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<br />TECHNICAL RESCUE AND HAZARDOUS SPILL <br />CONTAINMENT AGREEMENT <br /> <br />THIS AGREEMENT is made between Cass County Government (hereafter "COUNTY") <br />and the City of Fargo (hereafter "FARGO"). <br /> <br />WHEREAS, COUNTY is desirous of obtaining technical rescue and hazardous spill <br />containment services from FARGO; <br /> <br />WHEREAS, FARGO currently owns or has access to equipment for technical rescue <br />and hazardous spill containment; <br /> <br />WHEREAS, FARGO currently has employees trained in technical rescue and <br />hazardous spill containment; <br /> <br />WHEREAS, FARGO represents that it is duly qualified and willing to perform the <br />services and duties set forth herein; <br /> <br />NOW THEREFORE, in consideration of the mutual covenants and promises contained <br />herein, the COUNTY and FARGO agree as follows: <br /> <br />1. Term: This Agreement shall be effective upon the date the COUNTY and <br />FARGO execute the Agreement and shall remain in effect until terminated by <br />either COUNTY or FARGO. The timing and notice of any such termination shall <br />comply with provisions below. <br /> <br />2. Scope of Service: <br /> <br />1. FARGO's Duties: In general, FARGO agrees to provide technical rescue <br />and hazardous spill containment services to the COUNTY as needed, on <br />an on call basis when technical rescue and spill containment resources <br />are available for dispatch to the COUNTY. Refer to Enclosure 1 for a <br />more specific listing of FARGO's duties under this Agreement. <br /> <br />2. COUNTY's Duties: COUNTY agrees to pay FARGO under the conditions <br />and terms given below. <br /> <br />3. Geoqraphic Territorv: The geographic territory to be covered under this <br />Agreement is all of Cass County, North Dakota, but outside of FARGO. <br /> <br />3. Consideration and Terms of Payment: <br /> <br />1. Amount of Pavment(s): COUNTY agrees to pay FARGO an annual lump <br />sum of Ten Thousand Dollars ($10,000.00). In addition to that annual <br />sum, the COUNTY agrees to pay FARGO its out-of-pocket expenses <br />incurred in technical rescue and hazardous spill containment done for the <br />COUNTY. The out-of-pocket expenses include, but are not limited to, <br />wages, taxes, vehicle expenses, costs for material used and equipment <br />costs. Those expenses will be up to a maximum of $5,000.00 for any <br />single occurrence without FARGO seeking and receiving from the <br /> <br />1 <br />