3-04-Nondiscrimination Sexual Harassment Certification.pdf

Section 04 – Nondiscrimination/Sexual Harassment Certificate AV Upgrades for the Bucks County Public Safey Training Center

Nondiscrimination/Sexual Harassment Certification

1. Representations. The Vendor represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement.

The Vendor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

2. Nondiscrimination/Sexual Harassment Obligations. The Vendor shall not:

a. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

c. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

d. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any contractor or subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

e. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

3. Establishment of Vendor Policy. The Vendor shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period

Section 04 – Nondiscrimination/Sexual Harassment Certificate AV Upgrades for the Bucks County Public Safey Training Center of this agreement, the Vendor shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the contracted activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

4. Notification of Violations. The Vendor’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement. Accordingly, the Vendor shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

5. Cancellation or Termination of Agreement. The County may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension.

6. Contracts, and Subcontracts. The Vendor shall include these Nondiscrimination/Sexual Harassment provisions in its subcontract agreements with contractors and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Vendor’s contracts or subcontracts does not create privity of contract between the County contractor or subcontractor, and no third-party beneficiaries are created by those provisions. If the Vendor becomes aware of a contractor’s, or subcontractor’s violation of these provisions, the Vendor shall use its best efforts to ensure the contractor’s or subcontractor’s compliance with these provisions.

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