i. Contract approval - Laserfiche WebLink

ARTICLE 5 Fees and Billings 5.1 Basic Services The Company agrees to provide the Basic Services to Fargo/Cass/West Fargo for consideration of being the prime contractor to Fargo/Cass/West Fargo for emergency response and preparedness services related to the transportation of hazardous material. 5.2 Emergency Response Services Fee Fargo/Cass/W est Fargo agrees to pay to the Company upon invoicing, over and above the fees for the Basic Planning Services, for any Emergency Response Services requested by Fargo/Cass/West Fargo, at the rates for personnel, equipment, materials and transportation, set forth in Section "A". The parties agree that Schedule "A" may be modified from time to time by written agreement of the parties, In the event the Company has to utilize third party contractors or equipment or materials provided by a third party in the provision of the Emergency Response Services, the Company shall be entitled to invoice Fargo/Cass/West Fargo on a cost plus 15% basis. The Company covenants to utilize its own personnel, equipment, materials and transportation and only utilize third parties if necessary or when it is reasonably unable to use its own personnel, equipment, materials and transportation. Fargo/Cass/West Fargo agrees to pay a monthly planning Fee of$350.00. In addition, when responding to an initial site assessment a Fee of$400.00 will be charged. Any additional services based on the initial site assessment will be billed according to Schedule "A". ARTICLE 6 Term 6.1 Initial Term The term of this Agreement shall be from 12:01 a.m. on May 1, 2007 to 11:59 p.m. Central Time on April 30, 2008. 6.2 Renewal Terms This Agreement shall be automatically renewed for further successive one year terms unless written notice ofterminations provided at least 90 days prior to the expiration of the then present term. 6.3 Termination Either party at any time has the right to terminate this Agreement with a 90 day written notice to the other party. In addition to any other termination right set forth in this Agreement, Fargo/Cass/West Fargo may terminate this Agreement without advance notice in the event the Company: (a) materially breaches any provisions of this Agreement, which is not waived in writing by Fargo/Cass/W est Fargo; -9- C:\Documents and Setlings\worden\Local Setlings\Temporary Internet Files\OLK658\Ernergency Response Services Agreement.doc