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sections 22.3501-22.3517.] The Artist understands and agrees that violation of this clause shall be considered a material breach of the Agreement and may result in remedies being ordered against the Artist up to and including contract termination, debarment, and other sanctions for violation of the provisions of the Nondiscrimination in Contracting Ordinance. The Artist further understands and agrees that the procedures, remedies and sanctions provided for in the Nondiscrimination Ordinance apply only to violations of said Nondiscrimination Ordinance.


Conflict of Interest. The Artist is subject to all federal, state and local conflict of

interest laws, regulations, and policies applicable to public contracts and procurement practices,

including but not limited to California Government Code sections 1090, et seq. and 81000, et seq., and the City of San Diego Ethics Ordinance, codified in the San Diego Municipal Code at sections 27.3501

to 27.3595.


Contractor/Vendor Registration Form. All prospective Artists and sub-consultants,

as well as existing Artists and sub-consultants, are required to complete and submit the online Contractor/Vendor Registration form. Registration will be a prerequisite for the following: submission of future Artist agreements or sub-consultant agreements for City projects; acceptance of all future Artist bills and invoices submitted to the City; and award of all future contracts issued by the City. The Artist can register at http://www.sandiego.gov/purchasing/vendor/index.shtml. Contractor/Vendor Registration shall remain valid for two years from the date the registration form is originally submitted.


Business Tax License.

Any Artist doing business with the City is required to comply

with Section 31.0301 of the San Diego Municipal Code regarding business tax. For more information, visit the City’s website at http://www.sandiego.gov/treasurer/ or call (619) 615-1500. The City requires

the Artist to provide a copy of the Artist’s business tax license, or a copy of the business tax license application receipt. Failure to provide the required documents with this Agreement may result in the Artist being declared non-responsive and rejected.


Submittals. Failure to provide the required submittals listed below with the Agreement

shall delay completion of the Agreement, and therefore, commencement of the Scope of Services and payments to Artist. Complete insurance certificates with all endorsements per Section 4.3.4; Completed Drug Free Workplace form (Exhibit E); Completed Vendor Registration form per Section 4.8; Business Tax License per Section 4.9; and Taxpayer Identification Number (W-9) as specified in City of San Diego General Provisions, Section C, Paragraph 15, if not currently on file. http://www.irs.gov/pub/irs- pdf/fw9.pdf



Indemnification and Hold Harmless Agreement.

With respect to any liability,

including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Artist, or Artist's employees, agents, and officers, arising out of any services performed under this Agreement, the Artist

agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, and employees

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 17 of 38

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