2017-574 OPT - FY2018 NCDOT application for Section 5339 Public Transportation Grant

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stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) "Text Messaging" means reading from or entering data into any handheld or other electric device, including the purpose of short message service texting, e- mailing, instant messaging, obtaining navigating information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. Safety. The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving: (a) Grantee -owned or Grantee - rented vehicles or Govern menf- owned, leased or rented vehicles; (b) Privately -owned vehicles when on official Project related business or when performing any work for or on behalf of the Project; or (c) Any vehicle, on or off duty, and using an employer supplied electronic device. (2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as: (a) Establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving; and (b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts and also encourage its subrecipients, lessees, and third party Grantees to comply with the terms of this Special Provision, and include this Special Condition in each subagreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government. Section 32. Protection of Sensitive Security Information. To the extent applicable, the Grantee 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 33. Disputes, Breaches, Defaults, or Other Litigation. The Grantee agrees that FTA and the Department have a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to the Department. The Grantee agrees to notify the Department in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal /State Government's interests in the Project or the Federal /State Government's administration or enforcement of Federal /State laws or regulations. If the Grantee seeks to name the Federal /State Government as a party to litigation for any reason, in any forum, the Grantee agrees to inform the Department in writing before doing so. In turn, the Department shall be responsible for notifying FTA. b. Federal /State Interest in Recovery. The Federal /State Government retains the right to a proportionate share, based on the percentage of the Federal /State share awarded for the Project, of proceeds derived from any third party recovery, except that the Grantee may return any liquidated damages recovered to its Project Account in lieu of returning the Federal /State share to the Department. C. Enforcement. The Grantee agrees to pursue all legal rights provided within any third party contract. d. FTA and Department Concurrence. The FTA and the Department reserve the right to concur in any compromise or settlement of any claim involving the Project and the Grantee. e. Alternative Dispute Resolution. The Department encourages the Grantee to use alternative dispute resolution procedures, as may be appropriate. 05/27/2015 Page 32 of 36