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CITY OF HUNTER 2004 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of Hunter whose office L~ at PO Box 312, Hunter, North Dakota, 58048-0312 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: 1) COUNTY agrees to take steps to controlillosquito larva as part of it~ ongoing mosquito conlrol program at no cost to the City commensurate with the County resources available. The County may also provide barrier applications at its discretion at no cost as part of the control program. County will provide these services without further request or notification from the City. 2) City agrees to notify County via telephone, email, or facsimile each lime the City wishes to receive city-wide adult mosquito spraying. 3) COUNTY agrees to apply an inse{;ticide for control of adult mosquito populations throughout the City Streets when requested by the City. Application will be in accordance with manufacturers instructions. The County will endeavor to comply with the City's request, but exact timing of each applkation will be at the discretion of the County. . 4) CITY agrees to pay $300.00 per application. 5) COUNTY will bill CITY tor services rendered. Payments tor services to be made within 30 days. 6) COUNTY agrees to assume allliabiJity and agrees to indemnify and defend the CITY from all direct and indirect, present and future claims or causes of action, wlllch in any way result from the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, reconnnendations, actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any part from which COUNTY may obtain information or services for the completion ofthe 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 agree,~ to assume all liability and agrees to indemnity and defend the COUNTY from all direct and indirect, present and future 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 from the decisions, recommendations, action.~, omissions of actions or other errors on the part ofClTY, its employees or contractors and any part trom which CUY may obtain information or services for the completion ofthe same. This assumption ofliability and agreement to hold harmless is intended to cover any present or future activities undertaken by CITY inihrtherance of this agreement. Dated this_day of ,2004. Chairman, Cass County Board of Conwlissioncrs - Mayor, City of --- City Point of Contact tor Mosquito Control (please print name) Phone number(s) J:'Wœd &. VC<tor\2004 Vc<tol'.2004 Vt'CtorCoJlh1l<l.\Cily ConrraCt r""'phllo 2004.<100 1