2025-26 Trees Atlanta Smyrna Front Yard Program Agreement- Updated
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8 July 24, 2025 hold harmless the Indemnified Persons as set forth hereinabove shall be limited by the policy terms, including coverage amounts and limitations, of any insurance obtained by Trees Atlanta , provided that such terms and coverage limitations are consistent with the terms set forth in Section 4.3 of this Agreement. Exclusions from Indemnity: Trees Atlanta’s aforesaid indemnity and hold harmless agreement (and the indemnity that Trees Atlanta is obligated by Section 4.2.2 to obtain from its contractors and subcontractors) shall not apply a nd shall not be enforceable with respect to: (i) any Claims suffered or incurred by any Indemnified Person that is caused, in whole or in part, by such Indemnified Person’s gross negligence; or (ii) any Claim resulting from the act or omission of any person who, at the time of such act or omission, was not an officer, authorized agent, or employee of Trees Atlanta unless such person is acting directly under the supervision, oversight, and control of Trees Atlanta in connection with its provision of services under this Agreement, subject in all events to the provisions in Section 4.2.1 with respect to the Contractor/Subcontractor Exclusion. 4.2.2 Indemnification by Trees Atlanta’s Contractors/Subcontractors Trees Atlanta shall require each of its contractors and subcontractors performing any work pursuant to or otherwise related to this Agreement to execute an agreement with Trees Atlanta (or directly with the County) that includes an indemnification provision in form and scope substantially as set forth above and in favor of the Indemnified Persons, with the exception that the name of the applicable contractor or subcontractor shall replace “Trees Atlanta” as the party providing the indemnity in favor of the Indemnified Persons; and any agreement b etween Trees Atlanta and any such contractor or subcontractor shall make clear that each Indemnified Person is a third -party beneficiary of such indemnification and hold harmless agreement. Trees Atlanta does not anticipate using subcontractors for its work on the City of Smyrna Front Yard Program. 4.3 Insurance Requirements. Prior to beginning any work on the Program and at all times that this Agreement is in force, Trees Atlanta shall obtain , maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City covering: 4.3.1 Workers’ Compensation & Employer’s Liability Insurance. Workers’ Compensation Insurance in compliance with the appl icable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer’s Liability Insurance, with limits of liability of not less than $ 500,000 per accident for bodily injury or disease. 4.3.2 Commercial General Liability Insurance, including contractual liability insurance, product and completed operations, personal and advertising injury, and any other type of liability for which this Agreement applies with limits of liability of not less