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ARTICLE 6 — INSURANCE AND INDEMNIFICATION <br />6.1 The following insurance coverage required by this Agreement shall be maintained by <br />Contractor for the duration of its performance of the Services. Contractor shall not perform <br />any Services unless and until the required insurance listed below is obtained by <br />Contractor. Contractor shall provide City with certificates of insurance and endorsements <br />evidencing such insurance prior to commencement of the Services. Insurance policies <br />shall include a provision prohibiting cancellation or modification of the policy except <br />upon thirty (30) days prior written notice to City. <br />A. Workers' Compensation and Employer's Liability insurance in the amount that meets <br />statutory requirements with an insurance carrier acceptable to City, or certification to <br />City that Contractor is self -insured or exempt from the workers' compensation laws <br />of the State of California. Contractor shall execute and provide City with Exhibit "D," <br />titled "Workers' Compensation Insurance Certification," which is attached hereto and <br />incorporated herein by this reference, prior to performance of the Services. <br />B. Comprehensive General Liability insurance with carriers acceptable to City in the <br />minimum amount of One Million Dollars ($1,000,000) per occurrence and Two <br />Million Dollars ($2,000,000) aggregate, for public liability, property damage and <br />personal injury is required. City shall be named as an additional insured and such <br />insurance shall be primary and non-contributing to any insurance or self-insurance <br />maintained by City. <br />C. Business Auto Liability coverage, with minimum limits of One Million Dollars <br />($1,000,000) per occurrence, combined single limit bodily injury liability and property <br />damage liability. This coverage shall include all Contractor owned vehicles used in <br />connection with Contractor's provision of the Services, hired and non -owned vehicles, <br />and employee non -ownership vehicles. City shall be named as an additional insured <br />and such insurance shall be primary and non-contributing to any insurance or self- <br />insurance maintained by City. <br />6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed <br />officials, employees, and agents from and against any and all claims, losses and liability, <br />including attorneys' fees, arising from injury or death to persons or damage to property <br />occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, <br />or its officers, employees and agents in performing the Services. <br />ARTICLE 7 — CONFLICTS OF INTEREST <br />7.1 Contractor covenants and represents that it does not have any investment or interest in any <br />real property that may be the subject of this Agreement or any other source of income, <br />interest in real property or investment that would be affected in any manner or degree by <br />the performance of Contractor's Services. Contractor further covenants and represents that <br />in the performance of its duties hereunder, no person having any such interest shall <br />perform any Services under this Agreement. <br />4 <br />I:\cmo\Agreements\West Coast Arborists, Inc. Agreement for Improvement to Public Grounds (Tree Maintenance) FY23-0026.docx-ms <br />