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4.3.5 Reservation of Rights. The City reserves the right, from time to time, to review the Artist’s insurance coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City will reimburse the Artist for the cost of the additional premium for any coverage requested by the City in excess of that required by this Agreement without overhead, profit, or any other markup.

4.3.6 Additional Insurance. The Artist may obtain additional insurance not required by this Agreement.

4.3.7 Excess Insurance. All policies providing excess coverage to the City shall follow the form of the primary policy or policies including but not limited to all endorsements.

4.4

Drug-Free Workplace. The Artist agrees to comply with the City's Drug-Free

Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-

277952 and incorporated into this Agreement by this reference (Exhibit E).

4.5

ADA Certification. The Artist hereby certifies that the Artist agrees to comply with

the City's Americans With Disabilities Act Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference.

4.6

Compliance with the City's Equal Opportunity Contracting Program. The Artist

shall comply with the City's Equal Opportunity Contracting Program Consultant Requirements. The

Artist shall not discriminate against any employee or applicant for employment on any basis prohibited by law. The Artist shall provide equal opportunity in all employment practices. The Artist shall ensure that its sub-consultants comply with the City's Equal Opportunity Contracting Program Consultant Requirements. Nothing in this section shall be interpreted to hold the Artist liable for any discriminatory practice of its sub-consultants. The Artist’s hiring or retaining of any sub-consultant to

perform services is subject to prior written approval by the City. Should the Artist retain sub- consultants with the City’s written approval, the Artist shall comply with all Equal Opportunity Contracting requirements. For applicable rules and forms see http://www.sandiego.gov/eoc/index.shtml.

4.6.1 Non-Discrimination Ordinance. The Artist shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of sub-consultants, vendors or suppliers. The Artist shall provide equal opportunity for sub-consultants to participate in sub-consulting opportunities. The Artist understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, and other sanctions. This language shall be in contracts between the Artist and any Sub-consultants, vendors and suppliers.

4.6.2 Compliance Investigations. Upon the City's request, the Artist agrees to provide to the City, within 60 calendar days, a truthful and complete list of the names of all sub-consultants, vendors, and suppliers that the Artist has used in the past five years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by the Artist for each subcontract or supply contract. The Artist further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Nondiscrimination in Contracting Ordinance [San Diego Municipal Code

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 16 of 38

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