e. Contract approval - Laserfiche WebLink

COUNTY, through the Cass County Sheriff or designee, prior approval for exceeding that amount before incurring those expenses. 2. Terms of Pavment(s): COUNTY shall pay FARGO the annual lump sum by January 31st of each year. If this Agreement is terminated pursuant to the provisions herein, then FARGO shall repay the COUNTY a pro rata share of the annual lump sum payment that is based upon the effective date of the termination. FARGO shall submit invoices to the COUNTY for expenses listed above in a form prescribed by the COUNTY and within 30 days after the termination of the response. COU NTY shall pay such invoices within 30 days of receiving the invoices unless the amount is disputed. If the amount is disputed, then representatives of the parties shall meet within that 30 day time to attempt to resolve the disputed charges. 4. Team Activation: FARGO shall respond to a technical rescue and hazardous spill incident under the terms of this Agreement when notified to do so by the Dispatch Center, pursuant to the Dispatch Center having received prior approval by the Cass County Sheriff or designee. 5. Indemnity: The COUNTY will indemnify, defend and hold harmless FARGO from and against any and all loss, damage, injury, liability and claims, including claims for injury or death to FARGO employees and damage to FARGO property and all claims however created, resulting directly or indirectly from the performance of this Agreement, except for willful acts or acts of gross negligence. Indemnity and defense provided under this Agreement shall begin at the time the COUNTY dispatches a technical rescue or hazardous spill containment crew from a FARGO fire station until the crew returns to the FARGO fire station. The indemnity and defense obligations created by this Agreement specifically include defense and indemnity from claims resulting from the negligence of FARGO, or FARGO's employees, agents or officers. The indemnity and defense obligations created by this Agreement specifically exclude willful acts or acts of gross negligence. 6. Independent Contractor: FARGO shall perform as an independent contractor under this Agreement. No part of this Agreement shall be construed to create an employer-employee relationship. FARGO, its officers, employees, agents and representatives are not employees of the COUNTY for all purposes including, but not limited to, the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the Federal Unemployment Act, the North Dakota Unemployment Compensation Law and the North Dakota Workers' Compensation Act. FARGO shall be responsible for, among other things, any federal or state taxes applicable to any payments under this Agreement. FARGO shall retain sole and absolute discretion in the judgment of the manner and means of carrying out FARGO's activities and responsibilities under this Agreement. 7. Assignment: FARGO shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the COUNTY, except for any mutual aid agreements that FARGO may have with other political subdivisions. 2