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Home My WebLink AboutADVANCED AUTOMATED SYSTEMS, INC. 2-2010 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. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 1, 2011. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability Insurance will not be required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 ofthis Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightful possession ofthe Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Executive Director of Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, CA 92702 fax 714- 647-5414 To Consultant: Dave Sims Advanced Systems Group 538 Ponce Ave. Placentia, CA 92870 Fax 714-242-9215 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. 12. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws ofthe State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ofthe terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk ofthe Council City Manager APPROVED AS TO FORM: n /,I'm I771. i', 5/ OQ~~ 4JOSEPH TCHE ADVANCED SYSTEMS GROUP City Attorney RECOMMENDED FOR APPROVAL: (NAME) ,~Csl9t~ ~.Si~ _ (Title) FRANCISSCCO GUUTIERREZ- Executive Director - FMSA Commvault Technical Review Statement of Services Background The City of Santa Ana uses Commvault Simpana version 8.0 to protect approximately IOTB of data. Due to recent staff changes, the City is in need of a technical review of how the system is configured and is looking for recommendations to enhance performance, security, and reliability. Scope This engagement will include a review of the current Commvault Simpana data backup system and provide written recommendations on performance improvements, security improvements and will perform knowledge transfer to staff. This would include possible disk to disk solutions, tape encryption, data de-duplication and snapshots. The consultant must have expert knowledge of Commvault backup solutions, HP Storage Arrays, and VMWare. Obiectives The objectives of this engagement are to ensure that the City's data is secure against intentional and unintentional destruction or modification and that current staff have the knowledge and skills to perform their job functions. This should be accomplished using existing hardware and software where possible. Tasks • Performance Issues Identify and remediate performance issues within the current environment. This will include document imaging systems and large file repositories. • Tape Encryption Suggest and help implement an acceptable tape encryption solution using the existing tools (either Commvault or LT04 native encryption) which will provide an easily managed key store and ensure that data can be retrieved in the event of a disaster. • Virtual Infrastructure Review the City's VMWare infrastructure as it relates to backups and make recommendations for improvement. • HP EVA and iSCSI Storage Arrays Review the current process of backing up data on the storage arrays and make recommendations for improvement. • Future planning Design a roadmap to address future data growth. This should include proven technologies that will enable the City to meet the continuing data growth needs in an affordable, secure, and reliable fashion. • Knowledge Transfer Mentor City staff on the effective use of Commvault Simpana to protect the City's critical data and offer effective and timely restoral of this data. This will include best practices for reporting, verification of success/failure of jobs, tape rotation, etc. Delivery The vendor will provide an engineer onsite for four days to perform this service. A written report of all key findings and recommendations shall be delivered within two weeks after the onsite engagement. Compensation Engineering support for four days to a maximum compensation of $1800.00/day + travel. Total amount not to exceed $8,000.00. Place of performance All work will be performed at City facilities with the exception of the finalized report which can be completed offsite. Period of performance This work must be performed, at a mutually agreed upon time, within two months of the acceptance of the agreement. All work, including finalized report, to be completed before 1 June 2011. Technical Contact/City of Santa Ana Jim Lentz/Operations Lead for Network Support He ntz@sa nta-a na. orfC Phone: 714.647.6909 Client#: 114704 ADVANCEDSY ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYW) 12/03/201 O 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(tes) must 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 NAME: Neena Hagans Haylor Freyer & Coon, Inc. PHONE 303 465-0986 2655 West Midway Blvd_ aC No Ezt : ac, No : 303 410-9992 ADDRESS: nhagans@haylor.com Suite 215 N-2010-111 DDU ADVANCEDSY Broomfield, CO 80020 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIL # INSURED Virtual Enterprises In INSURER A: Great Northern Insurance Co. dbe: Advanced Systems Group, Inc. INSURER B :Federal Insurance Company INSURER C : Pacific Indemnity Co. 12405 r-i ran Thornton, CO 80241 INSURER D_ INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 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. TYPE OF INSURANCE POLICY NUMBER MM/DD/YEFF YYY MMJOD/YYYY LIMITS 1 =.1 LTR A GENERAL LIABILITY 35879596 10/14/2010 10/14/2011 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurranca $1 OOO 000 CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG 32,000,000 POLICY PRO LOC $ A AUTOMOBILE LIABILITY 73564325 10/14/2010 10/14/2011 COMBINED SINGLE LIMIT IX (Ea accident) $1 000 000 AY AUTO BODILY INJURY (Per person) $ ALL OWNED AVTOS BODILY INJURY $ SCHEDULED AUTOS HIRED AUTOS PODAMAGE NON-OWNED AUTOS $ B UMBRELLA LAB X OCCUR 79672701 10/1412010 10/14/2011 EACH OCCURRENCE $1 O 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION 10,000 $ C WORKERS COMPENSATION 71725194 1 0/14/201 O 10/14/2011 X WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY Y I N / N 1,000,000 OFFICER/MEMBER EXCLUDED? ~ N/A EL EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,DDD,OUD IT y s, dascrib. untlar DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 :000 :000 A Professional Liab 35879596 10/14/2010 10/14/2011 $5,000,000 $25,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remark. Schedule, if more space is required) The certificate holder is named as an Additional Insured with respect to General Liability, as required by written contract. CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Pa meet SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Information Services Division 20 Civic Center Plaza M-12 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 D ® 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S318446/M317803 NXH