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4.11 4.12 A,13 items designated in guidelines of the Environmental Protection Agency (EpA) at 40 CFR part 247 that contain the highest percentage of recovered materials -praciicable,'consistent with maintaining a satisfactory level of competition, where the purchase price of the 1em exceeds $10,000 or the value of the quantity acquired during the precediirg fiscal year exceeded $10,000; procuring solid waste management servicei in a mannerihat maiimizes energyand resource recovery; and establishing an affirmative procurement program f;procurement of recovered materials identified in the EPA guidelines. 1 1) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federalawarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by-the Department, the Subrecipient, the federal awarding agency, the Comptroler General of the United States, 9r any of their duly authorized reprEse-ntatives to any'Uoois, documents, papers, and records of the contractor which are direcily pertinent to tnaispeciRc contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies retating to energy efficiency which are contained in thestate energy conservation plan issued in compliance with the Energy policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Execulive order 13858 "strcngthening Buy-American prefetences forlnfrastructurc Proiects," the Department encouriges Subrecipients to use, to the greateit extent practicable and consistent with the law, the use of goods, products, and m]aterialsproduced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. b' The Department reserues the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to biing its pians and documents intocompliance wiln lne requirements of 2 CFR Part 200.318 throujh zOO.gZa. The Subrecipientmust ensure that its procurement process requires contractors lnd subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility ot pioied costs, c' All contracting agreements entered into pursuant to this Agreement shall incorporate this Ag reement by reference. ptscLosuRE The use or disclosure by any party of any information concerning the Department for any purpose notdirectly connected with the administration of the Department's or ihe Subrecipient's responsibitities w1hrespect to services provided under this Agreement is prohibited except by prior written consent of theDepartment or as required to comply with the state Public Records nct, ottr-ei law or court order. DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, eithei parly may request a dispute resolution panel to resolve the dispute. A request for a dGpute resolution boaiA snitt be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The pan-el shaltconsistof a representative appointed by the Departmeht, ryepresentative appoiriteO Oy the SubrecipientqF a third party mutually agreed upon by bolh parties. The panel shatl, 6y majority vote, resolve thedispute. . Each party shall bear the cost for its panel member ind its attorney teei anC cosis and shareequally the cost of the third panelmember. LEGAL RELATIONS ll is understood and agreed that this Agreement is solely for the benelit of the parties to the Agreementand gives no right to any other party. No joint ventuie or partnership is foimed as a result of thisAgreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and holdharmless the Department, the state of Washington, and the United-States bovernment and their DHS-FEMA-HSGP-SHSP-FFY2O Page 15 of41 Kittitas, Coung of, E21-O82