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INDEPENDENT CONTRACTOR AGREEMENT FOR 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS THIS AGREEMENT is made on the 28th day of June 2010, between the CITY OF MOUNDS VIEW ("City"), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and UPPER CUT TREE SERVICES ("Contractor"), whose business address is 8841 167thLane, Forest Lake, MN 55025. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Indenendent Contractor. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not an employee of the City. The Contractor is free to contract with other entities as provided herein. The Contractor shall be responsible for selecting the means and methods of perfornung the work. The Contractor shall furnish any and all supplies, tools, equipment, materials and incidentals necessary for the Contractor's performance under this Agreement at his/her/its own expense. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor's agents or employees are in any manner agents or employees of the City. The Contractor shall be exclusively responsible under this Agreement for the Contractor's own FTCA payments, workers' compensation insurance, unemployment compensation insurance, withholding amounts, or self-employment taxes if any such payments, amounts, or ta7ces are required to be paid by law or regulation. 2. Contractor's Services. The Contractor agrees to provide services for tree removals in public and private property locations without good vehicular access to trees (backyards, etc.) on behalf of the City. The Contractor shall perform the work in accordance with the specifications set forth in Exhibit A of this Agreement. The Contractor has become familiar with and is satisfied as to the general nature of the work and typical site conditions that may affect cost, progress, and performance of the work. The Contractor shall, in the execution of the services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Comuensation for Services. The City agrees to pay the Contractor for the tree removal services on a per tree basis with unit prices based upon tree diameter measured at 4.5 feet above existing ground level as follows: Tree Dia. (in.) Unit Price 0 up to 28.5 in. $23/dia.-in. 28.5 to 40 in. $33.50/dia.-in. Over 40 in. Negotiable The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed under this Agreement. Bills submitted sha11 be paid in the same manner as other claims made to the City. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS