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<br />CITY OF KINDRED <br />2004 ADULT MOSQUITO CONTROL AGREEMENT <br /> <br />This agreement for contract spraying to control adult mosquitoes is made between the City of Kindred whose office <br />is at 31 Fifth Avenue North, Kindred, North Dakota 58051 hereinafter CITY, and the Cass County Commission, whose <br />office is at 211 Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo ND, 58108 hereinafter <br />COUNTY. <br /> <br />THE PARTIES STIPULATE AND AGREE AS FOLLOWS: <br /> <br />1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program <br />at no cost to the City commensurate with the County resources available. The County may also provide barrier <br />applications at its discretion at no cost as part of the control program. County will provide these services without <br />further request or notification from the City. <br /> <br />2) City agrees to notifY County via telephone, email, or facsimile each time the City wishes to receive <br />city-wide adult mosquito spraying. <br /> <br />3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the City <br />Streets when requested by the City. Application will be in accordance with manufacturer's instructions. The <br />County will endeavor to comply with the City's request, but exact timing of each application will be at the <br />discretion of the County. <br /> <br />4) <br /> <br />CITY agrees to pay $200.00 per application. <br /> <br />5) <br /> <br />COUNTY will bill CITY for services rendered. Payments for services to be made within 30 days. <br /> <br />6) COUNTY agrees to assume all liability and agrees to indemnifY and defend the CITY from all direct and <br />indirect, present and future claims or causes of action, which in any way result from the activities of the COUNTY <br />in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of <br />actions or other errors on the part of COUNTY, its employees or contractors and any part from which COUNTY <br />may obtain information or services for the completion ofthe same. This assumption ofliability and agreement to <br />hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this <br />agreement. <br /> <br />7) CITY agrees to assume all liability and agrees to indemnifY and defend the COUNTY from all direct and <br />indirect, present and future claims or causes of action, which in any way result from the activities of the City in <br />completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of <br />actions or other errors on the part of CITY, its employees or contractors and any part from which CITY may obtain <br />information or services for the completion of the same. This assumption ofliability and agreement to hold harmless <br />is intended to cover any present or future activities undertaken by CITY in furtherance of this agreement. <br /> <br />Dated this seventeenth day of June, 2004. <br /> <br />Chairman, Cass County Board of Commissioners <br /> <br />Mayor, City of &dJi¡£i ~ ~ ~ <br /> <br />City Point of Contact for Mosquito Control (please print name) ßJJoíYJI' Ii )fld ef7tJ.- <br />Phonenumber(s) 70/- L/~?~3 //5 <br /> <br />Hoblit Cj[1lll <br />