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CONTRACT 6205 Vender Agreement CLOSEDAgreement No. 6205 s i met ra September 16, 2021 Alex Sanchez Information Systems Specialist City of El Segundo 350 Main Street El Segundo, CA 90245 RE: Case Tracker database upgrade E,,;fro-.::14 1. ;'202 to add 06360d.7g�u4i Dear Alex: Below you will find a proposal to upgrade the existing Microsoft Access Case Tracker Database from the old format (MDB/MDE) to the latest Office 365 format. This proposal details the steps needed to complete a successful upgrade based upon the existing system and environment. The existing Case Tracker database is in the old format - Access (MDB format) and is comprised of the front-end client interface (user screens) (ELPDApp.MDB) and the back -end datafile (ELPDData.MDB). The old format of Access also uses a security file (ELPSecured.MDW). This stores user names and passwords. This format is very old and can still be supported in the new version of Office but we highly recommend this be updated to a custom user security backend. This cost is included on Item L6. Tasks not detailed in this proposal would require a change order or supplementary proposal. Additional features can be developed and tested outside of the production system as not to disturb on -going database use. Item# TASK Hours Cost Ll Meetings/Phone calls 1 150 L2 _WWW Upgrade Front End to ACCDB 64-bit 3 450 L3 Upgrade Back -End to ACCDB to 64-bit 1 150 Test all functions and features in 64-bit Office and make any changes L4 necessary to obsolete code 8 1200 L5 Re -write batch file to point to new ACCDB/ACCDE released file 1 150 _L6 Update Security File to custom User management 12 1800 L7 Testing and Installation _ 3 _ 450 L8 Adjustments / Rework 4 600 TOTAL 33 $ 4,950 Microsoft Plartner ,. .. .,.. 147 Richmond Street El Segundo, CA 90245 Voice: (310) 640-6878 Fax: (310) 322-4001 www.simetra.com Agreement No. 6205 City of El Segundo MS Access Database UPRrade Project Com letion and Timeline This proposal is solely for tasks detailed above. It does not include costs for any hardware or other software. Upon contract award the project will take approximately 3 to 4 days to complete. An exact timeline can be developed at contract award. Contract award begins upon the signing of the attached authorization form. Development Work All Simetra representatives are Simetra employees. Simetra does not use third -party contractors. We prefer to work in a development environment to avoid issues disturbing production environment. Simetra has the capability to create this environment should one not exist. Warrantv It is agreed that Simetra will provide a 2-month warranty on all programming bug fixes. A bug is considered a form or report that will not run due to an error. An error is system -generated and is due to faulty code that causes the program to crash or produce an un-friendly error message. This should not be confused with messages specifically written for the program, such as a message notifying user of a required field or other required business logic. Code or data structure modifications made to the program by other than Simetra developers will deem the warranty obsolete. C a 2ge Orders Tasks not detailed in this proposal will require a change order or supplementary proposal. Any changes to programming logic, new features or enhancements to existing features are not included. All requests will be first approved in writing prior to any work being done, as not to cause confusion as to what is or is not under warranty. Ownership and Payment Source Code will not be delivered until final payment has been received. Simetra owns 100%of the code Simetra developers write until full payment has been received. City of El Segundo owns 100% of the code as long as payment is current. Simetra accepts company Checks, MasterCard, and Visa. Expiration This proposal is valid for 90 days. If not accepted after 90 days, the cost / estimate could change. If you have any questions regarding this proposal, please call meat (310) 640-6878 ext. 110. I lookforward to hearing from you. Best regards, T Cheryl Estrella Simetra Systems, Inc. (310) 640-6878 Ext. 110 c strellafnirrietna com Microsoft Partner 147 Richmond Street El Segundo, CA 90245 Voice: (310) 640-6878 Fax: (310) 322-4001 www.simetra.com Agreement No. 6205 City of El Segundo MS Access Database Upgrade ADDITIONAL TERMS FOR SIMETRA SYSTEMS INC. AGREEMENT 1. INDEMNIFICATION. SIMETRA SYSTEMS INC. agrees to the following: A. SIMETRA SYSTEMS INC. indemnifies and holds City of El Segundo ("City") harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from City's sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, SIMETRA SYSTEMS INC. will defend City (at City's request and with counsel satisfactory to City) and will indemnify City for anyjudgment rendered against it or any sums paid out in settlement or otherwise. B. Intellectual Property Infringement. Notwithstanding any provision to the contrary, SIMETRA SYSTEMS INC. will, at its own expense, indemnify and defend City against any claim that SIMETRA SYSTEMS INC.'s services or work product furnished under this Agreement infringes a patent or copyright in the United States or Puerto Rico. In such event, SIMETRA SYSTEMS INC. will pay all costs damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, City must (a) give SIMETRA SYSTEMS INC. prompt written notice of any such claim; and (b) allow SIMETRA SYSTEMS INC. to control, and fully cooperate with SIMETRA SYSTEMS INC. in the defense and all related settlement negotiations. City agrees that if the use of SIMETRA SYSTEMS INC.'s services or work product becomes, or SIMETRA SYSTEMS INC. believes is likely to become, the subject of such an intellectual property claim, City will permit SIMETRA SYSTEMS INC., at its option and expense, either to secure the right for City to continue using SIMETRA SYSTEMS INC.'s services and work product or to replace it with comparable services and work product. C. For purposes of this section "City" includes the City of El Segundo and its elected and appointed officials, officers, employees, and volunteers. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 2. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, SIMETRA SYSTEMS INC. will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability Professional Liability Workers compensation Microsoft Partner Limits $2,000,000 $1,000,000 Statutory requirement 147 Richmond Street El Segundo, CA 90245 Voice: (310) 640-6878 Fax: (310) 322-4001 www.simetra.com Agreement No. 6205 City of El Segundo MS Access Database Upgrade B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 1185 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," SIMETRA SYSTEMS INC. will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover SIMETRA SYSTEMS INC. for all claims made by City arising out of any errors or omissions of SIMETRA SYSTEMS INC., or its officers, employees or agents during the time this Agreement was in effect. D. Technology Errors and Omissions Liability Insurance will cover all third party claims arising out of any act, error, omission or breach of contract provision of SIMETRA SYSTEMS INC.'s technology services, including loss arising from destruction of data, in the amount set forth above per occurrence. E. Cyber Liability Insurance to cover all third party loss from hacking attack or virus emanating from or passed through SIMETRA SYSTEMS INC.'s computer system or a cloud provider's system into City's systems in the amount set forth above per occurrence. F. Privacy Liability Insurance to cover all security breach and notification cost resulting in actual or suspected loss of personal information or any other records considered confidential for the City's data located on service providers servers or on a cloud computing provider's system in the amount set forth above per occurrence. G. Each such liability policy shall name the City of El Segundo as an Additional Insured for such liability of the City, and each such first -party shall name the City as a Loss Payee. SIMETRA SYSTEMS INC. will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." H. Should SIMETRA SYSTEMS INC., for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at SIMETRA SYSTEMS INC.'s expense and deduct the cost of such insurance from payments due to SIMETRA SYSTEMS INC. under this Agreement or terminate. Microsoft Partner 147 Richmond Street El Segundo, CA 90245 Voice: (310) 640-6878 Fax: (310) 322-4001 www.simetra.com Agreement No. 6205 City of El Segundo MS Access Database Upgrade Authorization (Return via E-mail or Fax) Proposal Dated 09/16/2021 MS Access Database Upgrade A. PROJECT SCOPE: This project will encompass Simetra providing the following services at the previously agreed prices. Access Database Upgrade 33 hours Total Cost $4,950.00 B. PROJECT WARRANTY: It is agreed that Simetra will provide a 2-month bumper to bumper warranty on all programming bug fixes. Any changes to programming logic or new features/enhancements are not included. All requests will be first approved in writing prior to any work being done, as not to cause confusion as to what is or is not under warranty. Code or data structure modifications made to the program by other than Simetra developers will void warranty. C. AREAS OUTSIDE OF SIMETRA BILLING AND MAINTENANCE: A. Help Desk Phone Support - Business Hours M-F/8am — 5pm $150.00/hour D. ESTIMATED TIME OF COMPLETION: 3 to 4 days from signing of Authorization. Any tasks not contained in the proposal will require a change order and may increase the time required to complete the project. E. PAYMENT PLAN: Simetra accepts company Checks, MasterCard, and Visa. 1. Full payment due upon installation. Authorization by City of El Segundo Print Name: Signature: Director, Information Technology Accepted by Simetra Systems, Inc. Cheryl Estrella Simetra Systems Inc. Date:w� Signature: Date: 09/16/2021 Microsoft 1:3artner 147 Richmond Street El Segundo, CA 90245 Voice: (310) 640-6878 Fax: (310) 322-4001 www.simetra.com Agreement No. 6205 Accepted By Accepted Date City of El Segundo Review/Approval: 12/7/21 Reviewed/I Approved as to Form Date Joaquin V zquez, Assistant City Attorney Reviewed/Approved Hank Lu, Risk Manager 12-7-21 Date Attest Date Tracy Weaver, City Clerk