Resolutions-2016-054

If to DAS/SAE: Calvin McKelvogue, Chief Operating Officer Department of Administrative Services – State Accounting Enterprise 1305 East Walnut Hoover State Office Building, Level 3 Des Moines, IA 50319 If to Public Agency: City of Tiffin, City Clerk Authorized Representative 300 Railroad St, PO Box 259 Mailing Address Tiffin, Iowa 52340 City, State, Zip Code If a party changes its designated person and/or address hereunder, such change shall be in writing as provided herein. 8.9 Severability. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this MOU. 8.10 Non-Appropriation. In the event a non-appropriation, de-appropriation, or other legislative or gubernatorial action significantly impairs DAS/SAE’s budget or ability to perform the terms of this agreement, DAS/SAE may immediately terminate this Agreement. 8.11 Indemnification. The following indemnification provisions shall apply to Public Agencies that are not agencies of the State of Iowa subject to Iowa Code chapter 669 and Iowa Code section 679A.19. 8.11.1 Public Agency agrees to defend, indemnify and hold DAS/SAE and the State of Iowa, its officers, employees and agents, harmless from any and all liabilities, damages, losses, demands, causes of action, claims, settlements, judgments, costs, expenses, and attorney fees, including a reasonable cost attributed to the services of the Attorney General, related to or arising from any violation of this Agreement, any negligent or intentional act or omission of Public Agency, it officers, employees, or agents, and any failure of Public Agency, it officers, employees, or agents to comply with all applicable local, state, and federal laws, rules, and regulations. 8.11.2 Consistent with Article VII, Section I of the Iowa Constitution, Iowa Code chapter 669, and other applicable law, DAS/SAE agrees to defend and indemnify Public