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Home Owners Organization or Other Private Organization 2004 ADULT MOSQUITO CONTROL AGREEMENT Name of Organization Bakke Subdivision This agreement for contract spraying to control adult mosquitoes is made between Bakke Subdivision whose mailing address is III - 7th Street, Hickson, North Dakota, 58047 hereinailer ORGANIZATION, and the Cass County Conunjssion, whose office is at 211 Ninth Street, Fargo, NorÙ1 Dakota 58\ 08. 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 conunensurate 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 wiIJ provide these services without further request or notification from Ù1e ORGANlZA TION. 2) ORGANIZA nON 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 wi1l endeavor to comply with the ORGANIZATION'S request, but exact timing of each application will be at the discretion of the County. 4) ORGANlZA TION agrees to pay $200,00 per application, 5) COUNTY will bill ORGANIZATION tor services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume al1liability and agrees to indemnifY and defend the ORGANIZATION from all direct and indirect, present and future claims or causes of action, which in any way result from the activities of Ù1e COUNTY in completion of the tasks stated herein or may result fimn the decisions, recol1unendations, 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 tor the completion of the same, This assumption of liability and agreement to hold hannless 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 iÌom all direct and indirect, present and tùlure 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 pm1 trom which ORGANlZA TION may obtain infolmation 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 fi.ll1herance of this agreement. Dated this_day of ,2004. Chairperson, Cass County Board of Commissioners -- ORGANIZA TION autholÌzed representative - Phone number(s) ORGANIZATION Point of Contact for Mosquito Control (please print name) J:'Wced I.<: V«;tof'10001 VOCtOf'.2004 Vo<lor Conlrac"'B.kkc Subdiv~;on 2004 Conrmcl.doc 1