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CITY OF NORTH RIVER 2004 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of North River whose office is at 2302 River Drive, Fargo, North Dakota, 58102 hereinafter CITY. and the Cass County Commission, whose office is at 211 Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo ND, 58108 hereinafter COUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: I) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost to the City commensurate with the County resources available, The County may also provide banier applications at its discretion at no cost as part of the conb'ol program. County will provide these services without tiuiher request or notification Ii'om the City. 2) City agrees to notify County via telephone, email, or fdcsimile each time the City wishes to receive cily-wide adult mosquito spraying. 3) CO UNTY agrees to apply an insecticide for control of adult mosquito populations throughout the City Streets when requested by the City. Application will. be in accordance with manufacturer's instl1lctions. 111(: County will endeavor to comply with the City's request, but exact timing of each application will be at the discretion of the County, 4) CITY agrees to pay $200,00 per application. 5) COUNTY wiU bill CITY for services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume a¡¡1iability and agrees to indemnify and defend the CITY ffom aU direct and indirect, present and future claims or causes of action, which in any way result tram the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, rcconm1endations, actions, omissions of actions or other CITors on the part of COUNTY, its employees or contractors and any part ITom which COUNTY may obtain intonnation or services tor the completion of the same, This assumption ofliability and agreement to hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. 7) CITY agrees to assume all liability and agrees to indemnifY and defend the COUNTY from all direct and indirect, present and futtu'e claims or causes of action, which in any way result from the activities of the City in completion of the tasks stated herein or may result fì'om the decisions, recommendations, actions, omissions of actions or other errors on the part ofCIn', its employees or contractors and any part ii-om which CITY may obtain Í1úonnation or services for U1e completion of the same. This assumption ofliability and agreement to hold h.all111ess is intended to cover any present or future activities undertaken by CITY in furtherance of this agreement. Dated this day of ,2004. ChaÙman, Cass County Board of Commissioners --.-- Mayor, City of_- -_. ----- City Point of Contact for Mosquito Contra] (please print name)- Phone number(s) -.- J:'Wrcd & V<"m:~(JOo1 Ycc",r'.2004 Y,,<to, ConrrnCt.' r.ily ofNol1h Rim ConrrnCl200~.doc 1