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SFY 2016 Community Transportation Program (CTP) Grant
<br />Application - Special Section 5333 (b) Warranty
<br />basic information necessary to the proper application, administration, and enforcement of this
<br />arrangement and to the proper determination of any claims arising thereunder.
<br />(20) In the event the Project is approved for assistance under the statute, the foregoing terms
<br />and conditions shall be made part of the contract of assistance between the federal
<br />government and the applicant for federal funds and between the applicant and any recipient of
<br />federal funds; provided, however, that this arrangement shall not merge into the contract of
<br />assistance, but shall be independently binding and enforceable by and upon the parties thereto,
<br />and by any covered employee or his /her representative, in accordance with its terms, nor shall
<br />any other employee protective agreement merge into this arrangement, but each shall be
<br />independently binding and enforceable by and upon the parties thereto, in accordance with its
<br />terms.
<br />(21) This arrangement shall be binding upon the successors and assigns of the parties hereto,
<br />and no provisions, terms, or obligations herein contained shall be affected, modified, altered,
<br />or changed in any respect whatsoever by reason of the arrangements made by or for the
<br />Recipient to manage and operate the system.
<br />Any person, enterprise, body, or agency, whether publicly - or privately- owned, which shall
<br />undertake the management, provision and /or operation of the Project services or the
<br />Recipient's transit system, or any part or portion thereof, under contractual arrangements of
<br />any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of
<br />this arrangement and accept the responsibility with the Recipient for full performance of these
<br />conditions. As a condition precedent to any such contractual arrangements, the Recipient shall
<br />require such person, enterprise, body or agency to so agree.
<br />(22) In the event of the acquisition, assisted with Federal funds, of any transportation system
<br />or services, or any part or portion thereof, the employees of the acquired entity shall be
<br />assured employment, in comparable positions, within the jurisdiction and control of the
<br />acquiring entity, including positions in the employment of any entity bound by this
<br />arrangement pursuant to paragraph (21). All persons employed under the provisions of this
<br />paragraph shall be appointed to such comparable positions without examination, other than
<br />that required by applicable federal, state or federal law or collective bargaining agreement,
<br />and shall be credited with their years of service for purposes of seniority, vacations, and
<br />pensions in accordance with the records of their former employer and /or any applicable
<br />collective bargaining agreements.
<br />(23) The employees covered by this arrangement shall continue to receive any applicable
<br />coverage under Social Security, Railroad Retirement, Workmen's Compensation,
<br />unemployment compensation, and the like. In no event shall these benefits be worsened as a
<br />result of the Project.
<br />(24) In the event any provision of this arrangement is held to be invalid, or otherwise
<br />unenforceable under the federal, state, or local law, in the context of a particular Project, the
<br />remaining provisions of this arrangement shall not be affected and the invalid or
<br />unenforceable provision shall be renegotiated by the Recipient and the interested Union
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<br />NCDOT -PTD
<br />SFY 2016
<br />Attachment number 12
<br />G -1 Page 96
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