2019/11/06 Council Agenda Packet

2 performance of this Agreement, or(iii)reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 32.2.Any property of the WTSC furnished to the SUB-RECIPIENT shall,unless otherwise provided herein or approved by the WTSC,be used only for the performance of this Agreement. 32.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB- RECIPIENT to maintain and administer that property in accordance with sound management practices. 32.4. If any WTSC property is lost, destroyed, or damaged,the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 32.5.The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 32.6.All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. 33.WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS(23 CFR PART 1300 APPENDIX A): 34. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement(23 U.S.C. 313)when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States,unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items,the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 35.DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 35.1.By signing this Agreement,the SUB-RECIPIENT(hereinafter in this section referred to as the"lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 35.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly 19