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CONTRACTUAL SERVICES <br />Page 6 of 13 <br />The Consultant hereby certifies, covenants and warrants that wage rates <br />and other factual unit costs provided the City to support the compensation <br />provided in Paragraph 3.A. hereof are accurate, complete and current as <br />of the date of this Agreement. It is further agreed that said Agreement <br />price provided in Paragraph 3.A. hereof shall be adjusted to exclude any <br />significant sums where the City shall determine the Agreement price was <br />increased due to inaccurate, incomplete or non-current wage rates and <br />other factual unit costs. All such Agreement adjustments shall be made <br />within one year following the end of the Agreement. For the purpose of <br />this Agreement, the end of the Agreement shall be deemed to be the date <br />of final billing or acceptance of the work by the City, whichever is later, <br />subject to the provisions of Paragraph 2.A. hereof. <br />K. The City during any fiscal year, shall not expend money, incur any liability, <br />or enter into any contract which, by its terms, involves the expenditure of <br />money in excess of the amounts budgeted as available for expenditure <br />during such fiscal year. Any contract, verbal or written, made in violation <br />of this subsection is null and void, and no money may be paid on such <br />contract. The City shall require a statement from the comptroller of the <br />City that funds are available prior to entering into any such contract or <br />other binding commitment of funds. Nothing herein contained shall <br />prevent the making of contracts for periods exceeding one year, but any <br />contract so made shall be executory only for the value of the services to <br />be rendered or agreed to be paid in succeeding fiscal years. <br />4. INDEMNITY AND INSURANCE: <br />A. The Consultant shall indemnify, defend, and hold harmless the City and <br />all of its officers, agents and employees from any claim, loss, damage, <br />cost, charge or expense arising out of any act, error, omission or negligent <br />act by the Consultant, its agents, employees, or subcontractors during the <br />performance of the Agreement, except that neither the Consultant, its <br />agents, employees nor any of its subconsultants will be liable under this <br />paragraph for any claim, loss, damage, cost, charge or expense arising <br />out of any act, error, omission or negligent act by the City or any of its <br />officers, agents or employees during the performance of the Agreement. <br />When the City receives a notice of claim for damages that may have been <br />caused by the Consultant in the performance of services required by the <br />Consultant under this agreement, the City will immediately forward the <br />claim to the Consultant. The Consultant and the City will evaluate the <br />claim and report their findings to each other within seven working days. <br />The City and the Consultant will jointly discuss options in defending the <br />claim. After reviewing the claim, the City will determine whether to require <br />the participation of the Consultant in the defense of the claim or to require <br />that the Consultant defend the City in such claim as described in this <br />\\Ch-jefferson\util$\Projects\2006 Projects\RFQ 2006-03 Professional Infrastructure Review\Glatting, Jackson, etc. Agreement.doc <br />