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Consultant shall submit all invoices to City in the manner specified herein. Except as <br />specifically authorized by City, Consultant shall not bill City for duplicate services performed by <br />more than one person. <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under <br />this Agreement is based upon Consultant's estimated costs of providing the services required <br />hereunder, including salaries and benefits of employees and subcontractors of Consultant. <br />Consequently, the parties further agree that compensation hereunder is intended to include the <br />costs of contributions to any pensions and/or annuities to which Consultant and its employees, <br />agents, and subcontractors may be eligible. City therefore has no responsibility for such <br />contributions beyond compensation required under this Agreement. <br />2.1 Invoices. Consultant shall submit invoices, not more often than once a month <br />during the term of this Agreement, based on the cost for services performed and <br />reimbursable costs incurred prior to the invoice date. Invoices shall contain the <br />following information: <br />^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first <br />invoice, etc.; <br />^ The beginning and ending dates of the billing period; <br />^ A Task Summary containing the original contract amount, the amount of <br />prior billings, the total due this period, the balance available under the <br />Agreement, and the percentage of completion; <br />^ The Consultant's signature. <br />2.2 Monthly Payment. City shall make monthly payments, based on invoices <br />received, for services satisfactorily performed, and for authorized costs incurred. <br />City shall have 30 days from the receipt of an invoice that complies with all of the <br />requirements above to pay Consultant. <br />2.3 FYnal Payment. City shall pay the last 10% of the total sum due pursuant to this <br />Agreement within sixty (60) days after successful installation and document <br />conversion, as defined in Exhibit A, and submittal to City of a final invoice, if all <br />services required have been satisfactorily performed. <br />2.4 Total Payment. City shall pay for the services to be rendered by Consultant <br />pursuant to this Agreement. City shall not pay any additional sum for any <br />expense or cost whatsoever incurred by Consultant in rendering services pursuant <br />to this Agreement. City shall make no payment for any extra, further, or <br />additional service pursuant to this Agreement. <br />In no event shall Consultant submit any invoice for an amount in excess of the <br />maximum amount of compensation provided above either for a task or fox the <br />entire Agreement, unless the Agreement is modified prior to the submission of <br />such an invoice by a properly executed change order or amendment. <br />Consulting Services Agreement between May 3, 2004 <br />City of San Leandro and ECS Imaging, Inc. Page 2 of l9 <br />