EMPLOYMENT DEVELOPMENT DEPARTMENT (3)

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EDD Contract No. M94363-7100 EDD/City of Santa Ana Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS (Standard Agreement) 1. Settlement of Disputes Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time (ten days) by the City of Santa Ana and the EDD employees normally responsible for the administration of this Contract shall be brought to the attention of the Director (or designated representative) of each organization for joint resolution. 2. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of God such as earthquakes, floods and other natural disasters such that performance is impossible. 3. Workforce Innovation and Opportunity Act The City of Santa Ana agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 C.F.R. parts 37 and 38. 4. Termination The EDD or the City of Santa Ana may terminate this Agreement upon submitting written notification, which has been received and acknowledged by the other party at least 30 days in advance. The Agreement may be terminated at any time by mutual consent of the EDD and the City of Santa Ana. 5. Americans with Disabilities Act The City of Santa Ana assures the EDD complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101, et seq.) 6. Executive Order N-6-22 — Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this Agreement. The State shall provide the Contractor advance written notice of such termination, allowing the Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.