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discretion for an additional two-year term. Any extensions thereafter shall be at the <br />discretion of the City Council. <br />4. INDEPENDENT CONTRACTOR/EXCLUSIVITY <br />Consultant 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 Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />The 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 <br />other City staff or official only if approved by the Staff Contact. Consultant and Staff <br />Contact shall cooperate in selecting viable sites to be marketed to wireless providers. <br />Final approval of each site and the terms of each lease are subject to recommendation by <br />the Staff Contact and approval by the City Council. This agreement shall not be <br />construed to impose upon the City, Staff Contact and/or City Council any obligation <br />other than to consider recommended sites for leasing in good faith, and the City Council <br />reserves its absolute discretion to approve, disapprove or modify the terms of any lease <br />agreement. The failure of the City Council to approve any recommended wireless site <br />lease shall not be a basis for breach of the City's obligations hereunder or entitle <br />Consultant to damages therefor. <br />City agrees it shall not negotiate or enter into any leases with wireless providers on <br />City-owned land other than through Consultant at any time during the term of this <br />Agreement. Any leases entered into in violation of this provision shall be deemed New <br />Leases and subject to payment of the Consultant Lease Fees. <br />5. INSURANCE <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 />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insureds) and shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, including <br />death resulting therefrom and damage to property, resulting from any act or occurrence <br />25A-6 <br />