|
Kittitas County Agreement for Services (rev. 5/14/25)
<br />Page 11 of 19
<br />
<br />provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior
<br />written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired
<br />jurisdiction over the County. Contractor shall immediately provide the County notice of any judicial proceedings
<br />seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the County
<br />and its departments, elected and appointed officials, employees, agents and volunteers from all loss or expense,
<br />including but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor’s
<br />breach of this provision. Notwithstanding the foregoing, and to the extent that any information obtained by the
<br />Contractor hereunder is required to be shared with others by the explicit terms of the Scope of Work, this
<br />provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations
<br />prohibiting same.
<br />
<br /> 18. Notices: Written notices required or permitted to be provided by one party to the other party under
<br />this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and
<br />return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by
<br />email. Notices given by Contractor shall be provided to the County’s point of contact listed on page 1 of this
<br />Agreement, at the address there listed, and to the department head of the county department for which services
<br />under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contractor’s
<br />address listed on page 1 of this Agreement.
<br />
<br /> 19. Prevailing Wage: Where labor to be performed under this Agreement is considered “public work” as
<br />defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
<br />employed in the performance of work under this Agreement in accordance with RCW 39.12 and the rules and
<br />regulations of the Washington State Department of Labor and Industries. The schedule of prevailing wage rates
<br />for the applicable locality or localities is determined by the Industrial Statistician of the Department of Labor and
<br />Industries. It is Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that
<br />Contractor is responsible for obtaining and completing all required government forms relating to prevailing wage
<br />and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for
<br />arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and
<br />conclusive and binding on all parties involved in the dispute as provided for in RCW 39.12.060.
<br />
<br /> 20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that
<br />degree of care and skill ordinarily exercised by members of the same profession or industry as Contractor currently
<br />practicing or working under similar circumstances. Contractor shall, without additional compensation, correct any
<br />of its services not meeting such a standard.
<br />
<br /> 21. Nondiscrimination
<br />
<br /> 21.1 In the performance of this Agreement, Contractor will not discriminate against any employee or
<br />applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration
<br />status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of
<br />any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a
<br />disability; provided that the prohibition against discrimination because of such disability shall not apply if the
<br />particular disability prevents the proper performance of the particular worker involved. Contractor shall ensure
<br />that applicants are employed, and that employees are treated during employment, without discrimination
<br />because of their age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation,
<br />marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical
<br />disability or the use of a trained dog guide or service animal by a person with a disability. Such requirements
<br />apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or
<br />recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for
|