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<br />URBAN FORESTRY SERVICES AGREEMENT 1 <br />CITY OF MOUNDS VIEW <br />INDEPENDENT CONTRACTOR AGREEMENT <br />THIS AGREEMENT is made on the 24th day of May, 2010, between the CITY OF MOUNDS VIEW <br />(“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, <br />MN 55112, and RICK WRISKEY (“Contractor”) whose address is 6218 Glen Circle, Lino Lakes, MN <br />55014. <br />THE CITY AND CONTRACTOR AGREE AS FOLLOWS: <br />1. Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the <br />terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not <br />an employee of the City. The Contractor is free to contract with other entities as provided herein. The <br />Contractor shall be responsible for selecting the means and methods of performing the work. The City <br />will furnish any and all vehicles, supplies, tools, equipment, materials, and incidentals necessary for the <br />Contractor’s performance under this Agreement. The Contractor shall be exclusively responsible under <br />this Agreement for the Contractor’s own FICA payments, workers’ compensation insurance, <br />unemployment 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 />2. Contractor’s Services. The Contractor agrees to provide Urban Forestry Services for the City as <br />described on the attached Exhibit A. The Contractor shall, in the execution of the services, conform to <br />all applicable federal, state, and local laws, codes, ordinances, and regulations. <br />3. Compensation for Services. The City agrees to pay the Contractor for the services for $45 per hour. <br />The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed <br />under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the <br />City. <br />4. Termination. Either party, without cause, may terminate this Agreement by seven days’ written notice <br />delivered to the other party at the address written above. After termination, the City shall have no <br />further obligation to the Contractor except to compensate the Contractor for services performed prior to <br />the date of the notice of termination. <br />5. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this <br />Agreement without the express written consent of the City. <br />6. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the <br />written consent of the other party. <br />7. Indemnification. The City agrees to defend, indemnify and hold the Contractor harmless from any <br />liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting <br />directly or indirectly from an act or omission (including without limitation professional errors or <br />omissions) of the Contractor in the performance of the services provided by this Agreement. <br />8. Workers’ Compensation Insurance. The Contractor shall have workers’ compensation insurance <br />coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached <br />hereto prior to commencing work under this Agreement. <br />9. Records Access. The Contractor shall provide the City access to any books, documents, papers, and <br />records which are directly pertinent to the Agreement, for the purpose of making audit, examination, <br />excerpts, and transcriptions, for three years after final payments and all other pending matters related to <br />this Agreement are closed.