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247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energyand resource recovery; and establishing an affirmative procurement program foi procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor urhich are directly pertinent to thaf specific contract for the purpose of making audit, examination, excerpts, and transcriplions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "$trengthening Buy-American Preferences for lnfrastructurc Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assislance awards. 17) Per 2 c.F.R, S 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authortzation Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 11a. 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and docurnents into compliance with the requirements of 2 CFR Part 200.317 through 2OO.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the projec{ and io allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shatl incorporate this Agreement by reference. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responiibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order, prsPUr-Fg 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, either party may request a <iispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, sfiate the disputed issues, state the relative positions of the parti'es, and be sent to all parties. The panEl shall consistof a representative appointed by the Department, a representative appointed by the Subrecipient ?F a third party mutually agreed upon by both parties. The panel shall, by majority vote, resotv6 the dispute. Each party shall bear the cost for its panel member and its attomey tees anO costs and share equally the cost of the third panel member. 4.11 4.12 DHS-FEMA-EMPG-FYz1 Page 15 of 35 Kittitas County Sherlffs Office EM, E22-217