Transit- Meeting Agenda (12/18/1997)

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„ h. Federal Communications Commission regulations, Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part ~- 64, Subpart F; and i. FTA regulations, "Transportation for the Elderly and Handicapped Persons," 49 C.F.R Part 609. 5.11 Federal Privacy Act Requireme~ts The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Govemment under any contract: (1) The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the CONTRACTOR agrees to obtain the express consent of the Federal Govemment before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Govemment. The CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The CONTRACTOR also agrees to include these requirements in each subcontract to administer ~ any system of records on behalf of the Federal Govemment financed in whole or in part with Federal assistance provided by FTA. 5.12 Contract Work Hours and Safety Standards Act The following provisions apply to the extent required by 40 U.S.C. §§ 327-333; 29 C.F.R. § 5: 29 C.F.R. § 1926: (1) Overtime requirements - No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or perrnitted to work in excess of the standards workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 119 I CHERRYLIFT CONTRACT AGREEMENT #1296. LIFT