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A. Employees are "similarly employed" if the individuals work for the same employer, the performance of <br />the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar <br />working conditions. Job titles alone are not determinative of whether employees are similarly <br />employed; <br />B. Contractor may allow differentials in compensation for its workers if the differentials are based in good <br />faith and on any of the following: <br />1. A seniority system; a merit system; a system that measures earnings by quantity or quality of <br />production; a bona fide job-related factor or factors; or a bona fide regional difference in <br />compensation levels. <br />2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or <br />experience that is: Consistent with business necessity; not based on or derived from a gender-based <br />differential; and accounts for the entire differential. <br />3. A bona fide regional difference in compensation level must be: Consistent with business necessity; <br />not based on or derived from a gender-based differential; and account for the entire differential. <br />This Contract may be terminated by the BOARD, if the BOARD or the Department of Enterprise Services <br />determines that the Contractor is not in compliance with this provision. <br />2.27 POLITICAL ACTIVITIES <br />Political activity of Contractor employees and officers are limited by the State Campaign Finances and <br />Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. <br />No funds may be used for working for or against ballot measures or for or against the candidacy of any <br />person for public office. <br />2.28 PREVAILING WAGE LAW <br />The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply <br />with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by <br />this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and <br />"Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient <br />to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's <br />review upon request. <br />2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION <br />The funds provided under this Contract shall not be used in payment of any bonus or commission for the <br />purpose of obtaining approval of the application for such funds or any other approval or concurrence under <br />this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or <br />other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project <br />costs. <br />2.30 PUBLICITY <br />The Contractor agrees not to publish or use any advertising or publicity materials in which the state of <br />Washington or the Board's name is mentioned, or language used from which the connection with the state <br />of Washington's or the Board's name may reasonably be inferred or implied, without the prior written <br />consent of the Board. <br />2.31 RECAPTURE <br />In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, <br />and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to <br />compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. <br />14 <br />