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CITY OF ARTHUR <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />This agreement for contract spraying to control adult mosquitoes is made between the City of Arthur whose office <br />is at PO Box 161, Arthur, North Dakota, 58006-0161 hereinafter CITY, and the Cass County Commission, whose office is at <br />211 Ninth 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 $390.00 per application for truck mounted spraying and residual spraying of <br />vegetation. CITY agrees to pay $100.00 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 incompletion of the 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 M"" 1 , 2009. <br />Chairman, Cass County Board of Commissioners __ <br />Mayor, City of ~~ ,,,.~ <br />City Point of Contact for Mosquito Control (please print name) Qf~- ~ Or~~ ~a~ <br />Phone number(s) ~ ~ ~ ~ ~ ~ ~ ~3 2 <br />1 <br />