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• <br /> AGREEMENT FOR FUEL MODIFICATION SERVICES BY GRAZING <br /> This Agreement("Agreement")is made and entered this 1$ day of q'ut ,2010,by and <br /> between the City of Rancho Palos Verdes(hereinafter referred to as the"City,")and Fire Grazers,Inc. <br /> (hereinafter referred to as"Contractor"). <br /> WHEREAS,City desires to clear brush at various locations throughout the City by grazing of goats;and <br /> WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such <br /> responsibility. <br /> NOW,THEREFORE.the parties hereto do agree as follows: <br /> 1. Scope of Services. Contractor shall perform the work and provide the services and materials for <br /> the project identified as Fuel Modification Services by Grazing(the"Project")as described in <br /> these Plans and Specifications,attached hereto as Exhibit"A"and incorporated herein by this <br /> reference,including miscellaneous appurtenant work. Contractor shall perform the work and <br /> provide the services and materials for the Project only between April 15th and November 14th of <br /> each year that the Agreement is in effect.In the event of any conflict between the terms of this <br /> Agreement and any attached exhibit,the terms of this Agreement shall be controlling. <br /> 2. Term. This Agreement shall commence on July 1,2010 and shall terminate on June 30,2013 (the <br /> "Initial Term"),unless sooner terminated pursuant to Section 7 of this Agreement. After the <br /> Initial Term,the Agreement may be renewed for three(3)one-year periods by mutual written <br /> agreement. <br /> 3. Compensation. In consideration of the services rendered hereunder,City shall pay Contractor <br /> according to the Prices in Contractor's Proposal,attached hereto and incorporated herein as <br /> Exhibit"B,"and in a manner as described in Exhibit"A." <br /> 4. Time. Upon receipt of written Notice to Proceed from the City,Contractor shall perform with <br /> due diligence the services requested by the City and agreed on by Contractor,Time is of the <br /> essence in this Agreement. <br /> 5. Use. The City grants access to Contractor to the premises as stated in each Notice to Proceed for <br /> the sole purpose of grazing goats. The premises shall be used for no other purpose by the <br /> Contractor without the prior written consent of the City. <br /> 6. Independent Contractor. Contractor is and shall at all times remain,as to the City,a wholly <br /> independent contractor. Neither the City nor any of its agents shall have control over the conduct <br /> of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is <br /> free to dispose of all portions of its time and activities which it is not obligated to devote to the <br /> City in such a manner and to such persons,f ins,or corporations at the Contractor wishes except <br /> as expressly provided in this Agreement. Contractor shall take no power to incur any debt, <br /> obligation,or liability on behalf of the City or otherwise act on behalf of the City as an agent. <br /> Contractor shall not,at any time or in any manner,represent that it or any of its agents,servants <br /> or employees are in any manner agents,servants or employees of City. Contractor agrees to pay <br /> all required taxes on amounts paid to Contractor under this Agreement,and to indemnify and hold <br /> the City harmless from any and all taxes,assessments,penalties,and interest asserted against the <br /> City by reason of the independent contractor relationship created by this Agreement. Contractor <br /> shall fully comply with the workers'compensation law regarding Contractor and its employees. <br /> R6876-0001\1234380v2.doc <br />