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CONTRACTURAL SERVICES Page 7 of 14 during such fiscal year as approved by the District Governing Board. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The City shall require a statement from the comptroller of the City that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid in succeeding fiscal years. L. It is understood and agreed to by Consultant that all payments by the City are subject to District approval of Consultant's invoices and the subsequent funding to the City from the District of the funds necessary to make payment to Consultant. City shall make payment to Consultant within ten (10) working days of receipt of funds from the District, for approved invoices. Payment of the Consultants' final invoice shall be in accordance with the terms and conditions of Attachment "A". 4. INDEMNITY AND INSURANCE: A. The Consultant shall indemnify, defend, and hold harmless the City and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Consultant, its agents, employees, or subcontractors during the performance of the Agreement, except that neither the Consultant, its agents, employees nor any of its subconsultants will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the City or any of its officers, agents or employees during the performance of the Agreement. When the City receives a notice of claim for damages that may have been caused by the Consultant in the performance of services required by the Consultant under this agreement, the City will immediately forward the claim to the Consultant. The Consultant and the City will evaluate the claim and report their findings to each other within seven working days. The City and the Consultant will jointly discuss options in defending the claim. After reviewing the claim, the City will determine whether to require the participation of the Consultant in the defense of the claim or to require that the Consultant defend the City in such claim as described in this section. The City's failure to notify the Consultant of a claim within seven days shall not release the Consultant from any of the requirements of this section upon subsequent notification by the City to the Consultant of the claim. The City and the Consultant will pay their own cost for the evaluation, settlement negotiations and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint \\ch·jefferson\utîl$\2005\Geratd\Seminole Co. WSP\Consultant Agreement.doc