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Kittitas County Agreement for Services (rev. 9/19/25)
<br />Page 12 of 19
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<br /> 18. Prevailing Wage: Where labor to be performed under this Agreement is considered “public work”
<br />as defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or
<br />mechanics employed in the performance of work under this Agreement in accordance with RCW 39.12 and the
<br />rules and regulations of the Washington State Department of Labor and Industries. The schedule of prevailing
<br />wage rates for the applicable locality or localities is determined by the Industrial Statistician of the Department of
<br />Labor and Industries. It is Contractor's responsibility to verify the applicable prevailing wage rate. It is understood
<br />that Contractor is responsible for obtaining and completing all required government forms relating to prevailing
<br />wage and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred
<br />for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final
<br />and conclusive and binding on all parties involved in the dispute as provided for in RCW 39.12.060.
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<br /> 19. 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.
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<br /> 20 Nondiscrimination
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<br /> 20.1 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
<br />training, including apprenticeships. Contractor shall take such action with respect to this Agreement as may be
<br />required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment.
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<br /> 20.2 Contractor will not discriminate against any recipient of any services or benefits provided for
<br />under this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status,
<br />sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any
<br />sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a
<br />disability.
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<br /> 20.3 If any assignment and/or subcontracting has been authorized by the County, said assignment or
<br />subcontract shall include appropriate safeguards against discrimination.
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<br /> 21. Waiver The waiver of any default or breach of this Agreement, or the failure of a party to enforce
<br />any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or
<br />subsequent default or breach, the enforcement of any provision hereof, or the exercise of any right or privilege
<br />hereunder, unless otherwise stated in a writing, signed by the parties hereto.
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<br /> 22. Headings: The headings of sections and paragraphs of this Agreement are for convenience of
<br />reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of
<br />the provisions of such sections or paragraphs.
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