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<br />RECEIVEG <br /> <br />MAY 6 2005 <br /> <br />CITY OF DA VENPORT <br />CASS COUNTY CC"".11i;/6$ION \1\ 2005 ADULT MOSQUITO CONTROL AGREEMENT <br />~ <br />This agre~n!ent for contract spraying to control adult mosquitoes is made between the City of Davenport whose <br />office is at PO Box(@) Davenport, North Dakota, 58021-0098 hereinafter CITY, and the Cass County Commission, whose <br />office is at 2 I I Ninth Street, Fargo, North Dakota 58 I 08. Mailing address is Box 2806 Fargo NO, 58108 hereinafter <br />COUNTY. <br /> <br />THE PARTIES STIPULATE AND AGREE AS FOLLOWS: <br /> <br />1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program <br />at no cost to the City commensurate with the County resources available. The County may also provide barrier <br />applications at its discretion at no cost as part of the control program. County will provide these services without <br />further request or notification from the City. <br /> <br />2) City agrees to notifY County via telephone, email, or facsimile each time the City wishes to receive <br />city-wide adult mosquito spraying. <br /> <br />3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the City <br />Streets when requested by the City. Application will be in accordance with manufacturer's instructions. The <br />County will endeavor to comply with the City's request, but exact timing of each application will be at the <br />discretion of the County. <br /> <br />4) CITY agrees to pay $200.00 per application. <br /> <br />5) COUNTY will bill CITY for services rendered. Payments for services to be made within 30 days. <br /> <br />6) COUNTY agrees to assume all liability and agrees to indemnifY and defend the CITY from all direct and <br />indirect, present and future claims or causes of action, which in any way result from the activities of the COUNTY <br />in completion ofthe tasks stated herein or may result from the decisions, recommendations, actions, omissions of <br />actions or other errors on the part of COUNTY, its employees or contractors and any part from which COUNTY <br />may obtain information or services for the completion of the same. This assumption of liability and agreement to <br />hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this <br />agreement. <br /> <br />7) CITY agrees to assume all liability and agrees to indemnifY and defend the COUNTY from all direct and <br />indirect, present and future claims or causes of action, which in any way result from the activities of the City in <br />completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of <br />actions or other errors on the part of CITY, its employees or contractors and any part from which CITY may obtain <br />information or services for the completion of the same. This assumption ofliability and agreement to hold harmless <br />is intended to cover any present or future activities undertaken by CITY in furtherance of this agreement. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2005. <br /> <br />Chairman, Cass County Board of Commissioners <br /> <br />MaYOr,Cityof~cr ~~.I'Ia ,c;~. <br />City Point of Contact for Mosquito Control (please print name) ]5 E- V b 14- LU S c> N <br /> <br />Phone number(s) <br /> <br />7o!- ~:2. g- 31((0 <br /> <br />J:lVector\2005 Vector12005 ContractslCity of Davenport 2005 Contract.doc <br /> <br />1 <br />