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$10,000; procuring solid waste management services in a manner that maximizes energy
<br />and resource recovery; and establishing an affirmative procurement program for
<br />procurement of recovered matedals identified in the EPA guidelines.
<br />11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
<br />12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
<br />data.
<br />13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
<br />General of the United States, or any of their duly authorized representatives to any books,
<br />documents, paper$, and records of the contractor which are directly pertinent to that specific
<br />contract for the purpose of making audit, examination, excerpts, and transcriptions,
<br />14) Retention of all required records for six (6) years afier the Subrecipient has made final
<br />payments and all other pending matters are closed,
<br />15) Mandatory standards and policies relating to energy efficiency which are contained in lhe
<br />state energy conservation plan issued in compliance with the Energy Policy and
<br />Conservation Act (Pub, L. 94-163, 89 Stat. 871).
<br />16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for
<br />lnfrastructure Projects," the Department encourages Subrecipients to use, to the greatest
<br />extent practicable and consistent with the law, the use of goods, products, and materials
<br />produced in the United States in every contract, subcontract, purchase order, or sub-award
<br />that is chargeable against federal linancial assistance awards.
<br />b. The Department reserves the right to review the Subrecipient's procurement plans and
<br />documents and require the Subrecipient to make changes to bring its plans and documents into
<br />compliance with the requirements of 2 CFR Part 200.318 through 200,326. The Subrecipient
<br />must ensure that its procurement process requires contractors and subcontractors to provide
<br />adequate documentation with sufficient detail to support the costs of the project and to allow both
<br />the Subreciplent and Department to make a delermination on eligibility of project costs.
<br />c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
<br />Ag reement by reference.
<br />A,11 DTSCLqSURE
<br />The use or disclosure by any party of any information concernlng the Department for any purpose not
<br />directly connected with the administration of the Department's or the Subrecipient's responsibilities with
<br />respect to seruices provided under this Agreement is prohibited except by prior written consent of the
<br />Department or as required to comply with the state Public Records Act, other law or court order,
<br />4.12 DISPUTES
<br />Except as othenrise provided in this Agreement, when a bona fide dispute arises between the parties
<br />and it cannot be resolved through discussion and negotiation, either party may request a dispute
<br />resolution panel to resolve the dispute, A request for a dispute resolution board shall be in wrlting, state
<br />the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
<br />consist of a representative appointed by the Department, a representative appointed by the Subrecipient
<br />and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
<br />dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
<br />equally the cost of the third panel member.
<br />A.13 LEGAL RELATION$
<br />It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br />and gives no right to any other party, No joint venture or partnership is formed as a result of this
<br />Agreement.
<br />To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
<br />harmless the Department, the state of Washington, and the United States Government and their
<br />authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br />whatsoever by reason of the acts or omissions of the Subrecipient, its subconlractors, subrecipients,
<br />assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
<br />arising out of or in connection with any acts or activities authorized by this Agreement,
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