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AG 2014 06 16
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AG 2014 06 16
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6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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To the extent that the Contractor, or its subcontractors, if any, or any to their respective employees <br />administer any system of records on behalf of the Federal Government, Contractor agrees to comply <br />with, and assure the compliance of its subcontractors, if any, with the information restrictions and other <br />applicable requirements of the Privacy Act of 1974, as amended, 5 U.S.C. Sect. 552, (the Privacy Act). <br />26 <br />The Contractor also agrees to include these requirements in each subcontract to administer any <br />system of records on behalf of the Federal Government financed in whole or in part with Federal <br />assistance provided by FTA. <br />Contract Work Hours and Safety Standards Act <br />The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act <br />applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the <br />[Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). <br />Although the original Act required its application in any construction contract over $2,000 or non - <br />construction contract to which the Act applied over $2,500 (and language to that effect is still found in <br />49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than <br />$100,000." 40 USC 3701(b)(3)(A)(iii). <br />The Act applies to construction contracts and, in very limited circumstances, non - construction projects <br />that employ "laborers or mechanics on a public work." These non - construction applications do not <br />generally apply to transit procurements because transit procurements (to include rail cars and buses) <br />are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates <br />entering into a contract to procure a developmental or unique item should consult counsel to <br />determine if the Act applies to that procurement and that additional language required by 29 CFR <br />5.5(c) must be added to the basic clause below. <br />The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause <br />below should be coordinated with counsel to ensure the Act's requirements are satisfied. <br />Clause Lanauacie: <br />Contract Work Hours and Safety Standards <br />(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract <br />work which may require or involve the employment of laborers or mechanics shall require or permit <br />any such laborer or mechanic in any workweek in which he or she is employed on such work to work <br />in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at <br />a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty <br />hours in such workweek. <br />(2) Violation; liability for unpaid wages, liquidated damages - In the event of any violation of the <br />clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible <br />therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be <br />liable to the United States for liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and guards, employed in violation <br />of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on <br />which such individual was required or permitted to work in excess of the standard workweek of forty <br />hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this <br />section. <br />(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) <br />shall upon its own action or upon written request of an authorized representative of the Department of <br />Labor withhold or cause to be withheld, from any moneys payable on account of work performed by <br />the contractor or subcontractor under any such contract or any other Federal contract with the same <br />42 <br />F -5 <br />Attachment number 1 <br />Page 196 <br />
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