44. Contract Work Hours and Safety Standards Act.
(a) Overtime requirements — Neither the Seller or any subcontractors 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 40 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 40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in para. (1) of this section, Seller and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, Seller and such
subcontractor shall be liable 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 para. (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in para. (1) of this section.
(c) Withholding for unpaid wages and liquidated damages - the City shall upon its own
action or upon written request of USDOL withhold or cause to be withheld, from any
moneys payable on account of work performed by Seller or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other
federally assisted contract subject to the Contract Work Hours & Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para. (2) of this section.
(4) Subcontracts - Seller or subcontractor shall insert in any subcontracts the clauses set
forth in this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.
45. Force Majeure. The Seller shall not be liable to the City for any failure,
delay or interruption of service or for any failure or delay in the performance of any
obligation under this Contract due to acts of God, governmental restrictions, enemy action,
civil commotion, unavoidable casualty, unavailability of fuel or parts, strikes, labor unrest
or other acts beyond the reasonable control of the Seller. The Seller shall resume service
upon removal or cessation of the cause of delay or interruption.
46. Privacy.
The following requirements apply to the Seller and its employees that administer any
system of records on behalf of the Federal Government under any contract:
(a) The Seller 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 Seller agrees to obtain the express
consent of the Federal Government before the SELLER or its employees operate a
system of records on behalf of the Federal Government. The Seller understands that the
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