind then when it is renewed, as it would be in normal course of business, NCI will take half of the lifference in price." However, the contract that you signed on November 7, 2003 does state, Client agrees not to implement any of the recommendations that are not accepted for a >eriod of 24 months without notifying NCI and providing proper payment for the savings resulting -om the recommendations." While we understand that your normal course of business may be u renew contracts, this was a recommendation proposed by NCI which entitles us to half of the fifference in price, or half of the savings. arry Alsup will be calling you this afternoon (around 3pm) to discuss this matter further. If you will iot be available then or have questions before that please give us a call at (913) 856 -2323. hanks again! 1'a I* Pi Powea ietwork Consulting Inc. >ffice (913) 856 -2323 ax (913) 856-5511 - -- Original Message ----- rom: Jaime Powell 'ent: Tuesday, July 05, 2005 4:28 PM 1111►1INK11111 1) Page 2 of 2 'o: 'Rod Franz (rod.franz @salina.org)' ,c: Larry Alsup; Nicki Wise �ubject: City of Salina -NCI May Invoice Question •• arry forwarded your voicemail to me about the invoice for Sprint Internet Savings you were luestioning. Vhile you are correct in saying that NCI did not implement the new contract it was one of our )riginal recommendations (Rec 1- Sprint Acct 131 17915 Move to Alt Carrier or Lower Rates with xisting). NCI's contract states that "Client agrees not to implement any of the 3commendations that are not accepted for a period of 24 months without notifying NO and >roviding proper payment for the savings resulting from the recommendations." you still have questions feel free to email or call (913) 856 -2323 and we can discuss this further. hanks so much! rGi.1NVLPi pouaw letwork Consulting Inc. )ffice (913) 856 -2323 ax (913) 856-5511 '/22/2005 DEPARTMENT OF FINANCE City of TELEPHONE (785) 309 -5735 AND ADMINISTRATION FAX (785) 309 -5738 Rodney Franz, Director TDD (785) 309 -5747 300 West Ash, P.O. Box 736 c' E -MAIL rod.franz @salina.org Salina, Kansas 67402 -0736 Website: www.salina - ks.gov July 19, 2005 Jaimie Powell Network Consulting Inc. P.O. Box 246 Gardiner, KS 66030 Re: Billing for Sprint Contract change I appreciate your e-mail regarding the additional amounts that NCI is claiming with respect to the Sprint internet line. We disagree with your interpretation of the recommendation and the contract. At the time NCI reviewed our service, we were approximately 18 months into a 36 month contract with Sprint for provision of an internet access line. Market rates for that access at the time that NCI reviewed the contract had declined since the implementation of the Sprint contract. The specific recommendation from NCI was that we cancel the contract with Sprint and renegotiate a renewal with Sprint at lower rates or negotiate a contract for the same service with an alternate provider. We unequivocally rejected that recommendation, at that time and we have never implemented it. Our contract with Sprint expired this year. In our normal course of business, that contract was renewed, after competitive quotes, at a significant monthly savings. This is not subject to a claim from NCI for sharing of the savings. The recommendation from NCI was not "Wait 18 months until the contract expires, and then when it is renewed, as it would be in the normal course of business, NCI will take half of the difference in price." Please remove the billing for the Sprint "savings" from our billing. erely, Sin Director of Finance j—, — RECEIVED JUN 1 7 2005 Network Consulting, Inc. P.O. Box 246 Gardner, KS 66030 TO: Rod Franz City of Salina, KS 300 W. Ash Room 206 Salina, KS 67402 NCI rele otoenowr Visit our website: www.ncikc.com Phone: 913 - 856 -2323 Fax: 913 - 856 -5511 Invoice No.: 13950505 Invoice Date: 06 -15 -2005 Due Date: DUE ON RECEIPT If Payment Is Not Received Within 10 days from Invoice Date a $15.00 Late Fee Will Be Applied. For Questions concerning your Invoice, please contact Michelle Camp at 913 - 856 -2323. Current Month Due NCI: Detailed Summary of Savings Attached. Total Past Due Amount: $0.00 Including Any Credits on Your Account Balance Due NCI - Please REMIT: $4�4 Balance Due Includes Any Credit on Account L Payments Received After the 30th are not Reflected In the Amount Due. City of Salina, KS Page 1 May -2005 Local Service City of Salina. KS CONTINGENCY 12050 SBC Acct 785- 826 -7200 Cancel 1+ Saver 13338 Sprint Acct 13117915 Eliminate Sales Tax 14657 Effective 3/1/05 Fee for Electronic Vendor Bill Delivery Totals For Local Service Long Distance City of Salina. KS CONTINGENCY NCI Telecom D/egno +r(c+ Start Da Savings Due NCI Acct 982778 C11487 (Rec 1) Sprint Acct 13117915 Move to Alt Carrier or \ J t May -2005 y+rryo 19 Mar -2004 4.98 2.49 Sep -2004 22.56 11.2 Feb -2005 100.00 50.00 $127.54 $63.77 Start Date Sayina s Due NCI 11488 (Rec 2) AT &T Acct 020 - 644 -2705 Convert to Existing Birch Mar -2004 262.27 131.14 Acct 982778 C11487 (Rec 1) Sprint Acct 13117915 Move to Alt Carrier or \ J t May -2005 y+rryo 19 Lower Rates with Existing Internet �_ Totals For Long Distance �y4 ����.y� Y "— Pay Phones CONTINGENCY 11795 Rec 12) SBC Acct 785- 826 -7200 Eliminate Pay Phone 825 -9429 Totals For Pay Phones C Start Dat Savings D Feb -2004 52.50 26.25 $52.50 $2 5 Summary Savings Local Service Long Distance $127.54 2G yv9 1$645`L�' Pay Phones $52.50 Total Due NCI 44t27.6 "r 0 CsC W Cz L. ','y- 2 ( 221. 1( . k(*O. Page 1 of 1 Franz, Rod From: Jaime Powell ppowell @ncikc.com] Sent: Tuesday, July 05, 2005 4:28 PM To: Franz, Rod Cc: Larry Alsup; Nicki Wise Subject: City of Salina -NCI May Invoice Question re on arry forwarded your voicemail to me about the invoice for Sprint Internet Savings you were luestioning. Vhile you are correct in saying that NO did not implement the new contract it was one of our )riginal recommendations (Rec 1- Sprint Acct 13117915 Move to Alt Carrier or Lower Rates with xisting). NCI's contract states that "Client agrees not to implement any of the =commendations that are not accepted for a period of 24 months without notifying NCI and )roviding proper payment for the savings resulting from the recommendations." ' you still have questions feel free to email or call (913) 856 -2323 and we can discuss this further. hanks so much! rA.t V1'l.PiPoweU/ letwork Consulting Inc. )ffice (913) 856 -2323 ax (913) 856-5511 '/15/2005 D 1 1 2 D n 1 { O r I 41F bin b' N •D A z Z 0 D D N n _ N w Z r N M r c m cc m N3 O -1 m •• O A 3 mz A o I IIII�IIIII AIl II IIN a��w AO-1r rJ• {H FIN Z V Z Z 47 S n O 7N mbom • co D N = o * A aoz X m X N O n< z 0D* tr n O•H A 0 m - v N*f Mom X _ MW z DD N _ D N D — Mi mm o mm - c I-' A •O o rV =o* x r N CDW W W A N V I N N = O 6f W - N M O lTl o w"ODD m vconn o -I rinTn c O ico I M -1 NNCr -0 D F+I�'ONN r N 1 D z r wr m o 0 7C ~N O D 0 I-• N -1 E o ~ O M A z N D < m 2 $ M O N *M 1 * F 7K A D O F+Ir F+F+F+2O W DA O O O O O A RI O O O O O N N mw O O a== FFFFF -iV 00000.0 I-1 r• r• .- Ir m w 00000no '. toN Wtotxl1S O F o 0 0 o o m m -i VI FFFFF47N r W W W w w A 0 0 0 0 0 0< D n N \ \ \ \ \•• N 2 to 00000 2 D V NtT V1 V1IIIA A H m N m z i N O DA v r W \ O W o 3 W •00000D • N 7 0 0 0 0 2 0OOOOm m z D z n m N D r Kz *z Mf D Mf V W �O O V VtN o W WO .o •e0000 c. o.0000 O 0 e o 0 0 w µ N V , W �! O N 0• V NN o O W WO O 10 •0OOOO v o• a0000 e 00000 n n iD nN I NO I m mm m n O m am I O C =;a m A m 0A M= nI D M= z 3 I ..w am I N n I O W M I z y I F { I V •O O F•• T 1 N 1 N I D I r O N -4 2 { D I I I O T 1 D A I 1 0 I m 3 i i 1 D 1 I o I M 1 1 I� IM I A 2 I D 1 H A m Im m 13 1 I I 1n IxZ 1 D N I O D Imr 1 N r 1 1 A Inn 12 C I D A 1 m I m z 2 I WO 1 1 1 I N I D r 1 x m I N 1 1 1 n 1 D O 1Ati I t7D I m r I N CIF bin N 1••I < z 0 o z m m M n •com DD o m m a o V W A W M W W rV F 0) W N N 0 0 N 1� zVSpnnt. 7741 ow - Nam. INVOICE NO, 03722735 m.. SPRINT DATA SVCS INVOICE INVOICE JULY B, 2004 mewl _ PAGE, 0.. ma 07 22/04 _ BILL TO, CITY OF SALINA CUSTOMER -NO, 13117915 j ul 2004 __ Alm CUSTOMER, CITY OF SALINA wal e P.O. BOX 246 D. GARDNER KS 66030 P.O. BOX 246 tea' npo- GARDNER K3 66030 ATTN, ACCT PYBL AMOUNT TOTAL DOMESTIC USAGE CHARGES: ______________ $0.00 TOTAL INTERNATIONAL USAGE CHARGES, $0.00 RECURRING CHARGES, *1,072.60 INSTALL CHARGES: $0.00 PROP T% /REO FEES /USF ADMN, $22.31 GROSS CHARGES. $1,094.91 TAX ON CUSC /PROP T% /REO FEES /USF ADMN: $0.47 USAGE TAX, $0.00 NON -USAGE TAX, $22.56 TOTAL AMOUNT DUE: $1,117.94 ... 7741 ow - Nam. Sprint m.. 03722735 mewl _ 07/08/04 0.. ma 07 22/04 _ waeo�.w, LT /Network usage j ul 2004 __ Alm $1,117.94 wal e Freya D. .CU. 460.150- 895.000 tea' npo- EK9 NN PLEASE RETAIN THIS COPY FOR YOUR RECORDS NR INQUIRIES REGARDING THIS INVOICE SHOULD BE DIRECTED TO THIS TOLL FREE NUMBER 800- 676 -SLIO FOR NON- CONTINENTAL UNITED STATES PLEASE FAX INQUIRIES TO 972 - 405-7137 4-Sprmt. INVOICE N0: 03722735 SPRINT DATA SVCS RECURRING CHARGE SUMMARY INVOICE DATE. JULY S. 2004 INVOICE PAGE: 3 CUSTOMER NAME, CITY OF SALINA CUSTOMER NO, 13117915 RECURRING FROM TO CHARGE INSTALL RECURRING SALES TOTAL CHARGE DESCRIPTION OTY DATE DATE PER ITEM CHARGES CHARGES TAX ---- _____ _ _______ _ _______ _________ __________ ___________ _ EQUIP LOCATION (NETWORK ADDRESS). 300 NEST ASH ST R103 SALINA KS (451 92571 00) *NN* CHARGE TYPE CATEGORY, RENTAL /MAINTENANCE NNNN ACC LINE DS1 - 3 YR 1.00 07 /01/04 07/31/04 0.00 0.00 0.00 ACF DS1 - 1.00 07/01/04 07/31/04 0.00 0.00 0.00 COC -SPA DS1 1.00 07/01/04 07/31/04 0.00 0.00 0.00 IP-DSI -L1 1.00 07/01/04 07/31/04 320.00 320.00 22.56 342.56 SPLK 1536K PORT 1.00 07/01/04 07/31/04 752.60 752.60 752.60 TOTAL 300 WEST ASK ST R103 (451 92571 00), 1072.60 22.56 11095.16 TOTAL CHARGES : 1072.60 22.56 1,095.16 levSprmt INVOICE N0: 03722735 SPRINT DATA SVCS INVOICE INVOICE DATE. JULY S. 2004 INVOICE PAGE: l JUL t s 2000 CUSTOMER -NO, 13117915 CUSTOMER: CITY OF SALINA FILE P.O. SOX 246 GARDNER KS 66030 NN *N *N* * * *N *NAUTO * *3-DIGIT 660 00009512 I AT 0.377 01 1.11 ... .AI, .... l.11... BILL TO, °e CITY OF SALINA °e P.O. BOX 246 e GARDNER KS 66030 ATTN, ACCT PYSL DEPARTMENT OF FINANCE AND ADMINISTRATION Rodney Franz, Director 300 West Ash, P.O. Box 736 Salina, Kansas 67402 -0736 January 7, 2004 X Mr. Bill Bray Auditing Director Network Consulting, Inc. 314 E Main, Suite 202 Gardner, KS 66030 Cfty®f Re: Saline County /City of Salina Telephone System Audit TELEPHONE (785) 309 -5735 FAX (785) 309 -5738 TDD (785) 309 -5747 E -MAIL rod.franz @salina.org Website: Dear Mr. Bray: We have reviewed the recommendations made by the auditing team. With respect to the recommendations regarding the City of Salina in the "Saline County telecommunications audit': Local Service: # 1. Eliminate excessive advertising in white pages. We do not concur that the advertising is excessive. Rather, we believe that adequate listing provides for ease of public access. We do not wish to change the white page listings. # 2. Cancel 1+ Saver We concur with the recommendation. #3 and #4. Reclassify 823 -6665 and 823 -6689 from standard business line rates to Plexar. We would concur, however, both of these lines have been terminated due to a re- organization of the department unrelated to the telephone audit procedure. Thus no action is necessary. #5, #6, and # 7 are Saline County Issues. Please refer to their response. #8. Reclassify 825 -7231 at 255 North 10'" from a standard business line to Plexar. We concur in the recommendation. #9 and #10. Reclassify 826 -1768 and 826 -1769 as Plexar lines. We consulted with the Police Department. These lines are tied into the dispatch center as an adjunct to the 9 -1 -1 emergency system. Do not change the configuration on these lines. #11. Reclassify 823 -5563 as a Plexar line. This is an automated alarm line. Do not change. #12. Eliminate the pay phone at Bi- Center for which we are being charged (825 -9439) We concur in the recommendation. We have just completed a review of pay phones and had terminated service on a number of them. This one slipped through the cracks. #13. Eliminate RNA's on attached list. Generally No. We have identified most of these as legitimate lines. However, there are a few that are apparently disconnected and should not be on the billing: 826 -6567, 826 -7498, and 826 -7499. The Internet and Long Distance sections of this report apply to Saline County. Please refer to their response. With respect to the report entitled "City of Salina Telecommunications Audit ". Internet #1. Move to alternate carrier with lower rates. We are currently in the middle of a 3 year contract, expiring in mid 2005. At that time we will evaluate the best course of action, and will likely award a subsequent contract based on competitive proposals. Long distance: #2. (ATT account) Move to alternate carrier or negotiate lower rates with the existing carrier. We concur. With respect to long distance carriers, we would prefer that all lines be placed on a single carrier, if possible. We would prefer to have a re- negotiated rate with Birch to switching carriers. #3. (Birch account 98277). Move to alternate carrier or lower rates with existing. We concur. This is apparently the toll free service for the BiCentennial Center. We would prefer a re- negotiated rate with the existing carrier. Pagers: #4 through #16. Cancel Pagers for non -usage No. These are all legitimate employees, and we do not wish to cancel pager usage for them. In general concurrence with the recommendations in the audit are conditioned upon the requirement that change in carrier, service provider or class of service does not result in a degradation of service quality. In short, if following the recommended course of action results in unacceptable service levels, then the City of Salina reserves the right to revert to the original provider or class of service with no penalty. Thank you for your assistance. Sincerely, Rod Franz Director of Finance DEPARTMENT OF FINANCE Ckyo>t TELEPHONE (785) 309 -5735 AND ADMINISTRATION FAX (785) 309 -5738 Rodney Franz, Director TDD (785) 309 -5747 300 West Ash, P.O. Box 736 c ' E -MAIL rod.franz @salina.org Salina, Kansas 67402 -0736 C ��nl7 Website: www.salina - ks.gov January 7, 2004 Mr. Bill Bray Auditing Director Network Consulting, Inc. 314 E Main, Suite 202 Gardner. KS 66030 Re: Saline County /City of Salina Telephone System Audit Dear Mr. Bray We have reviewed the recommendations made by the auditing team. With respect to the recommendations regarding the City of Salina in the "Saline County telecommunications audit': Local Service: # 1. Eliminate excessive advertising in white pages. We do not concur that the advertising is excessive. Rather, we believe that adequate listing provides for ease of public access. We do not wish to change the white page listings. # 2. Cancel 1+ Saver We concur with the recommendation. #3 and #4. Reclassify 823 -6665 and 823 -6689 from standard business line rates to Plexar. We would concur, however, both of these lines have been terminated due to a re- organization of the department unrelated to the telephone audit procedure. Thus no action is necessary. #5, #6, and # 7 are Saline County Issues. Please refer to their response. #8. Reclassify 825 -7231 at 255 North 10`" from a standard business line to Plexar. We concur in the recommendation. #9 and #10. Reclassify 826 -1768 and 826 -1769 as Plexar lines. We consulted with the Police Department. These lines are tied into the dispatch center as an adjunct to the 9 -1 -1 emergency system. Do not change the configuration on these lines. #11. Reclassify 823 -5563 as a Plexar line. This is an automated alarm line. Do not change. #12. Eliminate the pay phone at Bi- Center for which we are being charged (825 -9439) We concur in the recommendation. We have just completed a review of pay phones and had terminated service on a number of them. This one slipped through the cracks. #13. Eliminate RNA's on attached list. Generally No. We have identified most of these as legitimate lines. However, there area few that are apparently disconnected and should not be on the billing: 826 -6567, 826 -7498, and 826 -7499. The Internet and Long Distance sections of this report apply to Saline County. Please refer to their response With respect to the report entitled "City of Salina Telecommunications Audit ". Internet #1. Move to alternate carrier with lower rates. We are currently in the middle of a 3 year contract, expiring in mid 2005. At that time we will evaluate the best course of action, and will likely award a subsequent contract based on competitive proposals. Long distance: #2. (ATT account) Move to alternate carrier or negotiate lower rates with the existing carrier. We concur. With respect to long distance carriers, we would prefer that all lines be placed on a single carrier, if possible. We would prefer to have a re- negotiated rate with Birch to switching carriers. #3. (Birch account 98277). Move to alternate carrier or lower rates with existing. We concur. This is apparently the toll free service for the BiCentennial Center. We would prefer a re- negotiated rate with the existing carrier. Pagers: #4 through #16. Cancel Pagers for non -usage No. These are all legitimate employees, and we do not wish to cancel pager usage for them. In general concurrence with the recommendations in the audit are conditioned upon the requirement that change in carrier, service provider or class of service does not result in a degradation of service quality. In short, if following the recommended course of action results in unacceptable service levels, then the City of Salina reserves the right to revert to the original provider or class of service with no penalty. Thank you for your assistance Sincerely, Rod Franz Director of Finance