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~ Homeowner's Organization or Other Private Organization 2006 ADULT MOSQUITO CONTROL AGREEMENT Heritage Hills Subdivision . This agreement for contract spraying to control adult mosquitoes is made between Heritage Hills Subdivision whose mailing address is PO Box 1026, Fargo, North Dakota, 58107 hereinafter ORGANIZATION, 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. Dated this 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 ORGANlZA TION 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 ORGANIZATION. 2) ORGANIZATION agrees to notifY County via telephone, email, or facsimile each time the ORGANIZATION wishes to receive adult mosquito spraying within the subdivision. 3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the Streets when requested by the ORGANIZATION. Application will be in accordance with manufacturer's instructions. The County will endeavor to comply with the ORGANIZATION'S request, but exact timing of each application will be at the discretion of the County. 4) ORGANIZATION agrees to pay $100.00 per application. 5) COUNTY will bill ORGANIZATION for services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnifY and defend the ORGANIZATION fromall direct and indirect, present and future claims or causes of action, which 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 the part of COUNTY, its employees or contractors and any part from which COUNTY may obtain information or services for the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. 7) ORGANIzATION 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 ORGANIZATION in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on "Ute part of ORGANIZATION, its employees or contra~tors and any part from which ORGANIZATION may obtain information or services for the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present 'or future activities undertaken by ORGANIZATION in furtherance of this agreement. day of .2006. .' Chairperson, Cass County Board of Commissioners ORGANIZATION authorized representative Phone number(s) ORGANIZATION Point of Contact for Mosquito Control (please print name) J:\Veclor\2006 Yector\2006 Contracts\Heritage Hills Subdivision 2006 Contract.doc 1