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. • <br /> ITEM 23-SCHOOL BUS OPERATIONS <br /> Pursuant to 20 ILCS 2705/49.19(6), and as a condition of receiving grant moneys from the Department,the Grantee . <br /> certifies, by signing this Agreement,that it is not engaged in school bus operations exclusively for the transportation <br /> of students and school bus personnel in competition with private school bus operators where such private school bus <br /> operators are available to provide adequate transportation at reasonable rates in conformance with applicable safety <br /> standards. If the Grantee does engage in school bus operations exclusively for the transportation of students and <br /> school bus personnel as described above,then the Grantee certifies that it operates a school system in the area to <br /> be served and operates a separate and exclusive school bus program for the school system. The Grantee further <br /> agrees and certifies that it shall immediately notify the Department in writing of its involvement in or its intention to <br /> become involved in any school bus operation prohibited by Section 49.19(6)after the date of this certification at <br /> such times as determined by the Department. <br /> ITEM 24-NONCONSTRUCTION LABOR PROVISION <br /> Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to Contracts Covering <br /> Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction <br /> Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 CFR Part 5, the following provisions <br /> shall be incorporated in all nonconstruction contracts of$2,500 let by the Grantee in carrying out the Project: <br /> A. Contract Work Hours and Safety Standards. The requirements of the clauses contained in 29 CFR 5.5(b) <br /> are applicable to any contract subject to the overtime provisions of the Contract Work Hours and Safety <br /> Standards Act and not to any of the other statutes cited in 29 CFR Section 5.1 The Contractor or <br /> subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall <br /> preserve them for a period of three years from the completion of the contracts for all laborers and <br /> mechanics, including guards and watchmen, working on the contract. Such records shall contain the name <br /> and address of each such employee, social security number, correct classification, hourly rates of wages <br /> paid, daily and weekly number of hours worked, deduction made, and actual wages paid. The records to be <br /> maintained under this clause shall be made available by the Contractor or Subcontractor for inspection, <br /> copying, or transcription by authorized representatives of the Federal Transit Administration, U.S. <br /> Department of Transportation, or the Department of Labor, and the Contractor or Subcontractor will permit <br /> such representatives to interview emptoyees during working hours on the job. <br /> B. Nonconstruction Subcontracts. The Contractor or Subcontractor shall insert in any subcontract the clauses <br /> set forth in 29 CFR Sec. 5.5(b), and also a clause requiring the subcontractors to include these clauses in <br /> any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor <br /> or lower tier subcontractor with the clauses set forth in 29 CFR Section 5.5(b) involving overtime pay, unpaid <br /> wages and withholding for unpaid wages. <br /> C. State and Local Government Employees. The provisions of the Fair Labor Standards Act, as amended, <br /> apply to State and Iocal government employees participating in the FTA assisted project with the Grantee. <br /> ITEM 25-SUBSTANCE ABUSE/DRUG FREE WORKPLACE ACT _ <br /> The Grantee agrees to comply with the Illinois (30 ILCS 580/1 et seq.), U.S. DOT Drug Free Workplace Act, "Drug <br /> Free Workplace Requirements (Grants),"49 CFR Part 29, Subpart F, and other U.S. DOT and FTA regulations and <br /> guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated. The Grantee further states <br /> that it has signed the Drug Free Workplace Certification attached to this Agreement. <br /> If applicable, the Grantee also agrees to comply with all aspects of the anti-drug program outlined in the "Control of <br /> Drug Use in Mass Transportation Operations" regulation (49 CFR 653), the"Preventing of Alcohol Misuse in Transit <br /> Operators" regulation (49 CFR 654), and to require contractors and subcontractors, when applicable under 49 USC <br /> 5331 and 49 CFR 653-4,to do the same. <br /> Asset Transfer Agreement page 18 <br />