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HomeMy WebLinkAboutR-2001-119 Sigma Data Systems Software License AgreementRESOLUTION NO. R-2001— 119 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Software License Agreement with Sigma Data Systems for an Applicant Management System. WHEREAS, the City of Yakima requires an Applicant Management computer software system to assist the Human Resources Division and the Civil Service Chief Examiner in the support of the applicant tracking and processing operations of recruitment, screening, examination, selection register maintenance, certification of eligibles, statistical analysis, test development, affirmative actions and workload reporting ; and WHEREAS, Sigma Data Systems Incorporated has developed and markets computer software systems called SIGMA IV and SIGMA 5 that provide such applicant management functions; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the proposed and attached Software License Agreement with Sigma Data Systems Incorporated to license the Sigma Applicant Management System; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Software License Agreement with Sigma Data Systems Incorporated for Sigma Applicant Management System. ADOPTED BY THE CITY COUNCIL this / day of August, 2001. ATTEST: CITY CLERK Y PLACE, MAYOR SIGMA SOFTWARE LICENSE AGREEMENT © Copyright 1981 - 2001 Sigma Data Systems, Inc. 1. RECITALS A. PARTIES. CITY OF YAKIMA, hereinafter referred to as Licensee, and SIGMA DATA SYSTEMS INCORPORATED, hereinafter referred to as Licensor, do hereby enter into the following agreement. Licensor is the vendor of computer software systems called SIGMA IV and SIGMA 5, hereinafter referred to as SIGMA, and wishes to license them to Licensee on the terms and conditions provided in this agreement. Licensee wishes to obtain a license to use SIGMA from Licensor on the terms and conditions provided in this agreement. B. EFFECTIVE DATE. This agreement shall become effective after all parties have signed it. The effective date shall be the date signed below by Licensor or Licensee, whichever is last. C. SIGMA. SIGMA is an automated applicant management system. It is designed to support the routine applicant tracking and processing operations of recruitment, screening, examination, selection, register maintenance, certification of eligibles, statistical analysis, test development, affirmative action, and workload reporting. The SIGMA IV system is a text based 16-bit MS-DOS application, and the SIGMA 5 system is a graphical 32-bit MS -Windows® application. SIGMA is licensed and configured as any combination of one or both of two main modules plus any or all of four options. One or two of the options may also be licensed without either main module. The two main SIGMA modules are the SIGMA IV Applicant Management System (AMS) and the SIGMA 5 Test Management System (TMS); the four options are Extended Features, Examination Processing, Statistics, and Factor Evaluation. The components which are actually licensed herein, are those for which license fees are itemized in Section 4.0 below. In the event that Licensee has not licensed all modules and options at this time, Licensee may request amendment of this license in the future in order to license additional components based on the pricing and terms and conditions being offered by Licensor at that time. 2. SPECIFICATIONS The features, functions, operating system and hardware requirements, and capacities of each SIGMA component are explained in the Administrator's Manual and the appropriate users' manual for AMS or TMS. These manuals also contain complete instructions on the operation of these programs and give the latest specifications for the required computer hardware and operating systems software. These manuals shall be considered to be incorporated into this agreement by reference. TMS requires that Licensee have a Microsoft® Word 2000 or XP license for each workstation that will be using TMS. This license is not included with SIGMA. The SIGMA software license does NOT include any of the required hardware, nor operating system software, nor the hardware and software needed for daily data backup, nor that required for protection from power interruption. Page 1 3. AGREEMENTS In consideration of the recitals and covenants contained in this agreement, the parties agree as follows: A. COVERAGE. The terms and conditions specified in this license agreement shall apply to all licensed SIGMA components and to any custom SIGMA related programs licensed herein or provided at a later date through upgrade releases or amendments to this license. This agreement sets forth the entire understanding between Licensor and Licensee and may be amended only in writing. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS AGREEMENT. B. GRANT AND LIMITATIONS. Licensor hereby grants to Licensee, and Licensee accepts from Licensor, a nonexclusive, nontransferable and revocable license to use SIGMA on no more than the number of workstations specified in Section 4C below. This number of users limitation refers to the total number of different workstations upon which Licensee may, at any given moment, operate any or all of the SIGMA programs and its options, except the Test Administration Program (TAP). A "workstation" means either a stand-alone single -user computer or a node or terminal on a multi-user system or network of computers. Licensee may NOT use SIGMA and all of its ancillary or optional programs in such a way that more than the total number of users licensed are running any of the SIGMA programs simultaneously, whether at the same place or at different locations. The TAP provided with the TMS module may be used on no more than twenty-five (25) personal computers located in the same examination room, at any one time. These twenty-five (25) computers are in addition to the number of workstations specified in Section 4C below. This grant authorizes the use by Licensee of only those modules specifically paid for, as itemized in Section 4, below. Licensee agrees to use the SIGMA software ONLY for its own internal business purposes and not to use it in providing data processing related services to any other party or organization except that Licensor agrees that Licensee may share reports and data with the Cities of Selah and Union Gap as necessary to fulfill Licensee's management and support responsibilities to those cities, without the need for additional Licenses or Licensed Users, and without payment of additional license fees. C. LICENSED CONFIGURATION. This entitles the Licensee to install and use one SIGMA system so that no more than one APPLICANT MANAGEMENT and/or one TMS database is used. The Licensee is entitled to use SIGMA and any licensed optional modules specified in Section 4C below so that no more than the total number of users licensed below are using any of the SIGMA programs simultaneously. The operation of any of the off-line programs, or any other optional or custom programs, except TAP, that may have been provided to work with SIGMA related files are also considered part of the SIGMA system, and their users are counted as workstations against the total number of simultaneous users licensed. D. TERM. The SIGMA software license agreement shall remain in force in perpetuity. Licensor may at its sole option terminate this agreement at any time, without any refund of fees paid, if Licensee fails to comply with any of the terms and conditions of this agreement. Licensee agrees upon termination to return to Licensor all original SIGMA program distribution diskettes and manuals, and to erase all SIGMA programs from all hard drives, backup floppy diskettes, backup tapes, and any other storage media. Page 2 E. ASSIGNMENT AND SUBLICENSING. Licensee agrees that it will not assign or sub- license any of its interest in this agreement, and that any attempt to do so shall be void and shall constitute a breach of this agreement. If Licensor assigns its interest in this agreement, then Licensor shall notify Licensee. F. PROPRIETARY NATURE AND CONFIDENTIALITY. Licensee acknowledges and agrees that the SIGMA SOFTWARE INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE, AND ORGANIZATION, IS A PROPRIETARY PRODUCT OF SIGMA DATA SYSTEMS, INC, AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THE PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM, SHALL AT ALL TIMES REMAIN WITH SIGMA DATA SYSTEMS, INC. All documentation pertaining to SIGMA along with any future enhancements and revisions to them, whether created or documented by Licensor or Licensee and whether or not copyrighted or copyrightable, constitute trade secrets and proprietary information of Licensor, and are valuable and unique assets of Licensor's business, and are revealed to Licensee in confidence, and shall remain the sole and exclusive property of Licensor, and are licensed and loaned to Licensee for use only under the terms of this agreement. Licensee agrees not to remove, alter, obscure or render in any manner unreadable all of Licensor's trademarks, trade names, logos, copyright designations, serial numbers, or other appropriate designations, which may appear on any SIGMA programs or other SIGMA material. Any tangible media upon which SIGMA programs or other SIGMA materials are delivered to Licensee are loaned to Licensee and shall remain the property of the Licensor. Licensee warrants that neither it nor any of Licensee's employees or agents, who will have direct or indirect access to any of the SIGMA software or related documentation develop, sell, or represent competitive software systems or otherwise have a conflict of interest with Licensor; Licensee agrees to take all reasonable actions to prohibit future access to any part of the SIGMA system to such persons. Licensee agrees not to allow any of its employees who may have any conflict of interest with Licensor, or have a financial interest in any competitor of Licensor, or are in any way involved in any competing software development activities, to use or see the SIGMA programs and manuals except the Test Administration Program, without the express written approval of Licensor. Licensee agrees not to allow any person who is not an employee of Licensee to view, or have access to, any SIGMA software or documentation except the Test Administration Program, without the express written permission of Licensor. Licensor shall have the right to withhold this permission and/or to make it contingent upon the signing of a CONFIDENTIAL NON-DISCLOSURE AGREEMENT. Licensee agrees to inform anyone whom it allows to have access to SIGMA programs or documentation of these provisions. G. COPIES. Licensee agrees not to attempt to list, disassemble, "reverse compile", or in any other way attempt to recover or decipher the SIGMA system program source code or to allow any other party to do so. Licensee agrees not to make any copies of any portion of SIGMA, except to make backup copies of the SIGMA software for internal archival purposes to be used in case of damage to the original. Licensee agrees to keep such copies locked in a secure place. Licensee agrees to affix the following notice to all copies Licensee makes: "Copyright 1981-2001 Sigma Data Systems, Inc.". Licensee may make photocopies of the SIGMA user's manuals only for its internal use by its own employees who are SIGMA users or SIGMA administrators. Upon creation, such photocopies shall become the property of Licensor, and shall immediately become part of the licensed materials. Licensee agrees that it will take all reasonable steps to prohibit and prevent its employees and others from making unauthorized copies of the SIGMA software and documentation. Licensee agrees to inform all persons having access to SIGMA that it is a violation of federal copyright and other laws and of this agreement to make unauthorized copies of SIGMA software and documentation in any form. Page 3 H. MODIFICATIONS. Licensee agrees that neither it nor any of its employees, agents or representatives will modify or attempt to modify the SIGMA programs or manuals or data files' structures, without the express written consent of Licensor. I. INSTALLATION, TRAINING AND SUPPORT. Licensor agrees to deliver SIGMA by October 30, 2001, barring any unforeseen circumstances which prevent such delivery. The actual date of installation shall be decided by mutual consent of the parties. Licensor shall provide technical assistance for system installation and SIGMA training. The amount of time spent on site, if any, shall be as specified in Section 4C below. If the installation is delayed due to defects in, or non-availability of, Licensee's hardware, operating system software, or other reasons beyond the control of Licensor, then Licensee shall pay any actual living and travel costs associated with the delay plus $800.00 per day for each day or part thereof that Licensor's representative is delayed on site while performing the installation and/or training. In addition, Licensor shall provide, at no charge, ongoing support for ninety (90) days following installation to Licensee via telephone or written consultation as requested by Licensee. Telephone consultation shall be requested during Licensor's normal business hours. Licensor agrees to respond to a call for technical support within one business day. If optional Extended Technical Support is included in this agreement, it will commence immediately upon termination of the ninety (90) days of ongoing support. Licensor may offer Licensee the option to renew it annually thereafter, at the then advertised prices. The Extended Technical Support includes unlimited telephone support during Licensor's normal business hours of 7:30 AM to 4:30 PM MST Monday through Friday, free upgrades to any licensed SIGMA IV components released during the period, complimentary subscription to the SIGMA NEWSLETTER, discounts on new SIGMA software purchases, and discounts on specialized on-site SIGMA training. J. ENHANCEMENTS. Licensor shall provide Licensee free updates of any enhancements or revisions to licensed SIGMA modules released during the warranty and support periods specified in Sections 3K and 4D below. Following the warranty or support period, Licensor may make any enhancements or revisions of SIGMA available to Licensee at additional cost. Sections 3A through 3H above shall apply to any future SIGMA revisions or enhancements which Licensee accepts (whether purchased by Licensee or provided for free by Licensor). Upon acceptance of any new SIGMA software, Licensee shall return, physically destroy or electronically erase media containing old copies of SIGMA, if so instructed by Licensor. Licensor and Licensee agree that Licensee may also be interested in the purchase of the SIGMA 5 Applicant Management System Professional Edition (AMS PE), the 32-bit GUI system with functionality similar to the SIGMA IV Applicant Management System (SIGMA IV AMS) licensed herein, and that AMS PE is currently under development, and that AMS PE is a new product and not an enhancement or update to SIGMA IV AMS. Licensor agrees to credit 100% of the license costs detailed in section 4C of this agreement towards the licensing cost of AMS PE, and further agrees that the total additional amount paid by Licensee for AMS PE will not exceed $12,420.00 including installation, training and one year of technical support, if Licensee notifies Licensor of its intention to license AMS PE by a written purchase order within eighteen (18) months of written notice to Licensee of that product's release. All other terms and conditions of this Agreement shall remain in force and shall apply to SIGMA 5 AMS PE. Licensor further agrees that it will continue to support and maintain the SIGMA IV AMS for at least two (2) years following the production release of AMS PE. Licensor estimates that AMS PE will be ready for production release by June 30, 2002. Licensee recognizes that said estimated release date is a projection only, and is not binding on Licensor in any way. Page 4 K. LIMITED WARRANTY. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE PROGRAM IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor warrants that SIGMA does not infringe upon the intellectual property rights of any other party. Licensor shall and does hereby agree to indemnify and hold harmless Licensee from liability against any claim, demand, loss, or action alleging that SIGMA and any upgrades, enhancements or revisions by Licensor, and any documentation or manuals related thereto, infringe any third -party rights respecting copyright, trade secret, patent or intellectual property. Licensor further warrants that SIGMA will conform to all substantial operational features and specifications in the current user's manuals, and will operate in accordance with the most recently issued user documentation. This WARRANTY shall be void if SIGMA is not operated in substantial accordance with the USERS and ADMINISTRATOR'S manuals or other supplied documentation. Licensor also warrants that SIGMA software is able to accept and process dates through the year 2500. Licensee must notify Licensor in writing, within ninety (90) days of installation, of its claim of any defect, describing it in sufficient detail so that Licensor can replicate the condition which Licensee considers to be a defect. If SIGMA is found defective by Licensor, Licensor's sole obligation under this warranty is to promptly remedy such defect in a manner consistent with Licensor's regular business practices. L. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF LICENSEE'S USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Licensor does not guarantee that the operation of the program will be uninterrupted, nor that it will meet the Licensee's needs, nor that it will be free of risk to the Licensor's data and operations, nor be trouble free or error free. Because software is inherently complex and may not be completely free of error, Licensee is advised to verify all results and to make daily backup copies. Licensee assumes all responsibility for system security and restriction of access to SIGMA data files by unauthorized users. Licensor does not guarantee that SIGMA' s login security and encryption systems cannot be breached. Licensee agrees that Licensor shall not be responsible for any loss of data or time due to Licensee's failure to provide backup capabilities or to perform a successful daily backup. Licensee agrees that Licensor shall not be responsible for any loss of data for any reason, including loss of power, failure of any of Licensee's hardware, and failure of any networking systems. Licensee assumes full responsibility to determine if the consequences of using any given SIGMA feature in any given way in any given situation is appropriate for Licensee's intended results and is in compliance with its own methods, policies, procedures, and legal mandates. With regard to the actions to be taken in connection with this agreement and with the use of SIGMA, each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Except for Licensor's warranty and indemnification against infringement of intellectual property rights as stated in paragraph 3K above, Licensee agrees that Licensor's liability arising out of contract, negligence, strict liability in tort, or warranty shall not exceed the total amount payable by Licensee as specified in Section 4 below. Except for Licensor's warranty and indemnification against infringement of intellectual property rights as stated in paragraph 3K above, to the maximum extent provided by applicable law, the entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of the defective software or documentation. Page 5 M. BREACH OF AGREEMENT. In the event of an actual or threatened breach by either party of the provisions of this agreement, either party shall be entitled to injunctive relief restraining the other party from the breach or threatened breach. Nothing herein shall be construed as prohibiting either party from pursuing any other remedies available for such breach or threatened breach, including the recovery of damages. The provisions of this agreement shall survive the expiration or termination of any agreement or relationship between the parties for any reason, and shall be enforceable notwithstanding the existence of any claim or cause of action of Licensee against the other party predicated on any contract or other basis whatsoever. In the event it is necessary to employ an attorney to enforce this agreement, commence arbitration, file suit, or collect monies due, the prevailing party shall be entitled to reasonable attorney's fees and costs. N. DISPUTES. If a dispute arises out of or relates to this agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. However, nothing herein shall prevent either party from taking appropriate legal action to enforce this agreement or recover damages in the event of an alleged breach. O. CHOICE OF LAW. This agreement shall be governed by the laws of the State of WASHINGTON. 4. CONSIDERATION. A. LICENSE FEES. Licensee agrees to pay Licensor the total of the amounts specified in Section 4.E below. Unless otherwise agreed to by the parties, all amounts listed below are due and payable within thirty (30) days of delivery and completion of any installation and training services; Licensor agrees to invoice Licensee following installation. Failure of Licensee to give written notice detailing the reasons for any claim that Licensor has failed to deliver in accordance with this agreement, shall be automatically deemed as acknowledgment that the installation and training was completed and that the invoice is therefore payable. Licensee agrees to pay, upon demand of Licensor, one -and -one-half percent (1.5%) per month interest on any payable amounts not received within thirty (30) days of receipt of invoice from Licensor. B. TAXES AND REGISTRATION FEES. Licensee shall, in addition to the other amounts payable under this agreement, pay any state, county, city imposed license, registration, or franchise fees imposed upon licensor, sales and other taxes, federal, state or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this agreement. It is understood by both parties that the above does not include federal, state, or local taxes on Licensor's income from this transaction. Without limiting the foregoing, Licensee shall promptly pay an amount equal to any such items actually paid, or required to be collected or paid by Licensor. C. AMOUNTS PAYABLE BY LICENSEE FOR SIGMA SOFTWARE LICENSE. HEM PRICE SIGMA IV AMS Base Module (Includes One [1] Licensed User): $ 7,300.00 Three (3) Additional Users Licensed @ $1,050.00 each: 3,150.00 Factor Evaluation Option 2,800.00 Extended Features Option: 3,120.00 Exam Processing Option: 3,120.00 Statistics Option: 3,120.00 Total SIGMA IV Software Cost: 22,610.00 Page 6 The above prices include on site installation and training. The number of days on site for installation and training services is: Four and one-half (4-1/2). Subject to the "not to exceed" amount set forth below, Licensee shall reimburse all travel expenses for Licensor's employees while at Licensee's site including but not limited to per diem and actual round trip coach air fare, hotel, and ground transportation. Per diem expenses (hotel and meals) shall not exceed $150.00 per day per employee. D. AMOUNTS PAYABLE FOR EXTENDED TECHNICAL SUPPORT. PRICE Fee for 12 months of extended technical support: $ 2,410.00 E. TOTAL AMOUNTS PAYABLE FOR SECTIONS 4C AND 4D Total Software Cost: Extended Technical Support: Estimated Travel Expenses (Not To Exceed): PRICE $22,610.00 2,410.00 3,000.00 TOTAL ESTIMATED COST: $28,020.00 5. CONSTRUCTION OF LANGUAGE. All words in this agreement refer to whatever number and gender the context requires. Headings are for reference purposes and do not control interpretation. 6. SEVERABILITY If any provision of this agreement is deemed to be invalid or inoperative for any reason, that provision shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed, and the remainder of this agreement shall continue in full force as if signed with the invalid portion so modified or eliminated. 7. WAIVER Neither party's waiver of a breach or default by the other, nor delay or failure to exercise any right upon breach or default, shall impair rights for other breaches or defaults of the same or a different kind. The description of any breach or default in any notice shall not preclude the later assertion of other additional defaults or breaches. 8. NOTICES Notices sent by mail shall be considered given on the third business day after mailing or upon actual receipt, whichever is earlier. All notices, requests, demands, and reports to be given under this agreement are to be in writing, delivered by hand, telegram, or certified or registered mail to the following address (which may be changed by written notice): Page 7 LICENSOR: SIGMA DATA SYSTEMS INCORPORATED 6367 E. Tanque Verde, Suite 110 Tucson, Arizona 85715 LICENSEE: City of Yakima In Care Of: Mr. Richard A. Zais Jr. Department: City Manager Street Address: 129 N. Second Street City, State, Zip: Yakima, WA 98901 9. AUTHORIZED SIGNATURES Licensor warrants that it is duly authorized to enter into this agreement, and that the person signing this agreement on behalf of Licensor has proper authority to sign this agreement and to bind Licensor. President For SIGMA DATA SYSTEMS INCORPORATED Title Date Licensee warrants that it is duly authorized to enter into this agreement, and that the persons signing this agreement on behalf of Licensee have proper authority to sign this agreement and to bind Licensee. By:\.\ Richard A. Zais Jr., City anager Title: City Manager Date: 4 -Pa /C% a OO / City Contract No. 2001-82 Resolution No. R-2001-119 ATTEST: `7 'e Karen Roberts, City Clerk Page 8 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 3 For Meeting Of V- 1- 01 ITEM TITLE: A Resolution Authorizing Execution of Software License Agreement for an Applicant Management System SUBMITTED BY: Glenn Rice, Assistant City Manager Rita Anson, Finance Director CONTACT PERSON/TELEPHONE: Rick Pettyjohn, Information Systems Mgr (509) 575-6098 Carol Bates, Civil Service Chief Examiner (509) 576-6619 SUMMARY EXPLANATION: The Human Resources Division and the Civil Service Chief Examiner have large a workload supporting the applicant recruitment and tracking process for all City Departments. This process includes recruitment, screening, test development, examination, selection, register maintenance and certification of eligibles. In addition, there are significant reporting requirements. The City Council recognized this workload and appropriated funds in the 2000 Information Systems budget to acquire a computer software system to assist with this applicant management process. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Mr. Troy Wintersteen, Sigma Data Systems, Inc., 6367 E. Tanque Verde, Suite 110, Tucson, AZ 85715 Phone: (800) 677-1275 Funding Source General Fund �\ APPROVED FOR SUBMITTAL: itY Manager er STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-119 The Human Resources and the Information Systems Divisions followed a Request for Proposal (RFP) process to locate a system that met the City's requirements. That process was not successful. During a subsequent search, we located the Sigma Applicant Management System (AMS) developed and marketed by Sigma Data Systems Inc. Through an on-site demonstration and reference calls, we determined the Sigma AMS met the City's requirements and negotiated the attached agreement with Sigma Data Systems Inc. Through this agreement, the City acquires a four -user license to utilize the Sigma IV AMS and the Factor Evaluation, Extended Features, Exam Processing, and Statistics options. Total cost, including implementation and on-site training is $28,020. Sigma Data Systems is currently marketing the Sigma IV AMS. They are also developing nPw Sigma S AMS Professional Edition system, The attached agreement allows the City to upgrade to the new system when it is released. Sigma will give the City 100% credit for the Sigma IV AMS resulting in a $12,000 upgrade fee if the City chooses to take advantage of the upgrade opportunity.