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<br />of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655 and
<br />the following Federal substance abuse regulations:
<br />(1) Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use. As required
<br />by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
<br />Operations," at 49 CFR part 655, subpart 1, the Contractor certifies, by signing this
<br />Agreement, that it has established and implemented an alcohol misuse and anti-drug
<br />program, and has complied with or will comply with all applicable requirements of FTA
<br />regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,"
<br />49 CFR part 655, and Section 35 of this Agreement.
<br />a. Drug-Free Workplace. U.S. DOT regulations, "Government-wide
<br />Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that
<br />implement the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
<br />b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention
<br />of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that
<br />implement 49 U.S.C. § 5331.
<br />Section 36. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing
<br />Seat Belt Use in the United States," April 16, 1997, 23 U. S. C. § 402 note, the Contractor
<br />is encouraged to adopt and promote on-the-job seat belt use policies and programs for its
<br />employees and other personnel that operate company-owned, rented, or personally
<br />operated vehicles, and to include this provision in any third party contracts, third party
<br />subcontracts, or subagreements involving the Project.
<br />Section 37. Protection of Sensitive Security Information. To the extent applicable, the
<br />Contractor agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT
<br />regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49
<br />U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation
<br />Security Administration regulations, "Protection of Sensitive Security Information," 49
<br />C.F.R. Part 1520.
<br />Section 38. Disputes, Breaches, Defaults, or Other Litigation. The Contractor agrees
<br />that FTA and the Department have a vested interest in the settlement of any dispute,
<br />breach, default, or litigation involving the Project. Accordingly:
<br />a. Notification to the Department. The Contractor agrees to notify the
<br />Department in writing of any current or prospective major dispute, breach, default, or
<br />litigation that may affect the Federal/State Government's interests in the Project or the
<br />Federal/State Govemment's administration or enforcement of Federal/State laws or
<br />regulations. If the Contractor seeks to name the Federal/State Govemment as a party to
<br />litigation for any reason, in any forum, the Contractor agrees to inform the Department in
<br />writing before doing so. In turn, the Department shall be responsible for notifying FTA.
<br />b. Federal/State Interest in Recovery. The Federal/State Government
<br />retains the right to a proportionate share, based on the percentage of the Federal/State
<br />share awarded for the Project, of proceeds derived from any third party recovery, except
<br />that the Contractor may return any liquidated damages recovered to its Project Account in
<br />lieu of returning the Federal/State share to the Department.
<br />c. Enforcement. The Contractor agrees to pursue all legal rights provided
<br />within any third party contract.
<br />d. FTA and Department Concurrence. The FTA and the Department
<br />Revised 1/6/10
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