R2002-95 AUTHORIZING AN AGREEMENT

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x ^ (ii.) Trainees. Except as provided in 29 C.F.R.§5.16,trainees will not be permitted to work at less than the predetermined rate for the wo�ic performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration. The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment and training Administration. Every trainee must be paid at not less than the rate specified in the approved prog�am for the trainee's level of progress, expressed as a percentage of the joumeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid finge benefits in accordance with the provisions of the trainee program. If the trainee program does not mention finge benefits,trainees shall be paid the full amount of finge benefits listed on the wage detertnination unless the Administrator of .,, the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman's wage rate on the wage determination that provides for less than tull fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not tess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing wo�lc on the job site in excess of the ratio permitted under the registered program shall be paid not less than the sAplicable wage rate on the wage deteRnination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until ari acceptable program is approved. (iii.) Equal Employment Opportunity. The utilization of apprentices,trainees,and joumeymen under "" 29 C.F.R. Part 5 shall be in conformance with the equal employment opportunity requirements of Executive Order No. 11246,as amended,and 29 C.F.R.§30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 C.F.R.§3,which are incorporated herein by reference. - (6) Contract Termination: Debarment. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 C.F.R. §5.12. (7) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and related acts contained in 29 C.F.R.Parts 1,3 and 5 are incorporated herein by ,� reference. (8) Disputes Conceming Labor Standards. Disputes arising out of the labor standards provisions of this Agreement shall not be subject to the general disputes Gause of this Agrcement. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C.F.R.§§5,6, and 7. Disputes within the meaning of this clause inGude disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. (9) Certification of Eligibility. (i.) By entering into a third part�t contract flnanced under this Agreement,the contractor certifies that neither it(nor he nor she)nor any person or firm that has an interest in the contractors firtn is a person or firm ineligible to be awarded govemment contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 C.F.R.§5.12(a)(1). State/Federal Capital Grant PaBe 31 ,