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Homeowner's Organization or Other Private Organization <br />2009 ADULT MOSQUITO CONTROL AGREEMENT <br />Highland Park <br />This agreement for contract spraying to control adult mosquitoes is made between the Highland Park <br />Homeowner's Association whose mailing address is 1520 64`s Avenue North, Fargo, ND 58102 hereinafter <br />ORGANIZATION, and the Cass County Commission, whose office is at 211 Ninth Street South, Fargo, North Dakota <br />58108. Mailing address is Box 2806 Fargo, ND 58108 hereinafter COUNTY. <br />THE PARTIES STIPULATE AND AGREE AS FOLLOWS: <br />1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost <br />to the ORGANIZATION commensurate with the COUNTY resources available. COUNTY will provide these <br />services without further request or notification from the ORGANIZATION. <br />2) ORGANIZATION agrees to notify COUNTY via telephone, email, or facsimile each time the <br />ORGANIZATION wishes to receive adult mosquito spraying within the subdivision. <br />3) COUNTY agrees to apply an insecticide for control of adult mosquito populations tlu•ot-ghout the streets when <br />requested by the ORGANIZATION. Application will be in accordance with manufacturer's instructions. The <br />COUNTY will endeavor to comply with the ORGANIZATION' S request, but exact timing of each application <br />will be at the discretion of the COUNTY. <br />4) ORGANIZATION agrees to pay $590.00 per application for h•uck mounted spraying and residual spraying of <br />vegetation. ORGANIZATION agn•ees to pay $65.00 per application for truck mounted spraying only. <br />5) COUNTY will bill ORGANIZATION for services rendered. Payments for services to be made within 30 days. <br />6) COUNTY agrees to assume all liability and agrees to indemnify and defend the ORGANIZATION from all <br />direct and indirect, present and future claims or causes of action, which in any way result from the activities of <br />the COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, <br />actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any <br />party fiom which COUNTY may obtain information or services for the completion of the same. This <br />assumption of liability and agreement to hold harmless is intended to cover any present or future activities <br />undertaken by COUNTY in furtherance of this agreement. <br />7) ORGANIZATION agrees to assume all liability and agrees to indemnify and defend the COUNTY fi•om all <br />direct and indirect, present and future claims or causes of action, which in any way result from the activities of <br />the ORGANIZATION in completion of the tasks stated herein or may result from the decisions, <br />recommendations, actions, omissions of actions or other errors on the part of ORGANIZATION, its employees <br />or conhactors .and any party from which ORGANIZATION may obtain information or services far the <br />completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any <br />present or future activities undertaken by ORGANIZATION in furtherance of this agreement. <br />Dated this ~ Sk day of ~~n~ .2009. <br />Chairperson, Cass County Board of Commissioners <br />ORGANIZATION authorized representative <br />ORGANIZATION Point of Contact for Mosquito <br />Phone number(s) ~d I o~~ ~ " y y~~ <br />1 Yuivi•:~'7~ \'. aura :m'rat.-.14gidynd Park H.mk t}K•~;YS AiNmihfion (0[tfdJl 'rkT.;.Aoc <br />