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CITY OF AMENIA <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />This agreement for contract spraying to control adult mosquitoes is made between the City of Amenia whose office <br />is at 203 Alley Street, Amenia, ND 58004 hereinafter CITY, and the Cass County Commission, whose office is at 211 Ninth <br />Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo, ND 58108 hereinafter COUNTY. <br />THE PARTIES STIPULATE AND AGREE AS FOLLOWS: <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. COUNTY will provide <br />these services without further request or notification from the CITY. <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 />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. <br />The COUNTY will endeavor to comply with the CITY' S request, but exact timing of each application will <br />be at the discretion of the COUNTY. <br />4) CITY agrees to pay $320.00 per application for truck mounted spraying and residual spraying of <br />vegetation. CITY agrees to pay $50.00 per application for truck mounted spraying only. <br />5) COUNTY will bill CITY for services rendered. Payments for services to be made within 30 days. <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 <br />COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, <br />actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any <br />party from which COUNTY may obtain information or services for the completion of the same. This <br />assumption of liability and agreement to hold harmless is intended to cover any present or future activities <br />undertaken by COUNTY in furtherance of this agreement. <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 <br />CITY in completion ofthe tasks stated herein or may result from the decisions, recommendations, actions, <br />omissions of actions or other errors on the part of CITY, its employees or contractors and any party from <br />which CITY may obtain information or services for the completion of the same. This assumption of <br />liability and agreement to hold harmless is intended to cover any present or future activities undertaken by <br />CITY in furtherance of this agreement. <br />Dated this~day of r ' l , 2009 <br />Chairman, Cass County Board of Commissioners <br />Mayor, City of ~)~ g h; ~ <br />City Point of Contact for Mosquito Control (please print name) I~ D n n Gt V~'ri N ~ hS h k /"1 , ~'Y~ ~ d u14 /l <br />Phone number(s) 7 D ~ - 3 ~ 7 ~ 4 7 / hJ ~~~~,~ - 3 y ~ - ~~-~ ~ „w. <br />