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<br />City of Santa Ana <br />04-CALHOME-087 <br />Page 3 of 6 <br /> <br />EXHIBIT D <br /> <br />12. Severability <br /> <br />In the event that any provIsion of this Agreement is unenforceable or held to be <br />unenforceable, then the parties agree that all other provisions of this Agreement have <br />force and effect and shall not be affected thereby. <br /> <br />13. Union Activities <br /> <br />By signing this agreement Contractor hereby acknowledges the applicability of <br />Government Code Section 16645 through Section 16649 to this agreement and agrees <br />to the following: <br /> <br />A. Contractor will not assist, promote or deter union organizing by employees <br />performing work on a state service contract, including a public works contract. <br /> <br />B. No state funds received under this agreement will be used to assist, promote or <br />deter union organizing. <br /> <br />C. Contractor will not, for any business conducted under this agreement, use any <br />state property to hold meetings with employees or supervisors, if the purpose of <br />such meetings is to assist, promote or deter union organizing, unless the state <br />property is equally available to the general public for holding meetings. <br /> <br />D. If Contractor incurs costs, or makes expenditures to assisl,t promote or deter <br />union organizing, Contractor will maintain records sufficient to show that no <br />reimbursement from state funds has been sought for these costs, and that <br />Contractor shall provide those records to the Attorney General upon request. <br /> <br />14, Druq-Free Workplace Requirements <br /> <br />Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1990 <br />(Government Code Section 8350 et seq,) and shall provide a drug-free workplace by <br />taking the following actions: <br /> <br />A. Publish a statement notifying employees that unlawful manufacture, distribution, <br />dispensation, possession, or use of a controlled substance is prohibited and <br />specifying actions to be taken against employees for violations. <br /> <br />B. Establish a Drug-Free Awareness Program to inform employees about: (1) the <br />dangers of drug abuse in the workplace; (2) the Contractor's policy of maintaining <br />a drug-free workplace; (3) any available counseling, rehabilitation and employee <br />assistance programs; and (4) penalties that may be imposed upon employees for <br />drug abuse violations. <br /> <br />C. Every employee who works on the proposed contract will: (1) receive a copy of <br />the Contractor's drug-free workpiace policy statement; and (2) agree to abide by <br />the terms of the Contractor's statement as a condition of employment under this <br />agreement. <br />