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SUBAWARD NO.001 <br /> addition,SUB-RECIPIENT agrees to comply with any implementing requirements <br /> FTA may issue. <br /> (c) Disabilities. In accordance with section 102 of the Americans with <br /> Disabilities Act,as amended (42 U.S.C. §121 12), Sub-Recipient agrees that it will <br /> comply with the requirements of U.S. Equal Employment Opportunity <br /> Commission, "Regulations to Implement the Equal Employment Provisions of the <br /> Americans with Disabilities Act," 29 C.F.R. 1630, pertaining to employment of <br /> persons with disabilities. In addition, SUB-RECIPIENT agrees to comply with any <br /> implementing requirements FTA may issue. <br /> 19.3. Third Party Contractor and Subcontractor Assurances. As required by 49 <br /> C.F.R. § 26.13(a)and section 12(e)(4)(ii) of the FTA Master Agreement, Sub-Recipient agrees and <br /> assures that it will include the following assurance in each subagreement and third party contract it <br /> signs with a third party contractor; <br /> (a) Sub-Recipient, each third party contractor, and each third party subcontractor <br /> must not discriminate based on race,color, national origin,or sex in the award and performance <br /> of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party <br /> subcontract, as applicable, and the administration of its DBE program or the requirements of <br /> 49 CFR Part 26; <br /> (b) Sub-Recipient, each third party contractor, and each third party subcontractor <br /> must take all necessary and reasonable steps under 49 CPR Part 26 to ensure nondiscrimination <br /> in the award and administration of U.S. DOT-assisted subagreements, third party contracts, <br /> and third party subcontracts, as applicable; <br /> (c) Failure by the Sub-Recipient and any of its third party contractors or third party <br /> subcontractors to carry out the requirements of this section 19.3 is a material breach of this <br /> subagreement, third party contract,or third party subcontract, as applicable;and <br /> (d) The following remedies, or such other remedy as the City deems appropriate, <br /> include, but are not limited to, withholding monthly progress payments, assessing sanctions, <br /> liquidated damages, and/or disqualifying the Sub-Recipient, third party contractor, or third <br /> party subcontractor from future bidding as non-responsible. <br /> XX. NONDISCRIMINATION ON THE BASIS OF DISABILITY <br /> Sub-Recipient agrees that no otherwise qualified person with a disability shall, solely by <br /> reason of his/her disability, be excluded from participation in, be denied the benefits of, or <br /> otherwise be subject to discrimination under this Agreement. Sub-Recipient shall ensure <br /> compliance with applicable regulations set forth at 49 C.F.R. 27, Nondiscrimination on the Basis <br /> of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial <br /> Assistance, and the Americans with Disabilities Act. <br /> XXI. SPECIAL PROVISIONS <br /> 21.1 Sub-Recipient certifies that it is not suspended or debarred from receiving federal <br /> Page 25 of 30 <br />