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HomeMy WebLinkAbout130079 ACCELA INC & 443506 TRUE POINT SOLUTIONS - CONTRACT - RFP - 8086 ACCELA SOFTWARE CONSULTING (2)Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT WORK ORDER THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ACCELA, INC., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for 8086 Accela Application Consulting issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $100,000. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. City acknowledges that the professional services described in this Agreement are cooperative in nature and Professional shall be solely responsible for performance of its duties described hereunder. The scope of services shall be mutually defined by the parties and is attached hereto as Exhibit “B”, consisting of two (2) pages and is incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order and the Scope of Work. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. City acknowledges that it must complete its designated tasks, if any, in a timely manner in order for Professional to proceed with and complete the scope of services. City delays may have adverse collateral effects on Professional’s overall work schedule. Although Professional will use its best efforts to immediately resume work following such a delay, City acknowledges that schedules for the services may be delayed. 4. Contract Period. This Agreement shall commence September 28, 2015, and shall continue in full force and effect until September 27, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City. Notwithstanding the time periods contained herein, the City DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 2 of 12 may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Accela, Inc. Attn: Contract Administrator 2633 Camino Ramon, Suite 500 San Ramon, CA 94583 City of Fort Collins Attn: Brad Morgan PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all services provided or performed by Professional, as more fully described in the Statement of Work. These services may include analysis, documentation, report development, configuration, and scripting citizen access configuration to enable City to, including but not limited to, Professional document services, reports, modules, workflow processes, citizen access configuration and deployment, permits, scripting, and testing. Professional shall endeavor to promptly remedy and correct any errors, omissions, or other deficiencies not performed in accordance with the Statement of Work. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional in accordance with Exhibit “B”, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 3 of 12 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Monthly Report. If required in the scope of services for each work order, commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Notwithstanding, a change of control by Professional or a transfer by Professional for purposes of financing shall not constitute an assignment hereunder. 12. Acceptance Not Waiver. The City's approval work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of twenty (20) days, or such other time as may be mutually agreed upon by the parties, within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 4 of 12 fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 5 of 12 the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “E“ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. 20. Warranty and Limit of Liability. Professional warrants that the services provided shall materially conform to all requirements of this Agreement and the Statement of Work and that it shall perform its services in a competent and professional manner. This warranty shall continue for six (6) months following final acceptance. Professional provides no warranty whatsoever for any third-party hardware or software products not provided by Professional. Third-party applications which utilize or rely upon the services may be adversely affected by remedial or other actions performed pursuant to this Agreement; Professional bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Professional provides all services “as is” without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Professional’s cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by City or any other person or entity exceed the fees paid to DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 6 of 12 Professional by City during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if Professional or its agents have been advised of the possibility of such damage. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney ACCELA, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Assistant Corporate Secretary Colin Samuels 9/25/2015 10/13/2015 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 7 of 12 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 8 of 12 EXHIBIT B SCOPE OF WORK A. SCOPE OF WORK The City prefers to have one point of contact for the Consultant for developing the Scope of Work for each Work Order. After a Work Order is created and approved, the City Project Manager may work directly with the approved personnel. Two scope of works resulted from this RFP. 1. Professional Services Consulting Assistance The scope of services that may be requested during the length of the contract include enhancements and improvements to existing configuration as well as implementation of features and functionality currently available through Accela add-on products. The requests may include business process review, configuration of new record types in existing modules, scripting, configuration of add-on products, end-user training and report revisions and design. There could be other, unidentified Accela Civic Platform support and configuration services required. As may be requested from time-to-time by the City of Fort Collins, Consultant will work with the City of Fort Collins and provide consulting and solution assistance in a number of areas that may include, but is not limited to:  Implementation of Accela Document Services  Migration of current ARW reports to Crystal  Planning and assistance with Accela Citizen Access configuration and deployment for online application submittal and contractor licensing  Continued support for the new ACA permit portal after deployment  Migration to Scripting 3.0 and other event/batch scripting assistance  Rollout of EDR to additional departments  Analysis, configuration and implementation of new record types for existing modules  Analysis and possible reconfiguration of workflow processes in Building and Planning modules  Conversion to XAPO  Creation of new reports in Ad-Hoc Reports or Crystal Reports  Support on day-to-day requests and enhancement opportunities  Internal training and 1-on-1 assistance on all aspects of Accela utilization 2. On Call Assistance Additional services to provide on call support and maintenance above and beyond what is provided by Accela Customer Support. Prior to performing any such services or incurring expenses, Consultant shall provide City with a time-and-material estimate. Professional & City will work together to outline a list of detailed requirements for such support which will allow Professional to properly staff based on the technical specifications. DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 9 of 12 B. WORK ORDER PROCEDURES Work performed pursuant to this Request for Proposals will be authorized by Work Order, issued by the appropriate department. The Consultant shall provide all personnel, equipment and supplies necessary to complete the professional services set forth in the Scope of Work. As work arises, the City will contact Consultant and the Parties shall mutually draft a Scope of Work describing the services to be performed by Consultant, ensuring that Consultants team is a good fit for the work and the Consultant has the time available for the project. Professional and Agency will need to mutually agree on the response time to provide an estimate based on the provided detailed requirements. Total project time/schedule, project cost, work details, travel expenses, fees, hours and personnel will be determined as part of the project Work Order for each individual project and the Scope of Work shall be attached to the Work Order. Fees will be based on those submitted in the RFP response. DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 10 of 12 EXHIBIT C COMPENSATION Accela Proposed Fees Implementation services $185/hour Executive Oversight $210/hour DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 11 of 12 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “In the event of cancellation or material change that reduces or restricts the insurance afford by this Coverage, we agree to mail prior written notice of cancellation or material change to City of Fort Collins 30 days in advance, 10 days for non-payment of premium.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General Liability. The Professional shall maintain during the life of this Agreement such commercial general liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 New insurance Professional Services Agreement – Work Order Type 8086 Accela Software Consulting - Accela Page 12 of 12 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Each Party to this Agreement may furnish the other Party with confidential information. Such information shall be clearly marked “Confidential Information”. Parties agree that each will hold in a fiduciary capacity for the benefit of the other Party and shall not directly or indirectly use, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose or cause to be disclosed, or otherwise transfer and confidential information of the other Party to any third party, or utilize such information for any purpose, except as expressly contemplated by the Contract or authorized in writing by the other Party, or as required pursuant to the Colorado Open Records Act, (CORA) C.R.S. § 24-72-201 to 206. DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. D 1,000,000 09/01/2016 4034953606 Daniel Yim X SEA-002979638-02 1,000,000 10,000,000 6013898997 X 20494 10,000,000 SIR of Marsh Risk & Insurance Services Attn: 408-467-5600, F 408-467-5699, CA Lic 0437153 N X 2,000,000 09/01/2015 National Union Fire Insurance Co. Of Pittsburgh, PA 5 09/01/2016 09/01/2015 20443 09/01/2016 6013899017 Errors & Omissions C 2,000,000 1,000,000 X 35289 Transportation Insurance Co 1,000,000 X E X 08/21/2015 75,000 09/01/2015 5,000,000 EVIDENCE OF INSURANCE. X 09/01/2015 SAN RAMON, CA 94583 ACCELA, INC. Continental Casualty Company A Continental Insurance Co 102298337-STND-GAWUE-15-16 Limits 5,000 09/01/2016 1,000,000 4034954156 C 20478 1,000,000 1,000,000 09/01/2016 6013899003 1732 North First Street, Suite 400 Marsh Risk & Insurance Services X San Jose, CA 95112 2633 Camino Ramon, Suite 120 Accela, Inc. San Ramon, CA 94583 X 01-637-25-35 09/01/2015 2633 CAMINO RAMON, SUITE 120 09/01/2015 B 09/01/2016 19445 National Fire Insurance of Hartford DocuSign Envelope ID: 6DC487F1-DDEA-4ACE-834C-8134954EFBA6