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31. Prevailinq Wage: <br />Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics <br />employed in the performance of any part of the Work in accordance with RCW 39.12 <br />and the rules and regulations of the Department of Labor and lndustries. The schedule <br />of prevailing wages rates for the locality or localities of the Work is determined by the <br />lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's <br />responsibili{y to verify the applicable prevailing wage rate. lt is understood that the <br />Contractor is responsible for obtaining and completing all required government forms <br />and submitting same to the proper authorities. <br />Disputes regarding prevailing wage rates shall be referred for arbitration to the Director <br />of the Department of Labor and lndustries. The arbitration decision shall be final and <br />conclusive and binding on all parties involved in the dispute as provided for by RCW <br />39.12.060. <br />32. Debarment Certification: <br />The Contractor certifies that it:32J ls not presently debarred, suspended, proposed for debarment, declared <br />ineligible or voluntarily excluded from covered transaclions by any Federal <br />department or agency. <br />32.2 Has not within a three-year period preceding the execution of this coniract <br />with Kittitas County, been convicted of or had a civiljudgment rendered <br />against them for commission of fraud or a criminal offense in connection <br />with obtaining, attempting to obtain, or performing a public or private <br />agreement or transaction, violaiion of Federal or State antitrust siatutes or <br />commission of embezzlemenl, lheft, forgery, bribery, falsification or <br />deslruction of records, making false statements, tax evasion, receiving <br />stolen property, making false claims, or obstruction of justice. <br />32.3 ls not presently indicted for or otherwise criminally or civilly charged by a <br />governmental enlity (Federal, State, or local) with commission of any of <br />the offenses enumerated in paragraph 32.2 ol this section. <br />32.4 Has not within a three-year period preceding the preceding the execution <br />of this contract with Kittitas County had one or more public transaclions <br />(Federal, State, or local) terminated for cause of default. <br />33. Force Maieure <br />The performance of this Agreement is subject to termination without liability by either party <br />upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric <br />Administration, any agency of the United States Government, or any agency of the <br />Government of the State of Washington of the occurrence of any circumstance beyond the <br />control of either party-including, without limitation, acts of God, war, acts of terrorism <br />within alifty (50) mile radius of the Kittitas County event, government regulations, disasler, <br />pandemiclepidemic illness, strikes or threat of strikes {except that neither party may <br />Professional Services Ag reement <br />Page 12