ADVANCED AUTOMATED SYSTEMS, INC. 2-2010

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INSURANCE ON FILE WORK MAY PROCEED N-2090-999 UNTIL INSURANCE EXPIRES WC /o CLERK OF COUNCIL DATE: DEC 2010 DATA STORAGE SYSTEM C) ,r FM S C I-) TECHNICAL REVIEW SERVICES AGREEMENT ~Jh}e. SfVCS. Tam G~n~Hn Lyr,d, KQ11Y THIS AGREEMENT, made and entered into this day of December, 2010 by and between Advanced Systems Group, a California corporation (hereinafter "Consultant"), and the City of Santa Ana (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Commvault Simpana data storage systems, to review the configuration ofthe City's system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall review the City's Commvault Simpana data backup system and provide recommendations to enhance performance and security, and provide education and/or advice to City staff regarding the use of the system, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $8,000 during the term of this Agreement.