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DOT Order 39O2.1U' "Text Messaging While DrivinQ'" December @0.2OO9` the Grantee iy encouraged to <br />comply with the term of the following Special Provision. <br />o. Definitions. Ae used in this Special Provision: <br />(1) "Driving" means operating a motor vehicle oneroadway, including while temporarily <br />stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving does not include <br />being in your vehicle (with or without the motor running) in a location off the roadway where <br />itissafe and legal to remain stationary. <br />(2) "Text Messaging" means reading from or entering data into any handheld or other electric <br />device, including the purpose of short nneasoQe aen/ino tex±ing. e-ulo||iOg' instant <br />rneaaaginQ, obtaining navigating infornnotinn, or engaging in any other form of electronic data <br />retrieval or electronic data communication. The term does not include the use of a cell phone <br />or other electronic device for the limited purpose of entering a telephone number to make an <br />outgoing call or answer an incoming call, unless the practice is prohibited hyStaba- o[ local <br />|ovv <br />b. The Grantee is encouraged to: <br />(1) Adopt and enforce workplace safety, policies to decrease cras hes caused by distracted <br />drivers inc|Uding pn|iciestobnntnzL[neaaogingVvhi/edriViOQ: <br />(a) . Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented <br />vehicles; <br />(b) Privately-owned vehicles vvben onof�ca|Project dbuoinooaorwhenpedbnniDg <br />any vvo[kfor oroD behalf of the Project; or <br />(o) Any vehicle, on or off duty, and using an employer supplied electronic device. <br />(2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, <br />such as: <br />(a) Establishment of new rules and programs or re-evaluation of existing programs to <br />prohibit text messaging while driving; and <br />(b) Education, awareness, and other outreach 10 employees about the safety risks <br />associated with tex±inQ while driving. <br />(3) Include this Special Provision in its subagneenlenfawith its subrecipiente and third pedv <br />contracts and also encourage its subrecipients, lessees, and third party Grantees to comply <br />Vviththa'ta[nny of this Special Provision, and include this Special Condition in each <br />subagreement, lease, and third party contract at each tier financed with Federal assistance <br />provided by the Federal Government. <br />Section 32. Protection of Sensitive Security Information. To the extent oppUmabk*. the Grantee <br />agrees to comply with 49 U.G.C. � 40118(b) and impksnnenTflnQ U.S. [)OT regulations, "Protection of <br />Sensitive Security |nfnmnm1ion."4S C.F.R. Part 15. and with 40 U.S.C. § 114kd and innp1onnenbn8 U.S. <br />Deportment of Homeland Security, Transportation Security Administration regulations, "Protection of <br />Sensitive Security |nfurcnation,"4UC.F.R. Part 152O' <br />Section .33. The Grantee agrees that FTA and the <br />Department have a vested interest in the settlement of any dispute, breach, default, or litigation involving <br />the Project. Accordingly: <br />a. Notification to the Department.. The Grantee agrees to notify the Dep ` . artment in writing of any <br />ou[nerd or prospective major dispute, bn*aoh, default, litigation that may affect the Federal/State <br />Government's interests in the Project orthe Federal/State Government's administration or enforcement <br />of Federal/State laws n}regulations. |f the Grantee seeks to name the Federal/State Government aoa <br />party to litigation for any reason, in any forum, the Grantee agrees to inform the Department in writing <br />before doing so. |n turn, the Department shall be responsible for notifying FTA. <br />b. FederallState Interest in Recove . The Federal/State Government retains the fight to a <br />proportionate nheFe' based on the percentage of the Federal/State share awarded for the Project, of <br />proceeds derived from any third party nacnVeFy, except that the Grantee may return. any liquidated <br />damages recovered to its Project Acoountin|/euofreturnjngtheFoderml/GtateohonetotheDeportment. <br />C. Enforcement. The Grantee ay[eaa to pursue all legal rights provided within any third party contract. <br />05/27/2015 Page 32nf37 <br />