2017-225 OPT - Triangle J. Council of Governments - Grant Award Agreement

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To the extent applicable,the Recipient agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace.U.S. DOT regulations, "Government wide Requirements for Drug-Free Workplace(Financial Assistance),49 C.F.R.Part 32,that implement the Drug-Free Workplace Act of 1988,41 U.S.C.§§ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use.FTA regulations,"Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S.C. § 5331. Section 23.Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States,"April 16, 1997, 23 U. S. C. § 402 note, the Recipient is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned, rented, or personally operated vehicles, and to include this provision in any third party contracts, third party subcontracts,or subagreements involving the Project. Section 24. Protection of Sensitive Security Information. To the extent applicable,the Recipient agrees to comply with 49 U.S.C.§40119(b)and implementing U.S. DOT regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation Security Administration regulations, "Protection of Sensitive Security Information,"49 C.F.R. Part 1520. Section 25. Disputes, Breaches,Defaults,or Other Litigation. The Recipient agrees that TJCOG has a vested interest in the settlement of any dispute, breach, default,or litigation involving the Project.Accordingly: a. Notification to TJCOG. The Recipient agrees to notify TJCOG in writing of any current or prospective major dispute, breach, default, or litigation that may affect the State Government's interests in the Project or the State Government's administration or enforcement of Federal/State laws or regulations. If the Recipient seeks to name the State Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform TJCOG in writing before doing so. b. TJCOG Interest in Recovery. TJCOG retains the right to a proportionate share of proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to its Project Account in lieu of returning the share to TJCOG. c. Enforcement.The Recipient agrees to pursue all legal rights provided within any third party contract. d. TJCOG Concurrence.TJCOG reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient. e. Alternative Dispute Resolution. TJCOG encourages the Recipient to use alternative dispute resolution procedures,as may be appropriate. Section 26.Amendments/Revisions to the Project. The Recipient agrees that a change in Project circumstances causing an inconsistency with the terms of this Agreement for the Project will require an amendment or revision to this Agreement for the Project signed by the original signatories or their authorized designees or successors.The Recipient agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or this Agreement for the Project. The Recipient agrees that the project will not incur any costs associated with the amendment or revision before receiving notification of approval from TJCOG.The Recipient agrees that any requests for amendments Page 15 of 18