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and resource recovery; and establishing an affirmative procurement program for
<br /> procurement of recovered materials 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, papers, 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 after 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 the
<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 /> Infrastructure 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 financial 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 Subrecipient and Department to make a determination on eligibility of project costs.
<br /> c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
<br /> Agreement by reference.
<br /> A.11 DISCLOSURE
<br /> The use or disclosure by any party of any information concerning 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 services 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 /> A.12 DISPUTES
<br /> Except as otherwise 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 writing, 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 RELATIONS
<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 subcontractors, 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.
<br /> DHS-FEMA-EMPG-FY20 Page 14 of 36 City of Everett OEM, E21-161
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