Orange County NC Website
Browse       Search
outgoing call or answer an incoming call, unless the practice is prohibited by State or local <br />law. <br />b. Safety. The Grantee is encouraged to: <br />(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted <br />drivers including policies to ban text messaging while driving: <br />(a) Grantee -owned or Grantee - rented vehicles or Government - owned, leased or rented <br />vehicles; <br />(b) Privately -owned vehicles when on official Project related business or when performing <br />any work for or on behalf of the Project; or <br />(c) 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 to employees about the safety risks <br />associated with texting while driving. <br />(3) Include this Special Provision in its subagreements with its subrecipients and third party <br />contracts and also encourage its subrecipients, lessees, and third party Grantees to comply <br />with the terms 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 applicable, the Grantee <br />agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT regulations, "Protection of <br />Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. § 114(s) and implementing U.S. <br />Department of Homeland Security, Transportation Security Administration regulations, "Protection of <br />Sensitive Security Information," 49 C.F.R. Part 1520. <br />Section 33. Disputes, Breaches, Defaults, or Other Litigation. 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 Department in writing of any <br />current or prospective major dispute, breach, default, or litigation that may affect the Federal /State <br />Government's interests in the Project or the Federal /State Government's administration or enforcement <br />of Federal /State laws or regulations. If the Grantee seeks to name the Federal /State Government as a <br />party to litigation for any reason, in any forum, the Grantee agrees to inform the Department in writing <br />before doing so. In turn, the Department shall be responsible for notifying FTA. <br />b. Federal /State Interest in Recovery. The Federal /State Government retains the right to a <br />proportionate share, based on the percentage of the Federal /State share awarded for the Project, of <br />proceeds derived from any third party recovery, except that the Grantee may return any liquidated <br />damages recovered to its Project Account in lieu of returning the Federal /State share to the Department. <br />C. Enforcement. The Grantee agrees to pursue all legal rights provided within any third party contract. <br />d. FTA and Department Concurrence. The FTA and the Department reserve the right to concur in <br />any compromise or settlement of any claim involving the Project and the Grantee. <br />e. Alternative Dispute Resolution. The Department encourages the Grantee to use alternative <br />dispute resolution procedures, as may be appropriate. <br />Section 34. Amendments /Revisions to the Project. The Grantee agrees that a change in Project <br />circumstances causing an inconsistency with the terms of this Agreement for the Project will require an <br />amendment or revision to this Agreement for the Project signed by the original signatories or their <br />authorized designees or successors. The Grantee agrees that a change in the fundamental information <br />submitted in its Application will also require an Amendment to its Application or this Agreement for the <br />Project. The Grantee agrees that the project will not incur any costs associated with the amendment or <br />revision before receiving notification of approval from the division. The Grantee agrees that any requests <br />05/27/2015 Page 32 of 36 <br />