Non-Discrimination/Sexual Harassment Clause. Pursuant to 62 Pa. C.S.A. § 3701, the Concessionaire agrees as follows during the Term: (a) In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under this Agreement or any subcontract, the Concessionaire, any Contractor or any Person acting on behalf of the Concessionaire or a Contractor shall not by reason of gender, race, creed, or color discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates. (b) Neither the Concessionaire nor any Contractor nor any Person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under this Agreement on account of gender, race, creed, or color. (c) The Concessionaire and all Contractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. (d) The Concessionaire shall not discriminate by reason of gender, race, creed, or color against any Contractor or supplier who is qualified to perform the work to which the contract relates. (e) The Concessionaire and each Contractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the City for purposes of investigation to ascertain compliance with this Section 11.3. If the Concessionaire or any Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the City. (f) The Concessionaire shall include the provisions of this Section 11.3 in every subcontract so that such provisions will be binding upon each Contractor. (g) Any termination or cancellation of this Agreement as described in 62 Pa. C.S.A. § 3701 as a result of an alleged breach or failure to comply with the provisions of this Section 11.3 or 62 Pa. C.S.A. § 3701 shall be subject and pursuant to Section 16.1 of this Agreement.
Appears in 2 contracts
Samples: Concession and Lease Agreement, Concession and Lease Agreement
Non-Discrimination/Sexual Harassment Clause. Pursuant to 62 Pa. C.S.A. § 3701, The following language replaces Paragraph 35 of the Concessionaire agrees as follows during the TermStandard General Terms and Conditions (Rev. 2/15) in its entirety: The Program Subrecipient agrees:
(a) A. In the hiring of any employees employee(s) for the manufacture of supplies, performance of work, or any other activity required under this the Sub-grant Agreement the Program Subrecipient, or any subcontract, the Concessionaire, any Contractor or any Person person acting on behalf of the Concessionaire or a Contractor Program Subrecipient, shall not discriminate by reason of race, gender, race, creed, color, sexual orientation, gender identity or color discriminate expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable Federal laws, against any citizen of the this Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates.
(b) Neither the Concessionaire nor B. The Program Subrecipient, or any Contractor nor any Person person on their behalf behalf, shall not 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 employee involved in the manufacture of supplies, the performance of work or any other activity required under this Agreement on account of gender, race, creed, or colorits employees.
(c) C. The Concessionaire and all Contractors Program Subrecipient shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the Sub-grant services are performed shall satisfy this requirement for employees with an established work site.
D. The Program Subrecipient represents that it is presently in compliance with and will maintain compliance with all applicable Federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Program Subrecipient further represents that it has filed a Standard Form 100 Employer Information Report (d“EEO-1”) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for employers’ subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have Federal government Contracts of first-tier subcontracts and have 50 or more employees. The Concessionaire shall not discriminate Program Subrecipient shall, upon request and within the time periods requested by reason of genderthe Regional Subrecipient or the Commonwealth, race, creed, or color against any Contractor or supplier who is qualified to perform the work to which the contract relates.
(e) The Concessionaire and each Contractor shall furnish all necessary employment documents and records to records, including EEO-1 reports, and permit access to its their books, records, and accounts by the City granting agency and the Bureau of Diversity, Inclusion and Small Business Opportunities for purposes purpose of investigation to ascertain ascertaining compliance with this Section 11.3. If the Concessionaire or any Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the City.
(f) The Concessionaire shall include the provisions of this Section 11.3 in every subcontract so that such provisions will be binding upon each Contractor.
(g) Any termination or cancellation of this Agreement as described in 62 Pa. C.S.A. § 3701 as a result of an alleged breach or failure to comply with the provisions of this Section 11.3 or 62 Pa. C.S.A. § 3701 shall be subject and Nondiscrimination/Sexual Harassment Clause.
E. The Program Subrecipient’s obligations pursuant to Section 16.1 these provisions are ongoing from and after the effective date of the Sub-grant Agreement through the termination date thereof. Accordingly, the Program Subrecipient shall have an obligation to inform the Regional Subrecipient if, at any time during the term of the Sub-grant Agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.
F. The Regional Subrecipient may cancel or terminate the Sub-grant Agreement, and all money due or to become due under the Sub-grant Agreement may be forfeited for a violation of the terms and conditions of this AgreementNondiscrimination/Sexual Harassment Clause. In addition, the Regional Subrecipient may proceed with debarment or suspension and may place the Program Subrecipient in the Contractor Responsibility File.
Appears in 1 contract
Samples: Sub Grant Agreement
Non-Discrimination/Sexual Harassment Clause. Pursuant to 62 Pa. C.S.A. § 3701, the Concessionaire agrees as follows during the Term:Term:
(a) In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under this Agreement or any subcontract, the Concessionaire, any Contractor or any Person acting on behalf of the Concessionaire or a Contractor shall not by reason of gender, race, creed, or color or any other status protected by law discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates.
(b) Neither the Concessionaire nor any Contractor nor any Person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under this Agreement on account of gender, race, creed, or color.
(c) The Concessionaire and all Contractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.
(d) The Concessionaire shall not discriminate by reason of gender, race, creed, or color or any other status protected by law against any Contractor or supplier who is qualified to perform the work to which the contract relates.
(e) The Concessionaire shall and shall ensure that each Contractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the City Authority for purposes of investigation to ascertain compliance with this Section 11.3; all of the foregoing subject to applicable Law, including but not limited to the Authority’s commitment consistent with its obligations under the Right-to-Know Law to maintain the confidentiality of such employment related information. If the Concessionaire or any Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the CityAuthority.
(f) The Concessionaire shall include the provisions of this Section 11.3 in every subcontract so that such provisions will be binding upon each Contractor.
(g) Any termination or cancellation of this Agreement as described in 62 Pa. C.S.A. § 3701 as a result of an alleged breach or failure to comply with the provisions of this Section 11.3 or 62 Pa. C.S.A. § 3701 shall be subject and pursuant to Section 16.1 of this Agreement.
Appears in 1 contract
Samples: Concession and Lease Agreement
Non-Discrimination/Sexual Harassment Clause. Pursuant to 62 Pa. C.S.A. Pa.C.S. § 3701, the Concessionaire agrees as follows during the Term:
(a) In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under this Agreement or any subcontract, the Concessionaire, any Contractor or any Person acting on behalf of the Concessionaire or a Contractor shall not by reason of gender, race, creed, or color discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates.
(b) Neither the Concessionaire nor any Contractor nor any Person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under this Agreement on account of gender, race, creed, or color.
(c) The Concessionaire and all Contractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.
(d) The Concessionaire shall not discriminate by reason of gender, race, creed, or color against any Contractor or supplier who is qualified to perform the work to which the contract relates.
(e) The Concessionaire and each Contractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the City for purposes of investigation to ascertain compliance with this Section 11.3. If the Concessionaire or any Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the City.
(f) The Concessionaire shall include the provisions of this Section 11.3 in every subcontract so that such provisions will be binding upon each Contractor.
(g) Any termination or cancellation of this Agreement as described in 62 Pa. C.S.A. § 3701 as a result of an alleged breach or failure to comply with the provisions of this Section 11.3 or 62 Pa. C.S.A. § 3701 shall be subject and pursuant to Section 16.1 of this Agreement.
Appears in 1 contract
Samples: Concession Agreement