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2. COMPENSATION
<br />a. City agrees to pay, and Broker agrees to accept as total payment for its services, a
<br />commission equal to five percent (5%) of the sale price of the respective Equipment, The
<br />total revenue payable to Broker under the term of this Agreement, including any extension,
<br />shall not exceed $25,000.
<br />b. Broker will refer to City all qualified inquiries regarding the Equipment. When a pricing
<br />agreement is reached, Broker will collect the full purchase price and transfer the balance
<br />to the City, minus its 5% commission. The remittance shall be accompanied by a sales
<br />receipt containing all the terms and conditions of such sale.
<br />3. TERM
<br />This Agreement shall commence on January 14, 2016 and terminate on January 13, 2018, unless
<br />terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended
<br />for one (2) two-year period upon a writing executed by the City Manager and the City Attorney.
<br />4. INDEPENDENT CONTRACTOR
<br />Broker shall, during the entire term of this Agreement, be construed to be an independent
<br />Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
<br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Broker performs the services that are the subject
<br />matter of this Agreement; however, the services to be provided by Broker shall be provided in a manner
<br />consistent with all applicable standards and regulations governing such services. Broker shall pay all
<br />salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to
<br />employees and shall be responsible for all applicable withholding taxes,
<br />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Broker shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. If requested by the City, Broker shall maintain
<br />commercial general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be limited
<br />to protection against claims arising from bodily and personal 'injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising
<br />out of Broker's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the
<br />following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate. If requested by the City, such insurance
<br />shall (a) name the City, its oflicers, employees, agents, voh nteers and representatives as
<br />additional insured(s); (b) be primary and not contributory with respect to insurance or self-
<br />insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />b. Worker's Compensation Insurance. Broker, if Broker has any employees, is required to be
<br />insured against liability for worker's compensation or to undertake self-insurance, Prior to
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