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