09321a1_FocusWildlife.pdf
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- Attached to
- STATEWIDE CONTRACT WA|09321|W32893
- Contract number
- 09321
- Issued by
- Washington
About this file
This document is a First Amendment to Contract No. 09321, between the State of Washington's Department of Enterprise Services and Focus Wildlife International, a limited liability company located in Anacortes, WA. The amendment is for a contract originally effective May 27, 2022, concerning emergency response to hazardous materials.
The amendment extends the contract term to terminate on May 26, 2028 and adds a comprehensive nondiscrimination provision to the contract's General Provisions section. The nondiscrimination clause requires the contractor and any subcontractors to avoid discrimination, cooperate with state agency investigations, and understand potential consequences for noncompliance, which could include contract suspension, termination, and potential debarment. The amendment was executed by Chris Battaglia, President of Focus Wildlife International, and a Contracts Specialist from the Washington Department of Enterprise Services, with signatures dated in May 2024.
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CONTRACT NO. 09321 - AMENDMENT NO. 1 Page 1 (Rev. 2024-04-12)
State of Washington Contracts & Procurement Division Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411
CONTRACT AMENDMENT
Contract No.: 09321
Focus Wildlife International PO Box 944 Anacortes, WA 98221
Amendment No.: 1
Effective Date: May 28, 2024
FIRST AMENDMENT
TO
CONTRACT NO. 09321
EMERGENCY RESPONSE TO HAZARDOUS MATERIALS
This First Amendment (“Amendment”) to Contract No. 09321 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Focus Wildlife International, a limited liability company (“Contractor”) and is dated as of May 1, 2024.
R E C I T A L S
A. Enterprise Services and Contractor (collectively the “Parties”) entered into that certain Contract No. 09321 for emergency response to hazardous materials dated effective as of May 27, 2022 (“Contract”).
B. The amendment set forth herein is within the scope of the Contract.
C. The Parties now desire to amend the Contract as set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract as follows:
1. TERM. The Contract is amended to extend the term such that it shall terminate May 26, 2028.
2. NONDISCRIMINATION. The following provision is added as a new subsection of the Contract in the General Provisions section:
18.24. NONDISCRIMINATION.
(a) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which
CONTRACT NO. 09321 - AMENDMENT NO. 1 Page 2
Contractor, or subcontractor, has a collective bargaining or other agreement.
(b) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to
RCW 49.60.530(3).
(c) Default. Notwithstanding any provision to the contrary, Enterprise Services may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Enterprise Services receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Enterprise Services may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
(d) Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Enterprise Services and/or Purchasers shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Enterprise Services and/or Purchasers for default under this provision.
3. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
4. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
5. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully
CONTRACT NO. 09321 - AMENDMENT NO. 1 Page 3 authorized and approved, and that no further approvals or consents are required to bind such party.
6. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Amendment or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
FOCUS WILDLIFE INTERNATIONAL, LLC
A LIMITED LIABILITY COMPANY
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By:
Name:
Title:
Date:
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