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CITY OF DAVENPORT 2004 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of Davenport whose office is at PO Box 98, Davenport, North Dakota, 58021-0098 hereinafter CITY, and the Cass County Commission, whose otlice 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 availablc. The County may also provide blm-ier applications at its discretion at no cost as part of the control program. County will provide these services without [ul1her request or notification from the City. 2) City agrees to notifY Collnty via telephone, email, or tàcsimile each time the City wishes to receive city-wide adult mosquito spraying. 3) COUNTY 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 manulàcturer's instructions. The County will endeavor to comply with the City's request, but exact timing of each application will bl' at the discretion of the County. 4) CITY agrees to pay $200.00 per application. 5) COUNTY will bill CITY for services rendered. Payments for seIvices to be made within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnify and defend the CITY fi'om all direct and indirect, present and future claims or causes of action, which in any way result JÌom the activities of the COUNTY 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 of COUNTY, its employees or contractors and any part trom which COUNTY may obtain intonnation or services for the completion of tile same. This assumption of liability and agreement to hold 1uumless is intended to cover any present 0.1' future activities undel1aken by COUNTY in furtherance ofthis agreement. 7) CITY agrees to assume all liability and agrees to indemnify 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 0.1' may result from the decisions, recommendations, actioru¡, omissions of actions or other elTors on the part ofCTTY, its employees or contractors and any part fÌom which CITY may obtain intonnation or services for the completion of the same. TIJis assumption ofIiability and agreement to hold harn11ess is intended to cover any present 0.1' future activities undertaken by CITY in furtherance of tIllS agreement. Dated this_day of ,2004. Chainnan, Cass County BO31'd of Commissioners -' Mayor, City of City Point of Contact tor Mosquito Control (please print name) -- Phone llumber(s)- l'W=' 8< v.ct", ,1004 V"",o..,2004 Vec,or C:ontraclS,C;Iy of 0."",,1""" 2004 COl1<..oc,-<lo<; 1