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<br />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 /> <br />The City's City Manager shall designate a Staff Contact who shall be responsible for all <br />coordination/supervision of Consultant. Consultant and Consultant's employees, and sub <br />consultants and subcontractors shall communicate solely with the Staff Contact and any other City <br />staff or official only if approved by the Staff Contact. Consultant and Staff Contact shall cooperate <br />in selecting viable sites to be marketed to wireless providers. Final approval of each site and the <br />terms of each lease are subject to recommendation by the Staff Contact and approval by the City <br />Council. This agreement shall not be construed to impose upon the City, Staff Contact and/or <br />City Council any obligation other than to consider recommended sites for leasing in good faith, <br />and the City Council reserves its absolute discretion to approve, disapprove or modify the terms <br />of any lease agreement. The failure of the City Council to approve any recommended wireless <br />site lease shall not be a basis for breach of the City's obligations hereunder or entitle Consultant <br />to damages therefor. <br /> <br />City agrees it shall not negotiate or enter into any leases with wireless providers on City- <br />owned land other than through Consultant at any time during the initial term of this Agreement or <br />any extensions thereof. Any leases entered into in violation of this provision shall be deemed New <br />Leases and subject to payment ofthe Consultant Lease Fees. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br />execution ofthis Agreement and shall be approved in form by the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br /> <br />4 <br />