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HomeMy WebLinkAbout05987 - RICHARD WYATT CONSERVATION AND REPAIR SVCS OF PUBLIC ART Kathie Hart From: Jennifer Henning Sent: Wednesday, October 29, 2014 9:28 AM To: Kathie Hart Cc: Jay Thompson;John Raymond Subject: RE:A5987-R Wyatt Li� Good morning, The work has been completed and the agreement file may be closed. All the best, cre"Oe 11000 Public Arts&Special Projects Coordinator Community&Economic Development City of Palm Springs Tel:760.778.8408 Fax:760.322.8325 www.palmsprings-ca.gov City Hall is open 8:00am -6:00pm Monday-Thursday and closed every Friday. Please note effective July 7, 2014 due to a lack of funding Public Arts hours are Wednesday and Thursday 7:00am— 6:00pm. From: Kathie Hart Sent: Sunday, October 26, 2014 1:36 PM To: Jennifer Henning Cc: Jay Thompson; John Raymond Subject: A5987 - R Wyatt This agreement was signed in 2010 for Conservation and Repair Work of Art at James O Jessie Desert Highland Ctr. Has the work been completed? May I close this agreement file? Please advise. Thanks. Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs AT(760)323-8206 3200 E rahquitz Canyon Way A(760)322-8332 Palm Springs, CA 92262 "Kathie.Hart@PalmSpringsCA.aov Please note that City Hall is open 8 a.m. to 6 pm,. Monday through Thursday,and closed on Fridays at this time. = t CONSULTING SERVICES AGREEMENT (Richard Wyatt for conservation and repair services of Public Art) THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this \' k day of June, 2010, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Richard Wyatt ("Artist"). RECITALS A. City requires the services of a professional artist for arts conservation services for the Desert Highland Mural Project at James O. Jesse Desert Highland Unity Center which belongs to the City's Public Art collection ("Project"). B. Artist has submitted to City a proposal to provide conservation services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Artist is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Artist for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Artist and Artist agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Artist shall provide conservation and repair services of the Desert Highland Mural, a public artwork of the City's collection as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Artist warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Artist in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Artist shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Artist warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Artist is an essential condition of this Agreement. Artist shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Artist shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Artist. Delays shall not entitle Artist to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Artist shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit 'A" which total amount shall not exceed EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500). 3.2 Method of Payment. In any month in which Artist wishes to receive payment, Artist shall no later than the first working day of such month, submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Artist for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Artist's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Artist's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Artist, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Artist shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of sixty (60) days from the execution date of the agreement, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Artist is hereby designated as being the principal and representative Artist authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Richard Wyatt, Artist. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Artist and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Artist without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Artist's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Artist shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Artist, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Artist shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Artist, its agents or employees, perform the services required herein, except as otherwise set forth herein. Artist shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Artist's work product, result, and advice. Artist shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Artist agrees to assign the following individuals to perform the services set forth herein. Artist shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Artist by providing written notice to Artist. Name: Title: Richard Wyatt Artist 6. INSURANCE Artist shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Artist shall defend (at Artist's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Artist's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Artist, its officers, employees, representatives, and agents, which Claims arise out of or are related to Artist's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Artist's indemnification obligation or other liability hereunder. 8. RECORDS AND REPORTS 8.1 Reports. Artist shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Artist shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Artist in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Artist shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Artist may retain copies of such documents for its own use. Artist shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Artist in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Artist shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Artist covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Artist. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Artist, except that where termination is due to the fault of Artist and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Artist shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Artist shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Artist may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Artist, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Artist or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Artist covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: Jennifer Henning, Public Arts Coordinator 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Artist: Richard Wyatt 5649 West Jefferson Boulevard Los Angeles, CA 90016 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first set forth above. '`CITY" City of Palm Springs Gate: b0 \1 A0 By: / David H. Ready, , h.D. City Manager ATTEST: APPROVED By CITY MANAGER d City Clerk Zo►� i'elegy w 4's City Attorney "ARTIST" Richard Wyatt Date: By : Richard Wyatt �o Not To Fyr,eed �bo• Withou,'. 4 h,-1 > f, , Wr1tten Authorization Of The City Manager. 71AI2�.t IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready, Esq., Ph.D. City Manager "ARTIST" Richard Wyatt Date: A)Al U 1 Z010 By : _ �//)/ Riche Wyatt EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance EXHIBIT "A" (PROPOSAL) (Scope of Services) The Artist proposal and specifications for the conservation, repair and maintenance of artwork of the City of Palm Springs Public Art Collection is as follows: General Description: Artist shall repair, clean, refurbish and repaint all damaged areas of the Desert Highland Mural Project at the James O. Jesses Desert Highland Unity Center. Costs: The $18,500 cost includes all materials and equipment necessary to restore all damaged areas of the Desert Highland Mural at the James O. Jesses Desert Highland Unity Center. Timeline: The conservation work will be completed within sixty (60) days after the execution of this Agreement by all parties. April 27, 2010 Revised Budd RICHARD WYATT 5644 Aladdin Street Los Angeles, CA 90008 (323) 934-7337 PHONE rawjr68@gmail.com BUDGET: Desert Highland Mural Project/ Mural Repair and Application of Protective Coating 1. Personnel Costs A. Salaries & Wages Richard Wyatt, Artist, 100% time.............................. 18000 Artist assistants (0), 100%time @ 0 ................................. 0 B. Consultant and Contractual-Services Art conservator.......................................................... 0 Total Personnel Costs..................... 18000 II. Non-Personnel Costs A. Travel..................................................................... 0 B. Space Costs Studiorental.............................................................. 0 Lodging................................................................1950 C. Rental Equipment Scaffolding rental..... ................................................. 0 D. Expense Items Stucco Primer(3 gallons 42.50 per gallon.........................127.50 Paint..................................................................... 592.71 Brushes..................................................................100 Respirator......... ....................................................... 0 Respirator Replacement kit......... ................................... 0 Wall cleaning and scraping............................................. ..0 Mural protective coating ...............................................139 Drop cloths (2 @ 15.72)............................................. ....31.44 Drawing materials for design transfer................................ .100 Misc. Supplies.............................................................200 Total Non-Personnel Costs........... 3240.65 -2740.65 ( Artist Discount) 500.00 TOTAL COSTS PROJECT ...........$18,500 EXHIBIT "A" (SCHEDULE OF PERFORMANCE) The Artist shall begin to repair, clean, refurbish and repaint all damaged areas of the Desert Highland Mural after the full execution of this Agreement. The conservation will be completed within sixty (60) days after the execution of this Agreement. Artist shall furnish to the City, before the execution of this Agreement, a schedule for completion of the mural and estimated date of completion. Artist shall furnish to City staff, one (1) time every week after the start of the project, a progress report until the completion of the project. May 28, 2010 RICHARD WYATT 5644 Aladdin Street Los Angeles, California 90008 (323) 934-7337 PHONE rawjr68@gmail.com JENNIFER HENNING ARTS AND SPECIAL PROJECTS COORDINATOR City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 (760) 778-8408 PHONE (760) 322-8325 FAX RE: Desert Highland Mural Repair Project/ Completion Time and Schedule Dear Jennifer, Per your request, I am enclosing the following: Project Completion Time: The mural repair will take 2 weeks from start to finish. So, if 1 start on Thursday, June 3' , my estimated day of completion would be Thursday, June 171". Schedule/Days of the week and hours worked: I will be working Monday thru Friday ( and some Saturdays ) between the hours of 10:00 AM to 6:00 PM. Sincerely, Richard Wyatt EXHIBIT "A" (FEE SCHEDULE) Payment for the conservation of the Desert Highland Mural of the Public Art Collection of the City of Palm Springs shall be as follows: First payment in the amount of $9,250 shall be payable upon execution of this Agreement; Second payment in the amount of $9,250 shall be payable within 30 days after the complete cleaning, refurbishing and re-painting of the mural. EXHIBIT "B" (SPECIAL REQUIREMENTS) Waiver of Certain Insurance Requirements as specified under Exhibit B, Section A.4 Minimum Scope of Insurance. 1. Artist has no employees. Therefore, Workers Compensation Insurance is not required for this Agreement. 2. Artist shall procure and maintain, at its sole cost and expense, and submit within thirty (30) days upon execution of this agreement and prior to the start of conservation work, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Artist's performance under this Agreement. 3. A Performance Bond is not required for this Agreement. EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Insurance Artist shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Artist's performance under this Agreement. Artist shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Artist's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate [THIS IS OPTIONAL. WITH USE OF SHORT-FORD CSAj; and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Artist has no employees, Artist shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Artist's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Artist's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. If Artist provides claims made professional liability insurance, Artist shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Artist's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Artist's services under this Agreement. Artist shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. [THIS SECTION TO BE INCLUDED ONLY IF ERRORS & O1ISSIONS INSURANCE IS REOURIED] C. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. D. Verification of Coverage. Artist shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Artist's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. "or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. if or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Artist's obligation to provide them. E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Artist shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Artist guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.