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<br />'-" <br /> <br />-...I <br /> <br />Contract 12a0594 <br />Sheet 5 of7 <br /> <br />B. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the <br />Contractor from full and timely performance in accordance with the terms of the contract. <br /> <br />Article XIII - Funding Requirements <br /> <br />A. It is mutually understood between the parties that this contract may have been written before <br />ascertaining the availability of congressional or legislative appropriation of funds, for the mutual <br />benefit of both parties in oreer to avoid program and .fiscal delays that would occur if the contract <br />were executed after that determination was made. ' <br /> <br />B. This contract is valid and enforceable only if sufficient funds are made available to the State by the <br />United States Govemment or the Califomia State Legislature for the purpose of this program. In <br />addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute <br />enacted by the Congress or the State Legislature that may affect theprovisions, terms or funding <br />of this contract in any manner. <br /> <br />C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient <br />funds for the program, this contract shall be amended to reflect any reduction in funds. <br /> <br />D. The State has the option to void the contract under the 3Q.day termination clause or to amend the <br />contract to reflect any reduction of funds. <br /> <br />Article XIV - Drug Free Workplace Certification <br /> <br />By signing this contract, the City hereby certifies under penalty of pe~ury under the laws of the State of <br />California that the contractor will comply with the requirements of the DrugFree Workplace Act of 1990 <br />(Government Code Section 8350 et seq.) and will provide a drug-free workplace by doing all of the <br />following: <br /> <br />A. Publish a statement notifying employees that unlawful manufaCIDre, distribution, dispensation, <br />possession, or use of a controlled substance is prohibited and specifying actions to be taken <br />against employees for violations, as required by Government Code Section 8355(a). <br /> <br />B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to <br />inform employees about all of the following: <br /> <br />1. the dangers of drug abuse in the workplace, <br /> <br />2. the person's or organization's policy of maintaining a drug-free workplace, <br /> <br />3. any available counseling, rehabilitation and employee assistance programs, and <br />