2015-439 OPT - FY2016 5311 Nonurbanized area public transportation grant

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(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 prograrns 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 subagreernents with its subrec#ents and third party contracts and also encourage its subrecipients, lessees, and third party contractors to comply with the terrns of this Special Provision, and include this Special Condition in each subagreerrent, lease, and third', party contract at each tier financed with Federal assistance provided by the Federal Government. Section 31. Protection of Sensitive Securitv Information. To the extent applicable, the Contractor agrees, to comply with 49 U.S.C. § 40119(b) and irnpIementing US. DOT regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 4-9 U,S,C. § 114(s) and irnplementing US. Department of Homeland Security, Transportation Security Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part '15201. Section 3,2. gM2 2D11§RoMu1t2e§s, reaches Defaults, or Other LifigaLioin, The Contractor 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 Contractor agrees to notify the Department in writing of any current or prospective major dispute, breach, default, or litigation 'that may affect the Federal/State Governments interests in the Project or the Federal/State Government's administration or enforcement of Federal/State laws or regulations. If the Contractor seeks to narne the Federal/State Government as a party to litigation for any reason, in any forum, the Contractor agrees to inform the Department in writing before doing so. In t�urn, the Department shall be responsible for notifying FTA. lb. FederaYState Interest in Recovery. The FelderallState 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 Contractor may return any liquidated damages recovered to its Project Account in lieu of returning the Federal/State share to the Department. 0, Enforcement. The Contractor agrees to pursue all legal rights provided within any third party contract. cl. 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 Contractor. e. Alternative Dispute Resolution. The Department encourages the Contractor to use alternative dispute resolution procedures, as may be appropriate, Section 33. Amendments /6 evisions to the project. The Contractor 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 Contractor 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 Contractor agrees that the project will not incur any costs associated with the amendment or revision before receiving notification of approval from the division. The Contractor agrees that any requests for amendments and or revisions will be submiitted in accordance with the policies andi procedures established by FTA and the Department. Updated 9117/10 Page 32 of 35