Laserfiche WebLink
by both parties, the parties may forego the option of establishing a Dispute Board to adjudicate the dispute, and <br />instead pursue arbitration, jointly selecting an arbitrator acceptable to both parties. ln the event the parties <br />choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared <br />equally by both parties to this Agreement, (2) each party shall bear its own costs and attorney fees, (3) arbitration <br />shall be conducted according to the commercial arbitration procedures of the American Arbitration Association, <br />and (4) the arbitrator's decision or award shall be final and binding on both parties' <br />17. Confidentialitv: Contractor, its employees, agents and volunteers, and any of Contractor's <br />subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information <br />provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior written <br />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 />18. Mtices: 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 <br />by 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 />19. prevailine Waee: Where labor to be performed under this Agreement is considgrsi 'lpublic work" as <br />defined in RCW 3g.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 lndustries. The schedule of prevailing wage rates <br />for the applicable locality or localities is determined by the lndustrial statistician of the Department of Labor and <br />lndustries. lt is contractor,s responsibility to verify the applicable prevailing wage rate. lt 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 lndustries. 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 />20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that <br />degree of care ana stiil orainarily 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 />21. Nondiscrimination <br />2t.I ln 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 />Kittitas County Agreement for Services (rev.5/L4/25) <br />Page 1t of 13