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HomeMy WebLinkAboutStaff Report 386-07City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: 9 ADMINISTRATIVE SERVICES DATE:OCTOBER 29, 2007 CMR: 386:07 SUBJECT:APPROVAL OF A SOFTWARE SYSTEM INTEGRATION SERVICES CONTRACT WITH AXON SOLUTIONS, INC. IN THE AMOUNT OF $6,292,073 FOR THE SAP SOFTWARE UPGRADE AND IMPLEMENTATION OF SAP INDUSTRY-SPECIFIC SOLUTION FOR UTILITIES AND ADOPTION OF A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $4,000,000 TO INCREASE APPROPRIATION TO CAPITAL IMPROVEMENT PROJECT TE-07006, SAP CONTINUOUS IMPROVEMENT PROJECT RECOMMENDATION Staff recommends that the Counci!: Approve and authorize the City Manager to execute the attached professional services agreement (Attachment A) with Axon for a total of $6,292,073. o Approve and authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Axon for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $629,2O7. °Adopt the attached Budget Amendment Ordinance (BAO) in the amount of $4,000,000 that amends the 2007-08 budget to increase Capital Improvement Program TE-07006 SAP Continuous Improvement Project. BACKGROUND On July 23, 2007 (See attached CMR 313:07), the Council approved contract changes with SAP for items which included licensing, maintenance, and training. These items were approved in preparation for the upgrade to SAP and implementation of SAP’s industry-specific solution for utilities (IS-U). This system will replace the existing Utilities Department’s Customer Information System (CIS) which is used to generate revenue through billing, as well as collect customer data on commodity consumption, and to develop rates for the following utilities in the City: electric, gas, water, waste water, refuse, storm drain, and fiber. This data is also used extensively in mandated reporting to various official agencies. Approximately 360,000 utility CMR:386:07 Page 1 of 5 bills are generated armually and invoicing an estimated $198,500,000. Therefore, this system is an integral part of the operations of the City. The CIS climate is such that the current version is no longer supported by the software vendor. Being on an unsupported version has increased normal maintenance costs and caused a drastic increase in processing and turnaround times for vendor service requests. Turnaround times for common services request such as defect corrections or basic enhancements have more than doubled from thirty days to sixty - ninety days. The increased turnaround time creates a challenge for staff by preventing the ability to quickly and effectively respond to business needs. Similarly, end-user database queries and nightly batch processes (i.e. bill printing) run time have more than doubled since go-live. For example, for staff to query a typical residential account requires fifteen seconds and fifteen to forty five seconds for a typical commercial account. To improve response time, the CIS requires an archive purge solution to properly remove historic information from the database and to securely place the information in an easily accessible environment. With the objective to remain efficient yet effective in a growing customer-centric environment, the CIS business requirements have increased, requiring a move to the next generation of CIS. DISCUSSION Project Description This project will include the upgrade of the existing SAP software system that was installed five years ago. The current version of the SAP system is not on the regular support plan as a result of newer versions being made available. The maintenance costs will increase as a result of receiving non-compliant maintenance support, a typical process in the software industry. In addition, the upgrade will offer the ability to implement enhancements and efficiencies to the system such as improving budgeting; reducing duplicate entry through modules such as Employee Self Service (ESS); automating personnel action forms; enhancing workflows for approval processes such as timecards; and eliminating highly used paper forms with the implementation of Adobe Interactive Online Forms. In addition, the implementation of ESS will fulfill the City Auditor’s recommendation to implement a self-service software tool. The upgrade also lays the foundation for future portal development and constituent outreach, providing community members an ability to submit on-line work orders for items such as tree trimming, pot holes, etc. This upgrade is also essential in order to implement the new Utilities Module in SAP. The implementation of the SAP Utilities Module represents over 70% of the cost of this project. The existing Utilities CIS system is a complex and rapidly deteriorating system that was last updated seven years ago for approximately $557,620 (CMR 316:01). In addition, the annual maintenance for the legacy CIS system is $160,000. The new Utilities Module will be fully integrated with the SAP system with a single database platform and tools. It is a billing system that maintains and tracks meters inventories, initiates and processes customer service requests, automatically generates customer correspondence (reminder notices), tracks and records all financial related charge, adjustment, and payments passes, as well as, stores customer account specific information required to run the Utilities business. While a major part of this system is used for billing, it will consolidate data currently stored in multiple systems into one system and CMR:386:07 Page 2 of 5 convert this data to useful information that will benefit the City while improving service to residents and businesses of Palo Alto. This improved service will be achieved with functionality such as enabling customers to access their utilities account through secured, on-line access with functions such as on-line bill payments and usage history. The addition of the Utilities Module represents the first major improvement in Utilities CIS in seven years, during which time significant changes in technology and reporting requirements have occurred. Given the complexity of a multi-utility billing system, staff is also requesting an additional $629,207 to address potential core project scope adjustments. Selection Process: Proposal Description/Number Proposed Length of Project Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Company Attendees proposal Meeting Number of Proposals Received: Company Name SAP Upgrade Services/121737 16 Months 35 37 May 10, 2007 8at Pre- 3 Location (City, State) Selected for oral inte~iew? Ariston Consulting & Technologies, Inc.San Diego, CA Yes Axon Solutions, Inc Jersey City, NJ Yes ea Consulting, Inc Folsom, CA No Range of Proposal Amounts Submitted 4,000,000 - 6,500,000 An evaluation committee consisting of ten staff from Administrative Services, Utilities, and Public Works departments reviewed the proposals. Three vendors responded to the RFP. The committee carefully rated and ranked each firm’s submittal in response to the RFP relative to the following criteria: Vendor Experience ¯Experience upgrading to ERP 2005 ¯Experience Implementing IS-U Software ¯Experience Implementing in Public Sector ¯Live Public Sector Sites: References FUNCTIONAL REQUIREMENTS ¯Understanding of Scope ¯Understanding of Requirements ¯Comprehensive Methodology/Roll-Out Strategy Presented CMR:~86.07 Page 3 of 5 Non-Core Solutions ¯Non-Core Solutions such as Constituent Relationship Management, Management, Archiving, etc. Completeness and Quality of Proposal ¯Conformance to Contract Requirements/Business Terms in RFP Document Cost Proposal Based on staff’s prior experience, a heavy emphasis was placed on vendor experience with public sector implementations, upgrading to ERP 2005, and especially implementing IS-U. Two firms were invited to participate in oral interviews June 25, 2007 through June 28, 2007, thus providing further valuable information toward the decision-making process. Axon Solutions, Inc. has been selected as the vendor whom staff recommends be awarded a contract with the City. Axon is an international company with subsidiaries in the United States. Axon has over 1,500 consultants that are certified in the SAP implementation methodology and are trained to understand the intricacies of the software. Due to Axon’s depth in consultants, there is no need for subcontracting, therefore eliminating staffing challenges. In addition, of the firms bidding, Axon has the most experience in public sector IS-U implementations and is the only firm to have successfully performed similar scope of services for other municipalities. Axon will perform the upgrade and IS-U implementation within 16 months for a total cost of $6,292,073 as described in Attachment A. TIMELINE Phase 1 of the project will include the technical upgrade and modules such as ESS and MSS. Phase 1 is expected to commence in November with a target go-live of May 2008. Phase 2 is expected to commence April 2008 with a target go-live of February 2009. RESOURCE IMPACT The attached BAO requests an additional appropriation in the amount of $1,250,000 and that $2,750,000 budgeted in out years be brought forward to the current fiscal year totaling $4,000,000 for CIP TE-07006, SAP Continuous Improvement Project. The additional appropriation will be funded by a transfer of budget from CIP TE-02014 of $788,960 and TE- 05001 of $149,127; the remaining balance of $3,061,913 to be provided by the Technology Fund reserve. The Technology Fund reserve will be reimbursed by the Enterprise Funds in fiscal years 2008-09 through 2009-10. The 2007-12 CIP Plan has a total estimated cost of the project at $5,750,000. It had been five years since staff last issued an RFP for implementation services and the estimates made during the 2007-09 budget process were not in line with the current market rates submitted by proposers. To perform all the tasks required for the Utilities Module, an additional $1,250,000 will be needed for capital project (CIP TE-07006) to bring the total current estimated cost to $7,000,000. There are sufficient funds in the Technology Fund to provide for the additional cost. CMR:386:07 Page 4 of 5 The fiscal year 2007-08 budget is amended to bring all project costs to this fiscal year in line with the award of the consultant contract, including change order contingencies. POLICY IMPLICATIONS Approval of this contract is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project under CEQA. PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: LALO PEREZ Assistant Director,~_dministrative Services CARL YEATS Servic( ~Y HARRISON Assistant City Manager ATTACHMENTS Attachment A: Contract with Axon Attachment B: CMR 313:07 Attachment C: Budget Amendment Ordinance Attachrnent D: CIP Page CMR:386:07 Page 5 of 5 ATTACHMENT A Contract No. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND AXON SOLUTIONS, INC. FOR SOFTWARE SYSTEM INTEGRATION SERVICES [SAP SOFTWARE SYSTEM UPGRADE] Dated as of October 29, 2007 071029jb 0072949 Section Description TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Tel-ill Statements of Work Pricing Summary and Payment Schedules SAP Software Improvements Installation, Testing and Acceptance SAP Software System Warranty Indemnity Insurance Assignment Waiver Conflict of Interest Event of Default; Remedies for Default Nondiscrimination Force Maj eure Confidentiality Notices Audits, Inspection of Records Independent Contractor Covenants Not to Hire Dispute Resolution Miscellaneous Page 2 3 6 7 8 10 10 11 11 11 12 13 13 13 14 14 15 15 16 !7 071029jb 0072949 Exhibit "A" SAP Upgrade & Implementation: Statement of Work Exhibit "A-1" Final System Acceptance Criteria - Up~ade Exhibit "A-2" Interfaces Exhibit "B" SAP IS-U/CCS Implementation: Statement of Work Exhibit "B-I" Final System Acceptance Criteria- CCS Exhibit "B-2" Interfaces Exhibit "B-3" Enhancements Exhibit "C" Pricing Summary Exhibit "C-l" Upgrade Payment Schedule Exhibit "C-2" ESS/MSS Payment Schedule Exhibit "C-3" CCS Payment Schedule Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Insurance Requirements Certification of Nondiscrimination Special Terms Development Objects Change Control Process 071029jb 0072949 Contract No. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND AXON SOLUTIONS, INC. FOR SOFTWARE SYSTEM INTEGRATION SERVICES [SAP SOFTWARE SYSTEM UPGRADE] This SOFTWARE SYSTEM INTEGRATION SERVICES AGREEMENT [SAP SOFTWARE SYSTEM UPGRADE] (the "Agreement"), dated, for convenience, October__, 2007 (the "Effective Date"), is entered into by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the "City"), 250 Hamilton Avenue, Palo Alto, CA 9430 t-2531, and AXON SOLUTIONS, INC., a Delaware corporation ("Axon"), 15 Exchange Place, Suite 730, Jersey City, NJ 07302-3912 (individually, a "Party" and, collectively, the "Parties"), in reference to the fol!owing facts and circumstances: RECITALS: 1.In 2007, by the City ofPalo Alto’s RFP #121737 SAP Upgrade Services (the "RFP"), the City solicited the software system integration services (the "Services"), more fully described in the Upgrade and CCS Statements of Work (individually, "Upgrade SOW" and "CCS SOW" and, collectively, the "SOWs"), of a SAP HP/UX 1 li operating system professional and a certified partner of SAP to, during a two-phase process spanning FY 2007-08 through FY 2009-10, perform upgrades to the City’s SAP ERP R/3 v.4.6c software system (the "SAP Software" or "SAP 4.6c" for purposes of Exhibits "A" and "B"), which the City has maintained since 2003) and add a number of configurations and enhancements thereto (the "Software Improvements"). The performance of the Services will include any and all actions that the Parties, individually and jointly, must take to achieve the RFP’s goals and objectives (the "Project") of updating and acquiring the most current SAP software system (the "System"). 2.The City has determined that Axon’s proposal to the RFP (the "Proposal") could best address the City’s Project requirements. On the basis of Axon’s expertise, training, skills, knowledge and representations and warranties claimed and/or made in the Proposal, among others, that (a) it is a SAP R!3-trained professional and an authorized Services Parmer of SAP AG (i.e., one who is authorized to help SAP customers implement and integrate SAP solutions, optimize business processes, and provide strategic business consulting), and (b) it has significant public sector experience in upgrading the SAP Software to the mySAP Business Suite along with various scope of work additions and enhancements, working with the SAP Solution Manager, implementing the IS-U module solutions, and configuring various SAP modules to effect substantial data load to mySAP ERP 2005, the City intends to award a contract to Axon, and Axon intends to accept that contract. 3.The City, through its Department of Utilities ("CPAU"), also provides traditiona! municipal utility services; these include water, gas, electric, wastewater, storm drain, refuse and dark optical fiber backbone services. As of FY 2007-08, there are approximately 28,000 electric customers, 19,000 water customers, and 23,000 gas customers. 4. The City owns and operates within its jurisdictional boundaries an electric transmission and distribution facilities system. It purchases or otherwise acquires power (energy and 071029jb 0072950 capacity) and power transmission services from both related and unrelated third parties in addition to participating in power and power transmission transactions and projects, directly, or, indirectly, by its membership in one or more joint powers agencies. 5.Pursuant to the Charter of the City of Palo Alto, the Palo Alto city council (the "Council") sets the utility rates applicable to the City’s utilities customers without the prior review or approval of any other government agency. The Council, pursuant to California law, has adopted a public benefit program, including, without limitation, demand-side management, renewable energy, and other similar electric utility-related projects. 6.The City’s Department of Administrative Services ("ASD") has utilized the SAP software system for the past five (5) years. CPAU has been operating the Banner CIS software system ("Banner") for the past eight (8) years. The City has licensed SAP’s Industry Solution for Utilities Customer Care and Services (the "IS-U/CCS" or "CCS") module, and it is now prepared to replace Banner with the IS-U/CCS. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and the following covenants, terms, conditions and provisions of this Agreement, the Parties agree, as follows: SECTION 1. TERM 1.1 This Agreement will commence on the Effective Date and will continue until the dates of full performance (each a "Completion Date") of the Services and completion of the Project in accordance with the SOWs (each, a "Term"), more fully described in the SOWs, unless this Agreement is earlier terminated by a Party upon the occurrence of an event of default and a material breach under this Agreement; provided, however, to the extent the Parties do not specify the Term of any of the SOWs, this A~eement wil! be for a contract term in the aggregate not exceeding two (2) years from the Effective Date. The Parties may extend the time for performance of any of the SOWs, and tasks therein, in accordance with mutually acceptable covenants, terms, conditions, and provisions, more fully described in the SOWs. 1.2 The City may terminate for convenience this Agreement, in whole or in part, by giving Axon no less than sixty (60) days’ prior written notice. Upon such termination, Axon may pursue such rights and remedies, at law or in equity, as may be available to it. 1.3 This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without penalty: (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year; or (b) at any time within a fiscal year in the event that funds are appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 1.3 will take precedence in the event of a conflict with any other covenant, term or condition of this Agreement and the Exhibits. Nothing in this Section 1.3 is intended to affect Axon’s rights and remedies as may be available under applicable laws. 071029 jb 0072950 2 SECTION 2. STATEMENTS OF WORK 2.1 In reliance on Axon’ s representations and warranties and its agreement to fully perform the Services and complete the Project in accordance with the SOWs, the City hires Axon to perform, and Axon covenants and agrees, as follows: (a) within the Terms specified in Section 2.2 of the respective SOWs, commencing from the date(s) mutually agreed to by the Parties, to use its best efforts to perform or cause to be performed, the Services and complete the Project; (b) the Services will incorporate the AcceleratedSAP ("ASAP") rapid implementation methodology for each of the Software Improvements. The Services will be executed in accordance with the SOWs, as mutually agreed to, more fully described in the SOWs. Generally, the Upgrade SOW will pertain to the System Upgrade and ESS/MSS scope and services, as described in Exhibit "A", and the CCS SOW will extend the Upgrade SOW with the IS-U/CCS scope and services, as described in Exhibit "B"; (c) Axon, with respect to a training plan, will train the City’s personnel and ensure the transfer of knowledge to key City personnel, including, without limitation, the City’s Information Technology Services division ("ITS") staff, to use and maintain the Software after the installation and configuration of the Software Improvements, provided such City personnel are appropriately trained and able to perform the roles that they are assigned to, including, without limitation, the ITS staff, as well as set forth the various methods of training, including, without limitation, project team training and end-user training; (d) Axon’s overall change management plan will address, among other matters, the communication of process change and help/desk support strategies; (e) Axon will provide such post-production support, more fully described in the SOWs, following the completion of key milestones in the SOWs established by the Parties; and (f) the Parties will collaborate in defining and developing all necessary Software applications and functionality, more fully described in the SOWs. 2.1.1 Axon will perform the Services in a professional and workmanlike manner and consistent with applicable City security and safety measures. In addition, Axon will develop technically feasible solutions as may be identified by the City’s personnel, including, without limitation, the CPAU, ASD, and ITS staffs. From and after the mutually agreed to date(s) referred to in Section 2.1 (a), Axon will perform the Services in accordance with the SOWs’ scopes of work, roles and responsibilities of the Parties, timetables and milestones, and the key resources of each Party, as set forth in this Agreement and the Exhibits. Except as otherwise described in this Agreement and the Exhibits, generally, Axon will furnish all labor, materials, personal computers, software, products, tools, transportation, and supplies that are required by their consultants to fully perform the Services and complete the Project. 2.1.2 Axon will provide to the City all of the software functionality required by the City, more fully described in the SOWs. Axon will fulfill the City’s requirements that cannot be met by "off-the-shelf" or "out-of-the-box" software with the Software Improvements, as practicable, without modification to the original SAP Enterprise Resource Planning software (the "ERP Software") source code, except at end-user exits or such other points that will not interfere with the progress of configurations to new, upgraded, enhanced or redesigned versions of the ERP Software. Except as may be provided in the Exhibits, Axon will not modify the ERP Software in a manner that will detrimentally affect the City’s license (or licenses) to use the ERP Software, including, without limitation, any warranties that may apply to that license (or licenses), which the City will make available to Axon, upon request. 07t029jb 0072950 2.2 In the performance of its obligations hereunder and within ten (10) business days of the City PM giving notice to the Axon PM that Axon can commence work on the Project, Axon will identify, in writing, by letter or e-mail, which will be deemed incorporated herein by reference at the time of its submittal to the City, its key personnel, their job titles and responsibilities, and any other information deemed essential by the City to the coordination of efforts by the Parties to complete the SOWs. Axon reserves the right to allocate its personnel resources to the Project, assigning personnel to and removing personnel from the Project during the pendency of the SOWs, in the reasonable exercise of its business judgment. Axon may not subcontract to an unrelated third party more than one-quarter of the total hours of work estimated to perform the Services and complete the Project; and no key personnel services and responsibilities may be subcontracted to an unrelated third party without the City’s prior express written approval, which will not be unreasonably withheld or delayed. Axon will designate one individual to serve as its Project Manager (the "Axon PM’), who will have supervisory responsibility for Axon’s performance of the Services and completion of the Project. Axon designates Noreen Jensen as the Axon PM. The City acknowledges that Ms. Jensen, the Axon PM, will not be able to commence work on the Project as of the Effective Date, as she will be assigned to another Axon project, which will not be completed as of the Effective Date; provided, however, Axon will make Ms. Jensen available to the Project promptly after the completion of her current assignment, as practicable, and in any event by no later than January 2, 2008. As of the Effective Date, in the absence of Ms. Jensen, Axon will assign another individual, acceptable to the City, to serve as the interim Axon PM until Ms. Jensen commences work on the Project by January 2, 2008. For each day that Ms. Jensen fails to commence work on the Project in her position as the Axon PM as of January 2, 2008 and such failure to commence work on the stated date is entirely within the control of Axon, the City will be entitled to receive from Axon an equivalent amount of FRICE-W hours of programming effort in excess of the hours that Axon will provide (as referred in Section 2.7(A) of Exhibit "A" and Section 2.4.1.2 of Exhibit "B") equal to eight (8) hours for each whole day, or prorated amount, that Ms. Jensen fails to commence work on the Project in her position as the Axon PM. The City, at its discretion, may allocate such additional programming hours to either of the SOWs or both SOWs. If circumstances or conditions arising subsequent to the execution of this Agreement should cause the substitution of the Axon PM for any reason, the appointment of a substitute Axon PM will be subject to the prior written approval of the City’s Project Manager (the °’City PM"), which will not be unreasonably withheld or delayed. The City will provide adequate working area space in or about City Hall or other City-occupied space for the Parties’ Project team members. The Axon PM will work at that location for a minimum of 40 hours per week or other periods of time, as may be agreed to by the Parties, during the Term. 2.2.1 The City may interview Axon’s key personnel, including, but not limited to, the position of the Axon PM, and any replacement key personnel assigned to the Project before they may be authorized to work on the Project. Axon will not designate any key personnel without obtaining the City’s prior wTitten consent, which will not be unreasonably withheld or delayed. For the purposes of this Agreement, ;;key personne!" means and includes the Axon PM and any other designated consultants or senior management employees of Axon whose identities will be noted in the SOWs. Axon will not reassign any individual designated as a key personnel without the City’s prior written consent during the period beginning on the date such individual commences performing the Services, or part thereof, on Axon’s behalf, to other functions, if doing so would require the alteration or reduction of such individual’s contribution to, or involvement with, the performance of the Services. Axon will obtain the City PM’s prior written consent at least thirty (30) days, or such 071029jb 0072950 shorter time period as agreed to by the Parties, prior to any assignment of key personnel that may result in the alteration or reduction of time expended by such individua! in the performance of Services and completion of the Project. In the event that any key personnel is reassigned, becomes incapacitated, or ceases to be employed by Axon and thus becomes unable to perform the functions and/or responsibilities assigned to him or her, Axon will use reasonable effort to substitute another person who is approved, in advance, by the City, provided Axon can demonstrate that such person is properly trained and qualified to perform the functions of such replaced person. Where any key personnel will be replaced and such key personnel will be charged to the City on a time-and- expenses basis, Axon will provide to the City a mutually acceptable no-cost transition period if the key replacement personnel requires adequate time to become familiar with any of the SOWs’ task(s). 2.3 The City will designate the City PM to represent the City for all purposes under this Agreement. The City PM will confer with the Axon PM in regard to the mutually agreed to date for the commencement of the Services. The City PM will supervise Axon’s performance of the Services and completion of the Project. The City’s City Manager, acting at his sole discretion, may designate an alternate City PM from time to time. 2.4 Any of the Services that is not expressly identified in the SOWs or any change to the Services, which would require the payment of compensation in excess of the fixed compensation amount set forth in Section 3 of this Agreement and Exhibit "C", will be subject to the Change Control Process, as described in Exhibit "H". An amendment to change the amount of compensation payable to Axon may be agreed to by the City Manager, acting on behalf of the City, within the dollar authority lawfully delegated by the Council to the City Manager by ordinance, resolution or minute order. All proposed changes to compensation in excess of the amount delegated to the City Manager and all material changes to any other covenant, term, condition or provision of this Agreement may require the prior approval of the Council. 2.5 The City PM and the Axon PM (the "PMs") may agree to any specific coordination procedures for the processing of amendments as are in furtherance of Section 2 of this Agreement and in conformance with the City’s general purchasing or procurement requirements. 2.6 To the extent that an item is characterized as a ;’work product" in any of the SOWs and is provided in support of the Software programs licensed to the City by a third party or third parties or to Axon pursuant to one or more software license agreements, the applicable software license agreement(s) will govern the City’s use of supplemental software included in the work product provided hereunder. 2.7 All work product provided hereunder, including, without limitation, computer software programs, operating instructions, unique design concepts, training materials, or other documentation developed for or specifically relating to the Services, as well as ideas, know-how, techniques, products and inventions, will be and shall remain the property of the third party supplier(s) or Axon, as appropriate, unless the Parties otherwise agree, in writing. 2.8 In the performance of the Services, Axon hereby grants to the City, and the City hereby accepts from Axon, subject to the terms of the original or other applicable Software license (or licenses), as applicable, a perpetual, royalty-free, non-exclusive, non-transferable, worldwide, fully paid-up license (or licenses) and/or right to use the Axon Project Support 071029jb 0072950 Environment (the "APSE"), solely for its own internal business purposes and to make improvements, modifications or other alterations to the Software in accordance with the terms and conditions of this Agreement. Axon wan’ants that it has the right to grant such license (or licenses) in APSE and the Software Improvements, as applicable, on the basis of its rights, title and interests therein. SECTION 3. PRICING SUMMARY AND PAYMENT SCHEDULES 3.1 In consideration of the Services to be provided by Axon, the City agrees to pay Axon the sum of six million two hundred and ninety-two thousand and seventy-three dollars ($6,292,073.00), which sum will be due and payable in such amounts and at such times (each a "Progress Payment") in accordance with the terms and conditions of the respective Pricing Summary and Payment Schedules provisions, as described in Exhibits "C," "C-l," "C-2," and "C-3." The City will make the final payment (the "Final Payment") after taking into account all amounts for Services rendered and all Progress Payments for Services made in the amount and at the time in accordance with the above-referenced exhibits. The total contract price will include the prices for the performance of the Services and the completion of the Project and the ninety-day warranty period applicable to any and all Software Improvements. The City will be responsible for any taxes and user fees then due and payable on the Services to be performed, except taxes based on Axon’s income arising from its performance of the Services. The cost of any goods to be delivered or provided by Axon in connection with the performance of the Services will be FOB Palo Alto. Without prejudice to Axon’s rights and remedies hereunder or otherwise available at law, if the City fails to make any Progress Payment or the Final Payment as and when due and payable, then the City will pay a late payment charge in an amount not to exceed one percent (1%) per month on the net Progress Payment or the Final Payment then due. 3.2 Except as otherwise provided in this Agreement or as may be subsequently agreed to by the Parties, any hours worked by Axon’s key personnel, to the extent the Services are made payable by an hourly rate and the fixed total contract price would be otherwise exceeded, taking into account such hourly rates, will be performed at no additional cost to the City. For a period from the Effective Date through March 31, 2009, the compensation due and payable for any new or additional services not identified in the SOWs but arising after the Effective Date, or changes to the Services that may require the payment of additional compensation will be made payable at an hourly rate not to exceed the per-hour rate for each key personnel as detailed in the SOWs and/or other Exhibit hereof, in particular, Exhibit "G" which pertains to Development Objects. Subsequent to such specified period, additional compensation wil! be payable at Axon’s then current hourly rates, provided that Axon has notified the City, in writing, at least thirty (30) days prior to the effective date of any change in its hourly rates. 3,3 Notwithstanding anF other covenant, term, condition or provision q[’this Agreement and the Exhibits, in no event will the City be liable to Axon or any third par.ty on any claim, whether based in contract, tort or any other legal theorF, flor any special, consequential, indirect or incidental damages, including, without limitation, lostprofits, arising out of the Services to be per.formed or the Project to be completed in connection with this Agreement. 3.4 Axon covenants and agrees to perform the Services and complete the Project in accordance with the materia! covenants, terms, conditions and provisions of this Agreement and the Exhibits. 071029jb 0072950 SECTION 4. SAP SOFTWARE IMPROVEMENTS INSTALLATION. TESTING AND ACCEPTANCE 4.1 In accordance with the SOWs, Axon will notify the City whenever one or more tasks of the Upgrade SOW or the CCS SOW are completed and are ready for testing. The City will begin testing in a non-production environment using the test protocols, procedures and standards (the "Standards") set forth in the SOWs or such other standards as the Parties may agree to, in writing (the "Acceptance Test Procedures"), to determine whether the respective Software Improvements meet in all material respects the applicable specifications (the °’Specifications") and acceptance criteria (the "Acceptance Criteria") set forth in Exhibits "A" and "B" or such other specifications as the Parties may agree to, in writing (the "Pre-Live Testing"). After the City has completed the Pre-Live Testing for the respective Software Improvements and has continuously operated such software for up to thirty (30) days in accordance with the Specifications and the Acceptance Criteria, the City wilt notify Axon, in writing, that it has accepted such performance. If the City determines that such respective Software Improvements do not perform as warranted in this Agreement, the City PM will deliver to the Axon PM, in writing, a report describing the City’s adverse determination. Axon will correct any non-performance of the Software Improvements within the period(s) of time specified in the SOW(s) after receipt of the report. The City may re-test the respective Software Improvements for an additional test period of up to thirty (30) days, at the end of which the Acceptance Test Procedures process wil! be repeated. In the event the non-performance is caused by a Software defect, Axon will use reasonable efforts to resolve the non-performance within thirty (30) days. For the purpose of this Agreement, the City will file an exception report in the case of any Software Improvements defect. This procedure will continue until the City has accepted the respective Software Improvements. 4.2 Once the City has accepted the respective Software Improvements, the City wil! begin using them in a production environment (the "Go-Live Testing"). The Parties agree that the Go-Live Testing period will not exceed forty-five (45) days in order to afford the City a reasonable opportunity to test the functionality of those Software Improvements to determine whether the respective Software Improvements meet in all material respects the Specifications in an integrated production environment. Once the City has conducted the Go-Live Testing and has determined that (a) there have occurred no material errors, (b) the respective Software Improvements have performed as warranted in this Agreement, and (c) all related training services and other Services have been completed, then the City PM will notify the Axon PM, in writing, of the City’s final acceptance. In no event will any other action or inaction by the City, including its use of the respective Software Improvements, or any portion thereof, in a live, operational environme.nt, constitute the final acceptance of any portion of the respective Software Improvements. Notwithstanding any provision to the contrary, in no event will the final acceptance be deemed a waiver of any right or remedy that is available to the City under this Agreement, at law or in equity as a result of any defect in the Software Improvements, or other element of the Project that was not reasonably discovered by the City during the Pre-Live Testing or the Go-Live Testing periods. 4.3 If any of the Software Improvements does not function in a manner as contained in the SOWs during the Go-Live Testing period, the City will have the fo!lowing options, upon reasonable written notice to Axon, to: (a) terminate this Agreement, provided the Parties have exhausted all other reasonable options; (b) accept the Software Improvements at its then level of performance and/or functionality; (c) extend Go-Live Testing for such period as the Parties may be 071029 jb 0072950 agree to, in writing; (d) accept those portions of the Software Improvements which meet the Acceptance Criteria and require Axon to correct the remaining portions, in which event the City will not be liable for any payments associated with the implementation of such remaining portions unless and until they have passed the acceptance testing; or (e) pursue such rights and/or remedies as may be available to the City, at law or in equity. 4.3.1 The City’s acceptance of the Software Improvements will not constitute a release of Axon from its obligation to correct any Software Improvements defects in accordance with the terms of the warranties and maintenance agreement requirements set forth herein. 4.4 The City will review and approve, in writing, each of the Exhibits "A" and "B" scopes of work and tasks (or deliverables) hereunder in the following manner: (a) the PMs will preview each draft task/deliverable prior to the formal submittal of each draft to the City; (b) the City PM will identify, in writing, any required changes, deficiencies, and/or additions necessary within ten (10) business days of the receipt of each draft task!deliverable; (c) upon the acceptance of the final task/deliverable, the City PM will sign an acceptance form for such task/deliverable and shall return it to the Axon PM. If the City rejects a final task/deliverable, then Axon will modify the task/deliverable in a manner that is acceptable to the City and will re-submit the task/deliverable for review in accordance with the procedures outlined in this Section 4 and the Extfibits "A" and "B"; (d) if the City fails to provide written notice to Axon within the time periods set forth in this Section 4 regarding its approval and acceptance or identification of deficiencies of a task/deliverable, the Axon PM will notify the City PM of such failure. The City PM may request an additional two (2) business days in which to provide such written notice. If the City PM does not request additional time, or within such period of time the City PM does not provide such written notice, then the task/deliverable will be deemed accepted by the City; and (e) the Parties acknowledge that, in principle, the acceptance of completed tasks/deliverables should not cause unreasonable delays in Axon’s progress in the completion of the Project. The City will endeavor to timely review and act on Axon’s request to continue with the performance of outstanding tasks/deliverables in accordance with the Project milestones and timelines, even though the City may not have formally approved any submitted task/deliverable, the completion of which may be a condition precedent to the continuation of performance of outstanding tasks/deliverables. Any changes arising after the City has approved a task!deliverable, or has agreed to Axon’s request to continue the performance of any outstanding task(s)/deliverable(s) while awaiting formal approval, will be managed through the agreed Change Request Procedures. 4.5 Except as may be specified in the SOWs, the testing of any Software Improvements will include sufficient testing to the City’s reasonable satisfaction, as follows: (a) unit testing (or the individua! testing of each field, screen, screen-related action, and module/program); (b) System testing (or the testing of the upgraded and enhanced or modified SAP software system as a whole and its integration with other City software systems); and (c) volume/stress testing (or the testing of the SAP soft~vare system under peak usage conditions to measure the response times and the system reaction to load). SECTION 5. SAP SOFTWARE SYSTEM WARRANTY 5.1 acceptance of the 071029jb 0072950 Axon warrants that for a period of ninety (90) days from the date of final Project or the Completion Date, whichever occurs later, the Software Improvements, excluding any software defects: (a) will meet the Specifications and Acceptance Criteria set forth in the SOWs; (b) will be free of material defects; (c) will’ operate, conform and perform in accordance with the functionality established in the SOWs; and (d) with respect to any Software Improvements made by Axon as part of the Services, is fit for the purposes expressly set forth in this Agreement and the Exhibits. 5.2 Axon will provide such new or additional Services or modifications, or repair any and all defects at no charge during such warranty periods, provided that the City PM has given to the Axon PM reasonable written notice of the existence of such defects and/or deficiencies, and provided that the defects and/or deficiencies have not been caused by the willful acts or omissions of the City. 5.3 Axon warrants that the Software Improvements: (a) will function properly and in accordance with the Specifications, separately and as a fully integrated system; and (b) when operated together will not cause any material delays, defects, or problems with the SAP Software, subject to any capacity constraints of the City’s communications network or hardware environment. Axon further warrants that the Software Improvements’ functionality that is established in the SOWs will be delivered to the City, to the maximum extent possible, without modifications to the Software or the source code, "bolt-on" programs, or extensive "work-arounds". In addition, Axon warrants that the Software Improvements will not detract from or otherwise interfere with the full functionality of the Software as described in the Specifications and Acceptance Criteria. 5.4 In the event that the City makes or requests any changes or modifications to the Software Improvements within the applicable warranty periods, except as agreed to by Axon, the foregoing limited warranty of Axon with respect to the Software Improvements will continue to apply, but Axon may charge the City for additional services at Axon’s then prevailing hourly rates; provided, however, Axon wi!! not be obligated to provide such additional services. 5.5 Axon further warrants that the Software Improvements do not infringe or violate any applicable U.S. patents, copyrights, or trademarks or any applicable state trade secrets or other comparable intellectual or proprietary rights of any third party. Axon will indemnify, hold harmless and defend the City, its elected officials, officers, employees and agents from and against any and all claims, actions, suits, demands, judgments, awards, liabilities, losses, damages, and reasonable expenses, including reasonable attorneys’ fees, arising out of any actual or alleged violation or infringement of any patent, copyright, or trademark or other comparable intellectual property rights of any third party, with respect to the use of any Software or Software Improvements or other product or material developed or provided by Axon under this Agreement (the "Materials"). In the event of a third party claim against the City relating to the Materials, the City wi!l notify Axon, promptly and in writing, of the claim, and Axon will have the sole authority (at its sole cost and expense) to: (a) replace such infringing Materials; (b) modify such Materials in a manner as to make it non-infringing; or (c) procure for the City the right to continue using the Materials. The Parties intend that the City will not incur any liability for, and it will not be obligated with respect to, any use by Axon of such Materials outside of the performance of this Agreement. If Axon reasonably determines that none of these alternatives is reasonably available, the City will return the applicable Materials to Axon, upon written request. Axon then will refund promptly to the City an amount equal to the pro-rated amount that the City has paid to Axon for the Materials. Axon will not be obligated or liable for any claim based upon or resulting from: (x) the use, operation or combination 071029jb 0072950 of the Materials with non-Axon-produced programs, data, equipment or documentation (other than as contemplated by this Agreement); (y) the City’s modification of the Materials, unless such a modification is performed as required or otherwise agreed to by the Parties; or (z) non-compliance with Axon’s written instructions relating to the use of the Materials. The foregoing states the entire liability of Axon and is the exclusive remedy of the City with respect to any infringement of intellectual property rights of any third party in the Materials. SECTION 6. INDEMNITY 6.1 Subject to Section 6.2 hereof, Axon will indemnify, defend and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, liability, loss or damage for injury or death of any person, or for property damage caused by or arising out of the negligent acts or omissions, or willful misconduct of Axon, its directors, officers, employees, consultants, developers, agents or subcontractors, in the performance of Services and the completion of the Project under this Agreement. 6.2 In no event will Axon be liable to the Ci~_ , or ang third par~_ ,_for any indirect. consequential, punitive, exemplary, special or incidental damages (including, without limitation, damages for loss of business, loss qf revenue, loss of opportuni&, or loss o_f data), however caused, whether arising under tort, contract, or otherwise, whether or not foreseeable, and even {[’advised in advance qf the possibili& of such damages. 6.3 Axon’s maximum total and aggregate liabili_ty to all persons claiming by or through the Ci_ty, or ang third party, _for direct damages relating to ang and all claims hereunder, regardless of the form of action, whether arising under tort, contract, or otherwise. (a) in relation to claims for damage to the real proper~_ qf the Ci_ty, will not exceed the sum qf ten million dollars ($1 O, 000, 000. 00): and (b) in relation to all other claims hereunder, will not exceed the lesser of(l) five million dollars ($5. 000, 000. 00), or (2) one hundred twen~_ -five percent (I25%) of the sum of .fees actually paid by the City to Axon under this Agreement. SECTION 7. INSURANCE 7.1 Axon, at its sole cost and expense, will obtain and maintain, in full force and effect during the Term, the Insurance Requirements, as described in Exhibit "D." Axon and its consultants, contractors, developers and subcontractors, if any, will each obtain a policy endorsement naming the City as an additional insured under any general liability or automobile policy or policies. 7.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Axon will use reasonable efforts to ensure that any and all contractors, contractors, developers and subcontractors of Axon who are retained to perform the Services or any part thereof will obtain and maintain, in full force and effect during the Term, identical insurance coverage, naming the City as an additional insured under such policies as required above. 7.3 Certificates evidencing such insurance shall be filed with the City concurrently with the execution of this Agreement. The certificates will be subject to the approval of the City’s 071029jb 0072950 10 Risk Manager and (a) will contain an endorsement stating that the insurance is primary coverage, (b) if a policy is canceled before its expiration date for any reason other than for the non-payment of insurance premium, Axon will ensure that the insurer will provide the City with at least thirty (30) days’ prior written notice before the effective date of cancellation, and (c) if the policy is cancelled before its expiration date for the non-payment of insurance premium, the insurer will provide the City with at least ten (10) days’ prior written notice before the effective date of cancellation. Axon will be responsible for ensuring that current certificates are provided to the City’s Purchasing Manager during the Term. 7.4 The procurement of such required policy or policies of insurance will not be construed to limit Axon’s liability hereunder or to fulfill the indemnification provisions of this Agreement. 7.5 Axon, by executing this Agreement, certifies that it is aware of the provisions of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services. SECTION 8. ASSIGNMENT 8.1 The Services to be performed by Axon are personal to Axon and thus Axon will not assign this Agreement or its obligation to perform the Services and/or complete the Project without the prior wTitten approval of the City. Any unapproved assignrnent will be nu!l and void. In the event an assignment is approved by the City, Axon will remain primarily liable for the performance of the Services and the completion of the Project. 8.2 Notwithstanding Section 8.1, the City agrees that up to twenty-five percent (25%) of the personnel assigned by Axon to perform its obligations under this Agreement may be independent contractors (and not employees) of Axon; provided, however, that any individual whom Axon proposes to perform work under this Agreement will be subject to all of the applicable provisions of Section 2 hereof regarding the City’s approval of Axon’s personnel. SECTION 9. WAIVER 9.1 A waiver by a Party of any breach or violation of any covenant, term or condition of this Agreement or of the provisions of any ordinance or law shall not be construed to be a waiver of performance of any other covenant, term, condition, ordinance or law, or of any subsequent breach or violation of the same. The acceptance by a Party of any payment or damages which may become due hereunder will not be deemed to be a waiver of any subsequent breach or violation by the other Party of any covenant, term, condition, ordinance or law. SECTION 10. CONFLICT OF INTEREST 10.1 In accepting this Agreement, Axon covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 071029jb 0072950 11 10.2 Axon covenants that, in the performance of this Agreement, it will not employ any subcontractor or other person having such an interest. Axon certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of the City; this provision wil! be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 10.3 If the City’s City Attorney determines that any employee or subcontractor of Axon is a °’consultant" as that term is defined by the regulations of the California Fair Political Practices Commission, that person shall be required to file the appropriate financial disclosure document as required by the Palo Alto Municipal Code and the Political Reform Act of 1974. SECTION 11. EVENT OF DEFAULT: REMEDIES FOR DEFAULT 11.1 This Agreement may be terminated upon the occurrence of an "event of default" by a Party (the "Defaulting Party"). An "’event of default," which will constitute a material breach of this Agreement if it is not cured in a timely manner, means the occurrence of any of the following: (a) a representation or warranty made by a Party is false or misleading in any material respect when made or deemed made or repeated; (b) the failure to perform any material covenant, or obligation set forth in this Agreement or any Exhibit if such failure is not remedied within thirty (30) days after written notice of default is given; (c) a Party files a petition or otherwise commences or acquiesces in the commencement of a proceeding under any bankruptcy, insolvency, reorganization or similar law, makes an assignment for the benefit of its creditors, has an administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or is generally unable to pay its debts as they fal! due; (d) a Party consolidates with, merges with or into, or transfers all or substantially all of its assets to, another entity and, at the time of such consolidation, merger or transfer, the surviving entity fails to assume all of the obligations of the Party under this Agreement and the Exhibits to which it was a party by operation of law or pursuant to an agreement reasonably satisfactory to the other Party; (e) the transfer of this Agreement or any material obligation arising under this Agreement and the Exhibits, whether voluntarily or by operation of law, without the consent of the other Party; and (f) the failure to make, when due, any payment required by this Agreement if such failure is not remedied within five (5) business days after written notice of default is given. 11.2 If an event of default occurs and is continuing with respect to the Defaulting Party, the other Party (the "Non-Defaulting Party") will have an election of rights and remedies, in addition to all other rights and remedies afforded or provided by law or in equity or as otherwise provided in this Agreement, to which the non-defaulting Party may resort cumulatively, or in the alternative: (a) the right to terminate this Agreement by giving thirty (30) days’ prior notice of termination, in which event this Agreement will terminate on the date set forth in the notice of termination; (b) the right to demand performance of an act which otherwise cure the violation or any breach; and (c) the right to suspend performance of any of its material obligations, including, without limitation, the right to withhold any payments due to the Defaulting Party under this Agreement. 071029jb 0072950 12 SECTION 12. NONDISCRIMINATION 12.1 The Palo Alto Municipal Code prohibits discrimination in the employment of any individual under this Agreement because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of that person. Axon acknowledges that it has read and understands the provisions of Chapter 2.30 of the Palo Alto Municipal Code relating to nondiscrimination in employment and the penalties for violations thereof, and it agrees to comply with all requirements of Chapter 2.30 pertaining to nondiscrimination in employment, including the completion and submission to the City of the Certification of Nondiscrimination, as described in Exhibit "E", executed by Axon. SECTION 13. FORCE MAJEURE 13.1 A Party will be temporarily excused from the performance or further performance of any of its covenants or agreements hereunder and such Party’s nonperformance shall not be deemed an event of default under this Agreement for any period to the extent that such Party is prevented, hindered or delayed for any period of time not in excess of thirty (30) days from performing any of its covenants or agreements, in whole or in part, as a result of an act of God, war, civil disturbance, court order, or other cause beyond that Party’s reasonable control, including, without limitation, any denial of access to the City’s facilities in order to perform the Services and complete the Project. The Parties hereby agree to use reasonable efforts to remedy the effects caused by the occurrence of the event giving rise to a Party’s temporary nonperformance of its covenants or agreements under this Section. A Party will provide notice promptly to the other Party to the extent that Party relies on the provisions of this Section to temporarily excuse its failure to perform any of its covenants or agreements hereunder. SECTION 14. CONFIDENTIALITY 14.1 Each Party acknowledges that in the course of performing and discharging its obligations under this Agreement, it may be exposed to or acquire information that is considered or deemed proprietary to or confidential to the other Party. Any and all information of one Party in any form obtained by the other Party in the performance of this Agreement shall be deemed to be confidential and proprietary information of such Party to the extent recognized by law. Subject to the requirements of applicable taw, the Parties will hold such information in strict confidence and not copy, reproduce, sell, assign, license, market, transfer, give or otherwise disclose such information to any third party or to use such information for any purpose whatsoever, without the express written permission of the other Party, other than to perform the Services. Each Party will inform its officials, directors, officers, employees, consultants, developers, subcontractors, agents, and representatives of their obligations to keep such information confidential. All such confidential and proprietary information described herein and any deliverable provided hereunder, in whatever form, are hereinafter collectively referred to as "Confidential Information." The Parties will use reasonable efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, the Parties will use reasonable efforts to advise each other immediately in the event that either Party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate this Section, and will reasonably cooperate in seeking relief against any such person. 07t029jb 0072950 13 14.2 Notwithstanding the obligations set forth in Section 14.1, the confidentiality obligations of the Parties will not extend to information that is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party, or was known to the receiving party as of the time of its disc!osure, or is independently developed by the receiving party, or is subsequently learned from a third party not laboring under a confidentiality obligation to the providing part?,, or is required to be disclosed pursuant to court order or government whereupon the receiving party shall provide notice to the other party prior to such disc!osure. 14.3 The liability of either Party under this Section, including the cost of enforcement, will not exceed the liability of the City as set forth in Section 3. SECTION 15. NOTICES. 15.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed, as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 with copies to:Manager of Information Technology Services City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303, Purchasing Manager City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To AXON:Axon Solutions, Inc. 15 Exchange Place, Suite 730 Jersey City, NJ 07302-3912 ATTN: Chief Financial Officer with copies to:Axon Solutions, Inc. 15 Exchange Place, Suite 730 Jersey City, NJ 07302-3912 ATTN: Contracts Manager SECTION 16. AUDITS, INSPECTION OF RECORDS 16.1 Axon will maintain books and records relating to its performance of the Services and completion of the Project during the Terms. Axon will permit the City to audit and 071029jb 0072950 14 copy, upon thirty (30) days’ prior written notice from the City at any reasonable time during the Term and for three (3) years after the completion of the Project, Axon’s books and records pertaining to Axon’s obligations covered by this Agreement. Axon will maintain and retain such books and records at accessible locations and for at least thee (3) years after the expiration or earlier termination of this Agreement, whichever occurs later. This provision will survive the expiration or earlier termination of this Agreement. SECTION !7. INDEPENDENT CONTRACTOR 17.1 In its performance of the Services, Axon acts at all times as an independent contractor and not as an employee of the City. Nothing in this Agreement shall be construed to establish a partnership, joint venture, group, pool, syndicate or agency between Axon and the City. No provision contained herein shall be construed as authorizing or empowering either Party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf, or in the name of, the other Party in any manner, or to make any representation, warranty or commitment on behalf of the other Party. In no event will either Path" be liable for (i) any loss incurred by the other Party in the course of its performance hereunder, or (ii) any debts, obligations or liabilities of the other Party, whether due or to become due. SECTION 18. COVENANTS NOT TO HIRE 18.1 The City hereby covenants and agrees that during the Terms and for a period of one (1) year after the completion of the Project, it shall not, without the prior written consent of A,-,:on: (a) directly or indirectly, (i) solicit or induce, or in any manner attempt to solicit or induce, any person employed by Axon who has material contact with the City during the Terms, to leave such employment, whether or not such employment is pursuant to a written contract with Axon or otherwise, or (ii) solicit or induce, or in any manner attempt to solicit or induce, any person under contract with Axon to perform services for, or provide services to, any client of Axon, to terminate his or her contract with Axon; or (b) hire or otherwise obtain the services, directly or indirectly, from any person employed by Axon who has material contact with the City during the Terms. 18.!.1 The term "material contact" includes any of Axon’s employees or subcontractors who are involved with the preparation of any bid for the City, who has participated in the negotiation of this Agreement or any work order or who provides any support services to enable Axon to perform the Services or complete the Project. 18.2 The City acknowledges that it would be difficult to estimate or prove the actua! damages to Axon resulting from a breach of the covenant set forth in Section 18.1. Therefore, in the event of a breach of such covenant by the City, the City will pay to Axon, upon demand, the sum of fifty thousand dollars ($50,000.00), which amount is liquidated damages and fairly represents an estimate of the costs that Axon will have incurred to recruit and train any such former employee, and the amount will not be deemed to be a penalty of any kind. Damages under this Section 18 wil! in no way limit Axon’s ability to collect damages for any other breach of this Agreement. 18.3 Axon hereby agrees that during the Terms and for a period of one (1) year thereafter it shall not, without the prior written consent of the City:(a) directly or indirectly (i) solicit or induce, or in any manner attempt to solicit or induce, any person employed by the City who has 071029jb 0072950 15 material contact with Axon during the Term, to leave such employment, whether or not such employment is pursuant to a written contract with the City or otherwise, or (ii) solicit or induce, or in any manner attempt to solicit or induce, any person under contract with the City to perform services for, or provide services to the City to terminate his or her contract with the City; or (b) hire or otherwise obtain services, directly or indirectly, from any person employed by the City who has material contact with Axon during the Term. 18.3.1 The term °’material contact" also includes the key City contacts for Axon and any City employee who has participated in the negotiation of this Agreement or any work order or who provides any support services to enable Axon to perform the Services. 18.4 Axon acknowledges that it would be difficult to estimate or prove the actual damages to the City resulting from a breach of the covenant set forth in Section 18.3. Therefore, in the event of a breach of such covenant by Axon, Axon shall pay to the City, upon demand, the sum of one thousand dollars ($!,000.00), which amount is liquidated damages and fairly represents an estimate of the costs that the City will have incurred to recruit and train any such former employee, and that amount will not be deemed to be a penalty of any kind. Damages under this Section 18 will in no way limit the City’s ability to collect damages for any other breach of this Agreement. SECTION 19. DISPUTE RESOLUTION 19.1 If a dispute arises from or in connection with this Agreement, generally, or any Exhibit, in particular (a "Dispute"), the following procedure will govern the resolution of any such Dispute: (a) the Parties will nominate their respective representatives to be responsible for and exercise the appropriate authority to resolve all Disputes hereunder for the fourteen-day resolution periods of time; and (b) if the Dispute remains unresolved within such fourteen-day period, before either Party may resort to the process described in Sections 19.3 and ! 9.4, either Party may refer the Dispute, in writing, for final settlement to Axon’s President and the City Manager or designee, who will jointty convene within ten (10) days of receipt of a referral request and use reasonable efforts to consider and resolve the Dispute. The Parties will ensure that their respective representatives confer for a period of fourteen (14) days from the date of referral by either Party. If final resolution cannot be achieved, the Parties may resort to the procedures described in Sections 19.3 and ! 9.4 hereunder. 19.2 Nothing contained in this Agreement will prevent or otherwise restrict either Party from pursuing its equitable rights, including injunctive relief and specific performance, in the event of a material breach by the other Party. 19.3 In the event of a dispute between the Parties with respect to this Agreement or the enforcement of rights hereunder, either Party may, by notice to the other Party (the "Mediation Notice"), require such dispute to be submitted to non-binding mediation in Palo Alto, California, with a mediator acceptable to the Parties. If such mediation does not result in a settlement of the dispute within one hundred eighty (180) days from the date of the Mediation Notice, either Party may require such matter to be submitted to non-binding arbitration in Palo Alto, California, under the rules of the American Arbitration Association. Action of any kind by either Party arising out of this Agreement must be commenced within one (1) year from the date the right, claim, demand or cause of action first arises. 071029jb 0072950 16 19.4 Notwithstanding anything to the contrary set forth herein, in no event will Axon interrupt or suspend or terminate its performance of Services to the City or perform any action that prevents, impedes, or reduces in any way the performance of Services or the City’s ability to conduct its activities, unless: (a) authority to do so is granted by the City or conferred by a court of competent jurisdiction; (b) this Agreement has been terminated in accordance with Section 1; or (c) the City has failed to pay Axon any undisputed invoice that is past due in excess of thirty (30) days after receiving a delinquency notice from Axon. In the event that the City fails to make such full payment within the thirty-day period, Axon will grant to the City an additional fifteen (15) days to render full payment provided that the City makes a request for such additional time before the expiry of the initial thirty-day period. SECTION 20. MISCELLANEOUS 20.1 This Agreement will be governed by and construed in accordance with the laws of the State of California. The Parties will comply with applicable laws pertaining to their obligations arising under this Agreement. 20.2 In the event that an action is brought, the Parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 20.3 The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 20.4 If a court of competent jurisdiction finds or rules that any provision of this Agreement, the Exhibits, or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement, the Exhibits, or any amendment thereto will remain in full force and effect. 20.5 All Exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules that, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 20.6 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 20.7 This Agreement represents the entire understanding and agreement between the Parties and they supersede all prior negotiations, representations, and contracts, either written or oral. If the City is required to sign an order form or other preprinted document of Axon, the Parties understand and agree that to the extent of any conflict between such other form or document and this Agreement, this Agreement wil! prevail. In the event of a conflict between the Agreement and any, some or all of the Exhibits, the document imposing the more specific duty or obligation will prevail. This Agreement may be amended only by a written instrument, which is signed by the Parties. 071029jb 0072950 17 20.8 The term "day" means a calendar day, unless a "business day" is specified; for the purposes of this Agreement, "business day" excludes any "Regular Holiday" or "Other Special Day" referred to in section 2.08.100 of the Palo Alto Municipal Code or any Friday that is considered a ’9180’ day, when the City does not require employees, electing to work nine (9) business days in a ten-business days biweekly period, to work on such days. 20.9 References made to "the Agreement" are intended to be made to both the Agreement and the Exhibits, except as otherwise provided. 20.10 The special terms ("Special Terms") as used in this Agreement will have the meanings set forth in Exhibit "F", unless the context clearly indicates otherwise. 20.11 The Parties agree that the normal rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be employed in the interpretation of this Ageement or any Exhibit or any amendment thereof. 20.12 On the Effective Date, each Party represents and warrants to the other Party that: (a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (b) the execution, delivery and performance of this Agreement and the Exhibits are within its powers, have been duly authorized by al! necessary action and do not violate any of its governing documents, any contracts to which it is a party or any law, rule, regulation, or order; (c) the Agreement and the Exhibits and any other document executed and/or delivered in accordance with this Agreement constitutes its legally valid and binding obligation enforceable against it in accordance with its covenants, terms, conditions and provisions; (d) it has not filed and it is not now contemplating the filing for bankruptcy protection or, to its knowledge, threatened against it which would result in it being or becoming bankrupt; (e) there is not pending or, to its knowledge, threatened against it or any of its affiliates any legal proceedings that could materially adversely affect its ability to perform its obligations under this Agreement and the Exhibits; and (i’) no event of default or potential event of default with respect to it has occurred and is continuing and no such event or circumstance would occur as a result of its entering into or performing its obligations under this Agreement and the Exhibits. // // // // 071029jb 0072950 18 IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Agreement and certain Exhibits, as appropriate, ,as of the Effective Date. CITY OF PALO ALTO Mayor ATTEST: AXON SOLUTIONS, INC. Narfie: Stephen J. Wilkes Title: Executive Vice-President City Clerk APPROVED AS TO FORM: Maine: Title: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Taxpayer Identification No. 52-2360171 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: 071029 ib 0072950 Exhibit "A": SAP Upgrade & Implementation: Statement of Work Exhibit "A- 1": Final System Acceptance Criteria - Upgrade Exhibit "A-2": Interfaces Exhibit "B": SAP IS-U/CCS Implementation: Statement of Work Exhibit "B-l": Final System Acceptance Criteria - CCS Exhibit "B-2": Interfaces Exhibit "B-3": Enhancements Exhibit "C": Pricing Summary Exhibit "C- 1": Upgrade Payment Schedule 19 Ex!fibit "C-2": ESS/MSS Payment Schedule Exhibit "C-3": CCS Payment Schedule Exhibit "D": Exhibit "E": Exhibit °°F": Exhibit "O": Exhibit ~H": Insurance Requirements Certification of Nondiscrimination Special Terms Development Objects Change Control Process 071029jb 0072950 20 City of Palo Alto EXHIBIT "A" SAP Upgrade & Implementation: Statement of Work October 29, 2007 071029jb 0072951 Page 1 of 51 Table of Contents Introduction ..........................................................................................................................................................4 1.1 Background .................................................................................................................................................4 1.2 Guiding Vision ...........................................................................................................................................4 Project Scope ........................................................................................................................................................5 2.1 City Of Palo Ako Users ..............................................................................................................................5 2.2 Project Structure .........................................................................................................................................5 2.3 Project Functional Scope ............................................................................................................................5 2.3.1 Existing Functionality to be Upgaded .......................................................................................................6 2.4 New or Enhanced Functionality .................................................................................................................6 2.5 High Level Work Plan ................................................................................................................................9 A.Upgrade .......................................................................................................................................9 B.Scope of Services .........................................................................................................................9C.IT Landscape .............................................................................................................................11 D.Technical Scope .........................................................................................................................13 2.6 Technical Infrastructure and Basis Administration ..................................................................................13 2.7 Programming Effort ..................................................................................................................................13 Training Scope .....................................................................................................................................................14 B. Core Team Training .............................................................................................................................14 Implementation Approach ................................................................................................................................15 3.1 Stages of the Project .................................................................................................................................15 3.2 Final System Acceptance ..........................................................................................................................24 3.2.1 Final System Acceptance Criteria .............................................................................................24 Project (Program) Organization .......................................................................................................................26 4.1 Core Team Structure .................................................................................................................................26 4.2 Time Requirements ...................................................................................................................................26 4.3 Roles and Responsibilities ........................................................................................................................30 B. City Resources ......................................................................................................................................30C. Axon Resources ....................................................................................................................................33 Assumptions ........................................................................................................................................................35 5.1 Implementation Assumptions ...................................................................................................................35 5.2 Staffing Assumptions ...............................................................................................................................35 5.3 Business Change Assumptions .................................................................................................................36 5.4 Technology Assumptions .........................................................................................................................36 5.5 Process Assumptions ................................................................................................................................36 5.6 Interfaces and Conversion Assumptions ...................................................................................................37 5.7 Training Assumptions ...............................................................................................................................37 5.8 Programming Assumptions ......................................................................................................................38 5.9 ESS/MSS Assumptions ............................................................................................................................38 Project Management Processes .........................................................................................................................39 6.1 Project Management Tool .........................................................................................................................39 6.2 Project Controls ........................................................................................................................................39 6.2.1 Project Plan and Status Tracking ....................................................................................................39 6.2.2 Weekly Status Report .......................................................................................................................39 6.2.3 Other Project Controls ....................................................................................................................39 6.3 Issue Management Process .......................................................................................................................40 Process Overview .....................................................................................................................................40 07 ! 029 jb 0072951 Page 2 of 5 ! Escalation Procedure ...............................................................................................................................41 Change Control ........................................................................................................................................4I 6.4 Quality Assurance Process .......................................................................................................................41 6.4.1 Purpose and Objectives ...................................................................................................................41 6. 4.2 Quality Management Approach .......................................................................................................42 6.4.3 Parmers In Quality ..........................................................................................................................43 7 City-Provided Assistance ...................................................................................................................................44 7.1 City-Provided Project Infrastructure .........................................................................................................44 7.2 Connectivity of Axon’s Laptops to the City’s Network Resources ..........................................................45 7.3 Sot~are ....................................................................................................................................................46 7.4 Access to the City Personnel ....................................................................................................................47 7.5 Office Space and Furnishings ...................................................................................................................47 7.6 The City’s Facilities ..................................................................................................................................48 8 Pricing and Payment ..........................................................................................................................................49 8.1 Additional Services Rates .........................................................................................................................49 071029 jb 0072951 Page 3 of 51 1 Introduction The provisions of this Exhibit "A", Sections 1.1 and 1.2, are provided only for background information purposes, and the City does not intend for Axon to rely on any statement, fact or opinion provided herein or to deem such statement, fact or opinion as a representation or warranty by the City, which Axon may rely, justifiably or otherwise, in executing the performance of Services and the completion of the Project. The City disclaims the accuracy of any statement or fact contained in the information provided below. 1.1 Background A. Palo Alto, a city Of approximately 60,000 residents and 80,000 day-time employees, is a full-service city that provides all of the traditional local government services (e.g., police, fire, public works) as well as utility services (e.g., water, gas, electric, wastewater, storm drain, refuse and dark optical fiber backbone services). B. The City installed a comprehensive business suite of SAP v.4.6c in 2003, and, since that time, it has maintained the SAP software application, and is now prepared to upgrade the system software and add a number of enhancements to the current system. C. The City intends to utilize SAP ’best practices’ in upgrading to mySAP ERP 2005, and thereby hopes to gain significant efficiencies through the elimination of manual processes and duplicated activities. 1.2 Guiding Vision A. The City recognizes that the current SAP R/3 v.4.6c software system environment will hinder its efforts to re- engineer and improve business processes and move toward an electronic government ("eGov") vision. As a first step, the City recognizes the need to upgrade its existing SAP W3 v.4.6c system. B. "eGov" refers to the City’s plan to deliver fully browser-based, self-service functionality to internal and external stakeholders. Internally, employees would have access to self-configurable browser portals through which they could perform all of their daily business activities (e.g., purchasing supplies, filling work orders, budgeting, and entering journal entries) as well as maintain their own personnel information (e.g., adjusting benefits, changing addresses, and viewing their payroll statistics), all in a secure environment. Externally, citizens and suppliers would have access to browser portals through which they may view any public domain information (e.g., the Council meeting agendas and minutes, financial statements, demographic and geographic information) as well as conduct other business with the City (e.g., check payment status, order permits, pay fines, and pay utility bills). C. With full integration, browser-based functionality, and ease of use, the Parties anticipate that there will be a major reduction in paper; business processes will be streamlined and major efficiency gains will result. Documents, official approvals, and even signature authorizations will be available electronically. Workflow management will improve the efficiency, timelines, and accuracy of business processes. The ITS and other City department staff will benefit from improvements in software maintenance, support, upgrades, training, and even intangibles such as job satisfaction and professional gowth. 071029 jb 0072951 Page 4 of 51 2 Project Scope The following provisions are intended as an overview of the scope of work Implementation: Statement of Work (the "Upgrade" or "Upgrade SOW"). 2.1 City Of Palo Alto Users for this SAP Upgrade and Headquarters Address 250 Hamilton Avenue Palo Alto, CA A. The City will have approximately 1105 Upgrade end-users of the system; the user types and the numbers are, as follows: Profession al Limited Professional User Employee 88 200 817 2.2 Project Structure The structure of this Upgrade Project will utilize ASAP in performing the Upgrade, which will include the Project implementation in five (5) phases over six (6) months (including the Go-Live phase), as follows: One (1) month of Project Preparation - the organization~ the Project processes, and technology components will be prepared to begin the upgrade. One (1) month of Business Blueprint - this phase will focus on the design, gap assessment and tailored fit, to deliver the upgrade. Two (2) months of Realization -the primary objectives of this phase are to finalize the building and testing of the tailored design and continue knowledge transfer. One (1) month of Final Preparation- this phase will focus on preparing the business and systems for Go- Live and post-Production Support. One (1) month of Go-Live and post Production Support - the configured System will commence in a production environment, initiating the beginning of formal production support. Project Preparation Business Blueprint Realization Final Preparation Go-Live Support 1 1 2 1 1 The following functionality will be accessed and otherwise accomplished during this Upgrade SOW: 2.3 Project Functional Scope The following items are included in the functional scope of this Upgrade SOW: " 071029jb 0072951 Page 5 of 51 2.3.1 Existing Functionality to be Upgraded ® Up~ade to SAP ERP 2005 to include the following present functionalities: o Funds Management o Controlling o General Ledger o Budget o Accounts Payable o Accounts Keceivable o Fixed Assets o Purchasing o Inventory o Human Resonrces o Payroll o Plant Maintenance o Sales & Distribution o Project Systems 2.4 New or Enhanced Functionality ®Implementation of the Budget Control System (BCS) with Update Profile to the Appropriate Version (if required) ®Implementation of five (5) Adobe Interactive Forms ®Design and implementation of the custom Actual Labor Pro~am ®New GL Implementation ®Re-engineering of the Organization Management functionality in the HR module ®New ESS/MSS Implementation of Standard Delivered SAP Content, including, without limitation: SAP Component Sub Function ESS Benefits and Payment Working Time Employee Search Personal Information Core Business Processes Salary Statement (Pay Stub replication) Open Enrollment Participation Overview Leave Request Leave Request Approval Record Working Time Time Statement Clock In/Out Corrections Who’s Who Address Bank Information 071029 jb 0072951 Page 6 of 51 SAP Component Sub Function MSS Life and Work Events Work Overview Working Time Team Personnel Administration Position Profile Core Business Processes Personal Data Family Data My First Days Marriage & Domestic Partners Birth/Adoption Divorce Benefits Change Employment Status Terminate Employment Universal Work List (UWL) Attendance Overview Reminder of Dates Approve Working Times Attendance Overview Absence Days Team Calendar Headcount Headcount FTE Status Overview of PCRs Personnel Change Requests (PCRs) Status Overview of PCRs Position Description Employee Group/Subgoup Cost Distribution Holders Working Time ¯ 071029jb 0072951 Page 7 of 51 SAP Component Sub Function Organizational Units Core Business Processes Org Units Search General Description Working Time Holders Cost Distribution 071029jb 0072951 Page 8 of 51 Personnel Change Requests (PCRs) - Including Adobe Forms Provided from SAP for MSS SAP Component Sub Function MSS PCR Core Business Processes Change Employee Group / Subgroup Change Personnel Area/Subarea Change Position Change Working Time Separation Promotion Special Payment Transfer 2.5 High Level Work Plan The work will proceed in accordance with the following: A.Upgrade Axon will perform the upgrade of the SAP 4.6c System to mySAP ERP 2005 System. B.Scope of Services 1. In order to refine the Project plan for the Upgrade, Axon will undertake to perform Services and furnish any products incidental to the performance of Services during the Upgrade Project Preparation stage. The following subsections B.2 - B.9 identify the key steps to be undertaken during this stage to determine the final impacts that could result from the Upgrade: 2. A detailed analysis, using Axon tools (such as APSE) and knowledge of and experience with, existing ABAP/4 programming language programs, interfaces and standards will be conducted to determine the impact on and compliance with the targeted mySAP 2005 version. 3. Any impacts from the Upgrade will be consolidated in the categories of forced changes (required as a result of changes to the SAP R/3 architecture) or ease-of-use changes (made to improve the overall usability of the application). Ease-of-use changes will lead to the adoption of a significant change management objective as an underlying outcome that the Project must achieve in order to maximize and enhance user satisfaction. 4. The key specific considerations pertaining to the Upgrade are, as follows: Axon will ensure that if any table is ’split’ during the Upgrade, i.e. if the proposed changes to the table schema would cause inconsistency; it can continue to be made available after the Upgrade. With the City PM’s approval, Axon will technically accomplish this in a number of ways: o By creating a copy of the original table prior to the Upgrade, directing any application that uses the ’split table’ to use the copy of the table instead, and to adjust the upgraded, SAP-provided table with the copy of the original. o By creating a copy of the original table prior to the Upgrade, then adjusting the contents of copied table to the upgraded table. ¯ 071029jb 0072951 Page 9 of 5t Business Application Programming Interfaces (BAPI’s), which use direct input methods, will replace older call transactions (e.g., Batch Data Commands (BDC) programs). Axon warrants that BAPI’s will provide a more efficient means of updating and extracting data from the system, as they do not rely on screen-based data entry. Axon also warrants that within mySAP ERP 2005 a significant number of direct input BAPI’s will be made available for most business objects. The City acknowledges that SAP has ’frozen’ interfaces for BAPI’s and they are the least likely to be affected during future upgrades as transactions, screens and tables are changed. 5. Axon warrants that SAP has a large number of Business Add-Ins (BADI’s) and End-User Exits, which Axon will leverage to the maximum benefit to the City. The City acknowledges that Axon does not intend to use an SAP Modification and will not do so without consent from the City. ®Axon warrants that SAP batch processing changes can and will be addressed during the Upgrade, using several approaches, including, without limitation, standardized file handling, FTP with possible middleware, exception handling standardization, re-writing interfaces with IDOC’s (an intermediate document, which is a standard data structure for electronic data interchange for better error handling and tracking), and converting BDC’s to BAPI’s/Functions for the updating and/or extraction of data. ® Axon will identify modifications via end-user exits or custom programs using the upgrade tool to provide a list of all open and released repairs with any identified syntax errors. After the City’s technical team has compiled a list of all objects, Axon will analyze these, individually, and, if Axon determines that the object will require a modification, then Axon will document, change, and thoroughly test each object, using Axon’s detailed testing methodology. Where customizations have been replaced by standard SAP functionality, Axon will use reasonable effort to transition to the standard functionality. ® Axon will review and test Workflows by using a combination of diagnostic tools and proprietary Axon upgrade tools. Every existing Workflow will be verified as part of the overall technical gap analysis and evaluated by addressing the following questions: ¯Is the Business Object Repository (BOR), MethodfFunction Module/IDOC used in the task obsolete? ¯Has the BOR Method/Function Module interface or IDOC structure been modified in the later versions of SAP? ¯Is a BAPI-based BOR object/method available as an alternative? Axon will address the Interfaces defined in Exhibit A-2 by taking into account the overriding considerations of incorporating technology advances, as applicable. These will include, without limitation, the leveraging of new SAP functionality in interface programs and the giving of consideration to redefining batch interfaces as real-time interfaces. 6. Axon will use reasonable efforts to achieve these aforementioned goals by working closely with the City’s staff and proactively sharing its insight and knowledge in order to assist the City in improving the current capability of the SAP software system and business processes. 7. Axon will actively provide advice, guidance, and strategies to ensure the City has a robust enhanced SAP software system that will enable the City’s business operations to garner and/or improve on its return on investment in its SAP system capital investment. 8. Axon warrants that, based on its knowledge and understanding of the City’s SAP implementation schedule, with parallel development and testing systems during the Upgrade process over the course of several months, the schedule will allow Production Support and "break-fix" to continue with no interruption. After the commencement of the Production Upgrade Go-Live stage, the current development and testing systems wil! be taken offline, if the City requests that Axon take such action. 9. During the Upgrade, Axon will perform a Database extract on the current Production instance of the SAP system, which will be used to create the new development and testing instance of the SAP systems. Once Axon has installed the new development and testing instances with the current 4.6c version of SAP, an upgrade will be performed on the new SAP instances to configure all instances of the software to mySAP ERP 2005. After the upgrades are completed, the SAP systems will be turned over to the Project team to allow them to test the SAP system and make any needed changes. Also during this time if any changes are made by Production Support that get propagated into the Production system, those changes will be manually made in the new upgraded development system and testing will be performed. 071029jb 0072951 Page I0 of 51 C.IT Landscape 1. During the Production Upgrade Go-Live stage, the Production system will be upgraded using the same technical steps that have been applied, tested and documented on the Development and Quality Assurance Systems. If any changes to the systems are identified during testing, those changes will be applied, using normal Transport Management System (TMS) procedures. When the changes are applied to the upgraded Production System, the upgraded Development and Quality Assurance Systems will then serve as the Production Support landscape, i.e., be used for developing and testing changes. 2. The following diagrams show the pre- and post-Upgrade landscape: Production SAP Systems Legend I-----~ SAP Transport Route Manual Update When ~ Initialization of newDEViQA systems Pre-production Upgrade LS 071029jb 0072951 Page II of 51 Production SAP Systems ~ Post-production Upgrade LS Legend i-- -- -- ~ SAP Transport Route 071029jb 0072951 Page 12 of 51 D.Technical Scope 1. The technical scope of this implementation relates to (a) infrastructure and Basis administration and (b) the programming effort scope. 2.6 Technical Infrastructure and Basis Administration The City will dedicate to the Project its staff resources who are trained in Basis administration, and Axon will provide the following supporting roles to supplement those resources: 1)Initial Onsite SAP infrastructure planning, database copy/migration including Oracle upgrade to current version SAP supports, installation, upgrade and basic initial technical configuration of: a.2na Development ECC & Portal environment; b.2nd Quality Assurance ECC & Portal environment; c.Production ECC & Portal environment; 2)Onsite a. and remote ongoing support to the Project team during the Project such as: Non-Production and Production Solution Manager instances (configuration limited to upgrade and support packs download requirements); b.Single Sign-On from Portal to ECC; c.Transport Management System Setup; d.Output Management System Setup for the Project Team; e.User and role administration for the Project Team; f.Background/batch jobs setup; g.Administration of ALE/RFC/IDOC, Java Resource Adapter, Internet Communication Framework; h.Database administrations for all Project instances and Production instance; i.Latest (-2) Support Packages Stacks and Kernel Patches update to all Project instances and Production instance; j.Troubleshooting and Problem Analysis and Resolution for all Project instances and Production " instance; 3)Support for Other Technical Operations not included are: a.Archiving setup; b.Monitoring setup; c.High Availability strategy and implementation; d.Disaster recovery strategy and implementation; e.Backup/restore of databases and operating systems; f.SAPRouter/SAPWebDispatcher setup; g.Administration of client software; h.OS Level administration; i.SAN and local disk administration; j.Hardware maintenance; Initial guidance will be provided for the above. 4)Initial onsite or remote guidance for Security and Authorizations, including those for the organizational management planned roles; 5)Onsite support for volume and stress testing prior to the Go-Live stage; and 6)Onsite support leading up to and following the Go-Live stage. 2.7 Programming Effort A. Axon warrants that it has reviewed and understands the City’s requirements for the development of Forms, Reports, Interfaces, Conversions, Enhancements, and Workflows ("FRICE-W’) and has allocated 2,396 programming hours (1,792 for the Upgrade and 604 for ESS/MSS) (in addition to the 2,396 programming hours to be provided by the City’s resources) for a total of 4,792 total programming hours to complete the programming effort for this Upgrade SOW. As part of the Business Blueprint phase, Axon will conduct a more detailed analysis with the City; if additional FRICE - W components are mutually determined to be necessary for the satisfactory ¯ 071029jb 0072951 Page 13 of 51 completion of the Project, then the City will submit its request for additional hours and Axon’s resources will be governed by the Change Request Procedures outlined in Exhibit "H’. B. Axon will develop functional specifications for each identified and conf’Lrmed FRICE-W component. This will determine t he level of effort required to complete all of the development. Each functional specification will be assigned by the Axon Technical Lead, to either an Axon team member or a City team member for development. The allocation of objects will be based upon the size, complexity and prior experience of the developer. 2.7.1 SAP Interactive Forms by Adobe Axon will develop up to five (5) SAP Interactive Forms by Adobe; the specific forms will be identified during the Business Blueprint phase of the Project. 2.7.2 Data Conversion The data conversion will be delivered through a combination of: ®ABAP programming; ®LSMW (Legacy System Migration Workbench) scripts; and ®Manual input of data. The actual method that will be used will be dependent upon the quality and quantity of data to be converted. The process of extracting data from the existing legacy systems and cleansing/enhancing the data will be the City’s responsibility. 2.7.3 Interfaces The interfaces identified as part of this Upgrade SOW are defined in Exhibit A-2. Axon will be responsible for the SAP-end of the interface only, as well as for supervising the integration testing of the completed interface. The City will be responsible for all programmin~changes on or to the legacy or third-party system that will need to communicate to or with the SAP system. 2.7.4 Reports The Parties will complete the report conversion as part of the development budget of 4,792 programming hours. If there is not a positive balance in the development budget, the additional reporting requirements will trigger the Change Control Process (see Exhibit "H"). Training Scope A. The Training Scope includes any required re-training of the core team members for those areas that will be upgraded, as well; it will include training on new functionality implemented by the City. B. Core Team Training 1. Axon will prepare and deliver delta training to the City’s core team who are affected by the Upgrade. In addition, Axon will conduct training on any new or changed areas such as: ESS/MSS, BCS, new GL, and labor costing for the City’s core team. All courses will include hands-on examples and exercises to be used as post-Upgrade documentation. Each course will be offered once to an audience of up to twelve (12) attendees, provided that the City will furnish a suitable training location. 2. The City may supplement Axon’s training with courses from SAP’s Training & Education division in order for the City’s core team members to gain further depth of learning, where desired. 3. Axon will not be required to conduct formal training for the City’s technical team. The City’s technical team, at the City’s option, may attend training courses with SAP’s Training & Education division. 07t029jb 0072951 Page 14 of 51 3 Implementation Approach A. Consistent with Section 2.1 of the Ageement, Axon will use the ASAP’s five-phase methodology for performing upgades and implementations, as follows: ®Project Preparation ®Business Blueprint ®Realization ®Final Preparation ®Go Live and Support B. Axon will utilize its proprietary APSE toolset, as well as SAP’s Solution Manager, to manage the Project. SAP Solution Manager will be installed by the City on the City’s hardware with support from Axon during the Project Preparation stage. 3.1 Stages of the Project The following provisions summarize the key activities and deliverables of the Project. During the Project, the deliverables listed below will form the basis of the status reporting of the Project’s pro~ess. 071029jb 0072951 Page 15 of 51 3.1.1.1 Project Preparation The following activities will be performed, leading to the listed deliverables as part of the Project Preparation phase (for purposes of this Exhibit "A", "R" means the Party who is "responsible and accountable for this deliverable," "A" means the Party who will "assist" the Party who is responsible and accountable for the deliverable), and a blank may mean that a Party may not have a responsibility or duty to assist. PHASE MILESTONES ¯Prepare Upgrade Project Plans ¯Upgrade Project Procedures ¯APSE Training ¯Define Project Management Standards and Procedures ¯Define Project Documentation ¯Create Issue Management Plan ¯Define Project Planning and Monitoring Standards ¯Define Release Management Strategy ¯Determine Software and Hardware Requirements ¯Create Rough Plan for Upgrade Schedule ¯Draft End User Training and Documentation Project Plan ¯General Upgrade Preparation ¯Check Notes ¯Prepare Test cases ¯Create Test plan ¯Plan Modification Adjustment ¯Refine Schedule for Upgrade of all CCS and relevant SAP Systems ¯Plan Upgrade of Operating System ¯Plan Upgrade of Database Software ¯Plan Upgrade of Front end Software ¯Plan Upgrade of Non-SAP Software ¯Install Additional Hardware ¯Ensure Change Request Consistency in all SAP Systems ¯Ensure Customizing Consistency in all SAP Systems ¯Refine and Approve Schedule for Upgrade of All SAP Systems ¯Define Security & Authorization Strategy KEY DELIVERABLES Upgade Project Plan including project implementation strategy 2. Project Upgade procedures 3. APSE Training 4. Environment and landscape plan 5. Issues management procedure City A A A R A Axon R R A R 071029jb 0072951 Page 16 of 51 PHASE MILESTONES City Axon 6.A R KEY DELIVERABLES Test plan 7. Technical requirement planning 8. Hardware installation 9. Project Org. Chart R 12. Communication plan 13. Project meeting plan 14. Project file structure & templates 15.Document standards and naming conventions R A A A R 10. Project Office Layout R A 11. Delta trainin~presentation delivery A R R A A R A R R A 071029 jb 0072951 Page 17 of 51 PHASE MILESTONES Axon R KEY DELIVERABLES 16. Project charter 17.Current system upgade assessment report City A A R 071029jb 0072951 Page 18 of 51 3.1.1.2 Business Blueprint The following activities will be performed, leading to the listed deliverables as part of the Business Blueprint phase for the Upgrade. PHASE MILESTONES City Axon 1.A R¯Create overall view of the Productive SAP Systems ¯Analysis of the Productive SAP Systems ¯Gather information about the functionality of the new SAP Release ¯Check Release Notes and use Delta Trainings ¯Analyze and classify the use of new standard functionality ¯Assign new and changed standard functionality to the current business processes ¯Assign new and changed functionality to business processes ¯Replace own enhancements and modifications with new standard functionality ¯Analyze enhancements and modifications ¯"Change Management, Business Impact Map" ¯Create aBusiness Impact Map ¯Refine Business Process descriptions ¯Review Changes and refine documentation ¯Define Aims of the Upgrade project ¯Refine the aim of the SAP Upgrade and define new projects ¯Refine planning of the new SAP release ¯Finalize End User Training and Documentation Up~ade Strategy ¯Update End User Training and Documentation Needs Assessment ¯Define End User Training and Documentation Requirements ¯Draft Training Curriculum and Documentation Topics ¯Define SAP Training Environment Requirements ¯Finalize End User Training and Documentation Plan ¯Draft Final System Acceptance Criteria ¯Finalize Final System Acceptance Criteria KEY DELIVERABLES Document new and changed functionality mapped to business processes Business impact map 3. Business Process Master List 4.Define training and documentation requirements 5.Final end user training and documentation plan 6.Document to evaluate future initiatives 7. Finalized Testing Strategy 8.List of customizations to be replaced with standard code 9. Role based security strategy A A A R A R A R R R R A R A R A 071029jb 0072951 Page 19 of 51 10. Document Final System Acceptance R A Criteria 071029 jb 0072951 Page 20 of 51 3.1.1.3 Realization of DEV and QAS The following activities will be performed, leading to the listed deliverables as part of the DEV and QAS Realization phase for the Upgrade. PHASE MILESTONES ¯Per~brm DEV System Upgrade ¯Perform Upgrade of Front end Sofrware across all SAP Systems ¯Freeze existing SAP projects ¯Perform Installation of Prerequiske Upgrade Software Perform PREP,a.RE in DEV *Pre Upgrade DEV System Backup ¯Perform Non-SAP Software Upgrade for DEV Perform SAP Upgrade of DEV ¯Perform ABAP Adjustment ¯Perform Post Upgrade Maintenance in DEV ¯Post Upgrade DEV System Backup ¯Test DEV System Restore ¯Unfreeze DEV system for new settings and adjustmems Upgrade all Activity Groups and Authorization Profiles ¯Define Upgrade IMG ¯Create Upgrade LMG ¯Check Configuration Release Notes Perform Upgrade Configuration Check and Adapt Customer Development ¯Check and Adapt Interfaces ¯Create Create/Update Functional test scenarios Create Create~Update Technical test scenarios Perform Unit Testing in DEV Export New Change Requests from DEV System ¯Upgrade and Test Quality Assurance System (QAS) Perform QAS Upgrade ¯Perform Installation of Prerequisite Upgrade Software ¯Perform PREPARE in QAS ¯Pre Upgrade QAS Back’up ¯Perform Non-SAP Software Upgrade for QAS ¯Perform SAP Upgrade of QAS ¯Perform Post-Upgrade Maintenance in QAS ,Import New Change Requests from DEV to QAS Post-Upgrade QAS System Backup Upgrade all Activity Groups ~d .Authorization Profiles ¯Test QAS ¯Conduct Functional Upgrade Test ¯Perform Technical Upgrade Tests ¯Re~qew and Approve Upgrade Test Update End User Training and Documentation Upgrade Content ¯Develop Course Outlines for upgrade-specific changes Revise End User Documentation ¯Revise End User Training Coment Validate SAP Training Environment functionality Develop Training Logistics Plan City Axon 1.R A KEY DELIVERABLES Upgrade DEV ECC, install DEV Portal system Upgade QAS ECC, install DEV Portal system 3. Functional test scenarios 4. Complete functional upgade tests 5. Technical test scenarios 6. Complete technical upgade tests 10. Update end user documentation to reflect changes Develop training course outlines to educate the user base upon the changes Develop end user training material to highlight changes to the upgraded system Update system documentation on all changes required by the upgade R A R R R R R R R R A A A A A A A A 071029jb 0072951 Page 21 of 5t 11.Most current SAP GUI deployment strategy 12. Develop training logistics plan R R A A 071029jb 0072951 Page 22 of 5t 3.1.1.4 Realization of Production Client The following activities will be performed, leading to the listed deliverables as part of the Realization of the Production Client phase during the Upgrade project. PHASE MILESTONES ¯Conduct End User Upgrade Training ¯Implement Training Logistics Plan ¯Conduct End User Training ¯Evaluate Training Effectiveness and Implement Improvements ¯Perform PRD System Upgrade ¯Perform Installation of Prerequisite Upgrade Software ¯Perform PREPARE in PRD ¯Pre Upgrade PRD System Backup ¯Perform Non-SAP Sin%rare Upgrade for PRD ¯Perform SAP Upgrade of PRD ¯Perform Post Upgrade Maintenance in PRD ¯Import New Change Requests from DEV to PRD ¯Post Upgrade PRD System Backup ¯Adaptation of SAP profile parameters for optimal performance ¯Perform Monitoring during Turnover in PRD ¯Unfreeze existing SAP Projects ¯Upgrade all Activity Groups and Authorization Profiles KEY DELIVERABLES 1. Deliver End user upgrade training Upgrade Production ECC, install DEV Portal system 3. Upgrade Authorization profiles City Axon R A R R A A " 071029jb 0072951 Page 23 of 51 3.1.1.5 Go-Live!Stabilization The following activities will be performed, leading to the listed deliverables as part of the Go-Live/Stabilization phase during the Upgrade. PHASE MILESTONES ¯Provide Production Support ¯Direct Problem and Issues ¯Manage and Resolve Problems ¯ConfLrm Live Environment ¯Going Live Technical Upgrade Check KEY DELIVERABLES 1.Evaluation of production system performance 2. Future solution enhancements 3. Final System Acceptance City R R R A 3.2 Final System Acceptance The Parties will plan and execute a thirty-day final system acceptance (FSA) testing and review. Axon will facilitate the execution of the fifteen-day FSA to start no later than thirty (30) days following the date of Go-Live of the System. The City will conduct the FSA by itself. If the System has met the FSA criteria defined in the Blueprint phase, it will be deemed to have met the City’s criteria for System performance and will meet the final deliverable, FSA, noted in Section 3.1.1.5, for the purpose of sign-off requirements. The City will notify Axon of its acceptance of the System or of any deficiency or non-conformity within ten (10) days following completion of the FSA. If Axon does not receive this notice within ten (10) days, the City will be deemed to have accepted the System. If the City notifies Axon, in writing, within ten (10) days of the completion of the FSA, of any Axon-provided component that the City, exercising its reasonable discretion, determines to have failed to meet the criteria developed in the Blueprint process, Axon will assess the component and any related parts necessary and, at the request of the City, facilitate the replacement of the non-performing component at no cost to the City in order to meet the stated level of effectiveness. Upon the successful completion of the FSA, the City will release to Axon the Final Payment then due and payable. 3.2.1 Final System Acceptance Criteria The list of mutually agreeable FSA criteria will be defined during the Blueprinting phase and set forth in the Acceptance Criteria documentation, which will be used by the City during the FSA: 071029jb 0072951 Page 24 of 51 #.Example Final Systetn Acceptance Criteria Business processes identified during the Business Blueprint phase have been successfully configured1and tested. User security profiles are operational and effective. The Go-Live and Support will provide an 2 opportunity to review SAP roles, consolidate redundant roles and make security improvements to existing roles where required. All hardware, operating software and system components purchased have been successfully installed3and tested and function in operational mode. All support operations have been transitioned from the Project Team to the Customer help desk4infrastructure. 071029jb 0072951 Page 25 of 51 4 Project (Program) Organization 4.1 Core Team Structure The Project will be structured, as follows: ®Project management ®Functional Team ®Change/Training Team ®Technical Team. PALO ALTO & AXON STEERING COMIVEFTEE iProject spo,sor i Functional Team ~o~ ~ Ch~ing i~!t Quality 4.2 Time Requirements The Parties acknowledges that the successful SAP implementation for this Upgade SOW will require the Parties’ fLrm commitment to make available their core teams for the duration of the Project. The following tables represent the Parties’ anticipated staffing requirements, which may vary as progress on the Project is made. 071029jb 0072951 Page 26 of 51 o0~oo00 00o0~,~ ........~~ 0 ~0 Oi~~,~~0 00~00 ~000 Time Requirements for Non-team Members A. The Design, Testing and Training phases of the Project will require periodic time commitments from other individuals from the City’s personnel, who are not identified as part of the City’s core team. The commitments will be one-half day to one-day in duration, and may include: ®Design input from SMEs on specific detailed requirements that cannot be articulated by the core team (Involvement of this nature is most likely to occur during the Blueprint or Testing phases); ®Communications and awareness events; ®End-user training; and ®End-user testing. B. Axon will provide seven (7) days’ prior notice, in writing, for such events. 4.3 Roles and Responsibilities A. The provisions below summarize the roles and responsibilities of each Party’s Project team members. The Parties’ teams will coordinate efforts as a single, jointly-managed team whose goal is to achieve a common set of objectives of the Project. B. City Resources The following table outlines the responsibilities of each of the Parties’ Project team roles (see chart in Section 4.1) City of Palo Alto Resource Responsibilities Project Steering Committee Project Manager IT Project Manager Project Office Own the Vision ¯Provide direction to the project and ensure that best practices are incorporated ¯Committing the required resources to the project ¯Monitoring the progess and the organizational impacts of the project ¯Empowering the core project team to make decisions ¯Resolving escalated issues - Rapid issue resolution e.g. within 3 working days ¯Agree policies for Change Management, Communications and business direction ¯Actively promote the project internally and externally ¯Approve requests for development work to existing systems ¯Ultimate decision making authority Deliver the Solution ¯Owns project deliverables ¯Manages Project budget & implementation plans ¯Management of & accountability for Project Scope & Deliverabtes ¯Acquisition, assignment & ongoing management of project resources ¯Status Reporting ¯Liaison with the Council Senior Management ¯Issue escalation ¯Communicate & champion the project vision ¯Represent the Project within the Project Board ¯Manage the day to day activities on the project ¯Manage resolution of business change issue ¯Provide direction on Project Communications and the Business Education Progam ¯Be accountable for the commercial relationship with external organizations ¯Ensure business issues are resolved in a timely manner ¯Ensure necessary resources are available Deliver the Solution ¯Similar to the Project Manager, the IT project manager manages Project Scope & Deliverables with an emphasis on the technical deliverables Support the Project ¯Support project management ¯Planning and co-coordinating the logistics of all meetings and workshop ¯Creating and distributing minutes of all meetings 071029 jb 0072951 Page 30 of 51 City of Palo Alto Resource Responsibilities ¯Aiding in the communication of project status ¯Administer project toolsets ¯Co-coordinating and maintaining project documentation ¯Assisting in day to day management of the project plan ¯Day-to-day tracking of issue resolution ¯Manage time sheet and Invoice Registers ¯Update budgets ¯Production of project documentation, presentation materials and project communications Prepare the Business ¯Lead the business change Program ¯Manage the change team and change deliverables ¯Define high level change strategies and plans ¯Create a Training Needs Analysis (TNA) to drive the training portion of the program ¯Identify and educate key stakeholders ¯Facilitate resolution of identified change issues ¯Plan and manage business readiness ¯Plan and manage end-user training courses ¯Prepare business for cutover Own the Process Design ¯Champion To-Be process vision ¯Lead integrated design ¯Manage process scope ¯Obtain buy-in from both the business process owners and users ¯Manages execution of unit, integration and user acceptance testing ¯Resolve all issues assigned to the business function including change management issues ¯Ensure communication with, and resourcing from, the business community and group ¯Sign-offthe design, approve and release the software for implementation Deliver the Technology & Support Organization ¯Design system architecture ¯Design support organization ¯Deliver support organization ¯Confirm security compliance ¯Define technical acceptance criteria ¯Specify key system components ¯Establish and support the system environments ¯Support team technically ¯Co-ordinate implementation oflocat infrastructure Support tlt e Solution Desigt~/Implementation ¯Define the process design ¯Validate process design ¯Identify local gaps & issues ¯Support resolution of identified gaps & issues ¯Support data migration activities ¯Data cleanse ¯Support interface development and testing ¯Test preparation including: o Identifying processes, transactions and data to be tested o Create test scripts to exhaustively test all processes and variants o Managing expected results versus actual results o Analyzing reasons for differences o System Testing o Support training development & delivery o Develop business procedure documentation o Identification of change management implications o Provide 1st line expert user post go-live support Prepare the Users The role of the Change Enabler/Training Analysts may be played by a sub-set of the SMEs or additional Trainin~Change Lead Workstream Owners Technical Lead Subject Matter Experts (SMEs) Change Enablers / Training Analysts 071029 jb 0072951 Page 31 of 51 City of Pal® Alto Resource Legacy Analyst Security & Authorization Lead Basis Manager Responsibilities resources may be drafted into the project team ¯Identify and deliver business change actions ¯Deliver Organizational impact assessment ¯Deliver job impact assessment ¯Redefine roles to reflect new processes ¯Manage change issues ¯Support the business in job to role mapping ,,Create role based materials ¯Support communications delivery ¯Manage the printing and distribution of training material ¯Prepare training rooms ¯Update APSE with attendance and evaluation documentation Integrate the Solution The role of the Legacy Analyst may be played by a sub-set of the IT staff involved with the project or additional resources may be drafted into the project team ¯Analyze legacy systems architecture ¯Identification of Interface Strategies ¯Development of Data Migration Strategies ¯Development of te=acy data extraction utilities ®Development of legacy-side interface components ®Development of interface mappings ®Interface Unit Testing (~Develop reconciliation approaches Secure the Solution The role of the S&A Lead is primarily focused on ensuring that the delivered solution can be accessed securely and all activities are logged and auditable, tt is also highly desirable to ensure that the Segregation of Duties framework is in place. ®Work with SMEs to ensure Process Flow Diagrams are up-to-date in order to build authorization roles ®Work with Change Enablers to ensure that users are identified to be mapped into roles. ®Build and test authorization roles ~Authorization roles and user administration Administer the System Manage project systems environment including full promote to production path Establish and support the system environments Support team technically including: Manage project toolset Database management Conj~guration recommendations Re-Organization Space management Archiving process System performance monitoring Secztrity administration Manage OSS access & OSS Note status 071029 jb 0072951 Page 32 of 51 C. Axon Resources The following table outlines the responsibilities of each of the identified team roles (see Section 4.1) Axon Resource Project Manager Workstream Lead Application Consultants Responsibilities Deliver the project Overall management of project activities Define & Communicate Project Vision Champion Project Methodology Engage Project Stakeholders Manage Issue Escalation Process Manage Project Risk Register Manage and achieve project deliverables and milestones Ensure overall project quality, co-ordinate quality reviews Manage project budget Manage project resources and plan Manage project infrastructure Schedule and execute project management and workstream lead meetings Management reporting and steering committee meetin~ Own the To-Be process vision fully mapped to SAP Ensure Business Area level sign-offof developed process vision Delivering the integated systems, process and business change solution for the workstream Represent the Program with business area executive and first-line stakeholders Ensure that the process and reporting design supports benefits enablement Champion To-Be process & role vision including developed design Ensuring business process & SAP design meets business needs and supports enablement of business area vision Ensuring business change and benefits enablement are driven through all workstream deliverables Manage process scope Champion best practices with the business Co-ordinate workstream-level solutions delivery and change stream daliverables Obtain buy-in to the process vision from business key stakeholders, process owners, users Identify transactional reporting requirements and drive high level report design Resolve all issues assigned to the business function including change management issues Manage execution of unit, integration and user acceptance testing Ensure effective communication with, and resourcing from, the business area community Sign-offthe design, approve and release the software for implementation Facilitate Weekly Workstream Status Meetings Promote the Progam throughout the Organization Management ofworkstream members personal development Report status Application consultants will be engaged to assist with process testing and any design changes needed. Application consultants will be engaged at specific times within the project to cover off areas that can not be handled by the core team (as a result of bandwidth or specific process "knowledge) Design processes to support confirmed process strateg3’ within SAP standard functionality Advise functional leads, business change architects & solution management on SAP best practice Design business processes Ensure the system design supports business requirements Configure SAP Document Design Document, resolve & escalate issues Transfer system knowledge to project team members Support change team including: Project Team Training Job impact assessment Training solution development 071029jb 0072951 Page 33 of 51 Axon Resource Developers ® Technical Architect Responsibilities Communications & Involvement Benefits identification & enablement Support data ruination & management team Support Interface Development Develop identified FRICE-W objects Develop data upload routines Assist in testing SAP interface components Support application Consultants Apply OSS fixes Support the City in the Install, Database Copy & Upgrade strategy Support the City in defining the SAP Change Management strategy Support the City in defining the Client Management strategy Support the City in defining the Solution Manager usage strategy Support City BASIS and Guide Security staff in the implementation of database copy/migration, installation, up~ade and basic initial technical configuration of o 2nd Development ECC & Portal environment o 2nd Quality Assurance ECC & Portal environment ~Production ECC & Portal environment Provide ongoing support for o Install and configuration of Non-Production and Production Solution Manager instances (configuration limited to upgrade and support packs do~aload requirements) o Single Sign-On implementation from Portal to ECC o Transport Management System Setup o Output Management System Setup for the Project Team o User and role administration for the Project Team o Background/batch jobs setup o Administration of ALE~C/IDOC, Java Resource Adapter, Intemet Communication Framework o Database administrations for all Project instances and Production instance o Latest (-2) Support Packages Stacks and Kernel Patches update to all Project instances and Production instance. o Troubleshooting and Problem Analysis and Resolution for all Project instances and Production instance Onsite support for volume and stress testing prior to Go-Live 071029jb 0072951 Page 34 of 51 5 Assumptions The Parties acknowledge and agree that they have employed assumptions regarding the level of staffing effort to perform the Services included in this Project. The following assumptions in the Implementation, Staffing, Technical, and Training categories are made: 5.1 Implementation Assumptions ®The City will commit to implementing SAP "Best Practices" in order to minimi7e or eliminate the need for time-consuming and costly customizations. In that regard, the City will commit to implementing a common set of technology-enabled "best practice" business processes and associated functionality throughout the organization. The City will use best efforts to inhibit and prevent the continuation of native processes based on prior practice and custom. ®The framework of the desired SOW/scope of work for the Project will be conf’Lrmed during the Business Blueprint phase and approved, in advance, by the Steering Committee. The Business Blueprint document at the time of its adoption will govern the scope of the Project. ®The City’s senior management team is supportive of the Project, and it will establish a committee to oversee the Project which committee will include Axon’s Engagement Manager ("Axon EM"). ®The City recognizes that other City projects that may compete for resources and a Steering Committee member’s time may be a risk and a challenge to the Project team and the Project’s success. The City will ensure that reasonable and appropriate actions will be taken to avoid, as practicable, any negative impact to the Project’s schedule, staffing, and costs related to any other competing projects. ®The City understands the Project’s scope and timelines and agrees to communicate and adhere to them through its staff and otherwise set the proper expectation level. ®The City acknowledges that prompt decision-making processes and problem resolution practices must be observed in order to complete the Project within the time frame and budget established for this Project. ® The City will provide Axon’s staff with reasonably necessary access to all City facilities, systems, information and staff in order that Axon may perform the Services and complete the Project. Where these facilities, systems, information or staff are managed or held by third parties, the City will endeavor to ensure that appropriate access rights for Axon are obtained from the third parties. ®The City will coordinate and conduct the System testing and user acceptance testing with Axon’s assistance. 5.2 Staffing Assumptions ®Axon will staff the Project with the agreed-upon number of qualified SAP staff resources consistent with the needs at any phase or stage of the Project. ®Axon will not establish a price for a training or change manager during the Upgrade of the Project, because the City’s staff resources will perform these tasks. Axon will provide templates for use by the City’s staff as well as the City’s change resources and Axon will provide guidance during the Project for change management activities. ®The City will staff the Project with the agreed-upon number of personnel who have an understanding of the City’s existing operations. The City wil! dedicate staff to the Project on a full-time basis. ®The Parties’ Project team members will be collocated at the same site for the duration of the Project. ®Any early release of a staff resource shall be subject to the necessary work transition requirements, and such transition shall be made to an individual possessing comparable job qualifications and work experience. ®Axon’s personnel will work a four-day/forty-hour week, Monday through Thursday, at a minimum schedule, or other schedule mutually agreed to by the Parties. ®The Parties will endeavor to commit personnel resources to work overtime hours (as and when the Parties deem it reasonably appropriate under the circumstances) in order to complete the Project deliverables and to comply with the established Project timelines. ®The City will empower its Project team members to make operational decisions, especially as they relate to process changes. ®The City will perform the Basis administration, security and authorization components of the Project with the advice and guidance of Axon’s Technical Lead. 071029 jb 0072951 Page 35 of 51 ®The Parties’ Project team members will be expected to take normal vacation and holiday days, as well as be absent for authorized training, throughout the course of the Project. The Project management team will be reviewing staffing requirements to determine whether or not excessive absentees are occurring. ®The City will make available to Axon facilities for Axon’s personnel while they are on-site in Palo Alto, including: office space and supplies; outside network connection; individual access to e-mail and voice mail; and administrative support as and when required (i.e., large volume copying or word processing). ®The City will ensure that Axon’s staff is afforded reasonable access to all City sites and third party partner locations. ®The Axon PM will not be assigned to another project during the course of this Project without the prior written consent of the City PM. 5.3 ® 5.4 ® Business Change Assumptions The City’s senior management is supportive of the Project’s implementation and will establish a Steering Committee for overseeing the Project. This Steering Committee will provide visibility to the City’s management as to the status of the implementation, and it will include the following members: o City’s Project Sponsor [Lalo Perez, as of the Effective Date, or designee] o Axon’s Project Executive [Stephen Wilkes, as of the Effective Date, or designee] o Other City executives and key stakeholders, as appropriate (e.g., Directors of Utilities, Administrative Services, and!or Public Works). The Steering Committee is the ultimate decision-making body, except as otherwise provided in the Agreement, and it will approve all escalated Change Control items within governing approval levels. The City’s senior management will provide appropriate executive level sponsorship such as committing the City’s resources, and they will participate in Project-related communications events as part of the overall Project change strategy, such as Project updates and new City-wide initiatives for ESS/MSS. The City will ensure that an appropriate support organization including staff and a help desk to manage the SAP upgraded system in the post Go-live environment is established prior to the Solution Go-live stage and that this support organization will be able to assume responsibility for on-going support of the delivered solution following the hand-over from the Project team. Technology Assumptions The City will procure and host the technical SAP environment (Development, Test, Training, Production) that the Project resources may require to perform the implementation. The SAP client strateg3,, network infrastructure, security profiles, transports and any other related SAP Basis administration support will be provided by the City with support from Axon. ®The City will procure all hardware servers, infrastructure and software required for this Project in the timeframe established in the Project plan. ®SAP version 2005 will be installed and made available to the Project team at Project commencement, with advice from Axon. ®The City will be responsible for providing the host LAN and SAP access to all Project resources. ®The number of fully functioning workstations will be provided at the start of the implementation for Axon’s use; the number will be determined by the Parties prior to execution of the Agreement, as practicable. ® The City will be responsible for ensuring that the network and operational infrastructure are appropriately- configured, adequately-sized, and functioning properly. These specifications will be designed to meet the performance, reliability, and service levels required to support the new configurations. ®A VPN tunnel to Axon’s data center in Jersey City, NJ will be created by the City to allow Axon’s SAP systems to be visible from the Palo Alto project site. 5.5 ® Process Assumptions The Parties will endeavor to promptly engage in decision-making and problem resolution in order to achieve an on-time, on-budget Project completion. The Parties will endeavor to make decisions and resolve issues within two (2) days after the decision to be made or issue to be resolved is identified by the Parties. The City will use reasonable efforts to make all decisions within two (2) days of being presented with an issue. To the extent that 071029jb 0072951 Page 36 any decision to be made or issue resolved by the City in the two-day timeframe cannot be made, the City will endeavor to make a decision or resolve an issue with a five-business day maximum timeffame. If the timeframe is not met, then the Project schedule may be impacted. The Parties acknowledge that these are not change order-type decisions which will require the approval of the Steering Committee and, potentially, board and!or Council approval. Where decisions cannot be made by the defined Project structures, decisions will be submitted for resolution to the Steering Committee. Where decisions cannot be unanimously agreed upon by the Steering Committee, the Axon representative to the Steering Committee may provide input, provided, however, the ultimate decision will be made by the City’s member(s) of the Steering Committee. The City will review the Project deliverables and the sign-off or approval of the deliverables will be issued in accordance with the agreed-upon FSA criteria defined during the Blueprinting phase (see Exhibit A-l). The City will endeavor to avoid "scope creep" which the Parties agree could extend the Project’s implementation time schedule. The City will endeavor to minimize or decline any number of requests for additional functionality that the City determines in good faith are outside of the agreed-upon scope of the Project, unless the Parties agree that additional levels of additional staff resources will be made available to the Project to address the requests. The City will notify Axon of any change that may lead to a change in requirements, scope or approach. Axon will use its ASAP-certified Synapse methodology, thereby leveraging its best practice tools and templates. The Project will utilize the APSE project documentation repository for the management of the Project deliverables and the status thereof and transfer all relevant information to Solution Manager. When the Parties determine that it is reasonably appropriate to do so, Axon’s staffmay work from its offices or other suitable off-site location. 5.7 ® Interfaces and Conversion Assumptions Axon will provide resources as noted in Section 4.2 (FRICE Developer) to perform data conversion and interfacing activities. The City will provide trained staffto perform FRJCE-W activities. All changes to legacy systems to enable effective data conversion or support identified interfaces will be performed by and managed by the City’s staff or third parties retained by the City. The City will be responsible for all data extracts from its legacy systems, data cleansing, enrichment and the population and provision of upload files. The City will provide qualified staff resources to perform the identified data cleansing activities necessary for the successful data conversion in accordance with the Project time schedule. The City will perform any and all manual conversions and/or additional data acquisitions. Interfaces that the Parties anticipate are identified in Exhibit "B-2": Interfaces. The City will provide or will caused to be provided staffing resources who will modify its legacy systems for interfaces to SAP; Axon will not modify the City’s legacy systems in conjunction with this Project. The City will be responsible for all interface work to its existing legacy systems, and Axon will be responsible for all interface work to SAP. For external agency systems, the City will coordinate efforts with third parties as such efforts relate to systems. Axon will be responsible for the SAP data import or export a portion of all interfaces. The City will be responsible for its legacy systems data import or export portion of all interfaces. Training Assumptions The use of RWD Productivity Pak (RWD) will be utilized for training development. The City warrants that it has licensed RWD from SAP and will have the necessary RWD-trained staff resources to utilize this product. Axon will provide a "Train-the-Trainer" approach and methodology to complete the End-User Training. The City’s personnel will develop and conduct the training courses for its End-Users with the support of Axon. 071029 jb 0072951 Page 37 of 5! ®The City warrants that it possesses the facilities and will provide the necessary logistics support for all training sessions, including: class schedules, meeting rooms, training rooms, material reproduction, overhead projectors, training workstations, and any other reasonably necessary training supplies. ®The City will ensure that its End-Users who are contemplated in this Section 5.7 attend the training sessions. ®SAP-related Project team training at SAP’s training facilities will be excluded from consideration by the Parties. If SAP training is required, this will be determined by the Parties during the Project Preparation phase and before contract execution. 5.8 ® Programming Assumptions Axon has reviewed the City’s preferred requirements for the Project and accordingly has priced the development effort required for all FRICE-W elements. Axon will further review and refine the pricing estimates during the discovery process before contract execution. During the Business Blueprint phase, the City will further determine which of the City’s business processes and functions can be met with either configuration of those standard SAP functions and which of the functions will be customized to meet the City’s unique needs. Axon will staff the Project with all reasonably necessary personnel development resources and will define an appropriate number of personnel development resources and hours to be assigned by the City to assist Axon in meeting all of the FRICE-W elements. These allocated hours will be used for the development of FRICE-W (including Portal development), and Workflows. Axon will determine the FRICE-W elements which will be customized to meet the City’s business requirements; provided, however, either the City will determine initially the desirability of customization or it will accept the standard available capabilities of the SAP Software. The City will also provide trained staff resources to add to the FRICE-W elements’ pool of available programming hours. The City’s programming (e.g., ABAP/4) staffing resources will be included in this Upgrade SOW. 5.9 ® ® ® ® ESS/MSS Assumptions The Organizational Management redesign project will take into account the chief position relationship, which is an SAP ’best practice’ in that it will require that every manager must have a chief position relationship in the organizational structure for structural (organizational)-based authorizations, allowing those managers access to read and change the appropriate infotypes in the SAP-HR system for their employees. No custom infotypes other than 9001 and 9 !70 exist in HR. The portal will be in Internal facing portal. One open enrollment period per calendar year for benefits (health, dental, life, etc.) will be allowed. Infrastructure items that will not be accounted for in this Upgrade SOW include: NWDI - NetWeaver Developer Infrastructure: Because the City will accept the SAP-delivered content for the implementation, NWDI will not be needed BI/BW - Business Intelligence/Business Warehouse E-Recruiting TEM (Training / Event Management) Travel Management Compensation Management 071029 jb 0072951 Page 38 of 51 6 Project Management Processes The Project’s management processes represent the detailed project management and control processes that will be adopted by the Parties during the Up~ade and implementation. 6.1 Project Management Tool Axon will provide the APSE. This is a web-based tool which will be made accessible to the Parties’ Project team members. Key project management processes that APSE will enable include: (9 Deliverable status management; ®Deliverable review & sign-off; ®Issue & Risk Management; ®Training Scheduling; ®Communications Management; ®Business Case Management; ®FtLICE Management; and ®Testing Management. Axon will provide the APSE free-of-charge to the City during the Project. Axon will also provide APSE user training for the City’s Project team members. All relevant information in APSE will be copied by Axon to the Solution Manager. 6.2 Project Controls The Project will adopt the following status reporting processes to control the Project’s progress and identify and prioritize any issues that may arise. 6.2.1 Project Plan and Status Tracking The PMs will have responsibility for developing a detailed Project plan for the implementation. Pro~ess made under this plan will be tracked by Axon based on objective criteria to assess whether the Project is on-track and whether it is reasonably necessary for Axon to identify and initiate any corrective actions. Examples of objective status tracking criteria include: ®Design phase - % of design issues c!osed, number of specifications written; ®Build phase - % configuration matrix targets met; ®Test phase - % test scripts successfully executed; ®Go-Live - number of users completing training classes; and ®Support- number of Go-live issues closed. 6.2.2 Weekly Status Report The Parties’ functional, technical and change teams will be required to jointly produce a weekly summary status report, which will include information regarding the following: ®Progress on each planned deliverable and task in current period; ®Any issues arising and containment plans; ®Any change in impact/probability of risks; ®Any change requests arising; ®Dependencies on other work-streams / projects and current status; and ®Plans & deliverables for coming period. 6.2.3 Other Project Controls ®Budget Control - Axon will support the City in reporting on the travel expense details outlined in this Upgade SOW. 071029 jb 0072951 Page 39 of 51 Risk Management - The Parties will jointly maintain a risk register to keep track of risks, their potential impact and probability, and the status of any mitigating actions. The PMs and the Steering Committee will periodically review the list, identifying any new risks, or existing risks with changed impact/probability and review mitigation plans, as necessary. External Dependencies - for all of the other City projects and programs, the City PM will identify and actively manage key milestone dependencies in coordination with the teams of the corresponding projects. Change Control - all material changes to the agreed-upon scope, timelines or resource requirements will be subject to the Change Control Process outlined in Exhibit "H". Project Planning - The Parties will jointly maintain an implementation plans containing all Project milestones and planned activities together with the agreed-upon dependencies between these activities. A project plan will be maintained in Microsoft Project software. Contract Management - The PMs will meet monthly to review the Upgrade progress made in accordance with the terms and conditions of the Agreement and this Upgrade SOW. All of the above controls will form the basis of the input to the weekly Project management meeting. Once a month, these reports will be included in a report to the Steering Committee ("Project Status Report".) 6.3 Issue Management Process Process Overview The PMs will institute the following issue management process to identify issues as they may arise, and keep track of their progress through resolution in a timely manner. Issue or Change Identified Enter ~ PrimaryDetails on Owner Team Issues Log Reviews log Key ---]Issue Instigator (ALL) ---]Primary Owner (Team) [--’-I Issue Owner (Team Member) []Program Mgt / Steering Group Issues Review Meeting No Assign Owner Assign Owner ResolutionProcess t Obtain e~dershi~ ~ ReqUest/ ~ Governance Bodies Close Issue &record Close Date Assign Owner Issue Resolution 071029 jb 0072951 Page 40 of 51 Escalation Procedure The following escalation procedures will apply whenever an issue cannot be resolved the Workstream Lead or the PMs in a timely manner, and whenever risks could impact the Project’s times schedule or costs. All issues that are escalated must be accompanied by options, implications and a recommendation. Type of issue Policy Design Scope Technical Escalation Path 1.Workstream Lead 2.Project Managers 3.Steering Committee 1.Workstream Lead 2.Project Managers 3.Steering Committee 1.Workstream Lead 2.Project Managers Office 3.Steering Committee I.Technical Workstream Lead 2.Program Management Office 3.Steering Committee The numeric sequence associated with each escalation path will indicate the order in which an issue will be considered by the respective governance body for resolution. Change Control The Change Control Process will be used whenever the escalation of any issue below will lead to a change in: ®Project Scope (business processes or SAP Module and Components required); ®Project Duration (Schedule) and associated Milestones; ®Project Resourcing levels; or ®Project Deliverables. See Exhibit "H" for a description of this process. 6.4 Quality Assurance Process Axon will be primarily responsible for ensuring that the Quality Assurance process and the quality plans are in place for the Project management and solution deve!opment in accordance with industry standards. Axon will be responsible for ensuring that all deliverables attain the required level of quality to ensure the successful completion of the Project and the acceptability of the deliverable. The Project’s Quality Assurance criteria stated below provides the framework for ensuring that the quality objectives are established and met. 6.4.1 Purpose and Objectives The Parties agree that the goal of the Project’s Quality Assurance is to secure the required quality and client satisfaction. The over-riding purpose is to ensure that: 1. Quality standards will be established, in advance, and will be clearly defined and capable of being understood by the Parties’ personnel, who will be directly responsible for the completion of the Project; 2.All delivery processes and mechanisms will be clearly identified and understood, and they will include defined outputs and quality checks; 071029 jb 0072951 Page 41 of 51 3.A high quality, flexible solution will be developed. 6.4.2 Quality Management Approach The Parties agree that the Project’s objectives will include Quality Assurance as an integrated element of the Project process and will not be a series of optional ’bolt-on’ components. The key elements of this approach are, as follows: ® Integration: Ensures a critical path has been defined for the overall Project’s scope of work; defines the 3-5 major themes around which the Project can be aligned; ensures a balance between research, analysis, planning and doing; focuses on educating all Parties’ Project team members in the key goals and objectives of the Project. ® Mobilization: Entails a clearly articulated strategy of events to involve all Parties’ Project team members; focus on the cycle of change as the driver for improvement; Project team members understanding of their role as change agents ® Communication: The Parties’ Project team members will be identified before the Project commences; a strategy will be created for consistent communication messages; full use made of communications mediums (reports, newsletters, meetings, etc.); metrics will be developed to measure communications effectiveness ® Project Sponsorship: The City will develop clear expectations with senior management; the sponsorship role will be def’med; a f’Lrm commitment will be clearly demonstrated through actions; personal role-modeling of required behaviors and actions will be developed. ® Team Enablement: Entails the definition of skills and competencies of the Parties’ Project team members; a clear mandate will be given by the Parties to its teams; a common expectation of what success is for each Project team will be developed; the appropriate leadership of the Parties will be in place; a common view of the team model will be used ®Roles and Responsibilities: The Parties will jointly develop the roles that can be understood by sponsors, teams and support mechanisms; Axon will develop established procedures for resolving issues; the Project team members’ roles and responsibilities will be identified in the Project’s charters and mandates to be completed during the project ® Project Planning: A holistic view of the Project aims based on agreed-upon objectives will be adopted; the proven charter, the milestones and a review of the mechanism in place can occur during the approval processes agreed-to in advance for Project recommendations; ownership of the integration process will be undertaken by the Parties. The above will serve to highlight the importance of ensuring the inputs to commence the Project will be professionally managed. Stated below are the key components of the ongoing Quality Assurance approach that the Parties will employ. 071029jb 0072951 Page 42 of SI Quality Component Description / Terms of Reference Individual Team Member Accountability Axon and/or City Audit Each team member is accountable for the quality of the deliverables on which they work and must ensure that all activities conform to the agreed Program Quality Standards Axon and!or City audits are focused around a health-check of the program itself (rather than technical quality assessment), and engage key executive stakeholders for their perspectives on program performance and program status. For the City program, we would propose conducting these at the end of Desig-n and Go-Live for each Phase Formal contract review A series of formal monthly contract reviews.meetings A set of meetings and processes to ensure that the Program is delivered on time, toProject Governance budget and to the agreed scope and quality. Defined processes enabled though the use of a formal project management toolset,Risk management and issue either the APSE or a similar tool, which provides the correct balance of projectmanagement processes control and efficiency to ensure quality delivery. Project Documentation Either APSE or similar tool, shall act as a repository of all project documentation Database (both Desig-n and Project Management). Scope control process Clear processes enabled, with a supporting toolset, to ensure quality. 6.4.3 Partners In Quality The most visible component of Axon’s approach to Quality Assurance is the Parmers in Quality (PIQ) reviews that will take place at the agreed-upon times within the Project scope of work. A PIQ plan covering the duration of the Project will be produced as part of the Project Preparation phase 071029jb 0072951 Page 43 of 51 7 City-Provided Assistance The City will provide the assistance below to Axon to enable Axon to provide the Services and meet its obligations under this Ageement. In the event that the City fails to provide the required assistance, the impact, if any, will be assessed by the Parties and an appropriate change request will be issued to reflect the likely impact on the cost, scope or timelines of the Project. The City will generally provide or secure: ®The Project infrastructure; ®Secure remote access to the City’s facilities which Axon’s Project team members will occupy; ®The required sot~ware licenses issued by SAP; ®Other information and assistance as may be reasonably requested by Axon; and ®The office space and furnishings. All items are outlined in detail below. 7.1 City-Provided Project Infrastructure The following table is indicative of the hardware specifications that will be required to support the Parties’ Project team members. If an item is "required," then it will be required of all Project team members; if an item is marked "developer", it will be required only for developers and technical architects working on the Project: Component Required/ Developer Pentium 4 CPU 2 GHz Required 1 GB RAM Required 50 GB DISK Required 2 GB RAM Developer 071029 jb 0072951 Page 44 of 51 The following table provides a breakdown of the required capabilities of each of the Project’s team member’s PC: Component Required / Capable of running all software components listed below Capable of connecting to the City local area network Capable of connecting to the City email & calendar facilities Connected to any project repository or file share (e.g. network drives) Connected to SAP development environment Connected to a project printer Capable of connection to Internet, or the following named sites: ® http:!Avww.sap.com ® http:/!service.sap.com ® http://sdn.sap.com ® https://www.axonradio.com ® https://www.axonglobal.com ® http://us.outlook.axonglobal.com ® Other sites as requested as necessary to carry out Axon requirements under this agreement Capable of displaying a minimum resolution of 1024x768 Local administrator rights / local registry rights Developer Required Required Required Required Required Required Required Required Developer The City shall make available to Axon personnel desktop PCs or laptops, as is reasonably necessary and appropriate for them to deliver the Project, and to otherwise fulfill obligations under this Ageement. Axon shall use City- supplied PCs or its own laptops that will be connected to the City network resources in the manner hereinafter defined. 7.2 Connectivity of Axon’s Laptops to the City’s Network Resources Axon’s consultants will use their own laptops or personal computers provided by the City, provided that accessibility to the required support web sites, SAP, and the City Network~roject documentation is available. Full details of connectivity requirements are outlined in Section 7.3 below. Axon notebook computers will be provided access to the City’s network, including SAP access, file shares, APSE, and e-mail, under the following conditions. The access provided to Axon’s notebook computers will be equivalent to the access provided by the City’s desktop computers. ®Axon will maintain virus protection acceptable to the City with current virus software and signature files. ®The ITS staff will inspect Axon’s notebook computers to verify the existence of virus protection and Microsoft security patches are at current levels. ®Axon will be responsible for securing and maintaining virus software and signature files. ®Axon will ensure all data and files created by Axon’s personnel are stored on the City’s networked servers and not on the hard drives of Axon’s notebook computers. 071029jb 0072951 Page 45 of 51 Axon will be responsible for any loss of data due to hardware failure of an Axon notebook computer. Axon will be responsible for licensing all standard Microsoft Office software installed on Axon’s notebook computers (i.e. Microsoft Office, Project, Visio, etc.). Axon will be responsible for the installation and configuration of all software required on Axon’s notebook computers. In the event of a virus outbreak, Axon will disconnect its notebook computers fi-om the City’s network, if the City has requested such action be taken. In the event of a virus outbreak, Axon will be responsible for cleansing all of its notebook computers, regardless of the source of the virus. Axon will comply with the following general terms and conditions regarding its use of the City’s personal computers: Axon’s personnel will comply with the City’s employee policies regarding the acceptable use of the Internet and e-mail whenever they are using the City or Axon’s computers at all times. Axon’s personnel are at the City facility, or connected to the City network remotely. This also includes all content stored on Axon notebook computers brought into the City facility. Axon’s personnel will not copy or distribute licensed software by the City. Axon’s personnel will not distribute or load, respectively, any Axon-licensed software to the City’s personnel or computers without the City’s proper verification that any such software has been licensed by the City. If the connectivity and general personal computer requirements cannot be met to allow Axon’s laptops to be attached to the City’s network, then the City will make available to Axon’s personnel desktop personal computers or laptops, as is reasonably necessary and appropriate for them to deliver the Project, and to otherwise fulfill its obligations under this Ageement. 7.3 Software The following table provides an itemization of the SAP software packages that the Parties’ Project team members will need to deliver the implementation services ageed to by the Parties. The requirements of the developers and architects will be marked "Developer": Vendor Package Version Required / Optional Microsoft Windows (~2000 or later Required Microsoft Office (~)2000 or later Required Microsoft Internet Explorer (~5.5 or later Required SAP mySAP ERP 2005 Required SAP SAP GUI for Windows 7.0 or later Required SAP SAP SDK / Portal PDK 7.0 or later Required SAP NetWeaver Developer Studio 7.0 or later Required SAP NetWeaver IDE 7.0 or later Required Microsoft Access (~)2000 or later Required as Necessary Microsoft Project (~2000 or later Required as Necessary Microsoft Visio (~2003 or later Required as Necessary Note: 1) Indicates software licensed by Axon for use on Axon consultant laptops 071029jb 0072951 Page 46 of 5! Version requirements for additional software are dependent upon SAP version utilized and may change depending on the specific SAP usage required by the City. The City will procure all licenses for software specified in the table above, both SAP and non-SAP, directly from the software providers. Licenses will cover both the Parties’ staff resources who are assigned to the Project and any other the City staff as appropriate. 7.4 Access to the City Personnel The City will endeavor to ensure the success of the Project by securing the involvement of the appropriate City personnel at the appropriate times. The City’s personnel will include those personnel directly involved in the Project and those in the business areas and functions that will be directly impacted by the Project’s implementation. The City will provide Axon with reasonable access to the City’s personnel, provided Axon reasonably requests such access within a timeframe that is not unreasonable. 7.5 Office Space and Furnishings The City will make available to Axon’s personnel the following office spaces, furnishings, and storage space: Infrastructure Requirement Office Space ~) Office Furnishings Office Facilities Office Infrastructure IDetails Project Room An appropriately sized, open-plan area to allow collocation of all the City and Axon Project Team members Meeting & Syndicate Rooms ~- An appropriate number of appropriately sized dedicated project meeting rooms to enable both regular project meetings and business related workshops ~Meeting rooms to be equipped with: ¯Whiteboards & surfaces suitable for LCD projection ¯Conference call facilities System Model Office Environment Model office location appropriate to accommodate identified system testing teams Training Facilities An appropriate number training rooms, located so as to be accessible to the target user community and fidly equipped to allow delivery of the developed training materials Desks Chairs Personal storage areas Waste Bins ®Water Dispensers ®Tea & Coffee / Hot Drink Facilities ®Restrooms Each desk to have telephones with external dialing facilities Each desk to have access to spare AC power sockets Fax machine Networked laser printers - 20+ pages per minute 071029 jb 0072951 Page 47 of 51 Infrastructure Requirement Office Stationery Details ® Color and Black & White LCD Projectors Photocopiers Stapling and binding equipment Secure waste disposal facilities (e.g. shredders) Access to supplies of standard office stationery Note: 1) All office space and furnishings will comply with prevailing local health & safety requirements. 7.6 The City’s Facilities The City will be responsible for provision of extended hours technical and infrastructure support (as necessary) in- line with the working hours of the Project team taking into account critical activities and any Project team resources that may be working in other geographies such as Axon’s off-shore facility in Malaysia. The City will be responsible for the reasonable telecommunications usage charges of Axon’s personnel that are incurred in making calls from telephones at the City’s facilities in the performance of Services under this Agreement. The City will provide Axon’s personnel with reasonable computer network access to perform their duties at the City’s facilities, including, but not limited to, appropriate intranet, intemet, and e-mail access. Axon will be responsible for all other telephone and telecommunications usage charges incurred by its personnel including communication with the off-shore facility. Office space and furnishings will be reasonably commensurate with those facilities provided to the City’s personnel working in similar roles. The City will afford Axon’s personnel reasonable non-exclusive access to any premises controlled by the City other than the Project facilities to the extent necessary for Axon to perform the Services under the Agreement. The access will be granted during the City’s normal business hours of the relevant City premises. If access is required outside the City’s normal business hours for the relevant premises, Axon will arrange an appointment in advance with the City in accordance with the procedures for the premises. Unless other~vise agreed, Axon will be responsible for the personal property that its personnel may bring onto the City’s facilities or other third party premises and will remove it as and when requested by the City, in writing. With the exception of Axon’s notebooks computers, Axon will be responsible for ensuring that such property is: Clearly labeled as Axon’s property; Registered with the City’s site security. 071029jb 0072951 Page 48 of 51 8 Pricing and Payment This Upgrade SOW will be developed in accordance with the fixed price agreement between the Parties as reflected in Exhibit "C". 8.1 Additional Services Rates If any additional work outside of the fixed price becomes necessary, a Change Request will be submitted by the requesting party to the other party. The fees listed below will be used to compute the costs associated with the change. Axon has developed the cost model based on a discounted rate card. Daily rates are based upon a standard 8-hour work day and do not include travel expenses, where required. Axon Rate Card Level Project Role Daily Rate Hourly Rate Program Director Engagement Director $2,000 $250.00 Project Manager Project Manager $1,700 $212.50 Training Architect Training Architect $1,450 $181.25 Training Principal Training or Change Principal $1,250 $156.25 Managing Consultant Workstream Lead $1,500 $187.50 Senior Consultant Senior Consultant $1,300 $162.50 Consultant Consultant $1,200 $150.00 Technical Architect Technical Lead $1,600 $200.00 Reporting Architect Reporting Lead $1,600 $200.00 B W Consultant BW Consultant $1,400 $175.00 Data Migration Architect Data Migration Lead $1,400 $175.00 Offshore Developer ABAP Developer $275 $34.38 Offshore BASIS BASIS Consultant $300 $37.50 071029jb 0072951 Page 49 of 51 EXHIBIT "A-I" FINAL SYSTEM ACCEPTANCE CRITERIA - UPGRADE Acceptance/Rejection of Final System Acceptance - Sign-off Form - <Month, Year> IItemDeliverableTarget Responsible Date Comments and/or Signature I Sign No.or Assist Completed Defect Description Customer[ off Proj Mgr Date 1 2 3 4 5 6 071029jb 0072951 Page 50 of 51 City of Palo Alto EXHIBIT "B" SAP IS-U/CCS Implementation: Statement of Work October 29, 2007 071029jb 0072952 Table of Contents introduction ..........................................................................................................................................................4 1.1 Background .................................................................................................................................................4 1.2 Guiding Principles ..........................................................................................................4 Project Scope ........................................................................................................................................................6 2.1 City of Palo Alto Users ...............................................................................................................................6 2.2 Project Structure .........................................................................................................................................6 2.3 Project Functional Scope ............................................................................................................................7 2.4 Program Functional Scope ..........................................................................................................................7 2.4.1 Technical Scope .........................................................................................................................I3 2.5 Training Scope ..........................................................................................................................................15 2.6 Core Team Training ..................................................................................................................................15 2.7 End-user Training .....................................................................................................................................15 Implementation Approach ................................................................................................................................17 3.1 Milestones and Deliverables .....................................................................................................................17 3.2 Acceptance Procedure ..............................................................................................................................17 3.2.1 Project Preparation Deliverables Table ....................................................................................17 3.2.2 Busb~ess Blueprint Delh~erables Table ......................................................................................19 3.2.3 Realization Deliverables Table ..................................................................................................21 3.2.4 Final Preparation Delh~erables Table .......................................................................................23 3.2.5 Go-Live/Stabilization Deliverables Table ..................................................................................24 3.3 Final System Acceptance ..........................................................................................................................25 3.3.1 Final System A cceptance Criteria .............................................................................................25 Project Organization ..........................................................................................................................................26 4.1 Core Team Structure .................................................................................................................................26 4.2 Time Requirements ...................................................................................................................................27 4.2. I City Staffing by monN ................................................................................................................ 28 Note: Axon will require additional time from the Subject Matter Experts ("SMEs ") during blueprinting and testing. .................................................................................................................................28 4.2.2 Axon Staffing by month ..............................................................................................................29 4.2.3 Time reqzdrements for non-team members ................................................................................30 4.3 Roles and Responsibilities ........................................................................................................................30 4.3.1 City of Palo Alto Resources .......................................................................................................30 4.3.2 Axon Resources ..........................................................................................................................34 Assumptions ........................................................................................................................................................38 5.1 Implementation Assumptions ...................................................................................................................38 5.2 Staffing Assumptions ...............................................................................................................................38 5.3 Business Change Assumptions .................................................................................................................39 5.4 Technology Assumptions .........................................................................................................................39 5.5 Process Assumptions ................................................................................................................................40 5.6 Interfaces and Conversion Assumptions ...................................................................................................40 5.7 Training Assumptions ...............................................................................................................................40 5.8 Programming Assumptions ......................................................................................................................41 5.9 Travel and Expense Assumptions .............................................................................................................41 Project Management Processes .........................................................................................................................42 6.1 Project Management Tool .........................................................................................................................42 6.2 Project Controls ........................................................................................................................................42 6.2.1 Project Plan and Status Tracking ..............................................................................................42 071029jb 0072952 Page 2 of 54 6.2.2 Weekly Status Report .................................................................................................................42 6.2.3 Other Project Controls ..............................................................................................................42 6.3 Issue Management Process .......................................................................................................................43 6. 3.1 Process Overview ......................................................................................................................43 6.3.2 Escalation Procedure ................................................................................................................43 6.3.3 Change Control .........................................................................................................................44 6.4 Quality Assurance Process .......................................................................................................................44 6. 4.1 Purpose and Objectives .............................................................................................................44 6.4.2 Quali~y Management Approach .................................................................................................45 City-Provided Assistance ...................................................................................................................................46 7.1 City-Provided Project Infrastructure .........................................................................................................46 7.2 Connectivity ofAxon Laptops to City of Palo Alto Network Resources .................................................47 7.3 Software ....................................................................................................................................................48 7.4 Access to City Personnel ..........................................................................................................................48 7.5 Office Space and Furnishings ...................................................................................................................48 7.5 The City’s Facilities ..................................................................................................................................50 Pricing and Payment ..........................................................................................................................................51 8.1 Additional Services Rates .........................................................................................................................51 071029 jb 0072952 Page 3 of 54 1 Introduction The provisions of this Exhibit "B", Sections I. 1 and 1.2, are provided only for background information purposes, and the City does not intend for Axon to rely on any statement, fact or opinion provided herein or to deem such statement, fact or opinion as a representation or warranty by the City, which Axon may rely, justifiably or otherwise, in executing the performance of Services and the completion of the Project. The City disclaims the accuracy of any statement or fact contained in the information provided below. 1.1 Background A. Palo Alto, a city of approximately 60,000 residents and 80,000 daytime employees, is a full-service city that provides all of the traditional local government services (e.g., police, fire, public works) as well as utility services (e.g., water, gas, electric, wastewater, storm drain, refuse and dark optical fiber backbone services). B. The City owns and operates its electric, gas, water, wastewater, storm drain and dark fiber optical backbone utilities and, in addition, bills for local refuse service and storm drain.. C. The City’s electric system includes power supply resources and transmission and distribution facilities. It also purchases power and transmission services from others and participates in pooling, JPA and other utility-type arrangements. D. The City Council sets the utility rates for the City without the prior review or approval of any state or federal agency. The City has, under California law (e.g., AB 1890), developed public benefit projects, including demand- side management, renewable energy, and other utility projects. E. CPAU has been operating Banner for eight (8) years, and ASD has been operating the SAP software system since 2003. The City has licensed SAP’s Industry Solution for Utilities Customer Care and Services (the "IS- U/CCS" or "CCS") module, and it is now prepared to replace Banner with the IS-U/CCS. 1.2 Guiding Principles A. The Project will be implemented according to the following: A single SAP instance that delivers the core Customer Service functionality. This soft~vare system will include the following SAP systems: 3-IS-U/CCS, 9-Enterprise Portal, >Business Intelligence. ® Integration will be needed and will occur between SAP and other business applications. Axon wil! be responsible for the SAP-end of any integration activities, as well as the management of the technical testing of developments. The City will be responsible for any changes required to its legacy and or other third party software, where such changes will be necessary in order for the SAP CCS solution to function as required. ® Standards will be developed in the Project Preparation phase that will be used throughout the Project, and they will cover: >Adopting consistent processes and common data standards; >Re-using standardized interfaces where available; >Using standard SAP available reports rather than recreating existing legacy reports; >Minimizing the number of enhancements; and >Allowing no changes to SAP core code. Any deviations from the above will require the Steering Committee’s prior approval and may impact the resources and/or the time required to complete the Project. There is an anticipated amount of development required to complete the Project, and the requirements in this area will be confkrmed and estimated during the Business Blueprint phase. The Business Blueprint phase will be approved by the Parties and will form the basis of the configuration and development of the solution to be implemented. Once the Business Blueprint phase has been approved, any and all deviations from the agreed-upon list of development items will require the PMs’ approval. ® Master data and open legacy transaction data (e.g., account balances / meter inventory balances) will be migrated to SAP by the City. Master data is defined as static data. The Parties understand that SAP is not a 071029 jb 0072952 Page 4 of 54 premised-based account system. Master data includes information such as the meter’s premises location, and installation information. Legacy transaction data relates to documents and transaction postings whereas master data are elements that remain static. The converted data will include twenty four (24) months of consumption history and thirteen (13) months of billing history. Mi~ated data will include premise notes, which impact the safety of the meter reader (e.g., dangerous dog), and identifiers, which mark accounts with special notes (e.g., "never disconnect" notations will be made in instances where a customer is on life support or dialysis). ® The City will take ownership of the Project upon the performance of Services and the completion of the Project, and it will be supported by systems integation expertise from Axon. The City will adopt SAP knowledge and experience originating from Axon through: ~Specialized training classes, to be delivered to the City’s core team early in the implementation; ~-Creation of Individual Personal Development Training Plans for the City’s Project resources, to be reviewed and executed by the City; ~- A configuration review in the Quality Assurance environment with the City’s core team, detailing the how’s and why’s of the configuration settings; and ~ On-the-job training, through active participation in the implementation. ® The Axon PM will, in conjunction with the City PM, coordinate the execution of this Project and manage dependencies with other strategic business initiatives to ensure appropriate alignment of timelines and resources. This Project will require the City to commit and dedicate its best resources in each of the functional areas covered in this CCS SOW’s scope of work. The City’s staffing resources will possess sufficient detailed knowledge of the business functions that they represent. In addition, as part of SAP knowledge transfer, the Parties’ staffing resources will play an ongoing role in supporting the end-user community after the implementation. The City’s core team members and Axon’s consultants will work together as partners sharing vision and goals. 071029jb 0072952 Page 5 of 54 2 Project Scope The following provisions are intended as an overview of the proposed scope of work for this Implementation: Statement of Work (the "CCS" or "CCS SOW"). 2.1 City of Palo Alto Users IS-U/CCS Headquarters Address 250 Hamilton Avenue Palo Alto, CA A. The City will have approximately one hundred fifty-four (154) CCS end-users; the user types and the numbers are, as follows: Professional Limited Professional User 2.2 Project Structure A. The structure of this CCS Project will utilize the ASAP Roadmap methodology, in performing the CCS Project, which will include the Project implementation in five (5) phases over nine and one-half (9.5) months (excluding the Go-Live phase), as follows: ¯One-half (0.5) month of Project Preparation - the organization, the Project processes, and technology components will be prepared to begin the implementation. ¯Three (3) months of Business Blueprint - this phase will focus on the design, gap assessment and tailored fit, and will deliver the standard Solution module tailored using a basic set of historical data supplied by the City. ¯Four (4) months of Realization - the primary objectives of this phase are to finalize the building and testing of the tailored design and continue knowledge transfer. Two (2) months of Final Preparation - this phase will focus on preparing the business and systems for Go-Live and post-Production Support. ¯Two (2) months of Go-Live and post Production Support - the configured System will commence in a production environment, initiating the beginning of formal production support. B. The following functionality will be access and otherwise accomplished during this CCS SOW: Project Preparation Business Blueprint Realization Final Preparation Go-Live Support 0.5 Months 3 Months 4 Months 2 Months 2 Months The Project will be run as one continuous project and 9.5 months after the start, there will be two (2) months of Go- Live Support. 071029 jb 0072952 Page 6 of 54 2.3 Project Functional Scope The following items are included in the functional scope of this CCS Project: 2.4 Program Functional Scope This is an SAP IS/U-CCS implementation. The scope includes the following process areas: SAP Component Sub Function Core Business Processes Description Prep Prep ® Data Cleansing ® Provide a 1 day workshop to develop data cleansing strategy CCS Customer Service ®Customer Interaction Center (CIC) utilizing the IC WebClient~CtLM ®Customer Movements (Move in, Move out, Transfer) ®Customer Master Data Maintenance ®Owner Allocation The Customer Interaction center acts as the trigger point for all customer contact related processes which are initiated through the call center by the customer service agents. The functionality utilized will be the standard processes provided by SAP which allows (but is not limited to) the following: Account Balance Display, Customer and Premise overview Display, Customer Contact logging and contacts display. Triggering notifications and service orders, Changes to customer account (such as signup for direct debit, change in payment terms, budget billing signup etc.). Triggering customer movement processes. Creation of form letters. Account balance and usage history display Customer movement processes includes the processes related to customer move-in, move-out, transfer, sign up for new service or sign up of additional services on the same premise Maintenance related to the Business Partner record and Contract account records. Examples include change in payment terms, creditworthiness, and addition of bank or credit card details to the business parmer record. Sign up for direct debit payments. Change of primary account holder, assignment to collective accounts. Bankruptcy processing etc Functionality related to automated move-in of the owner of record for a specific premise when a tenant moves out 071029jb 0072952 Page 7 of 54 SAP Component Sub Function Description ® Utility Customer e- Core Business Processes Disconnect and Reconnect Processes ®New Service Processes Services (Internet Customer Self Service) ®Regional Structure Maintenance (for real-time address validation - Not CASS or DPV) Integration to SAP Plant Maintenance and Service Management for Work Order / Service Order Inte~ation Standard delivered functions for: ® Payment Processing (TBD during Blueprinting ) ® Balance Inquiries Processes related to the disconnection and reconnection of service initiated either through dunning for non-payment or through the front office due to customer request All tasks related to the setup of a new service including creation of service or work orders needed to have the work done and status tracked, setting up of new premise data and the installation of the appropriate devices at the premise and finally the move in of the tenant or owner once all work is completed Maintenance of valid street names, number ranges and City against which the technical master data and premises can be validate once created. Also functions for validation of addresses if required. Regional structure will be maintained for the City of Palo Alto only. This is not CASS/DPV validation Integation from Customer Interaction Center to SAP PM/SM for the triggering of notifications or work orders and the tracking of status on said work orders Customer can initiate payment request through self service utilizing bank details provided. ®Customer can show account balance and activity on screen Duplicate Bill Requests ®Link to PDF file of customer bill which will allow the customer to download and print the bill on their local PC Service Requests ®Initiation of service notifications such as disconnection request. Consumption History ® Consumption history display for past consumption Account History ® Past Payments and charges 071029jb 0072952 Page 8 of 54 SAP Component Sub Function Core Business Processes Description Billing & Invoicing ®® Device Management Periodic, Final and Interim Billing for all utilities: >Metered >Unmetered ">Flat rate ~Associated Bill reversals Bill Corrections All mass billing and invoicing jobs related to metered and unmetered consumption Includes net metering, and other flat rate billing ®®Individual and Mass reversals ®®Billing reversal and correction using Easy Bill Correction Framework ®Manual Billing ® Manual bill generation using manual billing program ® Hydrant meter billing ® Billing History ® Rates >Electric >Water >Gas ~Sewer >Storm >Fiber >Refuse >Time of use Budget Billing > Equalized Payment Plans ®Price Maintenance Invoice Print (To file for form formatting software) Invoice Reprint (For duplicate bill requests) Recording of historical billing data in installation facts for quick reference and recall by the customer interaction center. Based on specific needs as refined during the blueprint phase ®Rates as required and defined in the City Utilities Rate Schedules for billing purposes of all services ®Rules based proration of billing amounts based on rate requirements (winter months, summer months etc.) ®Calculation routines which may be required for winter quarter average calculations ®Rate set up for billing of related installations (e.g. Water consumption used to bill for waste water) ® Standard SAP Equalized payment plan functionality which allows for automatic adjustment and renewal every twelve months. ®Commodity charge price maintenance Meter Inventory Maintenance Meter Testing & Periodic Replacement Processes File format will be in XML or RDI format as required by form formatting software Will obtain bill image from stored PDF Meter Inventory status tracking Tracking of meter test results, meter sampling for testing 071029jb 0072952 Page 9 of 54 SAP Component Sub Function Core Business Processes Contract Accounts Receivable Meter Reading (Periodic, Interim, Final) "~ Through Handhelds (Itron) )~ Through AMR (Itron) Meter Replacement (9 Meter Reading Validation (9 Meter Reading Schedule Maintenance (9 Re-Sequencing (9 Meter Read Order Download and Upload interface Service Notifications from Trouble Codes Collected During Meter Reads (9 Integration with SAP Materials Management for Meter Inventory and SAP Plant Maintenance for Technical object creation (9 Account Master Data ~Individual Accounts ~-Collective Accounts ~Non-Consumption Accounts Description Generation of meter reading orders in SAP Periodic and ad hoc replacement procedures Meter reading validation during upload of results (9 Addition / subtractions of portions and meter read units. (9 Maintenance of schedule records for read, billing and estimation purposes (9 Route re-sequencing (9 Download of meter reading documents for read purposes (9 Upload of meter reading results (9 Initiation of service notifications by relevant trouble codes recorded in meter read up!oad file (9 Receipt of new meters and bulk serial number upload procedures (9 Contract account master data set up to handle individual consumption accounts further separated into different account categories for residential, commercial and industrial accounts (9 Collective parent accounts for setup of collective invoicing groups (9 Non consumption related contract accounts for the billing of Sales and Distribution and miscellaneous charges 071029jb 0072952 Page 10 of 54 SAP Component Sub Function Core Business Processes Description Incoming Payment Processing ACH Request Files to and from Bank (Direct Debit Processin~ Incoming Credit Card Payments Incoming Cash Payments Incoming Check P aym en ts Incoming Payment Files from Checkfree Incoming Payment Files from In House Remittance Center Processing Real-time Integration to Core Cashiering Sohttion for Counter Payments (Check, Cash, Credit Card) >Clarification Processing ~Returns Processing )"Clearing Controls / Rules Dunning & Disconnection ~Residential Dunning )"Commercial / Industrial Large Account Dunning City Account Dunning (No Dunning) Penalty Charges for Late Payments Disconnection for Non- Payment Dunning Notice / Letter Print Creditworthiness Non-payment and dunning actions Other actions Manual adjustments The processing of current payment media formats and the integration to specified systems for the processing of incoming payments ®Generation of payment files for banks in required format in order to process ACH payments ®Processes related to the handling and posting of NSF checks and failed ACH payments received via notification fi-om the bank ®Rules based account clearing based on ordinance requirements for the application of incoming payments to outstanding debt (will be defined in detailed during blueprint). Example of this is oldest item first, or outstanding security deposits first then consumption with equal distribution amongst consumption services ®Clarification processing relates to unmatched payments which could not be automatically assigned by the system and requires user intervention Credit and collection processing related to the non payment of consumption billing accounts. This includes the automatic assessment of penalty charges and credit points against delinquent customer accounts ®Credit point assessment for negative customer actions due to non- payment, tampering, self cut in’s etc. ® Also allows for manual assignment of credit points ®Automatic aging over atwelve month period (system limitation) 071029 jb 0072952 Page 11 of 54 SAP Component Sub Function Core Business Processes Description ®Security Deposit Processing ®Security deposit request processing, interest calculation on deposit and security deposit release procedures. Cash as well as non cash security deposit functionality (Letters of credit, bonds etc.) ®Transfer Postings ® Transfer of open items between different contract accounts. ®Pledges/Assistance Program ® ®Bankruptcy Processing Refunds Processing ®Payment Arrangements / Installment plans ®Unclaimed Monies ®Bad Debt / Write offs Account Balance Display Integration to SAP General Ledger & Financials Special assistance programs for the needy. Includes the tracking of incoming payments and the distribution to an appropriate account from where it can be disbursed Logging and tracking of bankruptcy against specific accounts. Tracking of filing status and numbers Credit refunds for overpayments or where customer account has a credit balance after final move-out Processes related to setting up installment plans for customers who requested these or specifying deferral dates where the request relates to a shift in the due date for the fill amount Process required to track unclaimed credits, as well as initiating process to hand these unclaimed monies over to the state Automated processes based on dunning level for the write off or value adjustments of customer account balances for accounts where payment have not been received within the specified timeframe in line with City accounting practices Account balance display screen configured to meet City requirements for the display of items on a customer’s account Integration ofpostings made in FICA to SAP General Ledger with appropriate classifications to allow for the derivation of Controlling and Fund Accounting information as required 071029jb 0072952 Page 12 of 54 SAP Component Sub Function Core Business Processes Description Other ® Technology Axon Central Forms Architecture for Customer Correspondence Creation (letters, forms, etc.) Requested from the Front Office Technical Architecture Design & Realization Progamming (Forms, Reports, Interfaces, Conversions, Enhancements, Workflows) ®Axon’s central repository of previously generated letters, forms, etc for front office processes Assistance from Axon in the design, setup and realization of the technical architecture required to run SAP CCS ®Actual progamming of FRICE-W items ®Implementation ofBI CCS infocubes for reporting 2.4.1 Technical Scope The technical scope of this implementation will relate to (a) Infrastructure and Basis Administration and (b) the Progamming effort scope. 2.4.1.1 Technical Infrastructure and Basis Administration A. The City wil! be responsible for providing all aspects of necessary technology hardware and infrastructure for both the Project resources and the SAP production environments. This will include: Host LAN and SAP access will be provided to all of Axon’s staff resources. Fully functioning workstations will be provided at the start of the implementation for Axon’s use. Specific number to be determined together during discovery, prior to contract negotiations. The City will be responsible for ensuring that the network and operational infrastructure are appropriately-configured, adequately-sized, and functioning properly. These specifications will be designed to meet the performance, reliability, and service levels required to support the new configurations. VPN tunnel to Axon’s home office will be provided to allow Axon’s SAP systems to be visible from the City’s Project Site. Hardware and the installed SAP IS-U/CCS system for the Project lifecycle. 2.4.1.2 Programming Effort Axon has reviewed and estimated the Interfaces associated with the Interface list defined in Exhibit" B-2" as 800 hours. Axon has also reviewed and estimated the Enhancements identified by the City with the Enhancement list defined in Exhibit "B-3" as 560 hours. This fixed bid includes the progamming hours for these defined interfaces (800 hours) and enhancements (560 hours). In total, Axon has allocated 7,244 hours for the progamming effort during the Realization phase. These hours are available to deliver the FRICE-W requirements identified in this CCS SOW as well as those new items identified in the Business Blueprint phase. In addition, the City will provide an additional 4,320 progamming hours for a total of 11,564 FRICE-W hours that will be made available for the Project. 2.4.1.2.1 Programming Effort Process 071029jb 0072952 Page 13 of 54 A. During the Business Blueprint phase, the functional design will be completed. From this functional desig~n, Axon will identify the FRICE-W elements required to deliver the functional design defined during the Blueprint phase. Each FRICE-W element will receive an estimate of hours to complete and the list will be reviewed and approved by the City prior to the undertaking of development work. The hours associated with those approved FRICE-W elements will be tracked against each specific development object to ensure proper disciplines are followed. B. Axon will determine the FRICE-W elements that need to be programmed to meet the City’s business requirements, provided, however, the City must first determine the need to customize or accept the standard available capabilities. C. There will be requirements identified during the Business Blueprint phase to enhance other areas of the delivered SAP solution in order to meet City’s business requirements. D. Axon will lead the FRICE-W development effort with the assistance of the City’s personnel. Programming effort performed by the City’s personnel will not be drawn from the available pool of FRICE-W hours to be provided by Axon. E. In the event additional FRICE-W programming hours will be required beyond the 7,244 hours allocated to Axon, additional hours will be added to this CCS SOW based upon the type and complexity of the development according to the FRICE-W Development Hours Allocation Table below, and the rates identified in Section 8. I. Custom Object Compla~ity Very Low Low Medium High Very High Form 20 40 120 160 200 Report 20 40 ! 20 160 200 Interface 40 80 160 240 320 Conversion 40 80 160 240 320 Enhancement 40 80 160 240 320 Workflow 40 80 160 240 320 BW Infoset 60 120 200 320 400 Note: while the resource plan outlines potential FRICE-W roles, the exact makeup of the’~RIC’E-W team will depend on the finalized Business Blueprint FRICE-W scope. Data Conversion Axon warrants that it has significant experience with the data conversion requirements of an SAP CCS implementation. The most appropriate method of conversion (e.g., manual, Emigall, LSMW, ABAP) of each data object will be determined during the implementation. The following is the breakdown of data conversion responsibilities: Task I Responsibility Data Cleansing I City of Palo Alto with guidance from Axon Structure Map of target fields Axon Field mappings from legacy systems City / Axon Legacy extract program City 071029jb 0072952 Page 14 of 54 SAP conversion program Axon Conversion Routines and Cross Referencing Axon Reconciliation and Verification City Functional Specification for verification programs City Verification programs (SAP)Axon Data verification City 2.5 Training Scope The Training Scope includes the Project Team Training and End-user Training activities. 2.6 Core Team Training Axon will provide the City’s Project team members with training focused on the functionality to be implemented. Axon will not be responsible for providing any other formal training beyond that specified in the table below. The courses to be conducted are, as follows: Course Title SAP Overview & Navigation SAP Utility Introduction BI Overview Utility Master Data & Basic Functionality Utility Industry Device Management Utility Industry Billing & Invoicing Utility Industry Contract Accounts Receivable and Payables Utility Industry Customer Service All courses will include hands-on examples and exercises that will be run on Axon’s SAP CCS training systems. Axon will require connection to these systems from the City’s training center. It is assumed that each course will be run once, and that the City will have a suitable training location. Additional courses are available from SAP covering both the functional CCS components as well as technical (Basis, ABAP, Portals, etc.) areas. The City’s technical team, at the City’s option, may attend training courses in order to gain further understanding, configuration and technical support level instruction in the SAP product. 2.7 End-user Training Axon will provide a full-time Training Lead, starting during the last month of the Business Blueprint phase, for six and one-half (6.5) months. The Training Lead will be responsible for assisting the City to define and manage the Project training strategy, which will help drive the transition of the impacted business community from current ways 071029jb 0072952 Page 15 of 54 of working, to the streamlined processes that wil! be enabled on SAP. The Training Lead will make available and provide training and support in the appropriate use of Axon’s business change tools and templates. The Project will require the City’s team members to train the end-users of the Solution, utilizing a "train-the-trainer" approach. Axon will provide the leadership, strategy, templates, structure, and direction to the City’s staff resources that will be responsible for the development of the End-user Training Solution and the subsequent delivery of End- user Training courses. Axon has a comprehensive library of SAP and business skills training materials and templates, and this material will be made available by the Training Lead to the Project to ensure that the Project fully leverages best practices and proven approaches helping to avoid unnecessary costs. The City will develop end-user training materials, using the RWD. Training on RWD will need to be secured directly fi-om RWD’s vendor by the City. 071029jb 0072952 Page 16 of 54 3 Implementation Approach 3.1 Milestones and Deliverables The following sections summarize the key milestones and deliverables of the Project according to the ASAP methodology. During the Project, the deliverables listed will form the basis of the status reporting of the Project’s progess. (for purposes of this Exhibit "B", "R" means the Party who is "responsible and accountable for this deliverable," "A" means the Party who will "assist" the Party who is responsible and accountable for the deliverable), and a blank may mean that a Party may not have a responsibility or duty to assist. The Axon PM or authorized designees will review and accept all of the deliverables as defined in the following tables. If the Axon PM determines that additional people will need to review and/or approve a deliverable, it will be the responsibility of the Axon to solicit the review/approval. The deliverable owner, either the City or Axon, depending on who is indicated in the deliverables tables throughout Section 3, will be responsible for the submittal of its deliverables via APSE. 3.2 Acceptance Procedure The acceptance procedure for all deliverables outlined in this CCS SOW will be, as follows: ¯Axon will work with the City’s personnel to gather input and review draf~ deliverables. ¯When complete, the final version of each deliverable will be reviewed and approved by the City, utilizing the APSE-based Deliverable Acceptance form. The Deliverable Acceptance form will be signed by the City PM, indicating the City’s approval or disapproval, within five (5) business days of receipt. ¯If a deliverable is neither approved nor rejected within five (5) business days, the deliverable will be deemed approved by the City without any change or comment. ¯If the City does not approve a deliverable, the City will provide Axon with a written explanation of its disapproval of the deliverable and this will be included on the Deliverable Acceptance form. If required, the City PM may request a meeting with the Axon PM to discuss the Deliverable in question in detail. ¯The Axon PM will inform the City PM if delays will be incurred due to the failure to sign and return the Deliverable Acceptance form in a timely manner. Axon will indicate, via the Weekly Status Report, any potential impact to the Project timeline for delayed acceptance. 3.2.1 Project Preparation Deliverables Table At the Project Preparation phase, the preparation of the organization, Project processes, and technology components for the Project’s launch will be considered. Key stakeholders and decision-makers will be identified and confirmed. The Project structure, processes and approach will be defined and formalized through written deliverables such as are noted in this section, and, as well, hardware will be identified and prepared. Deliverable Description l City of Axon !Palo Alto Proj ect Master Plan APP-01 R PP-02 Project Charter A R PP-03 Project Kick Off A R PP-04 A RProject Standards Document Planning & Monitoring Issue Management Risk Management 071029jb 0072952 Page 17 of 54 Deliverable City of Axon Palo Alto PP-05 R A PP-06 R A PP-07 A R PP-08 R PP-09 R PP-10 R A PP-I 1 R A PP-12 R A PP-13 R A PP-14 R A PP-15 R PP-16 R PP-17 A R PP-18 R A Description Quality Assurance Documentation Standards Development Standards Meeting Terms of Reference Project Meetings Scheduled >Project Team 7 Project Management >Steering Committee Business Process Workshop Schedule Quality Plan Project Communications Strategy Project Change Management Strategy Business Forums Scheduled Project Team Training Attendees Confirmed Project Team Training Scheduled Project Team Training Classrooms Set Up Access to Axon’s Project Team Training Environment Set Up Deliver Project Team Training Attend Project Team Training Knowledge Transfer Approach Project Team Working Environment Established 0As Per City-Provided Assistance in Section 7 Project Team Technical Environment Established As Per City of Palo Alto Provided Assistance in Section 7 Project Organization Chart Project Seating Assig-nment Schedule PP-19 R A PP-20 PP-21 R A A R 071029jb 0072952 Page 18 of 54 Deliverable Description City of Axon Palo Alto PP-22 R PP-23 R PP-24 R PP-25 R PP-26 R A PP-27 R PP-28 R Project Directory Structures created on Project LAN APSE Project Management Tool and Additional Templates Deployed Mobilize City Team Mobilize Axon Team SAP Technical Architecture for Development ~Sizing Analysis ~Landscape Diagam >Cost Estimates ~-Client Strategy Development Hardware Acquired Installed Development System 3.2.2 Business Blueprint Deliverables Table At the Business Blueprint phase, the solution design across all Scope elements will be reviewed, the business processes will be documented, interfaces/enhancements/data migrations will be confuqned, roles will be identified and change plans will be finalized. The approved Business Blueprint phase documentation will represent the final scope for the CCS SOW implementation. Detailed Project plans for Realization will be developed and ageed as defined in the deliverables below. Deliverable Description City of Axon Palo Alto BB-01 Project Master Plan - Confirmed Realization A R Phase BB-02 Updated Budget, Resource Requirements &R R Risks BB-03 Identify & Document Business Roles R A BB-04 Identify & Document Change Impacts R A BB-05 Training Needs Analysis R A BB-06 Training Catalogue R A BB-07 Project Change Management &R Communications Plan 071029jb 0072952 Page 19 of 54 Deliverable Description City of Axon Palo Alto BB-08 R A BB-09 A R BB-10 R A BB-11 A R BB-12 A R BB-13 A R BB-14 BB-15 BB-16 BB-17 R Knowledge Transfer Development Plans Design Workshops for Requirements Confirmation Completed Business Process Design Documented > Process Swimlanes Documentation > Process Detailed Documentation Design Workshops for Design Validation Completed Business Process Design Finalized Confirmed List of all Development Items > Forms >Reports >-Interfaces >Conversions >Enhancements >Workflows Confirmed List of all Legacy Systems to be Replaced > Final system map diagam Data and Interface Strategy Data Source Assessment & Cleansing Strategy SAP Technical Architecture for Test / Production >Sizing Analysis >Landscape Diagram >Cost Estimates >Client Strategy Test / Production Hardware Ordered Authorization and Security Strategy Support Organization Strategy Technical Release Strategy A R R A R A A BB-18 R BB-19 R A BB-20 R A BB-21 I R A 071029jb 0072952 Page 20 of 54 Deliverable Description City of Axon Palo Alto BB-22 Develop Business Blueprint Document A R BB-23 Final Business Process Master List A R BB-24 Sign Off Business Blueprint Phase R A BB-25 Develop Final System Acceptance Criteria R A Document 3.2.3 Realization Deliverables Table At the Realization phase, the solution desig-ned in the Business Blueprint phase will be configured and all enhancement specifications defined and the enhancements built. The delivered solution will be tested both in the Realization phase with a Unit and Inte~ation Test, and in the Final Preparation phase with a User Acceptance Test. The developed Training Plans will be executed throug~hout the Realization Phase. Deliverable RL-01 RL-02 RL-03 RL-04 RL-05 RL-06 RL-07 RL-08 RL-09 RL-10 RL-11 RL-12 RL-13 RL-14 RL-15 Description Quality Check Business Blueprint Project Master Plan - Ongoing Update Cutover Plan Draft Execute Change Management & Communications Strategy Training Templates End-User Training Instruction Session Attend End-User Training Instruction Session Training Client Refresh Strategy Training Client Deployed Develop End User Training Materials & Environment Plan Training courses and Schedule Users to Courses Training Facilities Delivered Build & Unit Test Plan SAP CCS Solution Configured & Unit Tested FKICE-W Specifications (excl Conversions) City of Axon Palo Alto R A R A R R A R R R A R A R A R A R A R A A R R A R 071029jb 0072952 Page 21 of 54 Deliverable RL-16 RL-17 RL-18 RL-19 RL-20 RL-21 RL-22 RL-23 RL-24 RL-25 RL-26 RL-27 RL-29 RL-31 RL-32 RL-33 R%-34 RL-36 RL-37 RL-38 RL-39 RL-40 Description FR~CE-W SAP Development Conversions) FRICE-W Legacy Development Conversions) Testing Approach Integation Test Plan Integration Test Cases Integation Testing User Acceptance Test Plan User Acceptance Test Cases User Acceptance Testing Design Technical Roles Activity Groups User ID’s for Integration Testing Conversion Specifications Data Cleansed for Trial Conversion Legacy Export Tools Developed SAP Import Tools Developed Trial Conversions Plan Data Extracted from Legacy Trial Conversions Executed Trial Conversions Validated Failover and Disaster Recovery Test Plan Stress Test Plan Installed Test System Installed Production System System Installation & (excl (excl Management city of Palo Alto A R A A R R R R R A R A R R A A R A R R R R R R Axon R A R R A A A A A R R R A A R R A* R A* A A A A A 071029jb 0072952 Page 22 of 54 Deliverable Description City of Avon Palo Alto Procedures RL-41 Disaster Recovery Test R RL-42 Stress Test R R~-43 Support Organization Design R A RL-44 Support SLA’s, Processes and Tools R A RL-45 Support Transition Plan R A Note: A* - where shown, the assistance provided by Axon is specifically provided in conjunction with the SAP knowledge transfer required to support the City to enable it to carry-out its responsibilities. 3.2.4 Final Preparation Deliverables Table At the Final Preparation phase, the Parties will prepare the Business and System Solution for Go-Live. Axon will formally train the City’s end-users at this phase. The transition plan fi’om Banner to CCS will be finalized and executed, and data will be migated and business activity will be migating to the SAP solution. The City’s support organization will be fully deployed and prepared to manage the Live SAP CCS system. A final Go-Live assessment and decision will be made to take the system solution live at this stage. Deliverable FP-01 FP-02 FP-03 FP-04 FP-05 FP-06 Description Axon R R R A A Quality Check Realization Project Master Plan - Ongoing Update Cutover Plan Finalized Go Live Business Contingency Plan Go Live Assessment & Decision Execute Change Management Communications Strategy End User Training End User Evaluation Cutover Dry Run Data Cleansing Finalized Cutover Plan Executed Data Provided for Migration City of Palo Alto A A A R R &R R R A R A R FP-07 FP-08 FP-09 R FP-10 A FP-11 R FP-12 A 071029jb 0072952 Page 23 of 54 Deliverable Description City of Axon Palo Alto FP-13 Data Loaded into SAP A R FP-14 Production Data Load Validated and Signed R A Off FP-15 Desktop Roll Out R FP- 16 Printer Roll Out R FP- 17 Additional Authorization Testing R FP- 18 Production User ID’s R FP- 19 Support Transition Executed R A FP-20 Support Processes Test R A 3.2.5 Go-Live/Stabilization Deliverables Table At the Go-Live phase, the SAP CCS system will be "live" Or fully functional. Support organization process and organization will become operational. The business will operate on the new system processes commencing after the "cutover" point. Deliverable Description City of Axon Palo Alto GL-01 R A GL-02 R A GL-03 GL-04 GL-05 GL-06 GL-07 GL-08 GL-09 Support Processes Executed Monitor Business Performance and Plan Support Focus Monitor System Performance and Plan Support Focus Monitor Nightly Batch Processes and correct failures Go-Live Assessment & Decision Execute Change Management & Communications Strategy End-User Training (Post Live) End-User Evaluation Final System Acceptance R R R R R R R A A 071029jb 0072952 Page 24 of 54 3.3 Final System Acceptance The Parties will plan and execute a thirty-day final system acceptance (FSA) testing and review. Axon will facilitate the execution of the fifteen (15) day FSA to start no later than thirty (30) calendar days following the date of Go- Live of the system. The City will conduct the FSA by itself. If the System has met the mutually ageed criteria as defined in the Final System Acceptance document developed in blueprinting, it will be deemed to have met the City’s criteria for system performance and will meet Deliverable GL- 09 noted in Section 3.2.5 for sign-off requirements. The City will notify Axon of the System acceptance or of any deficiency or non-conformity within ten (10) days following completion of the FSA. IfAxon does not receive this notice within ten (10) days, the City will be deemed to have accepted the System. If the City notifies Axon, in writing, within ten (10) days of the completion of the FSA, of any Axon-provided component that the City, exercising its reasonable discretion, determines to have failed to meet the criteria developed in the Blueprint process, Axon will assess the component and any related parts necessary and at the request of the City facilitate the replacement of the non-performing component at no cost to the City in order to meet the stated level of effectiveness. Upon the successful completion of the FSA, the City will release to Axon the Final Payment then due and payable. 3.3.1 Final System Acceptance Criteria The list of the mutually agreed FSA criteria defined in the Final System Acceptance document during the Blueprinting phase will be used by the City during the FSA: #.Example Final System Acceptance Cr#eria Business processes identified during the Business Blueprint phase have been successfully configured1and tested. User security profiles are operational and effective. The Go-Live and Support will provide an 2 opportunity to review SAP roles, consolidate redundant roles and make security improvements to existing roles where required. All hardware, operating software and system components purchased have been successfully installed3and tested and function in operational mode. All support operations have been transitioned from the Project Team to the Customer help desk4infrastructure. 071029jb 0072952 Page 25 of 54 4 Project Organization 4.1 Core Team Structure The Project will be structured, as follows: ®Project management ®Functional Team ®Change/Training Team ®Technical Team Project Office PALO ALTO & AXON STEERING C~EE Project Sponsor Functional Teem Quality Assurance TrainingChange L ead Technical Teem Axo~ rechm’cal Architect These areas are further defined below with a description of current process knowledge "mapped back" to the Core SAP CCS area: Core SAP CCS Area Client Knowledge Required and Processes Included in each of the Core Areas Customer Service Technical/Infrastructure Finance All front office processes including move-ins, move-outs, customer transfers, customer service requests, customer data structures, etc. Hardware environment & setup (Basis), security, network, existing interfaces, legacy systems for data migation, etc. iPayment processing, rules around accounting and payment terms, transfer postings, credit & collections, credit weighting and scoring, dunning, bank interfaces, etc. 071029 jb 0072952 Page 26 of 54 Core SAP CCS Area Device Management Billing Client Knowledge Required and Processes Included in each of the Core Areas All areas related to the meter shop including knowledge of the meter reading software and what occurs in the meter shop. Processes include meter reading, estimations, service notifications, meter change outs, meter testing, meter inventory, etc. A solid understanding of rates and invoicing for both metered and non-metered billings 4.2 Time Requirements The Parties acknowledge that the successful SAP implementation for this CCS SOW will require the Parties’ firm commitment to make available their core teams for the duration of the Project. The following tables represent the Parties’ anticipated staffing requirements, which may vary as progress on the Project is made. 071029 jb 0072952 Page 27 of 54 0 0 0 0 0 0 0 4.2.3 Time requirements for non-team members A. The Design, Testing and Training phases of the Project will require periodic time commitments from other individuals from the City’s personnel, who are not identified as part of the City’s core team. These may be one-half day to one-day commitments, althou~ some activities (e.g., data cleansing and user acceptance testing) could be substantially more. Activities may include: Design input from the SMEs on specific detailed requirements that cannot be articulated by the core team (Involvement of this nature is most likely to occur during the Blueprint or Testing phases) Data cleansing activities - identification of data to be cleansed, cleansing of data, validation of data conversion and load activities End-User Acceptance Testing - development of scenarios to be tested, participation in testing, validation of results, etc. Communications and awareness events End-user training End-user testing. B. The City, supported by Axon, will be responsible for identifying the level and type of City staff resources that will be required to successfully perform the above activities in-line with the appropriate Project milestones and quality requirements. 4.3 Roles and Responsibilities The following sections summarize the roles and responsibilities for each of the core team members indicated in the structure diagram referred to in Section 4.1. For purpose of clarity, this section lists these responsibilities ftrst for the City’s team members and then for Axon’s team members. The Parties’ teams will operate as a single, jointly- managed team with a common set of objectives. 4.3.1 City of Palo Alto Resources The following table outlines the responsibilities for each of the identified roles (see Section 4.1) 4.3.1.1 Core Team The City’s responsibilities will be executed by Role Executive Sponsor Project Manager Core Team Members Phase Project Prep Communications ~hase and the major tasks within each phase. Tasks Approve finalized Project plan Approve kick-off meeting presentation and related materials Co-present at Kick-off meeting Refine and finalize Project plan Assist in development of kick-off meeting materials Participate in kick-off meeting Attend training Attend and participate as required in kick-off meeting Develop Change Management Plan and incorporate to overall Project Plan 071029jb 0072952 Page 30 of 54 Phase Blueprint Role Technology Project Mgmt/Basis Lead Infrastructure Executive Sponsor Project Manager Customer Service Lead Billing Lead Device Lead FICALead SD/PM/CS Lead Data Migration Business Integation Basis Lead Infrastructure Lead Tasks Procurement and installation of development environment and solution manager; perform tasks associated with the schedule Develop Change Management Plan and incorporate to overall Project Plan Coordinate infrastructure activities with on-site Project activities Assist in Project Plan f’malization Attend Kick-offmeeting Chair steering committee, provide any insights to Blueprint sessions, review Blueprint document and sign-off Assist in managing daily operations, review status reports Provide oversight and guidance to Project Participate in Joint Steering Committee Lead Blueprint sessions, document findings, and input data into solution manager/APSE Lead Blueprint sessions, document findings, and input data into solution manager/APSE Lead Blueprint sessions, document findings, and input data into solution manager/APSE Lead Blueprint sessions, document findings, and input data into solution manager/APSE Lead Blueprint sessions, document findings, and input data into solution manager/APSE Work with other Leads to complete data mapping and generate extraction scripts for legacy system Facilitate Blueprint sessions, document f’mdings, and input data into solution manager/APSE Attend Blueprint sessions and participate as required; perform tasks associated with the Schedule A - BASIS Division of Responsibilities Coordinate all on-site and off-site activities. Provide oversight and Project guidance 071029jb 0072952 Page 31 of 54 Phase Realization and Test Role Tasks Technology Project Mgmt/Basis Lead eServices Lead Executive Sponsor Complete installation of development and solution manager, support Blueprint sessions as needed Lead Blueprint sessions, document findings, and input data into solution manager Chair steering committee, provide inputs on configuration issues, review status reports, and sig~n-off on all deliverables Project Manager Manage daily Project activities, develop status reports, resolve issues or escalate issues as needed Customer Service Lead Config, document, test, and assist in end user training delivery Billing Lead Config, document, test, and assist in end user training delivery Device Lead Config, document, test, and assist in end user training delivery FICA Lead Config, document, test, and assist in end user training delivery SD/PM/CS Lead Config, document, test, and assist in end user training delivery Data Migration Execute data migration plan, run extractions for mock conversions, support data cleansing efforts Business Integration Assure al! business needs are being met and develop testing plan, coordinate and manage all testing activities, report progress to Project Manager Technology Project Manage SAP systems, install QA and Prod, Transports, Mgmt/Basis Lead Security, and apply notes and patches as needed; perform tasks associated with the schedule Infrastructure Lead Monitoring of setup of systems, load levels and working through system issues eServices Lead Configure, develop, document, test, and assist in end user training delivery Final Prep Executive Sponsor Review and Sign-off cut-over plan, attend Steering Committee Project Manager Manage daily Project activities, deve!op status reports, resolve issues or escalate issues as needed, finalize cut-over plan Technology Project Manage CCS, Transports, Security, client copies, client refresh Mgmt !Basis Lead and apply notes and patches as needed; perform tasks associated with the schedule Customer Service Lead Final Testing, cut-over, mock migration evaluation 071029jb 0072952 Page 32 of 54 Phase Go-Live Transition Production Support Role Billing Lead Device Lead FICA Lead SD/PM/CS Lead Data Lead eServices Lead Executive Sponsor Project Manager Technology Project Mgmt/Basis Lead Customer Service Lead Billing Lead Device Lead FICA Lead SD/PM/CS Lead Data Lead eServices Lead Project Manager Customer Service Lead Billing Lead Device Lead FICALead Tasks Final Testing, Final Testing, Final Testing, Final Testing, Final Testing, Final Testing, cut-over, mock migration evaluation cut-over, mock migration evaluation cut-over, mock migration evaluation cut-over, mock migration evaluation cut-over, mock migration evaluation cut-over, mock migration evaluation Give f’mal approval to begin cut-over Execute and Manager cut-over activities Manage CCS, Transports, Security, client copies, client refresh and apply notes and patches as needed; perform tasks associated with the schedule Support Go-Live Support Go-Live Support Go-Live Support Go-Live Support Go-Live Support Go-Live Support Go-Live Assess trends in issues and coordinate follow-up training and ongoing change management activities, triage issues, work with Client Executive to execute transition plan to production support services Assist end-users with system tasks, triage issues, and participate in break-fix activities as needed or possible Assist end-users with system tasks, triage issues, and participate in break-fix activities as needed or possible Assist end-users with system tasks, triage issues, and participate in break-fix activities as needed or possible Assist end-users with system tasks, triage issues, and participate in break-fix activities as needed or possible 071029jb 0072952 Page 33 of 54 Pit ase Role Tasks eServices Lead Break-fix and after Go-Live Support SDiPM/CS Lead Assist end-users with system tasks, triage issues, and participate in break-fix activities as needed or possible 4.3.1.2 Subject Matter Experts (SMEs) The SMEs will represent the business user ~oup that will be involved in various aspects of the implementation. The SMEs’ res ~onsibilities are broken out by phase, including the major tasks within each phase. Phase Project Prep Blueprint Realization Role SMEs SMEs SMEs SMEs Final Prep Tasks Attend Kick-off meeting Attend Blueprint sessions Assist in identifying data cleansing requirements Assist in planning of data cleansing activities Participate in testing evolutions Data conversion and data cleansing activities Attend Supplier-provided CCS training Participate in cut-over activities as needed Attend Supplier-provided CCS refresh training, as needed 4.3.2 Axon Resources The following table outlines the responsibilities for each of the identified Axon roles (see Section 4.1), by Project phase. Phase Role Project Prep Project Manager Blueprint Project Manager Tasks Finalize Project Plan Develop Kick-off meeting materials Deliver Kick-off meeting in conjunction with Client management Manage daily activities of Project, resolve issues, status reports, and report to Joint Steering Committee 071029 jb 0072952 Page 34 of 54 Plzase Role Tasks Initiate training planTraining Lead (end of blueprint stage) FICALead Billing Lead DM Lead Realization and Test Customer Service Lead SD/SM/CS Lead Technical Team Pr~ectManager Training Lead FICALead Billing Lead DM Lead Customer Service Lead SD/SM/CS Lead Lead Blueprint sessions, document findings, and input data into solution manager Lead Blueprint sessions, document findings, and input data into solution manager Lead Blueprint sessions, document findings, and input data into solution manager Lead Blueprint sessions, document findings, and input data into solution manager Lead Blueprint sessions, document findings, and input data into solution manager Begin data mapping and support Blueprint sessions as needed for all FRICE-W Items; prepare technical elements of the blueprint plan Manage daily Project activities, develop status reports, resolve issues or escalate issues as needed Assist City of Palo Alto in the management of the development and delivery of end-user training, prepare communication deliverables Config, document, and test the system for functional areas of responsibility Config, document, and test the system for functional areas of responsibility Config, document, and test the system for functional areas of responsibility Config, document, and test the system for functional areas of responsibility Config, document, and test the system for functional areas of responsibility 071029jb 0072952 Page 35 of 54 Phase Role eServices Lead Final Prep Go-Live Technical Lead Developer(s) Print Workbench Developer Project Manager Training Lead FICALead Billing Lead DM Lead Tasks Config, document, and test the system for functional areas of responsibility Coordinate between on-site functional resources and off-shore development resources Develop all in scope FPdCE-W elements Develop and test print files Manage daily Project activities, develop status reports, resolve issues or escalate issues as needed, finalize cut-over plan With City of Palo Alto, manage end-user training and assist in cut-over plan finalization Final Testing, cut-over, mock migration evaluation Final Testing, cut-over, mock migration evaluation Final Testing, cut-over, mock migration evaluation Customer Service Lead Final Testing, cut-over, mock migration evaluation SD/SM/CS Lead Final Testing, cut-over, mock migration evaluation Development Lead Final Testing, cut-over, mock migration evaluation Developer(s)Break-fix on all FRICE-W and programs as needed Print Workbench Developer Project Manager Final Testing, cut-over, mock migration evaluation Manage daily Project activities, develop status reports, resolve issues or escalate issues as needed, execute cut-over plan 071029jb 0072952 Page 36 of 54 Phase Role Tasks FICA Lead Support Go-Live Billing Lead Support Go-Live DM Lead Support Go-Live Support Go-Live Support Go-Live Customer Service Lead Technical Resources (Tech Lead & Print Workbench) 071029jb 0072952 Page 37 of 54 5 Assumptions The Parties acknowledge and agee that they have employed assumptions regarding the level of staffing effort to perform the Scope of Services included in this CCS SOW. The following assumptions in the Implementation, Staffing, Technical, and Training categories are made. 5.1 Implementation Assumptions Axon will not make any modifications to the SAP source code. The City will commit to implementing a common set of technology-enabled ’best practice’ business processes and associated functionality throughout the organization. The City will use best efforts to inhibit and prevent the continuation of native processes based on prior practice and custom. The framework of the desired SOW/scope of work for the Project will be confLrmed during the Business Blueprint phase and approved, in advance, by the Steering Committee. This will provide the basis for the System’s configuration and enhancements. The City will provide Axon’s staff reasonably necessary access to all City facilities, systems, information and staff in order that Axon may perform and complete the Services. Where these facilities, systems, information or staff are managed or held by third parties, the City will endeavor to ensure that appropriate access rights for Axon are obtained from the third parties. The City will be responsible for developing all policies and procedures in support of the implemented business processes, within the scope of the Project, as well as all training relating to the implementation of any related business procedures. Decision-making and delivery of documented policies and procedures will be provided in a timely manner and at an appropriate level of detail such that Project milestones are not adversely impacted. Once the Project schedule is confu’med, the City will communicate the Project scope and timelines with its objectives internally, thereby ensuring that the proper expectation levels are set. With Axon’s assistance, the City will coordinate the System testing and user acceptance testing activity. With Axon’s assistance, the City will be primarily responsible for end-user training and the development of end-user training materials. The Parties will have joint decision-making authority on all Project matters related to this SOW. Decisions in areas related to or impacting Axon will be made in consultation with the appropriate Axon management personnel. Staffing Assumptions5.2 ®Axon will staff the Project with the ageed-upon number of qualified SAP staff resources consistent with the needs at any stage of the Project. ®The City will staff the Project with the agreed-upon number of personnel who have an understanding of the City’s existing operations. The City will dedicate staff to the Project on a full-time basis. ®The Parties’ Project team members will be collocated at the same site for the duration of the Project. ®The Parties will endeavor to commit resources to work overtime hours (as and when the Parties deem it reasonably appropriate under the circumstances) in order to complete the joint Project deliverables and to comply with the established Project timelines. ®The City will empower the Project team members to make operational decisions, especially as they relate to process changes. ® The Parties’ Project team members are expected to take normal vacation and holiday days, as well as be absent for authorized training, throughout the course of the Project. The Project management team will be reviewing staffing to determine whether or not excessive absentees are occurring ®The City will make available facilities for Axon’s personnel while they are on-site in Palo Alto, including: office space and supplies; outside network connection; individual access to e-mail and voice mail; conference call and meeting facilities; and administrative support as and when required (i.e., large volume copying or word processing). ®The City will ensure that Axon’s staff obtain reasonable access to all City sites and third party partner locations. 071029jb 0072952 Page 38 of 54 ®The City staffing resources will be qualified to perform in their stated roles and in accordance with established deadlines. If they do not, then Axon reserves the right to request replacements. ®Axon warrants that its staff resources will be qualified to perform in their stated roles and in accordance with established deadlines. Whereas this is a fixed bid Project, Axon reserves the right to adjust resources based on its discretion. However, ifa conflict arises between an Axon and a City resource, the City will have the right to make reasonable requests that an Axon consultant be replaced. The City recognizes that the changing of resources can place strain on the Axon organization and will not make these decisions without a thorough review by the City prior to the request and a reasonable reason for making such request. In addition, any such request will not occur during a period which will cause adverse Project risk. ® The City may request the substitution or removal ofAxon staffresources that are not performing as expected, or who are jeopardizing Project success. The Parties will agree to a process around this to ensure appropriate actions are taken in a timely manner without adverse impacts on Project milestones. 5.3 ® Business Change Assumptions The City’s senior management is supportive of the Project’s implementation and will establish a Steering Committee for overseeing the Project. This Steering Committee will provide visibility to the City’s management as to the status of the implementation, and Axon will be represented on the Steering Committee as well. The Steering Committee is the ultimate decision-making body, except as otherwise provided in the Agreement, and it will approve all escalated Change Control items within governing approval levels. The City’s senior management will provide appropriate executive level sponsorship and will participate in Project-related communications events as part of the overall Project change strategy The City’s co-existing or planned initiatives may be a risk and a challenge to the Project team. The City will be responsible for ensuring that the appropriate actions are taken to avoid any impact to the Project schedule, staffing, and costs. The Parties will seek to resolve any potential impact as soon as it is recognized. The City will be responsible for delivering business benefits identified and enabled by the Project. Axon will support the identification and quantification of business benefits for the duration of the Project. The City will ensure that middle management communities are appropriately engaged and committed to the Project. The City will ensure that an appropriate support organization is established prior to the solution go-live and that this support organization will be able to assume responsibility for on-going support of the delivered solution following the hand-over from the Project team. 5.4 ® Technology Assumptions The City will procure and host the technical SAP environment (Development, Test, Training, Production) that the joint Project teams need to perform the implementation. The SAP client strategy, network infrastructure, security profiles, transports and any other related SAP Basis Administration support will be provided by the City with support from Axon. The City will be responsible for providing all aspects of necessary technology infrastructure for both the Project and the SAP production environments. This will include: ~Host LAN and SAP access will be provided to Axon in a timely fashion. ;~The number of fully functioning workstations will be provided at the start of the implementation for Axon’s Project team members the number will be determined by the Parties prior to execution of the contract. The hardware and software infrastructure will be in place and working prior to the start of the Project. The City will be responsible for ensuring that the network and operational infrastructure are appropriately configured, adequately sized, and functioning properly. These specifications will be designed to meet the performance, reliability, and service levels required to support the new configurations. The City will be responsible for ensuring that all required Project team software is appropriately licensed for use by the Parties’ Project team members. 071029jb 0072952 Page 39 of 54 5.5 Process Assumptions ® The Parties will endeavor to promptly engage in prompt decision-making, problem resolution and deliverable sign-off in order to achieve an on-time, on-budget Project completion. The Parties will endeavor to make decisions and]or resolve problems within two days after the decision to be made or issue to be resolved is identified by the Parties. The City will use reasonable effort to make decisions within two days of being presented with an issue. To the extent that any decision to be made or issue to be resolved by the City in the two-day timeffame cannot be made, the City will endeavor to make a decision or resolve an issue within a five- business day maximum timeframe. If the timeframe is not met, then the Project schedule may be impacted. It is understood that these are not change order type decisions which will require steering committee and potentially board and]or council approval. ® Where decisions cannot be made by the defined Project structures, decisions will be submitted for resolution to the Steering Committee. ® The City will endeavor to avoid "scope creep" which the Parties agree could extend the Project’s implementation time schedule. The City will endeavor to minimize or decline any number of requests for additional functionality that the city determines in good faith are outside of the agreed-upon scope of the Project, unless the Parties agree that additional levels of additional staff resource will be made available to the Project to address the requests. ® The City will notify Axon of any change that may lead to a change in requirements, scope or approach. ® Axon will use its ASAP-certified methodology leveraging its best practice tools, and templates. ® The Project will utilize APSE for the management of the Project deliverables and the status thereof and transfer respective items to SAP’s Solution Manager to maintain compliance with SAP. ®When the Parties determine that it is reasonably appropriate to do so, Axon may work from its offices or other suitable off-site location. Interfaces and Conversion Assumptions5.6 ®Axon will provide resources as noted in Section 4.2 (FRICE Developer) to perform data conversion and interfacing activities. The City will provide trained staff to perform FRICE-W activities. All changes to legacy systems to enable effective data conversion or support identified interfaces will be performed by and managed by the City’s staff or third parties under contract to the City. The City will ensure that Axon’s staffhas access to all City sites and third party parmer locations. The City will be responsible for all data extracts from its legacy systems, data cleansing, enrichment and the population and provision of upload files. The City will provide qualified staff resources to perform the identified data cleansing activities necessary for the successful data conversion in accordance with the Project time schedule. Any manual conversion and]or additional data acquisition necessary will be performed by the City’s personnel. ®Interfaces that the Parties anticipate will be developed are identified in this SOW. ®The City will provide or will caused to be provided staffing resources who will modify its legacy systems for interfaces to SAP; Axon will not modify the City’s legacy systems in conjunction with this Project. The City will be responsible for all interface work to its existing legacy systems, and Axon to be responsible for all interface work to SAP. For external agency systems, the City will coordinate efforts with third parties as such efforts relate to systems. 5.7 Training Assumptions ® Axon, together with the City’s assigned Project training resource will develop the overall Training Strategy. ® The City will ensure that any identified preliminary training (e.g. basic computer skills) is performed in accordance with the requirements of the Project. ®RWD is licensed by City of Palo Alto. ®The City’s training developers will become trained by the RWD vendor through a separate contract directly with RWD’s vendor, the software purchased by the City used to prepare training materials. 07t029jb 0072952 Page 40 of 54 The City will provide the development of materials for end-user training and will conduct the training activities, including any identified post-implementation training. The City’s functional personnel assigned to this Project will receive SAP CCS Project team training from Axon. A portion of this training will be done through knowledge transfer. The City’s personnel assigned to this Project will have the skills necessary to participate in the training progam effort. The City warrants that it possesses the facilities and will provide any necessary logistics support for all training sessions, including: class schedules, meeting rooms, training rooms, material reproduction, programmers, training workstations, and any other necessary training supplies. The City will ensure that its end-users attend the training sessions. The City will not issue user-id to end-users who have either not attended the scheduled end-user training or have not demonstrated the required level of competence in the SAP CCS system during the assessment activities included within the end-user training. Axon will provide a "Train-the-Trainer" approach and methodology to complete the End-user Training. The City’s personnel will develop and conduct the training courses for its end users with the support of Axon. SAP-related Project team training at SAP’s training facilities will be excluded from consideration by the Parties. If SAP training is required, this will be determined by the Parties during the discovery phase before contract execution. 5.8 ® Programming Assumptions Axon has reviewed the City’s preferred requirements for the Project and accordingly has priced the development effort required for all FRICE-W elements. Axon will further review and refine the pricing estimates during the discovery process before contract execution. During the Business Blueprint phase, the City will further determine which of the City’s business processes and functions can be met with either configuration of those standard SAP functions and which of the functions will be customized to meet the City’s unique needs. Axon will staff the Project with all reasonably necessary personnel development resources and will define an appropriate number of personnel development resources and hours to be assigned by the City to assist Axon in meeting all of the FRICE-W elements. These allocated hours will be used for the development of FRICE-W (including Portal development), and Workflows. Axon will determine the FRICE-W elements which will be customized to meet the City’s business requirements. However, either the City will determine initially the desirability of customization or it will accept the standard available capabilities of the SAP Software. Tlae City will also provide trained staff resources to add to the FRICE-W elements’ pool of available progamming hours. The City’s progamming (e.g., ABAP/4) staffing resources will be included in the CCS SOW. 5.9 Travel and Expense Assumptions ® Axon’s travel costs and expenses are included in the fixed price of this Agreement. 071029jb 0072952 Page 41 of 54 6 Project Management Processes The Project’s management processes represent the detailed Project management and control processes that will be adopted by the SAP implementation. 6.1 Project Management Tool Axon will provide the APSE. This is a web-based tool which will be made accessible to the Parties’ Project team members. Key Project management processes that APSE will enable are: ®Deliverable status management ®Deliverable review & sign-off ®Issue & Risk Management ®Training Scheduling ®Communications Management (9 Business Case Management ®Forms, Report, Interface, Conversion and Enhancement (FPdCE) Management ®Testing Management Axon will provide its APSE free-of-charge to the City during the Project. Axon will also provide APSE user training for the City’s Project team members. Information at the end of the Project will be in a usable format for the City to archive. In addition to APSE, Axon will utilize the SAP Solution Manager toolset and warrants that the toolset will be populated with sufficient City information to allow SAP to perform the needed, periodic SAP software checks. 6.2 Project Controls The Project will adopt the following status reporting processes to control the Project progress and identify and prioritize any issues that may arise. 6.2.1 Project Plan and Status Tracking The PMs will have responsibility for developing a detailed Project plan for the implementation. Progress made under this plan will be tracked by Axon based on objective criteria to assess whether the Project is on track, and to identify and initiate any corrective actions necessary. Examples of objective status tracking criteria include: ®Design phase - % of design issues closed, number of specifications written; ®Realization phase - % test scripts successfully executed; ®Go-Live - number of users completing training classes; and ®Support - number of go-live issues closed. 6.2.2 Weekly Status Report The Parties’ functional, technical and change teams will be required to jointly produce a weekly summary status report, which will include information regarding the following: ®Progress vs. planned deliverables and tasks in current period ®Any issues arising and containment plans ®Any change in impact/probability of risks ®Any change requests arising ®Dependencies on other work-streams / Projects and current status ®Plans & deliverables for coming period. 6.2.3 Other Project Controls ®Risk Management - the Parties will jointly maintain a risk register to keep track of risks, their potential impact and probability, and the status of any mitigating actions agreed. The PMs and the Steering Committee will 071029jb 0072952 Page 42 of 54 periodically review the list, identifying any new risks, or existing risks with changed impact/probability and review mitigation plans as necessary. ® External Dependencies - for all of the other City projects and programs, the City PM will identify and actively manage key milestone dependencies in coordination with the teams of the corresponding projects. ® Change Control - all material changes to the agreed-upon scope, timelines or resource requirements will be subject to the Change Control process outlined in Exhibit "H". ® Project Planning - The Parties will jointly maintain implementation plans for the Project, containing all Project milestones and planned activities together with the agreed-upon dependencies between these activities. The High Level Project Plan will be maintained in MS Project. All of the above controls will form the basis of the input to the weekly Project management meeting. Once a month, these reports will be included in a report to the Steering Committee ("Project Status Report".) 6.3 Issue Management Process 6.3.1 Process Overview The PMs will institute the following issue management process to identify issues as they may arise, and keep track of their progress through resolution in a timely manner. Issue or Enter Pdmaw Change Details on Owner T&am Identified Issues Log Reviews log Key Issue Instigator (ALL) Primal’ Owner (Team) Issue Owner (Team Member) Program M~ J Steering Group Issues Review Meeting No Yes Assign Owner Assign Owner Resolution Process a ppr0Va! ~od, es C--7-oose Issue & record Close Date i Assign No I Owner Issue Resolution 6.3.2 Escalation Procedure The following escalation procedures will apply whenever an issue cannot be resolved in a timely manner, and whenever risks could impact the Project’s time schedule or costs. All issues that are escalated must be accompanied by options, implications and a recommendation. 071029jb 0072952 Page 43 of 54 Type of issue Policy Design Scope Technical Escalation Path 1.Workstream Lead 2.Project Managers 3.Steering Committee 1.Workstream Lead 2.Project Managers 3.Steering Committee 1.Workstream Lead 2.Project Managers 3.Steering Committee 1.Technical Workstream Lead 2.Project Managers 3.Steering Committee The numeric sequence associated with each escalation path will indicate the order in which an issue will be considered by the respective governance body for resolution. 6.3.3 Change Control The Change Control process will be used whenever the escalation of an issue below leads to a change in: ®Project Scope (business processes or SAP Module and Components required); ®Project Duration (Schedule) and associated Milestones; ®Project Resourcing levels; or ®Project Deliverables. The Change Control process will be triggered. See Exhibit "H" for a description of this process. 6.4 Quality Assurance Process Axon will be primarily responsible for ensuring that quality assurance process and the quality plans are in place for Project management and solution development in accordance with industry standards. Axon will be responsible for ensuring that all deliverables attain the required level of quality required to ensure the successful completion of the Project and acceptability of the deliverable. The City and its designees (such as SAP representatives) will also take an active role in the quality assurance process. The Quality Assurance Approach outlined below provides the framework for ensuring that quality objectives are set and both customer and regulatory requirements are met. 6.4.1 Purpose and Objectives The Parties agree that the goal of Project Quality Assurance is of the required quality and client satisfaction. The over-riding purpose is to ensure that: 1.Quality standards will be established, in advance, and will be clearly defined and understood by the Parties’ persormel who will be directly responsible for the completion of the Project; 2. All delivery processes and mechanisms will be clearly identified and understood and have defined outputs and quality checks designed into them; 3. A high quality, flexible solution will be developed. 071029jb 0072952 Page 44 of 54 6.4.2 Quality Management Approach The Parties agree that the Project’s objectives will include Quality Assurance as an integrated element of the Project process and will not be a series of optional bolt-on components. The key elements of this approach are, as follows: ® Integration: Ensures a critical path has been def’med for the overall Project scope of work; defines the 3-5 major themes around which the Project can be aligned; ensures a balance between research, analysis, planning and doing; focuses on educating the Parties’ Project team members in the key goals and objectives of the Project. ® Mobilization: Entails a clearly articulated strategy of events to involve the Parties’ Project team members; focus on the cycle of change as the driver for improvement; Project team members understanding of their role as change agents. ®Communication: The Parties’ Project team members will be identified before Project commences; strategy will be created for consistent communication messages; full use will be made of communications mediums (reports, newsletters, meetings, etc.); metrics will be developed to measure communications effectiveness. ® Project Sponsorship: the City will develop clear expectations with senior management/officials; the sponsorship role will be defined; a firm commitment will be clearly demonstrated through actions; personal role- modeling of required behaviors and actions will be developed. ® Team Enablement: Entails the definition of skills and competencies; a clear mandate will be given by the Parties to its teams; a common expectation of what success is for each Project team will be developed; the appropriate leadership of the Parties will be in place; a common view of the team model will be used. ® Roles and Responsibilities: The Parties will jointly develop the roles that can be understood by sponsors, teams and support mechanisms; Axon will develop established procedure for resolving issues; the Project team members’ roles and responsibilities will be identified in the Project’s charters and mandates. ® Project Planning: A holistic view of the Project aims based on agreed-upon objectives will be adopted; the proven charters, the milestones and a review of the mechanism in place can occur during the approval process agreed-to in advance for Project recommendations; ownership of the integration process will be undertaken by the Parties. The above will serve to highlight the importance of ensuring the inputs to commence the Project are professionally managed. Stated below are the key components of the Quality Assurance approach that the Parties will employ. Quality Component Description / Terms of Reference Individual Team Member Accountability Axon Audit Each team member is accountable for the quality of the deliverables on which they work and must ensure that all activities conform to the agreed Project Quality Standards Axon audits are focused around a health-check of the Project itself (rather than technical quality assessment), and engage key executive stakeholders for their perspectives on Project performance and Project status. For City of Palo Alto Project, we would propose conducting these at the end of Design and Go-Live for each Phase Formal contract review A series of formal monthly contract reviews.meetings A set of meetings and processes to ensure that the Project is delivered on time, toProject Governance budget and to the agreed scope and quality. Defined processes enabled though the use of a formal Project management toolset, Risk management and issue either the Axon Project Support Environment ("APSE") or a similar tool, which management processes provides the correct balance of Project control and efficiency to ensure quality delivery. Project Documentation Either APSE or similar tool, shall act as a repository of al! Project documentation Database (both Design and Project Management). Scope control process Clear processes enabled, with a supporting toolset, to ensure quality. 071029jb 0072952 Page 45 of 54 7 City-Provided Assistance The City will provide the assistance below to Axon to enable Axon to provide the Services and meet its obligations under this A~eement. In the event that the City fails to provide the required assistance, the impact, if any, will be assessed by the Parties and an appropriate change request will be issued to reflect the likely impact on the cost, scope or timelines of the Project. The City will generally provide or secure: ®The Project infrastructure; ®Secure remote access to the City’s facilities which Axon’s Project team members will occupy; ®The required software licenses issued by SAP; ®Other information and assistance as may be reasonably requested by Axon; and ®The office space and furnishings All items are outlined in detail below. 7.1 City-Provided Project Infrastructure The following table describes the hardware specifications that will be required to support the Parties’ Project team members. If an item is "required," then it will be required of all Project team members; if an item is marked "developer", it will be required only for developers and architects working on the Project: Component Pentium 4 CPU 2 GHz 1 GB RAM 50 GB DISK 2 GB RAM The following table provides an outline of the required capabilities of each of the computer: Component Capable of running all software components listed below Capable of connecting to City of Palo Alto local area network Capable of connecting to City of Palo Alto email & calendar facilities Connected to any Project repository or file share (e.g. network drives) Connected to SAP development environment Connected to a Project printer Capable of connection to Internet, or the following named sites: ® http:/!www.sap.com ® http://service.sap.com ® http://sdn.sap.com Required/ Developer Required Required Required Developer Project’s team member’s Required/ Developer Required Required Required Required Required Required Required 071029 jb 0072952 Page 46 of 54 Component Required / Developer ®https://wx~v.axonradio.com ®https://www.axon global.corn ®http://us.outlook.axonglobal.com ®Other sites as requested as necessary_ to carry out Axon requirements under this agreement Capable of displaying a minimum resolution of 1024x768 Local administrator rights / local registry rights Required Developer 7.2 Connectivity of Axon Laptops to City of Palo Alto Network Resources Axon’s consultants will use their own laptops or personal computers provided by the City, provided that accessibility to the required support web sites, SAP, and the City Network/Project documentation is available. Full details of connectivity requirements are outlined in Section 7.3 below. Axon notebook computers will be provided access to the City’s network, including SAP access, file shares, APSE, and e-mail, under the following conditions. The access provided to notebook computers will be equivalent to access provided by the City’s desk-top computers. Axon will maintain virus protection acceptable to the City with current virus software and signature files. The City’s IT staff will inspect Axon’s notebook computers to verify the existence of virus protection and Microsoft security patches are maintained at current levels. Axon will be responsible for securing and maintaining virus software and signature files. Axon will ensure all data and files created by Axon’s personnel are stored on the City’s networked servers and not in the hard drive of Axon notebook computers. Axon will be responsible for any loss of data due to hardware failure of an Axon notebook computer. Axon will be responsible for licensing all standard Microsoft Office sot~are installed on Axon’s notebook computers (i.e. Microsoft Office, Project, Visio, etc.). Axon will be responsible for installation and configuration of all software required on Axon notebook computers. In the event of a virus outbreak, Axon will disconnect its notebook computers from the City’s network if the City has requested such action be taken. In the event of a virus outbreak, Axon will be responsible for cleansing all of its notebook computers, regardless of the source of the virus. Axon will comply with the following general terms and conditions regarding its use of personal computers: Axon’s personnel will comply with the City’s employee policies regarding acceptable use of the Internet and e- mail whenever they are using the City or Axon’s computers at all times that Axon’s personnel are at the City’s facility, or connected to the City’s network remotely. This also includes all content stored on Axon’s notebook computers that will be brought into the City’s facility. Axon personnel will not copy or distribute licensed software purchased by the City. Axon’s personnel will not distribute or load, respectively, any Axon-licensed software to the City’s personnel or computers without the City’s proper verification that any such software has been licensed by the City. If the connectivity and general personal computer requirements cannot be met to allow Axon’s laptops to be attached to the City’s network, then the City will make available to Axon’s personnel desktop personal computers or laptops, as is reasonably necessary and appropriate for them to deliver the Project, and to otherwise fulfill obligations under this Ag-reement. 071029jb 0072952 Page 47 of 54 7.3 Software The following table provides an itemization of the SAP software packages that the City and Axon’s Project team members will need to deliver the implementation services agreed to by the Parties. The requirements of the developers and architects will be marked "Developer": Vendor Package Version Required / Optional Microsoft Windows (1)2000 or later Required Microsoft Office (1)2000 or later Required Microsoft Internet Explorer (1)5.5 or later Required SAP mySAP ERP 2005 Required SAP SAP GUI for Windows 7.0 or later Required SAP SAP SDK / Portal PDK 7.0 or later Required SAP NetWeaver Developer Studio 7.0 or later Required SAP NetWeaver IDE 7.0 or later Required Microsoft Access (1)2000 or later Required as Necessary Microsoft Project (1)2000 or later Required as Necessary Microsoft.Visio (1)2003 or later Required as Necessary Note: 1) Indicates that software will be licensed by Axon for use on Axon consultant laptops where appropriate. Version requirements for additional software are dependent upon SAP version utilized and may change depending on the specific SAP usage required by the City. The City will procure all licenses for software specified in the table above, both SAP and non-SAP, directly from the software providers. Licenses will cover both the City and Axon’s staff resources who are assigned to the Project and any other City staff, as appropriate. 7.4 Access to City Personnel The City will endeavor to ensure the success of the Project by securing the involvement of the appropriate City personnel at the appropriate times. The City’s personnel will include those personnel directly involved in the Project and those in the business areas and functions that will be directly impacted by the Project’s implementation. The City will provide Axon with reasonable access to the City’s personnel, provided Axon reasonably requests such access within a timeframe that is not unreasonable. 7.5 Office Space and Furnishings The City will make available to Axon’s personnel the following office space, furnishings, and storage space: 071029jb 0072952 Page 48 of 54 Infrastructure Requirement Office Space 1~ Office Furnishings Office Facilities Office Infrastructure Office Stationery Details ® Project Room An appropriately sized, open-plan area to allow co- location of all City of Palo Alto and Axon Project Team members ® Meeting & Syndicate Rooms -*" An appropriate number dedicated Project meeting regular Project meetings workshops of appropriately sized rooms to enable both and business related Meeting rooms to be equippedwith: ¯Whiteboards & surfaces suitable for LCD Projectors ¯Conference call facilities System & UAT Model Office Environment Model office location appropriate to accommodate identified system and user acceptance testing teams ® Training Facilities An appropriate number training rooms, located so as to be accessible to the target user community and fidly equipped to allow delivery of the developed training materials Desks Chairs Personal storage areas Waste Bins Water Dispensers Tea & Coffee / Hot Drink Facilities Restrooms Each desk to have telephones with external dialing facilities including long-distance and, where appropriate, international dialing ® Each desk to have access to spare AC power sockets ® Fax machine ® Networked laser printers - >20 ppm > Color and Black & White ® LCD Projectors ® Photocopiers ® Stapling and binding equipment ® Secure waste disposal facilities (e.g. shredders) ® Access to supplies of standard office stationery Note: 1) All office space and furnishings are to comply with prevailing local health & safety requirements. 071029jb 0072952 Page 49 of 54 7.5 The City’s Facilities The City will be responsible for provision of extended hours technical and infrastructure support (as necessary) in- line with the working hours of the Project team taking into account critical activities and any Project team resources working in other geogaphies. The City will be responsible for reasonable telecommunications charges of Axon’s personnel that are incurred in making calls from telephones at the City’s facilities in the performance of Services under this Ageement. The City will provide Axon’s personnel with reasonable computer network access to perform their duties at the City’s facilities, including, but not limited to, appropriate intranet, intemet, and e-mail access. Axon will be responsible for all other telephone and telecommunications usage charges incurred by its Personnel, including communication with the off-shore facility. Office space and furnishings will be reasonably commensurate with those facilities provided to the City’s personnel working in similar roles. The City will afford Axon’s personnel reasonable non-exclusive access to any premises controlled by the City other than the Project facilities to the extent necessary for Axon to perform the Services under the Ageement. The access will be ganted during the City’s normal business hours of the relevant City premises. If access is required outside the normal working hours for the relevant premises, Axon will arrange an appointment in advance with City of Palo Alto in accordance with the procedures for the premises. Unless otherwise agreed, Axon will be responsible for the personal property that its personnel may bring onto the City’s facilities or other third party premises and will remove it as and when requested by the City, in writing. With the exception of Axon’s notebook computers, Axon will be responsible for ensuring that such property is: ® Clearly labeled as Axon’s property ® Registered with the City’s site security 071029jb 0072952 Page 50 of 54 8 Pricing and Payment This CCS SOW will be developed in accordance with the fixed price a~eement between the Parties as reflected in Exhibit "C". 8.1 Additional Services Rates If any additional work outside of the fixed price becomes necessary, a Change Request will be submitted by the requesting party to the other party. The fees listed below will be used to compute the costs associated with the change. Axon has developed the cost model based on a discounted rate card. Daily rates are based upon a standard 8-hour work day and do not include travel expenses, where required. Axon Rate Card Level Program Director Project Manager Training Architect Training Principal Managing Consultant Senior Consultant Consultant Technical Architect Reporting Architect BW Consultant Data Migration Architect Offshore Developer Offshore BASIS Project Role Engagement Director Project Manager Training Architect Training or Change Principal Workstream Lead Senior Consultant Consultant Technical Lead Reporting Lead BW Consultant Data Migration Lead ABAP Developer BASIS Consultant Daily Rate $2,000 $1,700 $1,450 $1,250 $1,500 $1,300 $1,200 $1,600 $1,600 $1,400 $1,400 $275 $3OO Hourly Rate $250.00 $212.50 $181.25 $156.25 $187.50 $162.50 $150.00 $2OO.OO $200.00 $175.00 $175.00 $34.38 $37.50 071029 jb 0072952 Page 51 of 54 Item No. 1 2 3 4 5 6 EXHIBIT "B-I" FINAL SYSTEM ACCEPTANCE CRITERIA - CCS Acceptance/Rejection of Final System Acceptance - Sign-off Form - <Month, Year> Deliverable Target Responsible or Assist Date Completed Comments and/or Defect Description Signature Customer Proj Mgr Sign off Date 071029jb 0072952 Page 52 of 54 m 9 oE~o 7-7-7- EXHIBIT "C" PRICING SUMMARY -/-/- EXHIBIT "C-I" UPGRADE PAYMENT SCHEDULE -/-/- EXHIBIT "C-2" ESS~SS PAYMENT SCHEDULE -/-/- EXHIBIT "C-3" CCS PAYMENT SCHEDULE [Spreadsheets for Exhibits "C", "C-I", "C-2" and "C-3" are attached] 071029jb 0072958 EXHIBIT "C" PRICING SUMMARY a 9.5 month ~osed) CCS Schedule: Expenses Total Cost $1,094,675 $207,988 $1,302,663 $411,725 $78,228 $489,953 $3,812,350 $687,107 EXHIBIT "C-1" UPGRADE PAYMENT SUMMARY Anticipated Phase Deliuerable Month Acceptance Criteria Payment Amount Project Preparation Project Prep Phase Complete 1 Al~ detiverab[es from the Project Preparation Phase are completed $172,926 Blueprint Business Blueprint Report 2 All deliverables from the Blueprint Phase are Approved completed $172,926 .......Realization Technical upgrade Teats 3 Technical upgrade tests are completed $172,926End-user upgrade training materiels are End-User Training Materiels 4 completed $172,926 (30 Live 5 System is cut-over into productive use by end $172,926users Final System Acceptance Final System Acceptance System has met the Final System Acceptance Criteria 5£6,070 Support IPoat Go Live Support tPest go live Support completed $133,975 Total $1,094,675 Expenses by month Month Expenses 1 I $11.211 2 $40~1623547.380~$47,380 5 $43~761 Suo~3ort Month 1 $18.0£5 Totel 1 t, Airfare is coach class with 3 week advanced fare purchase where Feasible. . ............................................. 2. Pet diem is Federal Per Diem for Pale A~to $59 pet person pet EXHIBIT "C-2" ESS/MSS PAYMENT SCHEDULE Blueprint R~:alizstion Final Preparation I~nal System Acceptance Deliuerable Blueprint Baseline Configuration compteted User Acceptance Test Go Live Final System Acceptance Anticipated Month 1 2 Acceptance Criteria 9]ueprint completed. n’Cdal baseline (approx. 80%) is completed by the Consultant Technical upgrade tests are completed Jser acceptance teat is completed. System has met the Final System Acceptance Criteria Payment Arneunt $78,581 $78,581 $78,581 $78,581 $34,926 Suppo~Post GO Live Suppo~Post go live suppo~ completed $62,475 Expenses by month Month Expenses 1 $12 ~039 .................... 2 $18 ~055 3 $18 4 $18,055 .......... Suloloort Month 1 $12.024 4 EXHIBIT "C-3" CSS PAYMENT SCHEDULE Phase Project Preparation Blueprint Build Test Oeliuerable Project Prep Phase Complete ]n~tiat Project Team Mobilized Business Process Workshops Completed Business Blueprint Report Approved Baseline Configuration completed Final Configuration completed Functional Un~ Test completed Anticipated Month 1 2 3 4 $ 6 7 8 £ Integration Teet completed Final Preparation Cut-over Plan Approved 10 Final System Acceptance Support Go Live Final System Acceptance Post Go Live Support Month 1 Post (30 Uve Support Month 2 Acceptance Criteria All deliverables from the Project Preparation Phase are completed. Required in~tiat resources for the project are sLLe and productive Business Process Workshops have been conducted and completed w~th documented business processes completed. Business Blueprint document is delivered and accepted by the Cfty Initial baseline (approx. 80%) is completed by the Consultant Final configuration is completed and ready for integration testin9Unit Tests across atl configuration (does net include FRICE-W elements) has been completed. Integration across all configured business )recesses is successfully completed A comprehensive Cut-over Plan is designed and approved. Plan will still be subject to further refinement. System is cut-over into productive use by end System has met the Final System Acceptance Criteria First month of post go tire support completed Peryment Amount $304,848 $304,848 $304,848 $304,848 $304,848 $304,848 $304,848 $304,848 $304,848 $304,848 $338,720 $228,500 Second month of post golive support completed $198,650 ................................................................................................. ~ .................................................................................~,~,~ ................iiiiiiiiiiii Month Expenses 1 $2~748 2 $27,622 ...................................................................................3 $50 296 ............................. 4 $63.g01 5 $72,971 ...................i ................................................................... 6 $75 238 ....................................................................................................................................... 7 $84.3088$82,041 9 $82~041 .........~ .................................................................................................................. 10 $70.703 ; .... Support Month 1 $45 761 , . .....................................Support Month 2 $29~477 .................................i ................................................................................................................ $687i107 .. ~ Per ~ b ~eeera~ P~r Pi~e[et pale A~o T~£ Pt[ P~’Z0£ Pff’ nag.. ...............................................................................................................~.... ~ ~... 5. A~to~0bile~s $270 per week pe[ per#on 2 people ~ e~£h veh~cl~. ..................................................... EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED YES YES YES YES TYPE OF COVERAGE NO REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE WORKER’S COMPENSATION AUTOMOBILE LIABILITY COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED STATUTORY STATUTORY BODILYINJURY PROPERTY DAMAGE BODILYINJURY & PROPERTY DAMAGE COMBINED. BODILYINJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILYINJURYAND PROPERTY DAMAGE, COMBINED ALLDAMAGES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COSTAND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II. INSURANCE COVERAGE MUST INCLUDE: A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY - SEE, SAMPLE AGREEMENT FOR SERVICES. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): 071029jb 00?2953 EXHIBIT "D" INSURANCE REQUIREMENTS D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): 111. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY OTHER INSURANCE CARRIEDBY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSSLIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITYAT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM. Firm:Axon Solutions, Inc. Name:Stephen J. Wilkes (Print or type name) Signature: Name: (Print or type name) NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. 071029jb 0072953 ACORD. CERTIFICATE OF LIABILITY INSURANCE 1,,,~,~,%~o~’’~’’ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE1740R~oad~y HOLDER. TH~ CER~FICA~ ~ES NOT ~END, EXTEND OR COVERAGES 7352 63 40 3583 16 bl ACORD 25-.S CANCELLATION EXHIBIT "E" Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 1.If Proposer is INDIVIDUAL, sign here: Date: Proposer’s Signature Proposer’s typed name and title If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: Date: Member of the Partnership or Joint Venture signature The undersigned certify that they are respectively: EXECUTIVE VICE PRESIDENT and Title Member of the Partnership or Joint Venture signature If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: Title Of the corporation named below; that they are designated to sign the ProposaI Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. AXON SOLUTIONS INC. Corporation~ ,Name ttype or print) \ ~ J;.’ /’4. :i ’,: ~ ~,~’,By: }~~’"J~ ~~ "s--.2." ~ Title: Date: OCTOBER 24, 2007 STEPHEN J. WILKES - EXECUTIVE VICE PRESIDENT 071029jb 0072954 EXHIBIT "F" SPECIAL TERMS The A~eement and the Exhibits use special terms, which are initially identified as words in quotation marks. The special terms to be referred to in Part 2 hereof, as mutually determined by the Parties after the Effective Date, will have the meanings set forth in this Exhibit "F", uNess the context clearly indicates otherwise. Part 1 For the proposes of this Agreement and the Exhibits, the Parties acknowledge below some or all of the SAP trademarks and registered trademarks referred to herein; provided, however, their corresponding descriptors and registration statuses in the U.S.A. will not be acknowledged herein by reference in this Agreement and the Exhibits. ABAP/4® and ABAPTM programming languages Accelerated R!3TM Accelerated SAPTM methodology ASApT~ Business Framework BW Explorer mySAP.comTM my SAP Business SuiteTM my SAP CRMTM SAP® SAP R/2TM SAP R/3TM SAP NetWeaverTM Part 2 [TBD] 071029 jb 0072955 EXHIBIT "G" DEFINITIONS OF DEVELOPMENT OBJECTS FRICE-W ELEMENT FOrlTIS Reports Interfaces Conversions DESCRIPTION A "Form" is a defined output document from SAP that fits a particular format, normally delineated in specific boxes and / or on specifically dimensioned paper. All Forms that are required by the City will likely need some customization to the delivered SAP format. A "Report" is a defined output document from SAP that normally has identified output data arranged in a rows and columns format. SAP delivers thousands of standard Reports, once the System is configured, and it has the relevant data that are needed to be included in the reports. Additionally, SAP has a number of query and report writing tools that can be used by end-users. However, the City will likely require the customization of a number of Reports beyond what SAP may provide as standard Reports. This might require modifications to be made to standard Reports, which can be altered to fit the City’s requirements, or complete custom Reports may be required. In addition, Axon has a number of custom Reports in its repository that it will share with the City during the design workshop sessions as part of the Blueprint phase. An "Interface" facilitates the exchange of data between systems. SAP provides many places and methods for data to be imported or exported from the system such as IDOCs and BADI \ BAPI routines. However, often a software development is required in order to format data, provided from an external system, into data that is required by SAP or to extract the data from SAP into a format required by an external system. In addition to the interfaces identified in an attachment to the relevant SOW, there will possibly be a number of Interfaces required to link other external systems to SAP. A "Conversion" is the migration of data from an existing system to SAP that will most likely require an amount of data cleansing, data conversion, data extraction, and data load to SAP. Any current and historic data that need to be cleansed and converted from the current City system into SAP must be mapped and programmatically converted into SAP prior to the commencement of the Production environment. Software 071029jb 0072956 FRICE- W DESCRIPTIONELEMENT development effort will be required to achieve this. Enhancements Workflows An "Enhancement" is a software development necessary to deliver specific required functionality that is not met by standard SAP functionality. Additional Enhancements may be required to copy and then modify delivered standard SAP functionality. Although SAP standard functionality, without configuration, will produce much of what is expected from or by the City, Axon anticipates that some minor Enhancements may be required, and Axon may be required to create one or more ’Solution Definition Documents’. A "Solution Definition Document" is a word template that is used to comprehensively document a specific area of SAP functionality. These templates are used to capture the key implementation guide ("IMG") nodes that have been configured for a specific piece of SAP functionality as well as define any FRICE-W components that complement the functionality described in the Solution Definition Document. The goal of these documents is to allow the reader to obtain a comprehensive and detailed understanding of all the related SAP configuration, process specific requirements, and FtLICE-W components that will integrate together to provide end-users with the required enhanced SAP functionality. A "Workflow" is a series of triggers and events that can be configured in SAP, and the amount of time required to program the processing logic in SAP will vary, depending upon the complexity of the Workflow. SAP delivers many standard Workflows with appropriate triggers and events, which can be configured. However, if additional processing logic will be required, a standard SAP-delivered workflow will be copied and modified in order to meet requirements. 071029jb 0072956 FRICE-W Development Estimation Table Axon will refer to the following table when it must estimate the programming activity that may be required for the realization of any individual FRICE-W development object. Such time will not be utilized without the express written authorization of the City PM. FRICE-W Development Objects Effort [In Hours] Table Complexity Custom Object Very Very Low Low Medium High High Form 20 40 120 160 200 Report 20 40 120 160 200 Interface 40 80 160 240 320 Conversion 40 80 160 240 320 Enhancement 40 80 160 240 320 Workflow 40 80 160 240 320 BW InfoCubes 60 120 200 320 400 071029jb 0072956 EXHIBIT "H" CHANGE CONTROL PROCESS This Exhibit "H" describes the change control (the "Change Control") process (the "Change Control Process") for this Project. The Change Control Process will utilize various change request procedures (each a "Change Request Procedure") to manage all changes to the scope of the Project and/or to the cost of the Project. Each Change Request Procedure is intended and designed to manage the processing of a proposed change, which will be submitted on a change request form (each a "Change Request") while at the same time ensuring that the decisions are traceable and made at the correct level. A Change Request Procedure will ensure that: ® The Project baselines are established; ® Each Change Request is identified and managed efficiently; ® Appropriate groups are made aware of the status of each Change Request; ® A Change Request is monitored, approved, deferred or withdrawn; and ® Timely decisions are made and the process is efficient. The Parties acknowledge that the Change Control Process is primarily intended and designed to minimize ’scope creep’ and ’cost creep’ within the Project The following sections outline the Change Control Process. Scope of Change Control Process The Change Control Process will apply to all scope and /or cost changes which will impact the Project. Within this process, whenever a potential change in scope or cost is identified by Project team members, the Change Request Procedure will be performed, resulting in the submission of a Change Request. A valid Change Request means and includes any request to make a change relating to one or more of the following: ®The Business Processes or SAP Module and Components that is or are required; ®The Project / Project Duration (Schedule) and associated Milestones; ®The Project / Project Budget; ®The Project / Project Documentation and / or Deliverables; ®The SAP Technical Architecture; ®The Scope of Functionality - meaning, a change that adds, changes, or deletes planned functionality resulting in one or more of the following: >A change to the FRICE-W components within the scope of the SOW; ;-A change to the configuration within the scope of the SOW; >An identified increase in the size of the unspecified FRICE-W Budget. 071029jb 0072957 Guiding Principles The following principles will govern the Change Control Process and the Change Request Procedure: ® All changes will be tracked, regardless of size, as the cumulative effect of many changes, even when minor, can result in an overwhelming effort for the Parties’ Project team members; (9 Change Requests will be documented through the Change Request Procedure, utilizing the Change Request tracking solution in APSE; ® Change Requests must be raised by either the Workstream Leads or Technical Leads, or the Project’s Leadership; ® Change Requests will be approved by the City PM prior to the commencement of additional work or ending of current work; ® Change Requests impacting the following criteria and outside the approval authority of the City PM will be subject to the approval of the Steering Committee: >Project timeline; >Project cost; >Project scope; ®Change Requests will be subject to the rates and other terms and conditions as set forth in relevant SOW. Change Request Procedure The following Change Request Procedure will be adopted for all changes to each of the SOWs: a) A Change Request will be completed and logged in APSE for all changes to the Project. b) Any Change Request submitted by a Party will provide the following minimum information: ®Tracking document reference; (9 The names of the originator, the requestor, and the date of the Change Request; ®An explanation of the Change Request, including potential benefits and/or impacts, if any; ® The impact of not implementing the change. c) Each Change Request will be reviewed and assigned one of the following initial statuses: ® Approved for investigation, along with agreed time and cost allowances for any investigation effort on a CR which is subsequently rejected; such cost allowance will be agreed upon, in advance, by the Parties; ®Deferred for consideration at a future date; ®Rejected and Closed. 071029jb 0072957 d) The Axon PM will respond to each Change Request that is approved for investigation (per the above) and will assess the potential impact on project scope and / or cost and / or duration and will update the Change Request with an outline of: ® The potential technical solution to the Change Request; ® The impact on the Project, including, but not limited to, any or all of the following: deliverables; the Project duration; labor effort for either/both of the Parties’ Project team members; the SAP Production environment; ® The cost, if any, for any additional Axon resources, including labor and expense fees estimates. e) Each updated Change Request will be reviewed again and assigned one of the following approval statuses: Approved for inclusion in the current Release/Deployment, where the impact on the current related SOW is outlined and approved as part of the Change Request. (If required, the City PM may submit the Change Request to the Steering Committee for final approval or referral to the City Manager); Approved for inclusion in a future phase, where the impact on the future phase is outlined and approved as part of the change request; Deferred for consideration at a future date (which will, at such future date, include reviewing costs / time estimates); Rejected and Closed. f) The Change Request on APSE will be updated at each step with the then current status. The Parties will in good faith review and approve or reject any such Change Request within a reasonable period of time of no more than five (5) business days, from the return of the ’investigated’ Change Request. If the Change Request is accepted, it will trigger a formal change to the respective SOW or the SOWs, and, if appropriate, fees and payment schedule. Change Control Tool APSE will be used to manage the Change Requests that are submitted. allow: The tool will ®All potential Change Requests to be captured in a central repository; ®Sign-off capability at all relevant stages of the Change Request Procedure; ®Workflow technology to promote efficiency; ®Clear reporting to facilitate the effective management of the Change Control Process; and ® Tracking of updates to each logged Change Request. 071029jb 0072957 ATTACHMENT B City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 6 FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES DATE:JULY 23, 2007 CMR: 313:07 SUBJECT:APPROVAL OF CONTRACT CHANGES ASSOCIATED WITH THE SAP UPGRADE AND SAP’S INDUSTRY SPECIFIC SOLUT1ON FOR UTILITIES (IS-U) FOR LICENSING, MAINTENANCE, AND TRAINING RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached Software License and Service Agreement (Attachment A) with SAP Public Services, Inc. in the amount of $330,422 plus tax for IS-U and; Approve and authorize the City Manager or his designee to execute the attached Amendments (Attachment B & C) with SAP Public Services, Inc. for the purchase of Premium Support in the amount of $169,178 for a period of 5 years with annual Consumer Price Index (CPI) increases. Approve and authorize the City Manager or his designee to execute the attached Maintenance Schedule Addendum (Attachment D) with SAP Public Services, Inc. for the purchase of extended maintenance support at no cost. Approve and authorize the City Manager or his designee to execute the attached Software License Agreement (Attachment E) with SAP, Inc. in the amount of $44,752 for Adobe Interactive Forms plus tax, on-going maintenance, and CPI increases. Approve and authorize the City Manager or his designee to execute the attached Appendix (Attachment F) and Statement of Work (Attachment G) with SAP Public Services, Inc. for the purchase and implementation of Productivity Pak in an amount not to exceed $92,000 plus tax, on-going maintenance, and CPI increases. CMR:313:07 Page 1 old Approve and authorize the City Manager or his designee to execute the attached agreement (Attachment H) with SAP Public Services, Inc. for the purchase of training services in the amount of $100,000. DISCUSSION Proiect Description Prior to upgrading the existing SAP system and implementation of IS-U, it is necessary to put into place all software licensing, maintenance, and training. Once these items are in place, a professional services vendor ~vill be selected for the upgrade of the existing SAP system and implementation of IS-U. Staff is currently conducting vendor interviews and will ask for Council approval at a later date, for the execution of the professional services agreement. To address the challenge of disparate business systems within Information Technology’s Strategic Plan, the City standardized on SAP as its enterprise resource planning (ERP) solution. In 2002-2003, the implementation of SAP was completed. It accomplished its primary objectives, to replace aging financial, personnel and payroll systems and to implement new functionality such as project management, work order, and service order systems. This project laid the foundation for the City’s enterprise-wide application systems. The upgrade of the existing SAP system will take advantage of that foundation of hardware, software, and knowledge as well as provide integration across what are now multiple disparate systems. This upgrade wilt also include enhancements such as the implementation of Employee Self Service (ESS). ESS allows staff to update personal information such as home address and dependant information, thus eliminating the need for paper forms and HR data entry. An on-going goal for the City has been the reduction of operating costs and increased efficiencies. One way to accomplish this goal is to standardize operations especially in regards to tectmotogy. Therefore, in accordance with the Municipal Code, Section 2.30.900, Part 10 (Standardization), staff has standardized on the SAP platform due to the substantial benefits such as the reduction of maintenance costs, reduction of costs due to lack of infrastructure to support a legacy system, reduction in staff training costs due to standardization of multi-departmental platforms, reduction of IT support costs, and establishing the framework for e-Govenmaent, customer Web portal and other functionality such as data warehousing and document management. Many public and private organizations such as the City of Dallas, Marin Municipal Water District, Sacramento Municipal Utility District, PG&E, City of Tacoma, Sacramento County, Suffolk County Water, and Waste Management have also standardized on SAP as an integrated system. The upgrade of the SAP system will also include the implementation of SAP’s Industry Specific Solution for Utilities (IS-U). The existing Customer Information System (CIS) used by the Utilities Department, was selected in 1997. Acquisition and implementation costs totaled $1.2 million dollars and the ongoing annual maintenance for CIS is $160,000. The last CIS upgrade occurred in 2001 for $557,620 (CMR 316:01). The existing CIS is a rapidly deteriorating legacy system with costly on-going maintenance and support and limited functionality. These on-going costs will be reallocated for the implementation of IS-U. CMR:313:07 Page 2 of 4 The implementation of IS-U will be fully integrated with the SAP system with a single database platform and tools and will build on financial integration and reporting. IS-U will consolidate data into one system and convert this data to useful information that will benefit not only the City, but also improve service to residents and businesses of Palo Alto. This improved service will be achieved with functionality such as accessing one’s utility account through secured, on- line access with functions such as on-line bill payments and usage history. In addition, this will allow for bill consolidation, real-time recalculations, and regeneration of Utility bills. Prior to upgrading the existing SAP system and implementation of IS-U, it is necessary to put into place all recommendations in this CMR (software licensing, maintenance, and training). Once these items are in place, a professional services vendor will be selected for the upgrade of the existing SAP system and implementation of IS-U. Staff is currently conducting vendor interviews and will ask for Council approval at a later date, for the execution of the professional services agreement. RESOURCE IMPACT As a result of the on-going Information Technology funding structure, funds for this project have been included in the Technology 2007-2009 and Capital Funds budgets. POLICY IMPLICATIONS Approval of these contracts is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project for the purposes under California Envirolmlental Quality Act. PREPARED BY: LISA MAINARI( Manager, Information Tectmology DEPARTMENT HEAD: CARL .’, Administrative Services CITY MANAGER APPROVAL: ~ON Assistant City Manager ATTACHMENTS Attachinent A:Appendix 7 Attacln’nent B:Amendment 1 Attachment C:Amendment 2 Attachment D:Maintenance Schedule Addendum for Extended Maintenance Service CMR:313:07 Page 3 of 4 Attachment E: Attachment F: Attachment G: Attaclzrnent H: Appendix 8 Appendix 9 -RWD Technologies, Inc. (RWD) Software Statement of Work - SAP Productivity Pak Appendix 6A CMR:313:07 Page 4 of 4 Attachment C ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2007-08 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $4,000,000 TO CAPITAL IMPROVEMENT PROGRAM (CIP) TE-07006, SAP CONTINUOUS IMPROVEMENT PROJECT The Council of the City of Palo Alto does ordain as follows: SECTION i. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June ii, 2007 did adopt a budget for fiscal year 2007-08; and B. In fiscal year 2007-08, the Council did adopt a budget for CIP Project TE-07006, SAP Continuous Improvement Project (Project), with an initial appropriation of $3,000,000 for the Project; and C. Prior to upgrading the existing SAP system and implementation of SAP’s Industry Specific Solution for Utilities (IS-U), it is necessary to put into place all software licensing, maintenance and training. On July 23, 2007, the Council approved contract changes with SAP including licensing, maintenance and training for an estimated costs of $636,352; and D. With the preparations in place, the City is now ready to proceed with the upgrade of the existing SAP database software system. Some of the upgrades in the system will include enhancement to the budgeting process, implementation of Employee Self Service (ESS) and Manager Self Service (MSS) Modules, and implementation of the Utilities Module. The upgrade also lays the foundation for future portal development and constituent outreach giving the ability for community members to submit one-line work orders for items such as tree trimming and pot holes; and E. A Request for Proposal (RFP) was mailed to prospective consultants and after a selection process Axon Solutions, Inc. (Axon) was the selected vendor. Axon will perform the upgrade and IS-U implementation within sixteen months for a total estimated cost of $7,000,000; and F. The existing appropriation balance of the Project is not sufficient to cover for the costs of the upgrade; and G. The total additional appropriation of $4,000,000 for this project will be funded by a transfer of appropriation from a number of CIP Technology projects and from the Techno!ogy Fund Reserve. The details of the funding sources are summarized in the following table; and Funding Source Amount TE-02014(eGov-Web $788,960 Infrastructure) TE-05001 (SAP Continuous $149,127 Improvement) Technology Fund Reserve $3,061,913 Total $4,000,000 H. City Council authorization is needed to amend the 2007-08 budget to make available the funds required for the upgrade for CIP Project TE-07006, SAP Continuous Improvement Project. SECTION 2. The Technology Fund Reserve is hereby decreased by Three Million Sixty One Thousand Nine Hundred Thirteen Dollars ($3,061,913) with a remaining balance of One Million Two Hundred Seventy Four Thousand Forty Nine Dollars ($1,274,049). SECTION 3. Transfer of budget into CIP Project TE-07006, SAP Continuous Improvement Project from CIP Project TE-02014, eGov-Web Infrastructure in the amount of Seven Hundred Eighty Eight Thousand Nine Hundred Sixty Dollars ($788,960) reducing the appropriation in CIP Project TE-02015 by $788,960. SECTION 4. Transfer of budget into CIP Project TE-07006, SAP Continuous Improvement Project from CIP Project TE-05001, SAP Continuous Improvement in the amount of One Hundred Forty Nine Thousand One Hundred Twenty Seven Dollars ($149,127) reducing the appropriation in CIP Project TE-05001 by $149,127. SECTION 5. The sum of Four Million Five Dollars ($4,000,000) is hereby appropriated to CIP Project TE-07006, SAP Continuous Improvement Project. SECTION 6. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 7. As provided in Section 2.04.330 of the Pa!o Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 8. The Council of the City of Palo Alto hereby finds that this is not a project under the provisions of the California Environmental Quality Act, and therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Director of Administrative Services ATTACHMENT D IP Description: This project includes the upgrade of the existing SAP environment to ERP 2005 and implementation of SAP’s Industry Specific Solution for Utilities Industry called SAP IS-U. In addition, new modules such as Employee Self Service will be leveraged with this upgrade. Justification: In 2002-2003, the enterprise resource planning (ERP) project was completed and accomplished its primary objectives, to replace our aging financial and personnel and payroll systems and to implement new functionality such as project management, work order, and service order systems. The ERP project laid the foundation for the City’s enterprise-wide, application systems. (See Supplemental Information for continuation). Supplemental Information: The Upgrade project will take advantage of that foundation of hardware, software, and knowledge as well as provide integration across what is now multiple disparate systems. The existing system used by the Utilities Department, Customer Information System (CIS) is a legacy system with costly ongoing maintenance and support and limited functionality. ClP FACTS: ¯ New ¯ Project Status: Other ¯ Timeline: FY 2007-2010 ¯ Percent Spent: 0.00% ¯ Managing Department: Administrative Ser- vices ¯ Comprehensive Plan: Program T-10 ° Board/Commission Review: PTC IMPACT ANALYSIS: ¯ Environmental: This is not a project under CEQA. ¯ Operating: $250,000 estimated annual mainte- nance cost. Pre-Design Costs Design Costs Construction Costs Other Total Budget Request $7,000,000 $7 000~000 , $7,000,000 $7,000,000 Revenues:$3,752,465 Technology Fund with the following reimbursements: Electric Fund(S1,783,334); Gas Source of Funds:Fund(S648,628); Refuse Fund(S481,667); Storm Drainage Fund(S51,448); Wastewater Col- lection Fund(S192,811); Wastewater Treatment Fund(S290,771); Water Fund(S303,806) 2007-09 Budget Cin, qf’Palo Alto 293