Res 2024-159 approving a Subrecipient Funding Agreement with Texas State University under which the city will pass through fiscal year 2022 section 5307 Federal Transit Administration (FTA)

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SUBAWARD NO.002 addition,SUB- RECIPIENT agrees to comply with any implementing requirements FTA may issue. (c) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended (42 U.S.C. §121 12), Sub-Recipient agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. 1630, pertaining to employment of personswith disabilities. In addition,SUB-RECIPIENT agrees to comply with any implementing requirements FTA may issue. 19.3. Third Party Contractor and Subcontractor Assurances. As required by 49 C.F.R. §26.13(a)and section 12(c)(4)(ii)of the FTA Master Agreement,Sub-Recipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a third party contractor: (a) Sub-Recipient, each third party contractor, and each third party subcontractor must not discriminate based on race,color,national origin,or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR Part 26; (b) Sub-Recipient,each third party contractor, and each third party subcontractor must take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of U.S, DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable; (c) Failure by the Sub-Recipient and any of its third party contractors or third party subcontractors to carry out the requirements of this section 19.3 is a material breach of this subagreement, third party contract,or third party subcontract,as applicable; and (d) The following remedies, or such other remedy as the City deems appropriate, include, but are not limited to, withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying the Sub-Recipient, third party contractor, or third party subcontractor from future bidding as non-responsible. XX. NONDISCRIMINATION ON THE BASIS OF DISABILITY Sub-Recipient agrees that no otherwise qualified person with a disability shall, solely by reason of his/her disability, be excluded fi-om participation in, be denied the benefits of, or otherwise be subject to discrimination under this Agreement. Sub-Recipient shall ensure compliance with applicable regulations set forth at 49 C.F.R. 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act. XXI. SPECIAL PROVISIONS 21.1 Sub-Recipient certifies that it is not suspended or debarred from receiving federal Page 26 of 30 l