amendments, modifications, changes, extensions, or renewals of collective bargaining agreements or
other employee agreements as may be hereafter entered into by the CONTRACTOR and/or the
General Manager shall be communicated to the CITY in writing within seven (7) days.
The parties agree that CONTRACTOR shall have the status of and shall perform all work under this
contract as an independent contractor, maintaining control over all its employees, consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this contract is
between the CITY and CONTRACTOR, and nothing in this contract shall create any contractual
relationship between the CITY and CONTRACTOR'S employees, consultants, sub consultants,
contractors, or subconiractors. The parties also agree that CONTRACTOR is not a CITY employee.
8. Labor Provisions
The requirements contained in 29 C.F.R. § 5.5 (b) are applicable to any contract subject to the
overtime provisions of the Contract Work Hours and Safety Standards Act and notto any of the other
statutes cited in29C.F.R.§5.1. The CONTRACTOR shall maintain payrolls and basic payroll records
during the course of the work and shall preserve them for a period of three years from the completion of
the contract for all personnel working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages paid. The records to be
maintained under this clause shall be made available by the CONTRACTOR for inspection, copying, or
transcription by authorized representatives of the FTA, the U.S. D.O.T., the Department of Labor or the
CITY, and the CONTRACTOR will permit such representatives to interview employees during working
hours on the job.
9. Transit Employee Protective Provisions
The CONTRACTOR agrees to comply with applicable transit employee protective requirements as
follows:
(a) The CONTRACTOR agrees to carry out the transit operations work required or incidental to
performance under this Agreement in compliance with terms and conditions determined by the
U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed
under this Agreement and to meet the employee protective requirements of 49 U.S.C. A
5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the letter of certification from the U.S. DOL to FTA
applicable to the FTA Recipient's project from which Federal assistance is provided to support
work on this Agreement. The CONTRACTOR agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letter. The requirements of this subsection (a), however,
do not apply to any contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C.§
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C.§ 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this section.
(b) If the services provided under this Agreement involve transit operations financed in whole or in
part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee protective
requirements of 49 U.S.C.§ 5333(b) are necessary or appropriate for the state and the public
body subrecipient for which work is performed, the CONTRACTOR agrees to carry out the work
in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet
the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of
certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative
Agreement with the state. The CONTRACTOR agrees to perform transit operations in
connection with the underlying contract in compliance with the conditions stated in that U.S.
DOL letier. Copies of any DOL letter shall be given to the CITY.
5|P age
