5-004533 - Nondiscrimination-Sexual Harassment Clause Rev. 5-18.pdf
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- Attached to
- Leola Community Park
- Solicitation number
- Not on record
- Issued by
- Lancaster County, Pennsylvania
About this file
This is a Nondiscrimination-Sexual Harassment Clause document applicable to Upper Leacock Township's July 2026 Leola Community Park Project in Lancaster County, Pennsylvania. The clause establishes mandatory compliance requirements for the grantee and all subcontractors regarding federal, state, and local nondiscrimination and sexual harassment laws. The grantee must maintain written nondiscrimination and sexual harassment policies compliant with the Pennsylvania Human Relations Act and applicable federal law, prohibiting discrimination based on race, gender, creed, color, sexual orientation, gender identity or expression. The grantee is required to post these policies conspicuously in accessible locations frequented by employees or provide electronic notice annually. The grantee must notify the Commonwealth of any violations during the agreement term and shall include identical nondiscrimination provisions in all subgrant agreements, contracts, and subcontracts with subgrantees, contractors, and subcontractors providing goods or services under the agreement.
The Commonwealth retains authority to cancel or terminate the agreement and forfeit all money due or to become due for violations of these provisions, and may proceed with debarment or suspension proceedings, potentially placing the grantee in the Contractor Responsibility File. The grantee must furnish all necessary employment documents and records, including EEO-1 reports, and permit Commonwealth access to books, records, and accounts to verify compliance. These nondiscrimination obligations remain ongoing from the effective date through the termination date of the agreement, with the grantee bearing responsibility to use best efforts to ensure subgrantees', contractors', and subcontractors' compliance with the provisions.
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Text version
Upper Leacock Township July 2026 Leola Community Park Project
NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS 004533-1
RETTEW Project No.: 0573903528
NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
1. Representations. The Grantee 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 Grantee 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 Grantee 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 subgrantee, contractor, 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 Grantee Policy. The Grantee 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 of this agreement, the Grantee 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
Upper Leacock Township July 2026 Leola Community Park Project
NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS 004533-2
RETTEW Project No.: 0573903528 where the grant 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 Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement.
Accordingly, the Grantee 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 Commonwealth 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 and may place the Grantee in the Contractor Responsibility File.
6. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these
Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.
Bidder Acknowledgement Date
DCNR-2024-Gen Gen-GPM-1
Rev. 1/2024
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