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REGEIVcu MAY 6 2005 CASS COUNTY COMMISSION CITY OF ARTHUR 2005 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of Arthur whose office is at PO Box 161, Arthur, North Dakota, 58006-0161 hereinafter CITY, and the Cass County Commission, whose office is at 211 Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo NO, 58108 hereinafter COUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost to the City commensurate with the County resources available. The County may also provide barrier applications at its discretion at no cost as part of the control program. County will provide these services without further request or notification from the City. 2) City agrees to notifY County via telephone, email, or facsimile each time the City wishes to receive city-wide adult mosquito spraying. 3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the City Streets when requested by the City. Application will be in accordance with manufacturer's instructions. The County will endeavor to comply with the City's request, but exact timing of each application will be at the discretion of the County. 4) CITY agrees to pay $200.00 per application. 5) COUNTY will bill CITY for services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnifY and defend the CITY from all direct and indirect, present and future claims or causes of action, which in any way result from the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any part from which COUNTY may obtain information or services for the completion of the same. This assumption ofliability and agreement to hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. 7) CITY agrees to assume all liability and agrees to indemnifY and defend the COUNTY from all direct and indirect, present and future claims or causes of action, which in any way result from the activities of the City in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on the part of CITY, its employees or contractors and any part from which CITY may obtain information or services for the completion of the same. This assumption ofliability and agreement to hold harmless is intended to cover any present or future activities undertaken by CITY in furtherance of this agreement. Dated this---LDay of A~\ ('\ ,2005. Chairman, Cass County Board of Commissioners MaYOr,Cityof~ 5~=~ ~(U,,~V' City Point of Contact for Mosquito Control (please print name) -X-e ('IV' (\J -eJrc:... SO Phone number(s) (:, c> \) q(p 1- g3d1 J:lVector12005 Vector\2005 Contracts\City of Arthur Contract 2005.doc 1