25E - AGMT - BROKER SERVICES - Laserfiche WebLink

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apparatus listed above prior to the execution of an Agreement to sell that piece of equipment to a third party. In such case, Broker shall not be entitled to commission for that equipment. City shall notify Broker immediately if such transfer has occurred." REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of Finance and Management Services, or his designated representative, and the representative of the Broker shall be the Principal her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. COMPENSATION a. City agrees to pay, and Broker agrees to accept as total payment for its services, a commission equal to five percent (5%) of the sales price of the apparatus. b. Broker will refer to City all qualified inquires regarding the specified apparatus. When a pricing agreement is reached, Broker will collect the full purchase price and transfer the balance, minus the five percent (5%) commission, to City. The remittance shall be accompanied by a sales receipt containing all terms and conditions of such sale. 4. TERM This Agreement shall commence on the date first written above and the Broker authorization shall terminate on August 31, 2013, unless terminated earlier pursuant to Section 13, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Finance and Broker. 5. INDEPENDENT CONTRACTOR Broker shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Broker performs the services which are the subject matter of this Agreement; however, the services to be provided by Broker shall be provided in a manner consistent with all applicable standards and regulations governing such services. Broker shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Broker shall maintain and shall require its subcontractors, if any, to obtain and maintain Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Broker, if Broker has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Broker agrees to obtain and maintain any employer's liability insurance with limits required by law. 25E-4