Common use of Termination of ACDBE Subcontractor Clause in Contracts

Termination of ACDBE Subcontractor. Concessionaire must not terminate for convenience an ACDBE Subcontractor and then perform the work of the terminated subcontract with its own forces or those of an affiliate without the Director of the Office of Business Opportunities prior written consent. When an ACDBE Subcontractor is terminated or fails to complete its work on this Agreement for any reason, Concessionaire must notify the Director of the Office of Business Opportunities in writing prior to any such termination and must make good faith efforts to find another ACDBE Subcontractor to substitute for the original ACDBE. These good faith efforts shall be directed at finding another ACDBE to perform at least the same amount of work under Agreement as the ACDBE that was terminated, to the extent needed to meet the contract goal. It is the policy of both the DOT and the City that ACDBEs as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds and in concession agreements on the Airports. Consequently, the ACDBE requirements of 49 CFR Part 23, are hereby included in this Agreement. Concessionaire agrees to ensure that ACDBEs, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts under this Agreement. In this regard, the City and its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that ACDBEs have the maximum opportunity to compete for and perform contracts hereunder. The City, Concessionaire, and its Subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award of performance of this Agreement. Concessionaire shall as a condition hereunder make Good Faith Efforts to provide participation (through subcontracts and/or joint ventures) in performance hereunder for small business concerns Owned, Controlled and Managed (as defined by the Ordinance) by socially and economically disadvantaged individuals ("DBE") (as defined by the Ordinance) equal to 26% of the Gross Sales hereunder. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. Concessionaire will be required to submit information concerning the ACDBE's that will participate in this Agreement. The information will include the name and address of each ACDBE, a description of the work to be performed by each named firm, and the dollar value of the contract or subcontract. Failure of Concessionaire to carry-out the DOT policy and the ACDBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of this Agreement or such other remedy as deemed appropriate by the City. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. Concessionaire agrees to include the above statements, as necessary, to meet the overall goal of 26% in any subsequent concession agreements that it enters and causes those businesses to similarly include the statements in further agreements.

Termination of ACDBE Subcontractor. Concessionaire must not terminate for convenience an a ACDBE Subcontractor subcontractor and then perform the work of the terminated subcontract with its own forces or those of an affiliate without the Director of the Office of Business Opportunities Opportunities’ prior written consent. When an a ACDBE Subcontractor subcontractor is terminated or fails to complete its work on this Agreement the contract for any reason, Concessionaire must notify the Director of the Office of Business Opportunities City in writing prior to any such termination and must make good faith efforts to find another ACDBE Subcontractor subcontractor to substitute for the original ACDBE. These good faith efforts shall be directed at finding another ACDBE to perform at least the same amount of work under Agreement the contract as the ACDBE that was terminated, to the extent needed to meet the contract goal. It is the policy of both the DOT and the City that ACDBEs as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds and in concession agreements on the Airports. Consequently, the ACDBE requirements of 49 CFR Part 23, are hereby included in this Agreement. Concessionaire agrees to ensure that ACDBEs, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts under this Agreement. In this regard, the City and its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that ACDBEs have the maximum opportunity to compete for and perform contracts hereunder. The City, Concessionaire, and its Subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award of performance of this Agreement. Concessionaire shall as a condition hereunder make Good Faith Efforts to provide participation (through subcontracts and/or joint ventures) in performance hereunder for small business concerns Owned, Controlled and Managed (as defined by the Ordinance) by socially and economically disadvantaged individuals ("DBEDBE ") (as defined by the Ordinance) equal to 2638% of the Gross Sales hereunder. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. Concessionaire will be required to submit information concerning the ACDBE's that will participate in this Agreement. The information will include the name and address of each ACDBE, a description of the work to be performed by each named firm, and the dollar value of the contract or subcontract. Failure of Concessionaire to carry-out the DOT policy and the ACDBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of this Agreement or such other remedy as deemed appropriate by the City. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. Concessionaire agrees to include the above statements, as necessary, to meet the overall goal of 26% 38%, in any subsequent concession agreements that it enters and causes those businesses to similarly include the statements in further agreements.

Termination of ACDBE Subcontractor. Concessionaire must not terminate for convenience an ACDBE Subcontractor and then perform the work of the terminated subcontract with its own forces or those of an affiliate without the Director of the Office of Business Opportunities prior written consent. When an ACDBE Subcontractor is terminated or fails to complete its work on this Agreement for any reason, Concessionaire must notify the Director of the Office of Business Opportunities in writing prior to any such termination and must make good faith efforts to find another ACDBE Subcontractor to substitute for the original ACDBE. These good faith efforts shall be directed at finding another ACDBE to perform at least the same amount of work under Agreement as the ACDBE that was terminated, to the extent needed to meet the contract goal. It is the policy of both the DOT and the City that ACDBEs as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds and in concession agreements on the Airports. Consequently, the ACDBE requirements of 49 CFR Part 23, are hereby included in this Agreement. Concessionaire agrees to ensure that ACDBEs, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts under this Agreement. In this regard, the City and its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that ACDBEs have the maximum opportunity to compete for and perform contracts hereunder. The City, Concessionaire, and its Subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award of performance of this Agreement. Concessionaire shall as a condition hereunder make Good Faith Efforts to provide participation (through subcontracts and/or joint ventures) in performance hereunder for small business concerns Owned, Controlled and Managed (as defined by the Ordinance) by socially and economically disadvantaged individuals ("DBE") (as defined by the Ordinance) equal to 2630% of the Gross Sales hereunder. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. Concessionaire will be required to submit information concerning the ACDBE's that will participate in this Agreement. The information will include the name and address of each ACDBE, a description of the work to be performed by each named firm, and the dollar value of the contract or subcontract. Failure of Concessionaire to carry-out the DOT policy and the ACDBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of this Agreement or such other remedy as deemed appropriate by the City. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. Concessionaire agrees to include the above statements, as necessary, to meet the overall goal of 26% 30%, in any subsequent concession agreements that it enters and causes those businesses to similarly include the statements in further agreements.

Termination of ACDBE Subcontractor. Concessionaire must not terminate for convenience an ACDBE Subcontractor and then perform the work of the terminated subcontract with its own forces or those of an affiliate without the Director of the Office of Business Opportunities prior written consent. When an ACDBE Subcontractor is terminated or fails to complete its work on this Agreement for any reason, Concessionaire must notify the Director of the Office of Business Opportunities in writing prior to any such termination and must make good faith efforts to find another ACDBE Subcontractor to substitute for the original ACDBE. These good faith efforts shall be directed at finding another ACDBE to perform at least the same amount of work under Agreement as the ACDBE that was terminated, to the extent needed to meet the contract goal. It is the policy of both the DOT and the City that ACDBEs as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds and in concession agreements on the Airports. Consequently, the ACDBE requirements of 49 CFR Part 23, are hereby included in this Agreement. Concessionaire agrees to ensure that ACDBEs, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts under this Agreement. In this regard, the City and its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that ACDBEs have the maximum opportunity to compete for and perform contracts hereunder. The City, Concessionaire, and its Subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award of performance of this Agreement. Concessionaire shall as a condition hereunder make Good Faith Efforts to provide participation (through subcontracts and/or joint ventures) in performance hereunder for small business concerns Owned, Controlled and Managed (as defined by the Ordinance) by socially and economically disadvantaged individuals ("DBE") (as defined by the Ordinance) equal to 2632% of the Gross Sales hereunder. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. Concessionaire will be required to submit information concerning the ACDBE's that will participate in this Agreement. The information will include the name and address of each ACDBE, a description of the work to be performed by each named firm, and the dollar value of the contract or subcontract. Failure of Concessionaire to carry-out the DOT policy and the ACDBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of this Agreement or such other remedy as deemed appropriate by the City. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. Concessionaire agrees to include the above statements, as necessary, to meet the overall goal of 2632% in any subsequent concession agreements that it enters and causes those businesses to similarly include the statements in further agreements.