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statutes and rules, and make a determination as to the proper resolution of the dlspute. Such determlnation shall be final and binding on both partles. The cost of resolution will be borne as allocated by the Dlspute Board. Alternatively, if agreed to in writlng by both parties, the parties may forego the option of establishing a Dispute Board to adJudicate the dlspute, and instead pursue arbitration, jolntly selectlng an arbitator acceptable to both parties, ln the event the parties choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared equally by both parties to thls Agreement, (21 each party shall bear lts own costs and attorney fees, (3) arbltration shall be conducted according to the commerclal arbltratlon procedures of the American Arbltration Associatlon, and (4)the arbltrato/s decislon or award shall be flnaland binding on both pdrties. 17. Confldentlallhr: Contractor, lts employees, agents and volunteers, and any of Contractot/s subcontractors and thelr employees, agents and volunteers, shall malntain the confldentlality of all information provlded by the County or acquired by Contractor ln performance of thls Agreement except upon the prior wrltten consent of the Kittltas County Prosecuting Attorney or an order ent€red by a court after having acquired Jurisdiction over the County. Contractor shall lmmedlately provlde the County notlceofanyJudiclalproceedlngsseeklngdisclosureofsuchinformation. Contractoragieestolndemnlff, defend and hold harmless the County and its departments, elected and appointed officlals, employees, agents and volunteers from all loss or expense, including but not llmtted to settlements, judgments, setoffs, attorneys' fees'and costs resulting from Contractor's breach of thls provislon. Notwlthstandlng ihe foregoing, and to the extent that any lnformation obtalned by the Contractor hereunder is requlred to be shared with others by the expllclt tenns of the Scope of Work, thls provision shall not be construed as prohlbltlng such sharlng provided there are no appllcable laws or regulations prohiblting same. 18. Notlces: Written notices required or permitted to be provided by one partyto the other party under this Agreement may be provided by personal dellvery, legal courler servlcg or certlfied mail, postage prepaid and return receipt requested. Notlce may be provlded by regular flrst class mail if slmultaneous notice is provlded by email. Notices given by Contractor shall be provided to the Count/s point of contact listed on page 1 of this Agreement, at the address there liste4 and to the department head of the county department for which servlces under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contractor's address listed on page 1of thls Agreement. 19. Prevalllne Wase: Where labor to be performed under this Agreement ls consldered "public worK as defined in RCW 39.04,010, Contractor shall pay the prevaillng rate of wages to all workers, laborers, or mechanlcs employed in the performance of work under this Agreement ln accordance with RCW 39.12 and the rules and regulations of the Washlngton State Department of labor and lndustrles. The schedule of prevaillng wage ratesforthe applicable localltyor localities is determined bythe lndustrial Statlstlcian of the Department of Labor and lndustrles. lt is Contractor's responsibllity to verlfi1 the applicable prevailing wage rate. lt is understood that Contractor ls responsible for obtalnlng and completing all required governrnent forms relating to prevalllng wage and submitting same to the proper authorities. Disputes regardlng prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and lndustries. The arbitration declslon shall be flnal and conclusive and blnding on all parties lnvolved in the dlspute as provlded for in RCW 39.X2.060. 20. $tandard of Care: Contractor shall perform its duties hereunder in a manner consistent wlth that degree of care and skill ordinarily exerclsed by members of the same profession or industry as Contractor currently practicing or working under similar circumstances. Contractor shall, without additional compensation, correct any of its services not meeting such a standard. 21. N.ondiscriminatlon Kittitas County Agreement for Services (rev.5/1,4125l, Page 12 of 20