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1 <br />LA515\1\1077755.v2 <br />AGREEMENT FOR LAWN MOWING SERVICES <br />PERFORMED BY INDEPENDENT CONTRACTOR <br /> <br /> THIS AGREEMENT is made on the 30th day of March, 2026, between the City of Lake <br />Elmo (“City”), a Minnesota municipal corporation, whose business address is 3880 Laverne Avenue <br />North Suite 100, Lake Elmo, MN 55042, and Pioneer Landscaping LLC, a LLC whose business <br />address is 6303 Osgood Ave N. STE103 #2, Stillwater MN, 55082(“Contractor”). <br /> <br />THE CITY AND CONTRACTOR AGREE AS FOLLOWS: <br /> <br />1. Independent Contractor. The City hereby retains the Contractor as an independent <br />contractor upon the terms and conditions set forth in this Agreement. The Contractor is an <br />independent contractor and not an employee of the City. The Contractor shall be responsible <br />for selecting the means and methods of performing the work. The Contractor shall furnish <br />any and all supplies, tools, equipment, materials and incidentals necessary for the Contractor’s <br />performance under this Agreement at his/her/its own expense. The City and the Contractor <br />agree that the Contractor shall not at any time or in any manner represent that the Contractor <br />or any of the Contractor’s agents or employees are in any manner agents or employees of the <br />City. The Contractor shall be exclusively responsible under this Agreement for the <br />Contractor’s own FICA payments, workers’ compensation insurance, unemployment <br />compensation insurance, withholding amounts, or self-employment taxes if any such <br />payments, amounts, or taxes are required to be paid by law or regulation. <br /> <br />2. Contractor’s Services. The Contractor agrees to provide lawn mowing services for the City <br />as described in the proposal/bid/scope of services which is attached to and made a part of this <br />Agreement as Exhibit A. Due to weather conditions and the rate of grass growth, the City <br />reserves the right to adjust the amount of frequency that the Contractor will be asked to mow <br />certain properties within the City. In the event that the City requests that a property not be <br />mowed by the Contractor, the City will not be obligated to pay the Contractor if the property <br />is not mowed. The Contractor may be requested by the City to mow additional <br />properties/areas of properties during midseason at the rates set forth in Exhibit A. <br /> <br />3. Compensation for Services. The City agrees to pay the Contractor for the services <br />performed in accordance with the pricing contained in Exhibit A. The Contractor shall submit <br />to the City, on a monthly basis, itemized bills for the services performed under this <br />Agreement. The Contractor will be paid by the City only for actual mowing services <br />performed. Bills submitted shall be paid in the same manner as other claims made to the City. <br /> <br />4. Term. Unless otherwise extended or terminated in accordance with this Agreement, the term <br />of this Agreement shall be for the 2026, 2027, and 2028 growing seasons, which shall be <br />determined by and in the sole discretion of the City’s Public Works Director or Assistant <br />Director, commencing on the date first written above. The parties may agree to extend the <br />term of this Agreement. Said extension shall be in writing. Either party may, without <br />cause, terminate this Agreement by thirty days’ written notice delivered to the other party at <br />the address written above. The City may also immediately terminate this Agreement upon <br />written notice to the Contractor if the City, in its sole discretion, determines that the Contractor