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<br />4. INDEPENDENT CONTRACTOR <br /> <br />ACMS 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 <br />construed to create an employer-employee relationship, ajoint venture relationship, or to allow <br />the City to exercise discretion or control over the professional manner in which ACMS performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by ACMS shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. ACMS shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br /> <br />S. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, ACMS shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. ACMS shall maintain commercial general <br />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 ACMS' 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 Five Million Dollars ($5,000,000) per occurrence or with a combined single limit of <br />not less than Ten Million Dollars ($ 1 0,000,000.00). ACMS shall supply City with a fully <br />executed additional insured endorsement in substantially the form attached hereto as Exhibit C <br />upon execution of this 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, ACMS is required to be insured against liability for worker's compensation <br />or to undertake self-insurance. Prior to commencing the performance of the work under this <br />Agreement, ACMS agrees to obtain and maintain any employer's liability insurance with limits <br />not less than $1,000,000 per accident. <br /> <br />d. The following requirements apply to the insurance to be provided by ACMS pursuant <br />to this section: <br /> <br />(i) ACMS shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br /> <br />2 <br />