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<br />2. COMPENSATION <br /> <br />a. Unless otherwise indicated on a work order, all work performed hereunder shall <br />be priced on a time and material basis in accordance with the AMX Time and Material <br />Rate Schedule ("Rate Schedule") applicable to the Work Order AMX's current Rate <br />Schedule is attached hereto as Exhibit A and incorporated herein. AMX may from time to <br />time amend its Rate Schedule; provided, however, no amended Rate Schedule shall be <br />effective with respect to work performed under any work order accepted by AMX prior to <br />AMX's notification to Customer or Customer's review of such amended Rate Schedule or <br />Work Ticket. <br /> <br />b. City agrees to pay, and AMX agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $25,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />expenditure of allocated funds, unless terminated earlier in accordance with Section 12, <br />below. The term of this Agreement may be extended upon a writing executed by the Fire <br />Chief and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />AMX shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which AMX performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by AMX shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. AMX <br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, AMX shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br /> <br />