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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this <br />Agreement within 60 days after completion of the services and submittal to City of a final <br />invoice, if all services required have been satisfactorily performed. <br />2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to <br />this Agreement. City shall not pay any additional sum for any expense or cost whatsoever <br />incurred by Consultant in rendering services pursuant to this Agreement. City shall make <br />no payment for any extra, further, or additional service pursuant to this Agreement. <br />In no event shall Consultant submit any invoice for an amount in excess of the maximum <br />amount of compensation provided above either for a task or for the entire Agreement, <br />unless the Agreement is modified prior to the submission of such an invoice by a properly <br />executed change order or amendment. <br />2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed <br />the amounts shown on the compensation schedule attached hereto as Exhibit B. <br />2.6 Reimbursable Expenses. Not applicable. <br />2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes <br />incurred under this Agreement and any similar federal or state taxes. <br />2.8 Payment upon Termination. In the event that the City or Consultant terminates this <br />Agreement pursuant to Section 8, the City shall compensate the Consultant for all <br />outstanding costs and reimbursable expenses incurred for work satisfactorily completed as <br />of the date of written notice of termination. Consultant shall maintain adequate logs and <br />timesheets to verify costs incurred to that date. <br />2.9 Authorization to Perform Services. The Consultant is not authorized to perform any <br />services or incur any costs whatsoever under the terms of this Agreement until receipt of <br />authorization from the Contract Administrator. <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. <br />Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, <br />Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and <br />amounts of insurance listed below against claims for injuries to persons or damages to property that may <br />arise from or in connection with the performance of the work hereunder by the Consultant and its agents, <br />representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall <br />provide proof satisfactory to City of such insurance that meets the requirements of this section and under <br />forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to <br />the City. Consultant shall maintain the insurance policies required by this section throughout the term of <br />Consulting Services Agreement between January 1, 2008 <br />City of San Leandro and MV Transportation, Inc. Page 3 of 14 <br />989837-1 <br />