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VILLAGE OF ERIE 2008 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the Village of Erie whose office is 14647 23'd Street South, Erie, NO 58029 hereinafter VILLAGE, and the Cass County Commission, whose office is at 211 Ninth Street, Fargo, North Dakota 5& 1 08. Mailing address is Box 2806 Fargo, ND 58108 hereinafter COUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: I) 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. COUNTY will provide these services without further request or notification from the CITY. 2) VILLAGE agrees to notifY COUNTY via telephone, email, or facsimile each time the VILLAGE wishes to receive community-wide adult mosquito spraying. 3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the VILLAGE streets when requested by the VILLAGE. Application will be in accordance with manufacturer's instructions. The COUNTY will endeavor to comply with the VILLAGE'S request, but exact timing of each application will be at the discretion of the COUNTY. 4) VILLAGE agrees to pay $294.00 per application for truck mounted spraying and residual spraying of vegetation. 5) COUNTY will bill VILLAGE for services rendered. Payments for services to be madc within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnifY and defend the VI LLAGE 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 en'ors on the part of COUNTY , its employees or contractors and any party 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) VILLAGE 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 VILLAGE 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 VILLAGE, its employees or contractors and any party from which VILLAGE may obtain information or services for the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present or future activities underta~n by VILLAGE in furtherance of this agreement. Dated this~day of ~(7 ,2008. Chairman, Cass County Board of Commissioners Mayor, Village of ,E',i ~ City Point of Contact for Mosquito Control (please print name) ?OI-_k~~_?2- iL- T elf <> Phone number(s) "-\,:...~tlJ( .:~\~. \,',:i':lI'-{,..r~n',J",'r"-," !;'<il: ,,~