GROUND BASED MOSQUITO AND BLACK FLY ABATEMENT AGREEMENT
In consideration of the mutual obligations set forth herein, this Ground Based
Mosquito and Black Fly Abatement Agreement (Agreement) is entered into this 8th day of
September, 2015, between Humboldt County, a political subdivision of the State of Nevada
(Humboldt County) and Seven Valleys, LLC (Contractor). Humboldt County and Contractor
agree as follows:
1. Humboldt County shall engage Contractor to spray pesticides from ground based
vehicles operated by Contractor for purposes of mosquito/black fly abatement and control.
Contractor offers to perform, in accordance with the terms of this Agreement, for compensation
at the rate of $42.00 per hour for Contractor, beginning September 1, 2015 and increasing to
$43.00 per hour beginning September 1, 2016. Compensation for Contractor’s assistants shall be
$27.00 per hour beginning September 1, 2015 and increasing to $28.00 per hour on September 1,
2016. These hourly rates will be adjustable upon a showing by Contractor that circumstances
have changed meriting an increase and according to paragraph 11, below.
Additionally,
Contractor will be compensated for the use of Contractor vehicle at the current approved rate for
mileage, if such travel is necessary to the performance of this agreement.
2. Anticipated duration of the contract shall be from September 1, 2015 through
August 31, 2018; however, it is agreed, in case of violation of the terms of the Agreement by
either party or any of its agents for employees, of any of the provisions contained in this
Agreement, either party shall have the right to declare this Agreement null and void.
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3. Application and handling of pesticides by Contractor shall be in strict conformity
with all applicable federal and state laws, together with all regulations and requirements.
Contractor warrants that he shall at all times be properly licensed and certified by the appropriate
agencies for the application and handling of pesticides under this agreement, and for the
operation of ground based vehicles used in such operations.
4. Humboldt County shall supply the foggers, motor vehicles upon which the
foggers are mounted, other equipment, chemicals, mosquito fish, and shall ensure all are in
proper working order.
5. Contractor shall monitor adult and larval mosquito populations to determine the
areas to be sprayed and the chemicals to be used. Application shall be by fogging in accordance
with specifications, calibrations and application rates specified on the label by the pesticide
manufacturer and by mosquito fish for larval control where applicable.
6. Contractor shall maintain and permit Humboldt County to inspect records, with
reasonable notice. Invoices shall be submitted to Humboldt County indicating the number of
hours worked and number of miles driven.
7. Contractor shall provide fogging service for Humboldt County, and with the
assistance of Humboldt County, shall obtain any permits or grants of permission necessary to
permit the spraying of pesticides.
8. Contractor is an independent contractor and in no sense shall be considered an
employee or agent of Humboldt County.
This contract shall not be construed as one for
employment, but rather to accomplish a specific result. Contractor shall provide State Industrial
Insurance coverage for both himself and his employees. Contractor shall pay his own FICA,
Social Security, Worker’s Compensation and unemployment obligations.
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Contractor shall
further provide, at his own expense, liability insurance of not less than $1,000,000 and evidence
of coverage thereof (in writing) to Humboldt County, naming Humboldt County as an additional
insured.
9. Contractor shall not employ any subcontractor, supplier or other person or
organization, whether initially or as a substitute, against whom Humboldt County may have a
reasonable objection. Contractor shall not be required to employ any subcontractor, supplier or
other person or organization to furnish or perform any of the work against whom Contractor has
reasonable objection.
10. Contractor shall be solely responsible for and shall indemnify and hold Humboldt
County, its officers, and employees, harmless against any and all claims, or liabilities, losses,
damages or injuries to any person or entity, including any of such by way of indemnification or
contribution due to personal injury, death, or property damage arising directly or indirectly from
the performance of services under this agreement.
11. Contractor shall be compensated for services as provided in the price quotation
accepted by Humboldt County. No changes may be made in the price quotation without the
mutual consent of all parties. Humboldt County shall be solely responsible for compensation of
Contractor for services performed entirely within Humboldt County and outside Winnemucca,
when said services are for the benefit of Humboldt County.
12. It is understood and agreed by the parties that if any part, term, or provision of
this contract is held by the courts to be illegal or in conflict with any law of the State of Nevada,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the contract did not contain the
particular part, term, or provision held to be invalid.
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13. This Agreement and the rights and obligations of the parties hereunder shall be
governed by and construed under the laws of the State of Nevada. In any legal proceeding arising
out of or related to this Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees and out-of-pocket costs, in addition to any other relief to which such party may be entitled.
14. The covenants and conditions contained in this agreement shall apply to and bind
the parties, legal representatives and assigns of the parties.
15. This agreement shall not be assignable without the consent of both parties; but
this provision shall not prevent either party from selling, assigning, or transferring a pecuniary
interest in any specific property acquired pursuant to this Agreement.
16. This Agreement is subject to force majeure, and is contingent on strikes,
accidents, acts of God, and weather conditions, inability to secure labor, fire regulations or
restrictions imposed by any government or governmental agency, or other delays beyond the
control of the parties.
17. Wherever in this agreement it shall be required or permitted that notice be given
by either party to the other, such notice must be in writing and must be given personally, or
forwarded by certified mail addressed as follows:
To:
Humboldt County Administrator
50 W. Fifth Street, Room 205
Winnemucca, NV 89445
To:
Seven Valleys, LLC
Attn: Robin Gray, President
P.O. Box 547
Winnemucca, NV 89446
18. It is agreed between the parties that no claim can be made for breach of this
Agreement unless notice of the breach, and demand for performance, is made to the other party.
Notice of breach under this provision must specify the details of the claimed breach. Demand
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for performance under this provision must specify the details specific to the demanded
performance.
19. This document and the price quotation comprise the entire agreement between the
parties.
20. Any party shall have the right to terminate this agreement by giving the other
parties 10 days notice by registered mail, return receipt requested. If notice is so given by
Contractor, this agreement shall terminate on the expiration of 90 days, and the liability of the
parties for the further performance of the terms of this agreement shall cease, but the parties shall
not be relieved of the duty to perform their obligations up to the date of termination.
HUMBOLDT COUNTY
BOARD OF COMMISSIONERS
SEVEN VALLEYS, LLC
___________________________
Garley Amos, Chairman
___________________________
Robin Gray, President
__________________
Date
__________________
Date
ATTEST:
___________________________
Tami Rae Spero, County Clerk
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