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CITY OF MAPLETON <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />This agreement for contract spraying to control adult mosquitoes is made between the City of <br />Mapleton whose office is at PO Box 9, 651 2nd Street, Mapleton, North Dakota, 58059-0009 hereinafter CITY, <br />and the Cass County Commission, whose office is at 211 Ninth Street, Fargo, North Dakota 58108. Mailing <br />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 <br />program at no cost to the CITY commensurate with the COUNTY resources available. COUNTY will <br />provide 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 <br />receive city-wide adult mosquito spraying. <br />3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the <br />CITY streets when requested by the CITY. Application will be in accordance with manufacturer's <br />instructions. The COUNTY will endeavor to comply with the CITY'S request, but exact timing of <br />each application will be at the discretion of the COUNTY. <br />4) CITY agrees to pay $350.00 per application for truck mounted spraying and residual spraying of <br />vegetation. CITY agrees to pay $75.00 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 <br />and indirect, present and future claims or causes of action, which in any way result from the activities <br />of the COUNTY in completion of the tasks stated herein or may result from the decisions, <br />recommendations, actions, omissions of actions or other errors on the part of COUNTY, its employees <br />or contractors and any party from which COUNTY may obtain information or services for the <br />completion of the same. This assumption of liability and agreement to hold harmless is intended to <br />cover any present or future activities 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 <br />and indirect, present and future claims or causes of action, which in any way result from the activities <br />of the CITY in completion of the tasks stated herein or may result from the decisions, <br />recommendations, actions, omissions of actions or other errors on the part of CITY, its employees or <br />contractors and any party from which CITY may obtain information or services for the completion of <br />the same. This assumption of liability and agreement to hold harmless is intended to cover any present <br />or future activities undertaken by CITY in furtherance of this agreement. <br />Dated this~day of , 2009 <br />Chairman, Cass Co~u/nty Board of Commissioners <br />Mayor, City of i(iI ~ y' <br />City Point of Contact for Mosquito Control (please print name) ~~ pp ~mit /'YDYI <br />Phone number(s) ~d j ~l-~rr'a - G X19 ~-- (!~c/' ~/- 7lj j' - y~D^yf~ <br />