EBIX Insurance No. S2000003637
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WILSON, IHRIG & ASSOCIATES
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, a California corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control. ·
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 1, 2021 and terminate on December 31, 2022.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONSUL TANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is ten thousand dollars ($10,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONSUL TANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent Consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents ( collectively, "lndemnitees") from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Consultant 's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Consultant pursuant to this Agreement as
mutually agreed to or awarded by a court or arbitrator.
Without affecting the rights of lndernnitees under any provision of this Agreement, Consultant shall not be required to protect, defend, indemnify and hold harmless Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
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lndernnitees for liability attributable to the active negligence or willful misconduct of lndemnitees, provided such active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where lndernnitees are shown to have been actively negligent or are shown to have committed willful misconduct, and where lndernnitees' active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence or willful misconduct of lndernnitees. Consultant agrees to pay all attorney and court costs in determining said active negligence or willful misconduct of lndemnitees. The determination of any claim by Consultant that lndernnitees committed active negligence shall be deferred until after all third party claims have been adjudicated by a final judgment that is no longer subject to appeal, unless the City, in its sole discretion, shall consent to an earlier determination.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sentto City addressed as follows:
City of Santa Clara
Attention: Planning Division
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Wilson, Ihrig & Associates
6001 Shellmound St, Ste. 400
Emeryville, CA 94608
and by e-mail at [email protected]
Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards
(http:/ /sa ntaclaraca .gov/home/showdocu ment?id=58299 ).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
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23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: . L\; \ U) ) U)L\
Alexander ~~g~:i~:igned by Alexander
=-m\~~~ ~l-· Abbe for ?a~1.~,0~021.04_1s 1J,2s,s2
(})~E ANN~NA BRIAN DOYLE
City Attorney
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WILSON, IHRIG & ASSOCIATES
a California corporation
Dated: 1~1
By (Signature) : ~-~
Name: Pabl aroux
Title: Principal/ Senior VP
Principal Place of 6001 Shellmound Street, Suite 400
Business Address: Emeryville, CA 94608
Email Address: pdaroux@wilsonihrig .com
Telephone: (51 0} 658-6719
Fax: (51 0} 652-4441
"CONSULTANT'
Agreement with Wilson, Ihrig & Associates - Noise Monitoring near Vantage/Owens Rev. 07-01-18
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EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.
Summary
Consultant is to provide ongoing noise monitoring systems and services to the City of Santa Clara to help document noise levels in the neighborhoods near Vantage CA2 Data Center and Owens Corning Facility.
Background
Residents are regularly complaining about a low frequency "hum" that is commonly occurring in the evening hours and disturbing sleep. The complaints vary from those who claim that the "hum" is constant and those that claim it is intermittent. These complaints have previously been addressed with measurements done by others with cooperation of the Vantage CA2 data center, one of the potential sources of the "hum" noise. However, these measurements appear to have been made at a time when the "hum" was not present. In light of this, Consultant will conduct long-term unattended monitoring in the neighborhoods which have submitted complaints regarding this unwanted noise and potentially near the facilities that are believed to be the sources of the noise.
Base Services
Consultant shall:
1. Review the Santa Clara Noise Ordinance and previously made noise measurements done by others to determine noise limits for mechanical equipment at neighboring properties to the project.
2. Review documented noise complaints that have been submitted to the City. a. Consultant will export the audio files from videos that were recorded of the hum and analyze it to determine the spectral content of the noise in question. City understands that Consultant will not be able to determine accurate noise levels using this as the camera's built-in microphone is not calibrated and does not meet acoustic measurement testing standards; however Consultant may be able to identify characteristics of the sound that could help to identify it in later measurements we make using properly calibrated and standardized equipment.
b. Consultant will also review these complaints to determine the best installation locations for long-term noise monitors.
3. Install up to 5 long-term unattended noise monitors including up to 2 near the suspected sources of noise and up to 3 near the residences that have issued complaints of the noise for up to 2 weeks. These monitors will provide 1 /3 Octave Band Data at 1 second intervals and record audio files for noise source identification. These units will be battery powered and manually downloaded.
Agreement with Wilson, Ihrig & Associates/Exhibit A-Scope of Services Rev. 07-01-18
Data will not be accessible until after the units are downloaded during a site visit or after retrieval of the units.
a. This scope includes 2 weeks of unattended noise monitoring and three roundtrips to the site to install the monitors, download and battery change after one week, and retrieve the units after the 2nd week. b. If the noise monitors installed near the suspected sources of noise are to be installed on the property of the Vantage CA2 data center or the Owens Corning facility, the City of Santa Clara will coordinate access to these areas for Wilson Ihrig personnel.
4. Analyze data and correlate noise levels to available noise complaints during the monitoring period, if applicable.
5. Produce a report summary of findings.
6. If the source of the noise complaints is not present during the two weeks of unattended noise monitoring, Consultant will confer with the City of Santa Clara regarding potential additional monitoring.
7. If Consultant is able to capture the source of the complaints and it exceeds the local noise ordinance limits in the residential areas, Consultant will provide an additional proposal at that time, if desired, to attempt to determine the noise complaint source and/or provide additional monitoring services.
Optional Additional Services
This proposal does not cover the following tasks. Should these services become necessary, City and Consultant shall agree in writing to implement any or all of these additional tasks at a mutually agreed upon cost.
• All access to proposed monitoring sites and any required notification to residences to be coordinated and implemented by the City of Santa Clara. • Unattended noise monitoring longer than 2 weeks in duration. • Any attended noise monitoring.
• Additional trips outside of deployment, one intermittent download trip, and retrieval to the monitoring sites for relocation of equipment at the request of homeowners or City.
• Noise monitoring or measurements inside residences.
• Any major investigation into the source(s) of the noise complaints beyond the measurement data that will be taken near the source of the complaints and near the suspected sources of the noise complaints.
• All monitors used in this proposal will not possess cellular communication capabilities. Thus, the data can only be analyzed after the meters are physically serviced in the field or brought back to our office.
• Recommendations to reduce the noise complaints.
• Attendance of community meetings.
• Any attended noise monitoring.
• Additional trips outside of deployment, one intermittent download trip, and retrieval to the monitoring sites for relocation of equipment at the request of homeowners or City.
Agreement with Wilson, Ihrig & Associates/Exhibit A-Scope of Services Rev. 07-01-18
• Noise monitoring or measurements inside residences.
• Any major investigation into the source(s) of the noise complaints beyond the measurement data that will be taken near the source of the complaints and near the suspected sources of the noise complaints.
• All monitors used in this proposal will not possess cellular communication capabilities. Thus, the data can only be analyzed after the meters are physically serviced in the field or brought back to our office.
• Recommendations to reduce the noise complaints.
• Attendance of community meetings.
Agreement with Wilson, Ihrig & Associates/Exhibit A-Scope of Services Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
Consultant will bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.
This work would be billed on a time and materials basis at the following rates:
Senior Principal
Principal
Associate Principal
Senior Consultant
Associate Consultant
Assistant Consultant
Lab Technician
Project Assistant
$315/hour
$265/hour
$220/hour
$185/hour
$160/hour
$130/hour
$100/hour
$75/hour
The maximum amount of compensation to be paid to Consultant for base services shall not exceed six thousand dollars ($6,000).
The maximum amount of compensation to be paid to Consultant for additional services requires written approval from City and shall not exceed four thousand dollars ($4,000).
The maximum amount of compensation to be paid to Consultant for any and all services under this agreement shall not exceed ten thousand dollars ($10,000).
Agreement with Wilson, Ihrig & Associates/Exhibit B-Schedule of Fees Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 each occurrence
$1,000,000 general aggregate
$1,000,000 products/completed operations aggregate
$1,000,000 personal injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01, with minimum policy limits of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Wilson, Ihrig & Associates/Exhibit C-lnsurance Requirements Rev. 07-01-18
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with the following limits: at least one million dollars ($1,000,000) policy limit Illness/Injury by disease, and one million dollars ($1,000,000) for each Accident/Bodily Injury.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Consultant or any subconsultant under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
Agreement with Wilson, Ihrig & Associates/Exhibit C-lnsurance Requirements Rev. 07-01-18
4. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements s,et forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, Agreement with Wilson, Ihrig & Associates/Exhibit C-lnsurance Requirements Rev. 07-01-18
satisfactory to City and as described in this Agreement. Consultant shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Planning Division
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Wilson, Ihrig & Associates/Exhibit C-lnsurance Requirements Rev. 07-01-18
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