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Homeowner's Organization or Uther Private Organization 2009 ADULT MOSQUITO CONTROL AGREEMENT Brooktree Park This agreement for contract spraying to control adult mosquitoes is made between Brooktree Park whose mailing address is124 Brooktree Park, Harwood, ND 58042 hereinafter ORGANIZATION, and the Cass County Commission, whose office is at 21 ]Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo, ND 58108 hereinafter COUNTY. 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 ORGANIZATION commensurate with the COUNTY resources available. 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 $160.00 per application for truck mounted spraying and residual spraying of vegetation. ORGANIZATION agrees to pay $40.00 per application for truck mounted spraying only. 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 GRGANIZATION from all 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 party 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 the part of ORGANIZATION, its employees or contractors and any party from which ORGANIZATION may obtain information or services for the compietion 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. Dated this ~ day of J~9/~-~ , 2009 Chairperson, Cass County Board of Commissioners ORGANIZATION authorized representative~~ ~ ~('i -.~ ~~---~--~~--~~~1" ORGANIZATION Point of Contact fo~r-gMosquito Control (pleaseg~print name) ~~x ~~~ ~~^ Phone number(s) ~ V ~ ~ ~ ~ ~ " ~ (j ~~