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
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.
(b) The Seller also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole
or in part with Federal assistance provided by FTA.
47. Federal Participation, Laws, Regulations and Assistance. Seller shall at all
times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement
between the City and FTA, as they may be amended or promulgated from time to time
during the term of this contract. Seller’s failure to so comply shall constitute a material
breach of this contract.
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