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VILLAGE OF ERIE <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />This agreement for contract spraying to control adult mosquitoes is made between the Village of Erie whose office <br />is 14647 23`d Street South, Erie, ND 58029 hereinafter VILLAGE, and the Cass County Commission, whose office is at 211 <br />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) VILLAGE agrees to notify COUNTY via telephone, email, or facsimile each time the VILLAGE wishes <br />to receive community-wide adult mosquito spraying. <br />3 j COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the <br />VILLAGE streets when requested by the VILLAGE. Application will be in accordance with <br />manufacturer's instructions. The COUNTY will endeavor to comply with the VILLAGE'S request, but <br />exact timing of each application will be at the discretion of the COUNTY. <br />4) VILLAGE agrees to pay $294.00 per application for truck mounted spraying and residual spraying of <br />vegetation. <br />5) COUNTY will bill VILLAGE 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 VILLAGE from all direct <br />and indirect, present and future claims or causes of action, which in any way result from the activities of <br />the 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) VILLAGE 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 of <br />the VILLAGE 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 VILLAGE, its employees or contractors and <br />any party from which VILLAGE may obtain information or services for the completion ofthe same. This <br />assumption of liability and agreement to hold harmless is intended to cover any present or future activities <br />undertaken by VILLAGE in furtherance of this agreement. <br />Dated this ~ ~ day of d , 2009. <br />Chairman, Cass County Board of Commissioners <br /> <br />~- <br />a~9m' Village of C~-'. L <br />City Point of Contact for Mosquito Control (please print name) ~ /' (~ 1 y ~ d SCE <br />Phone number(s) (~d ~ ~ (p~0~'~~0 ~""r'laht ~~~~~ 7J6 ^ ~1.~0 -- Ce (~ ~ ~ (~ bb0'~'~1,,3~t''°~" <br />