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<br />26. Limitation of Authority
<br />Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be
<br />made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
<br />any clause or condition of this Contract.
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<br />27. Local Public Transportation Coordination
<br />Where applicable, Subrecipient shall participate in local public transportation forums and implement
<br />strategies designed to ensure access to services.
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<br />28. Nondiscrimination
<br />a. Nondiscrimination Requirement. During the performance of this Agreement, the Subrecipient,
<br />including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws,
<br />regulations and policies, this shall include but not be limited to the following: SUBRECIPIENT,
<br />including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3).
<br />In addition, SUBRECIPIENT, including any subcontractor, shall give written notice of this
<br />nondiscrimination requirement to any labor organizations with which SUBRECIPIENT, or
<br />subcontractor, has a collective bargaining or other agreement.
<br />The funds provided under this Agreement shall not be used to fund religious worship, exercise, or
<br />instruction. No person shall be required to participate in any religious worship, exercise, or
<br />instruction in order to have access to the facilities funded by this Agreement.
<br />b. Obligation to Cooperate. SUBRECIPIENT, including any subcontractor, shall cooperate and
<br />comply with any Washington state agency investigation regarding any allegation that
<br />SUBRECIPIENT, including any subcontractor, has engaged in discrimination prohibited by this
<br />Agreement pursuant to RCW 49.60.530(3).
<br />c. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend
<br />SUBRECIPIENT, including any subcontractor, upon notice of a failure to participate and cooperate
<br />with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant
<br />to RCW 49.60.530(3). Any such suspension will remain in place until COMMERCE receives
<br />notification that SUBRECIPIENT, including any subcontractor, is cooperating with the investigating
<br />state agency. In the event SUBRECIPIENT, or subcontractor, is determined to have engaged in
<br />discrimination identified at RCW 49.60.530(3), COMMERCE may terminate this Agreement in
<br />whole or in part, and SUBRECIPIENT, subcontractor, or both, may be referred for debarment as
<br />provided in RCW 39.26.200. SUBRECIPIENT or subcontractor may be given a reasonable time in
<br />which to cure this noncompliance, including implementing conditions consistent with any court-
<br />ordered injunctive relief or settlement agreement.
<br />d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement
<br />termination or suspension for engaging in discrimination, SUBRECIPIENT, subcontractor, or both,
<br />shall be liable for contract damages as authorized by law including, but not limited to, any cost
<br />difference between the original Grant and the replacement or cover Grant and all administrative
<br />costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing,
<br />advertising and staff time , which damages are distinct from any penalties imposed under Chapter
<br />49.60, RCW. SUBRECIPIENT may also be required to repay grant funds pursuant to Section 37
<br />(Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation
<br />of the nondiscrimination requirement. COMMERCE shall have the right to deduct from any monies
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