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<br />Contractor declares it has the sufficient personnel and the requirements of the above paragraph to <br /> <br />effectively spray all areas of the County with chemical pesticides approved for residential spraying. <br /> <br />SECTION I. <br /> <br />County hereby engages Contractor as an independent contractor, and not as an employee, to <br /> <br />conduct aerial spraying of pesticides of approximately 2,590 acres over the County when directed to do so <br /> <br />by Cass County Vector Control, and Contractor hereby accepts and agrees to such engagement. <br /> <br />SECTION II. <br /> <br />The term of this Agreement shall commence on the date the retainer fee is paid subject to Section <br /> <br />III of Agreement and shall terminate October 31, 2006, subject, however, to prior termination as hereinafter <br /> <br />provided, <br /> <br />SECTION III. <br /> <br />County shall pay Contractor, and Contractor shall accept from County, in full payment of Contracto~s <br /> <br />services hereunder, compensation at a rate as follows: <br /> <br />$1,327.00 retainer fee paid prior to March 15, 2006. <br /> <br />. The $2.05 per acre rate Is based on the use of the chemical Permethrin 30 + 30 applied at <br />.007 Ibs. per acre and mixed with mineral oil for a finished rate of 1 oz, per acre, <br /> <br />If the County determines that a different application rate of Permethrin or a chemical other <br />than Permethrin should be used, then the $2.05 per acre rate shall be renegotiated and both <br />the County and Contractor agree to negotiate in good faith, <br /> <br />County shall pay Contractor a $500 ferry charge for each application and assessed to every <br />release of the aircraft by the County, <br /> <br />The retainer fee will be subtracted from the beginning of the billing cycles until 1 00% of the retainer has been <br /> <br />assessed against Contractor by the County, therefore reducing the cost of the initial billings by $1,327, If at <br /> <br />the end of the term of this Agreement there remains any unused retainer fee, then the unused retainer fee <br /> <br />shall be retained by and become the sole property of Contractor. <br /> <br />Page 2 <br />