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CITY OF REILES ACRES 2004 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of Reiles Acres whose office is at 3545 - 46th Street North, Reiles Acres, 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, 58101\ 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 pro!,'fam at no cost to the City commensurate with the County resources available. The County may also provide barrier applications at it¡¡ discretion at no cost as part of the control program. County will provide these services without further request or notification fi-om the City. 2) City agrees to notify County via telephone, email, or facsimiJe each time the City wishes to receive city-wide adult mosquito spraying. 3) COUNTY ab'fees to apply an insecticide for control of adult mosquito populations throughout the City Streets when requested by the City. Application wil1 be in accordance with manufacturer's instructions. The 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 $100.00 pCI' application. 5) COUNTY will bill CITY for services rendered. Payments for services to be made witl1.Ìn 30 days. 6) COUNTY agrees to assume allliabiJity and agrees t() indemnify and defend the CITY trom all direct and indirect, present and future claims or causes of action, whjch in any way result from the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on thc part of COUNTY, its employees or contractors and any part from which COUNTY may obtain infonnation or services for the completion of the same. 111.Ìs assumption of liability and agreement to hold halmless is intended to cover any present or future activities undertaken by COUNTY in fi.lltherancc oftbis 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 or may result fÌ'om the decisions, recommendations, actions, omissions of actions or other en-ors on the part of CITY, its employees or contractors and any pmt ii'om which CITY may obtain information or services for the completion ofthe same. This assumption ofliability and agreement to hold hatmless is intended to cover any present or future activities undeliakel1 by CITY in furtherance of this agreement. Dated this_day of ,2004. Chainmm, Cass County Board ofCommissjoners Mayor, City of_- City Point of Contact for Mosquito Control (please print name) -- Phone Ilumber(s) J:'Weed & V...10,,'1004 V"'0,',2004 VC<:lor (',.,ntractS'City "fR,Ucs Am. Comra« 2004,ú,,' 1