WS - C - Law Enforcement Assessment - Final Exhibits

14. To the extent allowed by the Constitution and laws of the State of Iowa, the Parties shall indemnify, defend, and hold each other harmless from and against all claims, liabilities, demands, loss, cost and expense related to personal injury, death, or damage to persons or property arising out of or connected with and attributable to an act, error, omission or negligence in the performance of any terms, obligations or duties imposed by this Agreement or required by law by the indemnifying Party or that Party’s officers or employees. Nothing in this paragraph or Agreement shall constitute a waiver of any statutory or common law defenses or immunities available to either party under Iowa law, including defenses and immunities specified under current Iowa Code Chapter 670. 15. The County shall be responsible for the payment of salary wages and/or any other compensation or benefits to any County employee providing services under this Agreement unless otherwise expressly agreed upon by the parties. Except as otherwise specified in this Agreement, the City shall not be liable for compensation to any County employee for workers’ compensation claim for injury or sickness occurring while the employee undertakes duties and fulfillment of this Agreement. 16. The City and Polk County Sheriff’s Office each designate contract administrators. The City designates the City Administrator and the Polk County Sheriff designates the Chief Deputy of the Patrol Division. This relationship will have the following requirements: a. Contract administrators shall be available by mobile phone on a 24 hour basis. Each contract administrator shall have the responsibility of providing the other contract administrator with the name and mobile phone number of a designated back up during times of their unavailability. b. The contract administrators shall establish a mutually agreed upon set meeting schedule to review any issues or concerns with the execution of services provided under the contract. Written notifications, requests for service, questions and proposed contract changes by the parties shall be made orally or in writing through and to the contract administrators. c. The Polk County Sheriff’s contract administrator will promptly notify the City contract administrator of the existence of any death or major criminal investigation, occurrence or arrest occurring in the City. The contract administrators will agree on the timing and limited scope of these notifications so as not to jeopardize the work of the Sheriff’s office. 17. No real or personal property will be jointly acquired by the parties pursuant to the Agreement. 18. Adjustments may be made to the annual contract sum, if mutually agreed upon in writing by the parties, due to: a. Changes to the scope of services provided, the addition of operations and planning support, and/or changes to the City’s public safety needs; b. Changes to the amount of hours of service provided; c. Salary and benefits adjustments; d. Action taken by the United States or State of Iowa which increases the cost of wages, insurance, or other benefits for employees; e. Polk County providing a School Resource Officer to the Dallas Center-Grimes Community School District. 19. Each party shall allow access to all records, documents, and papers necessary for the financial auditing of the parties’ transactions. Appropriate records, documents, and papers necessary to conduct a financial audit shall be maintained a minimum of three (3) years.