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CITY OF MAPLETON 2004 ADULT MOSQUITO CONTROL AGREEMENT This agreement for contract spraying to control adult mosquitoes is made between the City of Mapleton whose office is at PO Box 277, Mapleton, ND 58059-0277 hereinafter CITY, and the Cass County Commission, whose office is at 211 Ninth Street South, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo ND, 58108.hereinaftcrCOUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 1) 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 ban-jer applications at its discretion at no cost as part of the control program. County will provide these services without further request or notification fi'otll the City. 2) City agrees to notify County via telephone, email, or facsimile each time the City wishes to receive city-wide adult mosquito spraying. 3) COUNfY agrees to app1y 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 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 $200.00 per application. 5) COUNTY will bill CITY for services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume a11 liability and agrees to indemnify and detènd the CITY trom all direct and indirect, present and future claims or causes of action, which in anyway result ITom the activities of the COUNTY in completion of the tasle¡ stated herein or may result ITom the decisions, recommendations, actions, omissions of actions or other C1TOfS on the part of COUNTY, its employees or contractors and any pal1 fi'om which COUNTY may obtain information or services for the completion of the same. This assumption ofliability and agreement to hold hannless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. 7) CITY agrees to assume aliliabi]ity 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 resu]t from the activities of the City in completion of the tasks stated herein or may result ftom the decisions, recommendations, actions, omissions of actions or other errors on the pal1 of CITY, its employees or contractors and any pm1 from which CITY may obtain infmmation or services for the completion of the same. This assumption ofliability and agreement to hold hannless is intended to cover any present or future activities undm1aken by CITY in fi1l1herance of this agreement. Dated this_day of ,2004, Chairman, Cass County Board of Commissioners Mayor, City of "- City Point of Contact for Mosquito Control (please print name) -- Phone nwnbCl'(s) hWeed & Vcnor\1004 YCClor'.2004 V""Cof Con".clS',City COIIU>", Te"'pla'o 201)4.<1,,< 1