|
D. Checks, Orders, and Vouchers. The COUNTY agrees to refrain from drawing checks,
<br /> drafts, or orders for goods or services to be charged against the Work Account until it has
<br /> received and filed a properly signed voucher describing in proper detail the purpose for the
<br /> expenditure.
<br /> Section 10
<br /> Audits, Inspection, and Retention of Records
<br /> A. Submission of Proceedings, Agreements, and Other Documents. During the course of
<br /> the Work and for six (6) years thereafter, the COUNTY agrees to retain intact and to provide any
<br /> data, documents, reports, records, contracts, and supporting materials relating to the Work as
<br /> the STATE may require. Reporting and record-keeping requirements are set forth in 49 C.F.R.
<br /> Part 18. Project closeout does not alter these recording and record-keeping requirements.
<br /> Should an audit, enforcement, or litigation process be commenced, but not completed, during
<br /> the aforementioned six-year period then the COUNTY'S obligations hereunder shall be
<br /> extended until the conclusion of that pending audit, enforcement, or litigation process.
<br /> B. General Audit Requirements. The COUNTY agrees to perform the financial and
<br /> compliance audits required by the Single Audit Act Amendments of 1996, 31 U.S.C. §§ 7501 et
<br /> seq. As provided by 49 C.F.R. § 18.26, these financial and compliance audits must comply with
<br /> the provisions of OMB Circular A-133, Revised, "Audits of States, Local Governments, and Non-
<br /> Profit Organizations," the latest OMB A-133 Compliance Supplement for U.S. DOT, and any
<br /> further revision or supplement thereto. The COUNTY also agrees to obtain any other audits
<br /> required by the Federal Government. The COUNTY agrees that audits will be carried out in
<br /> accordance with U.S. General Accounting Office "Government Auditing Standards." The
<br /> COUNTY agrees to obtain any other audits required by the STATE. Project closeout will not
<br /> alter the COUNTY'S audit responsibilities.
<br /> C. Inspection. The COUNTY agrees to permit the STATE, the State Auditor, the United States
<br /> Department of Transportation, and the Comptroller General of the United States, or their
<br /> authorized representatives, to inspect all Work materials, payrolls, maintenance records, and
<br /> other data, and to audit the books, records, and accounts of the COUNTY and its contractors
<br /> pertaining to the Work, as required by 49 U.S.C. § 5325(g).
<br /> Section 11
<br /> Labor Provisions
<br /> A. Contract Work Hours and Safety Standards Act. The COUNTY shall comply with, and
<br /> shall require the compliance by each subcontractor at any tier, any applicable employee
<br /> protection requirements for non-construction employees as defined by the Contract Work Hours
<br /> and Safety Standards Act, as amended, 40 U.S.C. § 3701 et seq., and specifically, the wage
<br /> and hour requirements of section 102 of that Act at 40 U.S.C. § 3702 and U.S. DOL regulations,
<br /> "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
<br /> Assisted Construction (also Labor Standards Provisions Applicable to Non-construction
<br /> Contracts Subject to the Contract Work Hours and Safety Standards Act)" at 29 C.F.R. Part 5;
<br /> and the safety requirements of section 107 of that Act at 40 U.S.C. § 3704, and implementing
<br /> U.S, DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926.
<br /> B. Fair Labor Standards Act. The COUNTY agrees that the Fair Labor Standards Act, as
<br /> amended, 29 U.S.C. §§ 201 et seq., apply to employees performing Work involving commerce.
<br /> The COUNTY shall comply with the Fair Labor Standards Act's minimum wage and overtime
<br /> requirements for employees performing Work in connection with the Task Order.
<br /> C. Overtime Requirements. No contractor or subcontractor contracting for any part of the
<br /> Task Order Work which may require or involve the employment of laborers or mechanics shall
<br /> require or permit any such laborer or mechanic in any workweek in which he or she is employed
<br /> on such Work to work in excess of forty (40) hours in such workweek unless such laborer or
<br /> GCA 6141 Exhibit A FTA Provisions Page 9 of 12
<br />
|