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.J'6. Disputes: Any dispute between the parties arising under or relating to this Agreement shall be resorved informaty if possibre. However, in the event such a dispute cannot be so resolved, it shall be adjudicated by a dispute board ("Dispute Board") in the following manner: Each party shall appoint one member to the Dispute Board, the members so appointed shail jointry appoint an additionar member to the Dispute Board, and the Dispute Board will evaluate the facts, Agreement terms, and all applicable statutes and rules' and make a determination as to the proper resorutionif the dispute. such determination shail be final and binding on both parties. Thecostof resolutionwillbeborneasallocatedbytheDisputeBoard. Alternatively,ifagreedtoinwriting by both parties, the parties mayforego the option of estabrishing a Dispute Board to adjudicate the dispute, and instead pursue arbitration, jointry serecting an arbitrator accepiabre to both parties. ln the event the parties choose to pursue arbitration, the parties alree that: (1) the fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, 1-z) eactr party shall bear its own costs and attorney fees' (3) arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association' and (a) the arbitrator's decision or award shall be final and binding on both parties' 17. confidentialiw: contractor, its employees, agents and volunteers' and any of contractor's subcontractors and their emproyees, agents and vorunteers, shail maintain the confidentiality of all information provided by the county or acquired by contractor in performance of this Agreement' except upon the prior written consent of the Kittitas county prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the county. contractor shall immediately provide the county notice of any judicial proceedings seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the county and its departments, elected and appointed officials, employees, agents and volunteers from all loss or expense' including but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. Notwithstanoing t;e foregoing, and to the extent that any information obtained by the contractor hereunder is required to be shareo wi*r others by the explicit terms of the scope of work' this provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations prohibiting same. 18.Notices:Writtennoticesrequiredorpermittedtobeprovidedbyonepartytotheotherpartyunder this Agreement may be provided by personar derivery, regar courier service, or certified mail, postage prepaid and return receipt requested. Notice may be provided by regurar first crass mair if simurtaneous notice is provided by emair. Notices given by contractor shail be provided to the county's point of contact risted on page 1 of this Agreement, at the address there listed, and to the department head of the county department for which services under this Agreement are rendered. Notices given by the county shat be provided to contractor at contractor's address listed on page 1 of this Agreement' 19. Prevailine Wage: Where labor to be performed under this Agreement is considered ,,public work,, as defined in RCW 39.04.010, contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of work under thi, Rgr""tent in accordance with RCW 39'12 and the rules and regurations of the washington state Department of labor and rndustries. The schedure of prevailing wage rates for the applicable locality or localities is determined by the lndustrial statistician of the Department of Labor and lndustries. lt is contractor,s responsibility to verify the applicable prevailing wage rate' lt is understood that contractor is responsibre for obtaining and compreting arr required government forms rerating to prevailing wage and submitting same to the proper authorities. Disputes regarding prevairing wage rates shail be referred for arbitration to the Director of the Department of Labor and rndustries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for in RCW 39'12'060' 20. standard of care: contractor shall perform its duties hereunder in a manner consistent with that degree of care and skiil ordinariry exercised by members of the same profession or industry as contractor currently Kittitas County Agreement for Services (rev' 5/Lal25) Page 13 of 23