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<br /> is one hundred percent from federal oovnms, as it serves as recognition by the governing body of
<br /> federal funding for purposes of Section A-5 above.
<br /> 17. Seat Belt Policy and Use. Agency must adopt and enforce a seat belt use policy required for all seating
<br /> positions unless exempted by state law.
<br /> 18. Prohibited Interests. No member, offioer, or employee of the Agency during his or her tenure, and for at
<br /> least one (1) year thereafter, shall have any intoreot, direct or indirect, in this contract or the proceeds
<br /> thereof or therefrom.
<br /> 19. Continued Federal and State Funding.
<br /> (a) Federal Funding. The Agency agrees and understands that continuation of this project with Federal
<br /> funds is contingent upon Federal funds being appropriated by the United States Congress specifically
<br /> for that purpose. The Agency further agrees and understands that in the event funds originally
<br /> appropriated by Congress for these grants are subsequently reduced by further acts of Congnass,
<br /> funding to the Agenc be proportionatel reduced.
<br /> (b) State Funding. The Agency agrees and understands that continuation of this project with funds from
<br /> the State of North Carolina is contingent upon State funds being appropriated by the General
<br /> Assembly specifically for that purpose. The Agency also agrees that any state funds received under
<br /> this contract are subject to the same terms and conditions stated in this Agreement.
<br /> 20. Performance. All grants provided by the Governor's Highway Safety Program are performance-based
<br /> and, as such, require that continual progress be made toward the reduction of the number and severity of
<br /> traffic crashes. Any mganoy, whose performance is deemed unsatisfactory by the /3HSP, shall be subject
<br /> to the sanctions as provided for in this contract. AddiUwnaUy, unsatisfactory performance shall be cause
<br /> for the Department to reduce or deny future funding.
<br /> 21. Resolution of Disputes. Any dispute concerning a question of fact in connection with the work not
<br /> disposed of by contract by and between the Agency and the Deportmant, or otherwise arising between
<br /> the parties to this oonhout, shall be referred to the Secretary of the North Carolina Department of
<br /> Transportation and the authorized official of the Agency for a negotiated settlement. In any dispute
<br /> concerning a question i with the whe such negotiated settlement cannot be
<br /> resolved in a Um�yymxNun.Uhe final
<br /> �ecm regarding uoh dispute shall be made the Secretary of
<br /> , �e Department with the '
<br /> of the Federal funding ` '.`'''+
<br /> and shall be final And conclusive for all partieè.
<br /> 22. Deno�memtHeld Harmless. ' `' ' � . ' ' ' ' � `` '� � � ','�� ''� ^�,� ' ' '�', �
<br /> (a) For State Agencies. Subject to the limitations of the North Carolina Tort Claims Act, the Agency shall
<br /> be responsible for its own negligence and holds harmless the Department, its officers, employees, or ' '
<br /> agents, from all claims and liability due to its negligent acts, or the negligent acts of its
<br /> subcontractors, agents, or empl in connection with their services under this contract.
<br /> (b) For Agencies Other Than State Agencies. The Agency shall be responsible for its own negligence
<br /> and holds harmless the Department, its officers, emp|oyeeu, or agents, from all claims and liability
<br /> due to its negligent acts, or the negligent acts of its subuontraotoro, agents, or employees in
<br /> connection with their services under this contract.
<br /> 23. Records Access and Retention. The Agency shall provide all information and reports required by the
<br /> regulations or directives issued pursuant thoreto, and shall permit access to its booko, raonrdo, oocounts,
<br /> other sources of information, and its facilities as may be determined by the Department, the Stote.
<br /> NHTSA, or FHVVA, as mppropriate, to be pertinent to ascertain compliance with such regu|ohons, orders
<br /> and instructions. Furthermore, the Agency shall maintain such materials during the contract pehod, and
<br /> for three (3) years from the date of final payment from the Depadment, for such inspection and audit.
<br /> Where any information required of the Agency is in the exclusive possession of another who fails or
<br /> refuses to furnish this information, the Agency shall so certify to the Department, State, NHTSA, or
<br /> FHWA, as appropriate,and shall set forth what efforts it has made to obtain the information.
<br /> 24. Sanctions for Non-Compliance. The applicant Agency agrees that if it fails or refuses to comply with
<br /> any provisions and assurances in this contract, the Department may take any or all of the following
<br /> actions:
<br /> (a) Cancel,terminate, or suspend this contract in whole or in part;
<br /> (b) Withhold reimbursement to the Agency until satisfactory compliance has been attained by the
<br /> Agency;
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