4a. Board of prisoners contracts

in the JAIL. Necessary medical treatment shall include emergency care and life threatening situations or such treatment or medications as may be required in order to maintain the health or well being of the prisoner while incarcerated, including but not limited to, emergency room care, hospitalization, prescriptions, surgery, or ambulance service. Necessary medical treatment shall not include elective medical or dental care which would normally be provided by the prisoner, which shall not be provided in any case. CASS shall notify TRAILL as soon as possible after the emergency requiring the removal of the prisoner from the JAIL and to obtain prior approval for removal for all other medical services required. TRAILL is responsible for transportation to and from the detention facility for medical purposes. Should TRAILL request and CASS has staff available, TRAILL agrees to reimburse CASS for transportation to and from the detention facility for medical purposes. The reimbursement amount shall be the actual cost incurred, such as emergency ambulance care costs, or if a Cass County vehicle is utilized, then the reimbursement amount shall be at the applicable federal mileage rate at that time. In addition, TRAILL shall reimburse CASS at the rate of Forty Dollars ($40.00) per man hour, with a three hour minimum, for each correctional officer or sworn law enforcement officer provided by CASS when supervising the inmate outside the detention facility. 6. Applicable Law: This agreement is made pursuant to 12-44.1-02 and shall be governed by and construed in accordance with the provisions of the North Dakota Century Code and all rules and regulations promulgated pursuant thereto governing the care and custody of persons detained hereunder. Venue for all legal proceedings arising out of this agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Cass County, North Dakota. 7. Indemnity: TRAILL undertakes and does hereby undertake to indemnify CASS from any and all liability, loss or damage CASS may suffer as a result of claims, damages, demands, costs, or judgments against it arising out of the detention by CASS of any prisoners ofTRAILL. Excluded shall be any willful and unlawful acts or omissions of CASS, its officers, agents, or employees. TRAILL agrees to defend any claims brought or actions filed against CASS with respect to the subject of this agreement, whether such claims or actions are rightfully or wrongfully brought or filed, and to assume all reasonable costs of litigation. TRAILL acknowledges that only by TRAILL assuming full responsibility for the prisoners housed by CASS can such detention and housing be at the rate hereinbefore specified. If CASS was to assume additional liability, Page 2 of 3