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AG 2010 08 16
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AG 2010 08 16
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Last modified
11/15/2011 8:11:31 AM
Creation date
11/27/2017 11:23:04 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/16/2010
Board
Board of Commissioners
Meeting Type
Regular
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(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 />prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and <br />Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined <br />to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and <br />liquidated damages as provided in the clause set forth in paragraph (2) of this section. <br />(4) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses set <br />forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to <br />include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for <br />compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs <br />(1) through (4) of this section. <br />25. Transit Employee Protective Agreements <br />The Transit Employee Protective Provisions apply to each contract for transit operations performed by <br />employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations <br />involve many activities apart from directly driving or operating transit vehicles, FTA determines which <br />activities constitute transit "operations" for purposes of this clause.) These provisions are applicable to <br />all contracts and subcontracts at every tier. <br />Transit Employee Protective Provisions <br />(1) The Contractor agrees to comply with applicable transit employee protective requirements as <br />follows: <br />(a) General Transit Em to ee Protective Re uirements - To the extent that FTA determines that <br />transit operations are involved, the Contractor agrees to carry out the transit operations work on <br />the underlying contract in compliance with terms and conditions determined by the U.S. Secretary <br />of Labor to be fair and equitable to protect the interests of employees employed under this contract <br />and to meet the employee protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL <br />guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are <br />identified in U.S. DOL's certification of public transportation employee protective arrangements to <br />FTA, the date of which appears in the Grant Agreement or Cooperative Agreement for the Project. <br />The Recipient agrees to implement the Project in accordance with the conditions stated in that <br />U.S. DOL certification. That certification and any documents cited therein are incorporated by <br />reference and made part of the Grant Agreement or Cooperative Agreement for the Project. The <br />requirements of this Subsection of the Master Agreement do not apply to Projects for elderly <br />individuals or individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2) or subsection <br />3012(b) of SAFETEA -LU, Projects for nonurbanized areas authorized by 49 U.S.C. § 5311;'or <br />Projects for the over-the-road bus accessibility program authorized by section 3038 of TEA -21, as <br />amended by section 3039 of SAFETEA -LU, 49 U.S.C. § 5310 note. Separate requirements for <br />those Projects are set forth in Subsections (b), (c), and (d), respectively, below. [Amendments to <br />U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215, were published <br />at 73 Fed. Reg. 47045 et seq., August 13, 2008.1 <br />(b) Public Trans oration tm io ee rrotecuv „w....�-.� �••- •••�•-- °--- -- <br />with Disa bilities for the Elderly Individuals and Individuals with Disabilities For mula Progr and <br />Pilot Pro rq_am_ To the extent that the U.S. Secretary of Transportation has determin or <br />determines in the future that employee protective arrangements required by 49 U.S.C. § 5333(b) <br />are necessary or appropriate for a governmental authority subrecipient participating a Project <br />authorized by 49 U.S.C. § 5310(b)(2) or subsection 3012(b) of SAFETEA -LU, 49 U.S.C. § 5310 <br />43 Attachment number 2 <br />F -5 Page 174 <br />
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