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<br />20. LIMITATION OF AUTHORITY
<br />Only the Chief Executive Officer of AWC or the CEO’s delegate by writing (delegation to be made prior to action) shall
<br />have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
<br />Subgrant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subgrant
<br />is not effective or binding unless made in writing and signed by the Authorized Representative and the Chief
<br />Executive Officer of AWC or the CEO’s delegate.
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<br />21. NONDISCRIMINATION
<br />A. Nondiscrimination Requirement. During the performance of this Subgrant, the SUBGRANTEE, including any
<br />subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this
<br />shall include but not be limited to the following: SUBGRANTEE, including any subcontractor, shall not
<br />discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUBGRANTEE, including any
<br />subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which
<br />SUBGRANTEE, or subcontractor, has a collective bargaining or other agreement.
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<br />The funds provided under this Subgrant shall not be used to fund religious worship, exercise, or instruction. No
<br />person shall be required to participate in any religious worship, exercise, or instruction in order to have access to
<br />the facilities funded by this Subgrant.
<br />B. Obligation to Cooperate. SUBGRANTEE, including any subcontractor, shall cooperate and comply with any
<br />Washington state agency investigation regarding any allegation that SUBGRANTEE, including any subcontractor,
<br />has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3).
<br />C. Default. Notwithstanding any provision to the contrary, AWC or COMMERCE may suspend SUBGRANTEE,
<br />including any subcontractor, upon notice of a failure to participate and cooperate with any state agency
<br />investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such
<br />suspension will remain in place until AWC and COMMERCE receive notification that SUBGRANTEE, including
<br />any subcontractor, is cooperating with the investigating state agency. In the event SUBGRANTEE, or
<br />subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), AWC or
<br />COMMERCE may terminate this Subgrant in whole or in part, and SUBGRANTEE, subcontractor, or both, may
<br />be referred for debarment as provided in RCW 39.26.200. SUBGRANTEE or subcontractor may be given a
<br />reasonable time in 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 Subgrant termination or
<br />suspension for engaging in discrimination, SUBGRANTEE, subcontractor, or both, shall be liable for contract
<br />damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and
<br />the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g.,
<br />cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties
<br />imposed under Chapter 49.60, RCW. SUBGRANTEE may also be required to repay subgrant funds pursuant to
<br />Section 25 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of
<br />the nondiscrimination requirement. AWC shall have the right to deduct from any monies due to SUBGRANTEE or
<br />subcontractor, or that thereafter become due, an amount for damages SUBGRANTEE or subcontractor will owe
<br />AWC for default under this provision.
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<br />22. PAY EQUITY
<br />The Subgrantee agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals,
<br />consistent with the following:
<br />A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job
<br />requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions.
<br />Job titles alone are not determinative of whether employees are similarly employed;
<br />B. Subgrantee may allow differentials in compensation for its workers if the differentials are based in good faith and
<br />on any of the following:
<br />i. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a
<br />bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.
<br />ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience
<br />that is: Consistent with business necessity; not based on or derived from a gender-based differential; and
<br />accounts for the entire differential.
<br />iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not
<br />based on or derived from a gender-based differential; and account for the entire differential.
<br />This Subgrant may be terminated by the AWC, if AWC, Commerce, or the Department of Enterprise Services
<br />determines that the Subgrantee is not in compliance with this provision.
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<br />Docusign Envelope ID: E11F3824-B57B-4827-BEDB-7B35A1462326
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