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~ ooi <br />CITY OF HTJNTER <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />This agreement for contract spraying to control adult mosquitoes is made between the City of Hunter whose <br />office is at PO Box 56, Hunter, North Dakota, 58048-0056 hereinafter CITY, and the Cass County Commission, <br />whose office is at 211 Ninth Street South, Fargo, North Dakota 58108. N[ailin; address is Box 2806 Fargo, ND <br />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 CTTY 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 a, ees 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 CTTY'S request, but exact timing of <br />each application will be at the discretion of the COUNTY. <br />4) CTTY agrees to pay $510.00 per application for truck mounted spraying and residual spraying of <br />vegetation. CITY agrees to pay S 1.25.00 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, ita employees <br />or contractors and any party from whicli 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 indrrcet, present and fuNre claims or causes of action, which in any way result from the activities <br />of the Ciry 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 CITY, its employees or contractors and any <br />party from which CITY 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 futwe <br />activities undertaken by CITY in furtherance of this agreement. <br />Dated this ~ day of ~ 2009. <br />Chairman, Cass Cotui Board of Commissioners <br />Mayor, City of __ <br />City Point of Contact for Mosquito Control (please print name) __1~/~~GYJN <br />Phone number(s) ~~ ~',/~~~ /~~~" lJ~j~ /~~/ C~ ~ 7y~ ~'7?•zJ~/g <br />