FARMER'S FRIDGE (ROMAINE EMPIRE, INC.)

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b. Pending the final resolution of any dispute arising under,related to, or involving this Contract, the Contractor agrees to diligently proceed with the provision of services under this Contract. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the City shall be expressly identified as such,shall be in writing,and shall be signed by the City's Purchasing Agent or his designee. If the City fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions,Nothing in this section shall be construed as affecting either Party's right to terminate the Contract for cause or termination for convenience as stated in section K herein. 25. DRUG-FREE WORKPLACE: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace.The Contractor will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2)to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug-free workplace; iii. Any available counseling,rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company's drug-free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. It ailure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both,and the Contractor may be ineligible for award of any future City contracts if the City determines that any of the following has occurred: a. The Contractor has made false certification,or b. The Contractor violates the certification by failing to carry out the requirements as noted above. 26. EMERGENCY/DECLARED DISASTER REQUIREMENTS: In the event of an emergency or if the City of Santa Ana is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage.The Contractor shall service the City during such an emergency or declared disaster under the same terms and conditions that apply during non emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the City's needs regardless of the circumstances.If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number. ERRORS AND OMISSIONS: All reports, files and other documents prepared and submitted by City of Santa Ana Page 11 of24 MA-017-23011445 Refrigerated Vending Machine,Services File No.2436104 Farmer's Fridge