Fire Management Plan

FIRE MANAGEMENT PLAN AND SERVICES AGREEMENT

Client Name:   Contractor Name:

Effective Date:   Project Location(s):

RECITALS

WHEREAS, Client is the owner or authorized manager of the real property described in the Project Location(s) and seeks to reduce wildfire risk, hazardous fuels and improve fire resilience through managed activities; and

WHEREAS, Contractor holds expertise, licensure and insurance to perform prescribed burning, mechanical fuel reduction, and related fire management services and agrees to perform such services in accordance with this Agreement, all applicable permits, and accepted professional standards; and

WHEREAS, the parties desire to set forth the scope of work, payment terms, safety protocols, reporting obligations, and legal terms governing Contractor's performance of the Fire Management Plan.

SCOPE OF WORK

Contractor will perform the fire management services described below and in any attachments. The parties acknowledge that the following scope is binding and may be amended only by written change order signed by both parties.

Primary Activities (select all that apply):

Prescribed Burn
Mechanical Fuel Reduction (masticators, chippers)
Hand Thinning and Limbing
Access Improvements and Firebreaks
Hazardous Tree Removal

Planned Start Date:   Planned Completion Date:

PAYMENT TERMS

As consideration for the Services, Client shall pay Contractor in accordance with the terms set forth below.

Late Payment: Unpaid amounts shall accrue interest at from the due date until paid. Contractor may suspend work if Client fails to pay undisputed invoices within days after written notice.

TERM AND TERMINATION

Term Commencement Date:   Term Expiration Date:

Either party may terminate this Agreement for convenience upon days' prior written notice. Immediate termination for cause is permitted where a party materially breaches this Agreement, engages in unsafe operations, or fails to maintain required permits or insurance; termination for cause does not relieve the breaching party of liability for damages.

RISK ASSESSMENT, PERMITS AND COMPLIANCE

Contractor shall perform a written risk assessment prior to operations and shall obtain and comply with all permits, notifications and conditions required by applicable authorities. Permit Numbers (if obtained):

Anticipated control measures to mitigate escape and smoke impacts include:

Thorough mop-up and patrol
Containment lines and firebreaks
Specific weather windows and holding resources
Pre-activity public and neighbor notification

SAFETY AND EMERGENCY RESPONSE

EQUIPMENT, PERSONNEL AND INSURANCE

MONITORING, REPORTING AND RECORDS

Reports due within days of activity completion. Contractor shall maintain records of weather conditions, personnel, equipment used, and actions taken for a minimum of years.

CONFIDENTIALITY

Each party shall hold confidential all non-public information disclosed in connection with the Services that is reasonably designated confidential or would reasonably be considered confidential given the nature of the information and the circumstances of disclosure. Confidential information shall not include information that is or becomes publicly available other than by breach of this Agreement, or that is rightfully received from a third party without confidentiality obligations. The confidentiality obligations shall survive termination of this Agreement for a period of years.

INDEMNITY AND LIMITATION OF LIABILITY

Contractor shall indemnify, defend and hold harmless Client, its officers, agents and employees from and against all third-party claims, losses, liabilities and expenses (including reasonable attorney fees) arising out of Contractor's negligent acts or omissions or willful misconduct in performing the Services. Client shall indemnify and hold Contractor harmless from claims arising from Client-supplied information, conditions on the property unknown to Contractor, or Client's negligence. Neither party shall be liable to the other for incidental, consequential, punitive or special damages except for liability arising from gross negligence or willful misconduct.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state identified by Client Address jurisdiction without regard to choice of law principles. The parties submit to the exclusive jurisdiction of that state's courts for disputes arising hereunder.

This Agreement, including attachments and any executed change orders, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior written or oral representations, negotiations and agreements. Any amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign to a successor entity in connection with a merger or sale of substantially all of its assets. Notices: Notices shall be in writing and delivered to the addresses provided above. Severability: If any provision is held invalid, the remainder shall remain effective.

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