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PARTICIPATING ADDENDUM NO. 24223: SECURITY AND FIRE PROTECTION SERVICES Page 5 <br />(Rev. 2022-09-06) <br />collective bargaining or other agreement. <br />(b) OBLIGATION TO COOPERATE. Contractor, including any subcontractor, <br />shall cooperate and comply with any Washington state agency <br />investigation regarding any allegation that Contractor, including any <br />subcontractor, has engaged in discrimination prohibited by this <br />Participating Addendum pursuant to RCW 49.60.530(3). <br />(c) DEFAULT. Notwithstanding any provision to the contrary, Enterprise <br />Services may suspend Contractor, including any subcontractor, upon <br />notice of a failure to participate and cooperate with any state agency <br />investigation into alleged discrimination prohibited by this <br />Participating Addendum, pursuant to RCW 49.60.530(3). Any such <br />suspension will remain in place until Enterprise Services receives <br />notification that Contractor, including any subcontractor, is <br />cooperating with the investigating state agency. In the event <br />Contractor, or subcontractor, is determined to have engaged in <br />discrimination identified at RCW 49.60.530(3), Enterprise Services <br />may terminate this Participating Addendum in whole or in part, and <br />Contractor, subcontractor, or both, may be referred for debarment <br />as provided in RCW 39.26.200. Contractor or subcontractor may be <br />given a reasonable time in which to cure this noncompliance, <br />including implementing conditions consistent with any court-ordered <br />injunctive relief or settlement agreement. <br />(d) REMEDIES FOR BREACH. Notwithstanding any provision to the contrary, <br />in the event of termination or suspension for engaging in <br />discrimination, Contractor, subcontractor, or both, shall be liable for <br />damages as authorized by law including, but not limited to, any cost <br />difference between the Participating Addendum and the <br />replacement or cover contract, which damages are distinct from any <br />penalties imposed under Chapter 49.60, RCW. Enterprise Services <br />and/or Purchasing Entities shall have the right to deduct from any <br />monies due to Contractor or subcontractor, or that thereafter <br />become due, an amount for damages Contractor or subcontractor <br />will owe Enterprise Services and/or Purchasing Entities for default <br />under this provision. <br />3.6. CONTRACTOR REPRESENTATIONS AND WARRANTIES: Contractor makes each of the following <br />representations and warranties as of the effective date of this Participating Addendum and <br />at the time any order is placed pursuant to the Participating Addendum. If, at the time of <br />any such order, Contractor cannot make such representations and warranties, Contractor <br />shall not process any orders and shall, within three (3) business days notify Enterprise <br />Services, in writing, of such breach. <br />(a) WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this <br />Participating Addendum and the three (3) year period immediately preceding the <br />award of the Master Agreement it is not determined, by a final and binding citation <br />and notice of assessment issued by the Washington Department of Labor and <br />Industries or through a civil judgment entered by a court of limited or general <br />jurisdiction, to be in willful violation of any provision of Washington state wage laws