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