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EXHIBIT 10.26
AIRPORT LICENSE AND AGREEMENT
This Airport License and Agreement ("License") is entered into this
__________ day of _________, 19___, between the City of Chicago, a municipal
corporation and a home rule unit of local government under Sections 1 and
6(a), respectively, of Article VII of the 1970 Constitution of the State of
Illinois ("Licensor"), and _______________________________, a corporation duly
organized and existing under the laws of the State of _____________________
("Licensee").
In consideration of the mutual promises and covenants set forth
herein, Licensor and Licensee agree as follows:
1. Airport Use. Subject to the terms and conditions set forth
herein, Licensor grants to Licensee a nonexclusive right to use
_______________________________________________________________ ("Airport")
solely for the landing, taking off, flying over, taxiing, loading, and
unloading of aircraft operated by Licensee, and any functions incidental
thereto. In furtherance thereof, Licensee may be permitted to use such apron
and ramp areas for loading and unloading as may be designated by the
Commissioner of the Department of Aviation ("Commissioner"). This License shall
not enlarge or diminish Licensee's rights regarding any use of other airport
facilities to which it may be entitled by virtue of other contractual
relationships.
2. Term. The term of the License shall be for one calendar
month, commencing on _______________________________, and continuing for
additional periods of one calendar month each, not to exceed a total of three
years. The License is revocable at will by the Commissioner, with or without
cause, provided the Commissioner first gives Licensee thirty (30) days written
notice in accordance with the terms and conditions hereof. Licensee shall
provide Licensor with written notice no less than thirty (30) days prior to
discontinuance of operations at the Airport.
3. Fees and Charges. In return for the use of the facilities and
for the privileges granted herein, Licensee agrees to pay Licensor the
Signatory, Non Party or such other rate for fees and charges at the Airport,
identified in Paragraph 1 herein, as may be applicable, without need for notice
or demand by Licensor and without deduction or set off.
No additional charges shall be assessed in the event Licensee's
aircraft from the Airport for another destination, and the aircraft, without
making a stop at some other airport, is forced to return to and land at the
Airport because of meteorological conditions, mechanical or operating causes,
or for any similar emergency or precautionary reason.
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4. Monthly Activity Report. Licensee shall furnish to Licensor
on or before the 10th day of each month, in such form and detail as may be
requested by the Commissioner, a true and accurate report of Licensee's
operations at the Airport during the preceding month, setting forth all data
necessary to calculate the fees and charges due and owing the City. This
report shall include, but shall not necessarily be limited to, Licensee's total
number of landings for the month by type of aircraft; the maximum gross
certified landing weight of each aircraft; the total number of enplaning and
deplaning passengers; and the amount of cargo, freight, and mail loaded and
unloaded for such month. Licensor shall certify the report and send it to the
Commissioner in care of the Department of Aviation Administrative Office, 00
Xxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000.
5. Method of Payment of Fees and Charges. Following receipt of
the monthly activity report, Licensor shall transmit to Licensee a statement of
the fees and charges incurred by Licensee during the reported month and the
fees and charges shall be paid by Licensee no more than fifteen (15) days after
the date of the statement. Notwithstanding acceptance by Licensor of any
payment made by Licensee, Licensor shall have the right to question the
accuracy of Licensee's report, and to audit Licensee's records upon which such
reports were based. Licensee agrees to maintain original copies of all such
reports for a minimum of three years from the date of creation and to make
them readily available at the Department of Aviation Administrative Office,
upon reasonable demand therefor by Licensor.
If Licensee fails to furnish Licensor with the monthly activity
report when due, Licensee's landing fee shall be determined by assuming that
the total landing weight for such month was 200% of its total landed weight for
the highest reported month for which such data is available for Licensee. Any
necessary adjustment in such landing fee shall not be calculated by Licensor
until an accurate report is delivered to Licensor by Licensee. Resulting
surpluses or deficits shall be applied as credits or charges to the statement
issued for the next succeeding month.
Licensee shall make all payments when due at the office of the City
Comptroller, Room 501, City Hall, 000 X. XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx
00000, or at such other place as may be designated by the Office of the City
Comptroller.
6. Rules and Regulations. Licensee shall comply with all
applicable Federal, State, and local government laws, rules, and regulations,
including without limitation the rules, regulations, and ordinances of
Licensor, which are now or hereafter in effect.
7. Indemnification. Licensee agrees to indemnify, defend, save,
and hold Licensor fully harmless from and against all
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liabilities, losses, suits, claims, judgments, fines, or demands of every kind
and nature (including all reasonable costs for investigation, reasonable
attorneys' fees, court costs, and expert's fees) arising from, related to, or
caused by Licensee's use of, or occupancy of, or operations at the Airport;
provided, however, that Licensee shall not be liable solely and to the extent
any injury, damage or loss is caused by the gross negligence of Licensor, its
agents, officials, or employees.
8. Non-Liability of Licensor. Licensor shall not be liable for
any acts or omissions of Licensee, or its agents, servants, officials,
employees, or independent contractors; or for any conditions resulting from the
operations or activities of Licensee, its agents, servants, employees,
officials, or independent contractors; or for any loss or damage to any
personal property or equipment of Licensee, it agents, servants, employees,
officials, or independent contractors.
9. Insurance. Licensee shall, at its own expense, procure and
keep in force at all times during the term of this License, or any renewal
thereof, with a company acceptable to Licensor, insurance with such coverages
and limits as may be reasonably directed by the Licensor's Risk Manager, but in
no event less than that required by the guidelines issued by the Airport
Operators Council International ("AOCI"). Licensee shall cause Licensor to be
named as an additional insured on all such policies and shall furnish
Licensor's Risk Manager with proper certificate evidencing that such insurance
is in force. At least thirty (30) days notice must be given to Licensor prior
to cancellation of or change in insurance coverage. Licensor reserves the
right to change the insurance requirements during the term of the License.
10. Security. Concurrent with the execution of this License,
Licensee shall deposit with the Comptroller of the City of Chicago
("Comptroller") security in such form and amount as may be reasonably requested
by Licensor to guarantee Licensee's performance of its obligations hereunder.
11. Delinquent Fees. There shall be added to all sums due
Licensor by way of this License an interest charge of 1/2% of the principal sum
for each full calendar month of delinquency, or 18% per annum, computed as
simple interest. No interest shall be charged upon that portion of any debt
which, in good faith, is in dispute. No interest shall be charged upon any
account until payment is thirty (30) days overdue, but interest shall be
computed and assessed as of the original due date.
12. Non-Discrimination Clause. Licensee for itself, its personal
representatives, successors in interest, and assigns, does hereby covenant and
agree:
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(a) That no person on the grounds of race, creed, color,
religion, age, sex, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of its facilities.
(b) That in the construction of any improvements on, over, or
under such facilities and the furnishing of services thereon,
no person on the grounds of race, creed, color, religion,
age, sex, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination.
(c) That Licensee shall use the Airport in compliance with all
other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Office
of the Secretary, Part 21, Subtitle A, Nondiscrimination in
Federally-assisted programs of the Department of
Transportation, Effectuation of Title VI of the Civil Rights
Act of 1964, as may be amended.
(d) That Licensee shall furnish services on a fair, equal, and
not unjustly discriminatory basis to all users thereof and
shall charge fair, reasonable, and not unjustly
discriminatory prices for each unit of service; provided that
Licensee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types
of price reduction to volume purchasers.
13. Not Exclusive Right. It is hereby agreed that nothing herein
contained shall be construed to grant, or authorize the granting of, an
exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958,
as amended, and Licensor reserves the right to grant to others the privilege
and right of conducting any one or all activities of an aeronautical nature.
14. Notices. Notices shall be in writing and shall be delivered
personally or by registered mail, return receipt requested, to the following:
Licensor: Commissioner
Department of Aviation
00 Xxxxx Xxxxx Xxxxxx
Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
Licensee:
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or such other place as either party shall in writing designate in the manner
provided herein. Notices delivered personally shall be effective upon receipt.
Notices delivered by mail shall be effective upon date of mailing.
15. Operations. Licensee shall be responsible for any and all
charges incurred in connection with its operations under this License.
Licensee shall further restore and replace any property damaged as a result of
Licensee's operations. Licensee shall conduct its operations in a clean,
sanitary, and safe manner, and be responsible for any maintenance which is a
result of Licensee's operations.
16. Not assignable. This License is personal and is granted
solely to the Licensee identified herein and shall not be assigned to or
assumed by any other party.
17. Certifications. Licensee shall provide Licensor with such
proof that Licensor is a validly licensed and certified aircraft operator, that
Licensor is authorized to do business and is in good standing in Illinois, and
that Licensor is fiscally sound, all as may be reasonably requested by
Licensor. Licensee shall further complete such certificates as may be
reasonably be requested by Licensor in connection with the execution of public
contracts or as may be required by law.
18. Authority. Execution by Licensor is authorized by ordinance
passed by the City Council of the City of Chicago on ________________________
(C.J.P., p. _____________ ). Execution by Licensee is authorized
by _____________________________________________________.
19. Applicable Law. This Agreement shall be deemed to have been
made in, and shall be construed in accordance with, the laws of the State of
Illinois.
20. Prior Agreements. This Agreement shall supersede all prior
agreements between Licensor and Licensee.
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IN WITNESS WHEREOF, the parties have caused this License to be
executed on the date first written above.
Approved: CITY
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City Comptroller Commissioner
Department of Aviation
APPROVED AS TO FORM AND LEGALITY:
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Corporation Counsel.
AIRLINE
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By:
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Title:
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Agent in Illinois for Service ATTEST:
of Notice or Process:
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Name: By:
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Title:
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Address:
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[MAP OF CHICAGO MIDWAY AIRPORT]
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[MAP OF CHICAGO MIDWAY AIRPORT TERMINAL BUILDING]
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CHICAGO MIDWAY AIRPORT
FACILITIES LICENSE
FOR THE USE OF CITY-CONTROLLED FACILITIES
This facilities license agreement ("License") is made and entered into
this ________________________ day of ____________________________ ,
____________ , by and between the City of Chicago, acting through its
Department of Aviation ("City"), and ______________________________________, a
________________________________________________________ ("Airline").
RECITALS
WHEREAS, Licensor operates an airport known as Chicago Midway Airport
("Airport"), and possesses the power and authority to lease premises and
facilities and to grant other rights and privileges with respect thereto; and
WHEREAS, Licensee desires to use certain space at the Airport, more
specifically identified on Exhibit 1, attached hereto and incorporated by
reference herein ("Facilities"), in order to conduct operations related to its
air transportation business; and
WHEREAS, Licensor is willing to permit the use of the Facilities,
subject to certain terms and conditions;
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties hereto covenant and
agree as follows:
Article I Incorporation of Recitals
1.01 Incorporation of Recitals
The recitals set forth above are incorporated by reference as if fully
set forth herein.
Article II Facilities
2.01 Use of Facilities
Licensor hereby grants, and Licensee hereby accepts, a License for the
use of the Facilities, subject to the terms and conditions of this License, and
to all applicable Federal, State, and local laws, regulations, rules, codes,
ordinances, and executive orders, solely to conduct operations directly related
to its air transportation business and for no other
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purpose. The use of the Facilities by the Licensee shall be further subject to
those procedures and schedules established by the Commissioner of the
Department of Aviation ("Commissioner") in his sole discretion. This License
shall not be construed to grant Licensee the right to use the Facilities for
any purpose which would have been prohibited under the terms and conditions of
the Chicago Midway Airport Use Agreement and Facilities Lease authorized by
ordinance passed by the City Council of the City of Chicago on August 4, 1993
(C.J.P., p. 36496) ("Use Agreement").
2.02 Access
Licensee shall have ready and convenient access to the Facilities,
subject to the rules and regulations of the Airport, including, but not limited
to, the security and safety rules of the FAA and City. The License is subject
to a reservation of rights by Licensor for access to the Facilities for
maintenance, repair, and inspection. Licensor shall give Licensee reasonable
notice prior to its exercise of such right.
2.03 Relocation
If at any time before the termination, by expiration or otherwise, of
this License, Licensor desires to change the location of the Facilities, such
relocation shall be at the expense of Licensee. Licensor shall give notice to
Licensee of Licensor's intent to relocate Licensee thirty (30) days prior to
the effective date of the relocation. Such notice shall include a description
of the new facilities and the effective date of such relocation. The terms and
conditions of this License shall apply to the new premises under such
relocation and Exhibit 1 hereto may be revised by the Licensor to show the
relocated facilities without need for a formal amendment to this License.
2.04 Present Condition of the Facilities
Licensee, by the execution of this License, accepts the Facilities in
an "as-is" condition. Licensor makes no warranty, either express or implied,
as to the condition of the Facilities or that the Facilities will be suitable
for Licensee's purposes or needs.
2.05 Modifications to Facilities
(a) Subject to the prior written approval of the Commissioner,
Licensee may, from time to time, install equipment and improvements and modify
or expand existing facilities or improvements in the Facilities to which it has
been granted exclusive use if any. Before entering into any contract for such
work, Licensee shall first submit to the Commissioner for prior written
approval a construction application together with complete plans and
specifications of the proposed work. If requested by the Commissioner,
Licensee shall require the contractor to furnish a performance bond and payment
bond, approved as to form and substance by the Commissioner. The approval of
the construction application and plans and specifications shall not be
unreasonably withheld. Licensee shall reimburse the Commissioner for the cost
of any professional services
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needed in connection with the review of the construction plan, promptly upon
demand thereof.
(b) Licensee shall, and shall cause its contractor(s) to,
indemnify, hold harmless, and defend City, its officers, agents, and employees
against losses (except to the extent such losses are caused by City's
negligence), occasioned by death, injury to persons or damage to property,
arising out of or in connection with the performance of construction work,
against the risk of loss or damage to the construction prior to the completion
thereof, and against losses resulting from claims and demands by third persons
arising out of the performance of the construction work. Licensee shall
provide, or shall require its contractor(s) to provide, liability insurance
covering the foregoing, and naming the City as an additional insured. Licensee
shall also include in any construction contract such provisions as may
reasonably be required by the Commissioner relating to the operation of the
contractor at the Airport.
(c) All work performed by Licensee or its contractor(s), including
all workmanship and materials, shall be of acceptable quality and shall be
performed in accordance with the plans and specifications approved by the
Commissioner. Such work may be inspected by the Commissioner, or the
authorized representative of the Commissioner, at any time. Licensee shall
reimburse the Commissioner for the reasonable costs of such inspection,
promptly upon demand therefor.
(d) Licensee shall deliver to the Commissioner "as built" drawings
of the work performed by it and shall keep such drawings current, showing any
changes or modifications made in or to the Facilities.
(e) Licensee shall discharge when due all obligations to
contractors, subcontractors, materialmen, workmen, suppliers, and others for
all work performed and for all materials furnished for or on account of
Licensee.
(f) Licensee shall keep the Facilities and the equipment and
improvements situated thereon free and clear of any and all liens in any way
arising out of the construction, improvement, or use of the Facilities by
Licensee; provided, however, that Licensee may in good faith contest the
validity of any lien.
2.06 Utilities
Licensee shall be responsible for payment of all cost of water,
electricity, natural gas, telephone service, and all other utility services in
connection with its use of the Facilities, whether furnished by Licensor or
purchased by Licensor on behalf of Licensee, or furnished to Licensee by
independent contractors.
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2.07 Taxes, Licenses, and Permits
Licensee shall pay all taxes and obtain all necessary licenses,
inspections, permits, certificates or other authorizations needed in connection
with its use of the Facilities.
2.08 Operations
Licensee shall be responsible for any and all charges incurred in
connection with its operations. Licensee shall further restore and replace any
property damaged as a result of Licensee's operations. Airline shall conduct
its operations in a clean, sanitary, and safe manner, and shall be responsible
for any maintenance which is a result of Licensee's operations.
2.09 Non-assignment
This License is personal and is granted solely to Licensee and solely
for the purposes stated herein. Licensee shall not assign this License to any
other party without the written consent of the Commissioner. Any attempted
assignment without such consent shall be void and without effect as to the
Licensor.
Article III Duration of License
3.01 Duration of License
Licensee understands and agrees that the property interest established
by this License is a license, and not a lease, as that term is defined by
applicable law, and that the License is revocable at will by the Commissioner,
with or without cause, provided the Commissioner first gives Licensee thirty
(30) days written notice in accordance with the terms and conditions hereof. In
the event Licensee no longer possesses the necessary licenses, permits, or other
authorizations in connection with the use of the Facilities, or its air
transportation business, the Commissioner may revoke this License upon
ten (10) days notice. The duration of this License shall not exceed three
years from the date of issuance.
3.02 Vacation of Facilities
In the event Licensee intends to cease operations at the Airport,
Licensee shall provide Licensor with written notice no less than thirty (30)
days prior to its vacation of the Facilities.
3.03 Return of Facilities
(a) Licensee covenants and agrees to yield and deliver peaceably
to Licensor possession of the Facilities on the date of the termination, by
expiration or otherwise, of this License, promptly and in as good condition as
at the issuance of the License,
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reasonable wear and tear excepted or, if improved, in as good condition as of
the completion date of the last improvement made to the Facilities, reasonable
wear and tear excepted.
(b) The personal property owned and placed or installed by
Licensee in or on the Facilities shall remain the property of Licensee and must
be removed on or before the termination, by expiration or otherwise, of the
License, at the Licensee's sole risk and expense. Any damage to the Airport,
the structure, the Facilities, or any fixtures or improvements located therein,
resulting from such removal shall be paid for by Licensee. Upon the
termination, by expiration or otherwise, of this License, Licensee shall have
thirty (30) days during which to remove such property; provided, however,
Licensor shall have the right to assert such lien or liens against said
property as Licensor may by law be permitted. So long as any such property
remains in the Facilities, Licensee's obligation to pay any fees shall continue
with respect to the Facilities.
(c) If Licensee's property is not removed as herein provided,
Licensee shall be deemed to have waived its rights, if any, under the Forcible
Entry and Detainer Act, III. Rev. Xxxx. Xx. 000, X.0-000, and Licensor may, at
its option, deem such property abandoned and keep such property or, after
written notice to Licensee and at Licensee's sole risk and expense, remove such
property to a public warehouse for deposit, or retain the same in Licensor's
possession and after the expiration of thirty (30) days sell the same, with
notice and in accordance with applicable law, the proceeds of which shall be
applied first to the expenses of such removal and sale, second to any sum owed
by Licensee to Licensor, and any balance remaining shall be paid to Licensee.
Article IV Payment of License Fees
4.01 Basis of Payment
(a) If administrative or ticket counter space, Licensee shall pay
Licensor for the use of the Facilities a fee calculated by multiplying the
amount of square footage comprising the Facilities by 125% of the then current
Terminal Rental rate charged signatories to the Use Agreement. This fee will
be prorated based upon use if the Facilities have been used on a non-exclusive
basis.
(b) Licensee shall pay Licensor for the use of any Airport
equipment on a cost recovery basis.
(c) If gate or jetway facilities are sued, Licensee shall pay
Licensor a fee based on the current "per turn" rate.
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4.02 Place of Payment and Late Fees
(a) All amounts due from Airline hereunder shall be paid to the
City at the Office of the City's Comptroller or at such other place as may be
hereafter designated by the City's Comptroller.
(b) Any amount which is not paid within five (5) days of when due
and, if appropriate, invoiced, shall bear interest from its due date at a rate
10% per month.
(c) Notwithstanding the foregoing, Airline shall not xxxxx,
suspend, postpone, setoff, or discontinue any payments of fees payable
hereunder.
4.03 Security Deposit
Licensee shall provide the City a security deposit equivalent to 60
days of estimated fees.
Article V Indemnity and Insurance
5.01 Indemnity
Licensee agrees to indemnify, defend, save, and hold Licensor fully
harmless from and against all liabilities, losses, suits, claims, judgments,
fines, or demands of every kind and nature (including all reasonable costs for
investigation, reasonable attorneys' fees, court costs, and expert's fees)
arising from, related to, or caused by Licensee's use of, or occupancy of, or
operations at the Airport; provided, however, that Licensee shall not be liable
solely and to the extent any injury, damage or loss is caused by the gross
negligence of Licensor, its agents, officials, or employees.
5.02 Insurance
Licensee agrees to provide insurance coverage equivalent to that
required under Section 13.02 of the Use Agreement.
Article VI Compliance
6.01 Compliance with all Laws
Licensee shall observe and comply with, and shall cause its
contractor(s) to observe and comply with, and pay all taxes and obtain all
licenses, certificates, and other authorizations required by, all applicable
Federal, state, county, and municipal laws, statutes, ordinances, and executive
orders, including, but not limited to, those set forth below. Licensee agrees
to make a part of and incorporate into this License, by reference or by setting
forth at length, at the option of the Licensor, any and all statutes, rules and
regulations required pursuant thereto which may now or hereafter be required by
any
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Federal, state, county, and municipal agency. Further, Licensee shall execute,
and shall cause its contractors to execute, a Contractor's Affidavit in the
form attached hereto as Exhibit 3.
Notwithstanding anything herein to the contrary, references herein to
a statute or law shall be deemed to be a reference to (i) such statute or law
as may be amended from time to time; (ii) all regulations and rules, pertaining
to or promulgated pursuant to such statute or law; and (iii) all future
statutes, laws, regulations, rules, and executive orders pertaining to the same
or similar subject matter.
a. Nondiscrimination
(1) Federal Requirements
This License involves the use of or access to space on, over
or under real property acquired or improved under federal aid
programs of the Federal Aviation Administration, and,
therefore, involves activity which serves the public. The
Licensee, for itself, its personal representative, successors
in interest, and assigns, as part of the consideration hereof,
does hereby covenant and agree that (i) no person on the
grounds of race, creed, color, religion, age, sex or national
origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination in
the use of said facilities; or (ii) that no person on the
ground of race, creed, color, religion, age, sex, or national
origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination in
the construction of improvements on, over, or under such land
and the furnishing of services thereon; and (iii) that
Licensee shall use the Facilities in compliance with all other
requirements imposed by or pursuant to regulations of the
United States Department of Transportation.
The Licensee further agrees to furnish services in the United
States in compliance with Federal law and on a fair and not
unjustly discriminatory basis, including prices for each unit
of service; provided, that the Licensee may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions.
It shall be an unlawful employment practice for Licensee (i) to
fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect
to his compensation, or the terms, conditions, or privileges of
his employment, because of such individual's race, color,
religion, sex, age, handicap/disability, or national origin; or
(ii) to limit, segregate, or classify his employees or
applicants for employment in any way which would deprive or
tend to deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee,
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because of such individual's race, color, religion,
sex, age, handicap/disability, or national origin.
Licensee shall comply with The Civil Rights Act of
1964, 42 U.S.C. sec. 2000 et seq. (1981), as amended and the
Civil Rights Act of 1991, P.L. 102-166. Attention is called
to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965),
reprinted in 42 U.S.C. 2000(e) note, as amended by Exec. Order
No. 11,375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No.
12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42
U.S.C. sec. 6101-6106 (1981); Rehabilitation Act of 1973, 29
U.S.C. sec. 793-794 (1981); Americans with Disabilities Act,
42 U.S.C.; and 41 C.F.R. Part 60 et seq. (1990).
(2) State Requirements
Licensee shall comply with the Illinois Human Rights
Act, 775 ILCS 5/1-101 et seq., as amended and any rules and
regulations promulgated in accordance therewith, including,
but not limited to the Equal Employment Opportunity Clause, 5
Ill. Admin. Code Section 750 Appendix A. Furthermore, Licensee
shall comply with the Discrimination in Public Contracts Act,
775 ILCS 10/0.01 et seq. (1990), as amended.
(3) Municipal Code Requirements
Licensee shall comply with the Chicago Human Rights
Ordinance, ch. 2-160, section 0-000-000 et seq. of the Chicago
Municipal Code (1990), as amended. Further, Licensee shall
furnish and shall cause its contractors to furnish such
reports and information as requested by the Chicago Commission
on Human Relations.
(b) Ethics
Licensee warrants that no officer, agent or employee of Licensor is
employed by Licensee or has a financial interest directly or
indirectly in this License or the compensation to be paid hereunder,
except as may be permitted in writing by the Board of Ethics
established pursuant to be the Municipal Code of Chicago (Chapter
2-156); and that no payment, gratuity or offer of employment shall be
made in connection with this License by or on behalf of any contractor
or anyone associated therewith, as an inducement for the award of a
subcontract or order; and Licensee further acknowledges that any
contract entered into, negotiated, or performed in violation of any of
the provisions of Chapter 2-156 shall be voidable as to the Licensor.
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(c) Ineligibility
Licensee warrants that Licensee and, to the best of its
knowledge, its contractors are not in violation of the provisions of
Section 2-92-320 of Chapter 2-92 of the Municipal Code of Chicago,
and in connection therewith, and additionally in connection with the
Illinois Criminal Code, 720 ILCS 5/33E as amended, and the Illinois
Municipal Code, 65 ILCS 5/11-42.1-1.
(d) Inspector General
Licensee shall cooperate, and shall cause its contractors to
cooperate, with the Inspector General in any investigation or hearing
undertaken pursuant to Chapter 2-56 of the Municipal Code of Chicago.
(e) XxxXxxxx Ordinance
Licensor, through the passage of the XxxXxxxx Principles Ordinance,
seeks to promote fair and equal employment opportunities and labor
practices for religious minorities in Northern Ireland and provide
a better working environment for all citizens in Northern Ireland.
In accordance with Section 2-92-580 of the Municipal Code of Chicago,
if Licensee conducts any business Operations in Northern Ireland,
it is hereby required that Licensee shall make all reasonable and
good faith efforts to conduct any business operations in Northern
Ireland in accordance with the XxxXxxxx Principles for Northern
Ireland as defined in Illinois Public Act 85-1390 (1988 Ill. Laws
3220).
(f) Anti-Scofflaw
(1) In accordance with Section 2-92-380 of the Municipal
Code of Chicago and in addition to any other rights and
remedies (including any of set-off) available to the
Licensor under the License or permitted at law or in
equity, the Licensor shall be entitled to set off a
portion of any amounts due Licensee hereunder in an
amount equal to the amount of the fines and penalties
for each outstanding parking violation complaint and/or
the amount of any debt owed by Licensee to the
Licensor. For purposes of this section, "outstanding
parking violation complaint" means a parking ticket,
notice of parking violation or parking violation
complaint on which no payment has been made or
appearance filed in the Circuit Court of Xxxx County
within the time specified on the complaint. "Debt"
means a specified sum of money owed to the Licensor for
which the period granted for payment has expired.
(2) Notwithstanding the provisions of subsection 1 above,
no such Debt or outstanding parking violation complaint
shall be offset from the
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compensation hereunder if one or more of the following
conditions are met:
(i) Licensee has entered into an agreement with the
Department of Revenue, or other appropriate
department, for the payment of all outstanding
parking violation complaints and/or debts owed to the
Licensor and Licensee is in compliance with the
agreement; or
(ii) Licensee is contesting liability for or the amount of
the debt in a pending administrative or judicial
proceeding; or
(iii) Licensee has filed a petition in bankruptcy and the
debts owed the Licensor are dischargeable in
bankruptcy.
(g) Security Act
This License is expressly subject to the Aviation Security Improvement
Act of 1990 (P.L. 101-604), the provisions of which are hereby
incorporated by reference, including without limitation Sections 105,
109 and 110, and all rules and regulations promulgated thereunder. In
the event that Licensee, or any individual employed by Licensee, has
(i) unescorted access to aircraft located on or at the Licensor's
airports; (ii) unescorted access to secured areas; or (iii)
capability to allow others to have unescorted access to such aircraft
or secured areas, Licensee shall be subject to, and further shall
conduct with respect to its contractor(s) and the respective employees
of each, such employment investigations, including criminal history
record checks, as the Administrator of the Federal Aviation
Administration and the Licensor may deem necessary. Further, in the
event of any threat to civil aviation, as defined in the Act, Licensee
shall promptly report any information in accordance with those
regulations promulgated by the Secretary of the United States
Department of Transportation and by the Licensor. Finally, in the
event this License involves the construction, reconstruction,
demolition or alteration of facilities to be located at or on the
Licensor's airports, the Licensee shall perform such work in
compliance with those guidelines developed by the Licensor and the
Federal Aviation Administration with the objective of maximum security
enhancement.
6.02 Compliance with all Rules and Regulations
(a) Airline shall obey all Airport rules and regulations governing
the conduct and operations of the Airport, promulgated from time to time by
Licensor, provided, however, that such Airport rules and regulations must not
be inconsistent with the rules and regulations or orders of any Federal or
State agency having jurisdiction over the Airport. Except in cases of
emergency, no such rule or regulation shall be applicable to Licensee unless it
has been given fifteen (15) days prior written notice of the adoption thereof.
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(b) Upon written request of Licensee, Licensor shall supply
Licensee with a copy of Licensor's current Airport rules and regulations.
(c) Nothing herein shall be construed to prevent Licensee from
contesting in good faith any Airport rule or regulation without being in breach
thereof, so long as such contest is diligently commenced and prosecuted by
Licensee.
6.03 Nondisturbance
Any operations by Licensee or its contractor(s) shall be conducted in
an orderly and proper manner and shall not otherwise annoy, disturb, create a
hazard, or be offensive to others at the Airport, or interfere with other
projects on, or the operations of, the Airport, both landside and airside.
Airline shall promptly comply, and shall cause its contractor(s) to comply,
with any request from the Commissioner to correct demeanor or conduct. In the
event Licensee or its contractor(s) fails to so comply, Commissioner shall have
the right to stop any or all operations being performed, until such compliance
is achieved, without terminating this License. Licensor shall not be
responsible for any expense resulting from such stopping.
Article VII Notices
7.01 Notices
Any notice required pursuant to this License shall be mailed, telexed,
telecopied or personally delivered to the respective parties at the following
address:
IF TO LICENSOR:
___________________________
___________________________
___________________________
___________________________
IF TO LICENSEE:
___________________________
___________________________
___________________________
___________________________
Except as otherwise expressly provided hereunder, any notice or
communication under this License shall be deemed to have been given or made:
(a) if a messenger or courier service is used, when delivered to the
addressee; (b) if sent by mail (certified or otherwise), five (5) days after
being deposited in the mails, postage prepaid and properly addressed; and
(c) if sent by telex or telecopy, the earlier of (i) actual receipt by
addressee and (ii) twenty-four (24) hours after confirmation of transmission.
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Article VIII General Conditions
8.01 Applicable Law
This License shall be deemed to have been granted in, and shall be
construed in accordance with, the laws of the State of Illinois.
8.02 Severability
If any provisions of this License shall be held or deemed to be or
shall in fact be inoperative or unenforceable as applied in any particular case
in any jurisdiction or in all cases because it conflicts with any other
provision or provisions hereof or of any constitution, statute, ordinance, rule
of law, or public policy, or for any other reason, such circumstances shall not
have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstances, or of rendering any other
provision or provisions herein contained invalid, inoperative, or unenforceable
to any extent whatever. The invalidity of any one or more phrases, sentences,
clauses, or sections contained in this License shall not effect the remaining
portions of this License or any part thereof.
8.03 Amendments
No changes, amendments, modifications, or discharge of this License,
or any part thereof, shall be valid unless in writing and signed by the
authorized agent of Licensee and by the Commissioner or his respective
successors and assigns.
8.04 No Personal Liability
No official, employee, or agent of the City shall be charged
personally by Licensee, its officials, employees, agents, or contractors with
any liability or expenses of defense or be held personally liable to them under
any term or provision of this License, or because of the Licensor's execution
or attempted execution.
8.05 Subordination
This License shall be subordinate to any and all (i) agreements
between the Licensor and the Federal Aviation Administration and (ii) the Use
Agreement. The Licensee agrees that it shall not cause the Licensor to violate
any obligations of the Licensor to the Federal government in connection with
the granting of Federal funds, or in connection with its operation of the
Airport.
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8.06 Entire Agreement
This License, and the exhibits attached hereto and incorporated
hereby, shall constitute the entire agreement between the parties and no other
warranties, inducements, considerations, promises, or interpretations shall be
implied or impressed upon this License that are not expressly addressed herein
and therein.
Article IX Authority
9.01 City's Authority
This License is issued pursuant to Section 5.02 of the Use Agreement.
Nothing contained in this License shall be construed to grant or authorize the
granting of an exclusive right to conduct an Air Transportation Business as
prohibited by Section 308(a) of the Federal Aviation Act of 1958, as amended,
and the City reserves the right to grant others the privileges and rights of
conducting any or all activities of an aeronautical nature.
9.02 Licensee's Authority
Execution of this License by Licensee is authorized by corporate
resolution, and the signature of each person signing on behalf of Licensee have
been made with complete and full authority to commit Licensee to all terms and
conditions of this License, including each and every representation,
certification, and warranty contained herein, attached hereto and collectively
incorporated by reference herein, or as may be required by the terms and
conditions hereof.
9.03 Licensee Airport License and Agreement
Licensee shall execute and comply with an "Airline License and
Agreement," as a condition precedent to the granting of this License.
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IN WITNESS WHEREOF, the parties have caused this License to be
executed on the date first written above.
City: Licensee
--------------------------- By:
Commissioner -------------------------
Department of Aviation
Name:
----------------------
Title:
--------------------------- ----------------------
Comptroller
Approved as to form and legality: Attest
--------------------------- By:
Corporation Counsel -------------------------
Name:
-----------------------
Title:
----------------------
Licensee's Agent for Service of Process:
------------------------------
------------------------------
------------------------------
------------------------------
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LICENSE
This license agreement ("License") is made and entered into this
_____________ day of ___________________, 1995, by and between the City of
Chicago, acting through its Department of Aviation ("City"), and
______________________, a __________________________________________________
__________________________________________________________________ ("Airline").
RECITALS
WHEREAS, City owns and operates an airport known as Chicago Midway
Airport ("Airport"), and possesses the power and authority to lease premises
and facilities and to grant other rights and privileges with respect thereto;
and
WHEREAS, Airline desires to use certain baggage claim devices
("Equipment") and the associated storage areas ("Storage Areas") at the Airport
which are owned by the City, as more specifically identified on Exhibit 1,
which is attached hereto and incorporated by reference herein ("Facilities");
and
WHEREAS, City is willing to permit the use of such Facilities, subject
to certain terms and conditions;
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties hereto covenant and
agree as follows:
Article I Incorporation of Recitals
1.01 Incorporation of Recitals
The recitals set forth above are incorporated by reference as if fully
set forth herein.
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Article II Facilities
2.01 Use of Facilities
a. City hereby grants, and Airline hereby accepts, a License for
the non-exclusive use of the Equipment, subject to the terms and conditions of
this License, and to all applicable Federal, State, and local laws,
regulations, rules, codes, ordinances, and executive orders.
City shall designate the usage of such Equipment and shall resolve all
disputes among the various airlines which concern the usage of such Equipment.
b. City hereby grants, and Airline hereby accepts, a License for
the use of a Storage Area, as designated by the Commissioner of the Department
of Aviation ("Commissioner") subject to the terms and conditions of this
License, and to all applicable Federal, State, and local laws, regulations,
rules, codes, ordinances, and executive orders.
2.02 Access
Airline shall have ready and convenient access to the Facilities,
subject to the rules and regulations of Airport, including, but not limited to,
the security and safety rules of the FAA and City. The License is subject to a
reservation of rights by City for access to the Facilities for maintenance,
repair, and inspection. City shall give Airline reasonable notice prior to its
exercise of such right.
2.03 Present Condition of the Facilities
AIRLINE, BY THE EXECUTION OF THIS LICENSE, ACCEPTS THE FACILITIES IN
AN "AS-IS" CONDITION. CITY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO
THE CONDITION OF THE FACILITIES OR THAT THE FACILITIES WILL BE SUITABLE FOR
AIRLINE'S PURPOSES OR NEEDS.
2.04 Operations
Airline shall be responsible for any and all charges incurred in
connection with its operations. Airline shall further restore and replace any
property damaged as a result of Airline's operations. Airline shall conduct
its operations in a clean, sanitary, and safe manner, and shall be responsible
for any maintenance which is a result of Airline's operations.
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2.05 Signage
Airline is permitted to post one (1) sign on the wall behind the
Equipment on which it is operating. All signs must be in compliance with any
pertinent standards which have been promulgated by City. Any signs not in
compliance with pertinent standards may be removed by City at the sole expense
of Airline.
2.05 Non-assignment
This License is personal and is granted solely to Airline and solely
for the purposes stated herein. Airline shall not assign this License to any
other party without the written consent of the Commissioner. Any attempted
assignment without such consent shall be void and without effect as to the
City.
Article III Duration of License
3.01 Duration of License
The License is revocable at will by the Commissioner, with or without
cause, provided the Commissioner first gives Airline thirty (30) days written
notice in accordance with the terms and conditions hereof; provided, however,
that the term of this License shall be for no more than three (3) years.
3.02 Cessation of Use
Airline shall provide City with written notice no less than thirty
(30) days prior to its cessation of use of the Facilities.
Article IV Payment of License Fees
4.01 Basis of Payment
Airline shall pay the City an amount as determined by the City using a
joint use formula as follows: 20% of the City's costs of operating such
Equipment shall be shared equally among all airlines using the Equipment and
80% of the City's cost of operating such Equipment shall be divided among all
airlines
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[missing page]????
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related to, or caused by Airline's use of, or occupancy of, or operations at
the Airport; provided, however, that Airline shall not be liable solely and to
the extent any injury, damage or loss is caused by the gross negligence of
City, its agents, officials, or employees.
5.02 Insurance
Airline agrees to provide the insurance coverage as set forth in
Exhibit 2, attached hereto and incorporated by reference herein.
Article VI Compliance
6.01 Compliance with all Laws
Airline shall, and shall cause any contractors to, observe and comply
with, and pay all taxes and obtain all licenses, certificates, and other
authorizations required by, all applicable Federal, state, county, and
municipal laws, statutes, ordinances, and executive orders, including, but not
limited to, those set forth below. Airline agrees to make a part of and
incorporate into this License, by reference or by setting forth at length, at
the option of the City, any and all statutes, rules and regulations required
pursuant thereto which may now or hereafter be required by any Federal, state,
county, and municipal agency. Further, Airline shall execute and shall cause
any contractors to execute, a Contractor's Affidavit in the form attached
hereto as Exhibit 3.
Notwithstanding anything herein to the contrary, references herein to
a statute or law shall be deemed to be a reference to (i) such statute or law
as may be amended from time to time, (ii) all regulations and rules, pertaining
to or promulgated pursuant to such statute or law, and (iii) all future
statutes, laws, regulations, rules, and executive orders pertaining to the same
or similar subject matter.
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a. Nondiscrimination
1. Federal Requirements
It shall be an unlawful employment practice for Airline (1) to fail or
refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, or the terms,
conditions, or privileges of his employment, because of such individual's
race, color, religion, sex, age, handicap\disability or national origin; or
(2) to limit, segregate, or classify his employees or applicants for
employment in any way which would deprive or tend to deprive any individual
of employment opportunities or otherwise adversely affect his status as an
employee, because of such individual's race, color, religion, sex, age,
handicap\disability, or national origin.
Airline shall comply with The Civil Rights Act of 1964, 42 U.S.C. sec.
2000 et seq. (1981), as amended and the Civil Rights Act of 1991,
P.L.102-166. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg.
12,319 (1965), reprinted in 42 U.S.C. 2000(e) note, as amended by Exec.
Order No. 11,375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No. 12,086,
43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. sec.
6101-6106 (1981); Rehabilitation Act of 1973, 29 U.S.C. sec. 793-794
(1981); Americans with Disabilities Act, 42 U.S.C.; and 41 C.F.R. Part 60
et seq. (1990).
2. State Requirements
Airline shall comply with the Illinois Human Rights Act, 775 ILCS
5/1-101 et seq., as amended and any rules and regulations promulgated in
accordance therewith, including, but not limited to the Equal Employment
Opportunity Clause, 5 Ill. Admin. Code Section 750 Appendix A. Furthermore,
Airline shall comply with the Discrimination in Public Contracts Act, 775
ILCS 10/0.01 et seq. (1990), as amended.
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3. Municipal Code Requirements
Airline shall comply with the Chicago Human Rights ordinance,
ch. 2-160, section 0-000-000 et seq. of the Chicago Municipal Code (1990),
as amended. Further, Airline shall furnish and shall cause each of its
contractor(s) to furnish such reports and information as requested by the
Chicago Commission on Human Relations.
b. Ethics
No officer, agent or employee of City is employed by Airline or has a
financial interest directly or indirectly in this License or the compensation
to be paid hereunder except as may be permitted in writing by the Board of
Ethics established pursuant to the Municipal Code of Chicago (Chapter 2-156);
and that no payment, gratuity or offer of employment shall be made in
connection with this License by or on behalf of any contractors or anyone
associated therewith, as an inducement for the award of a subcontract or order;
and Airline further acknowledges that any License entered into, negotiated or
performed in violation of any of the provisions of Chapter 2-156 shall be
voidable as to the city.
c. Ineligibility
Airline and, to the best of its knowledge, its contractors are not in
violation of the provisions of Section 2-92-320 of Chapter 2-92 of the
Municipal Code of Chicago, and in connection therewith, and additionally in
connection with the Illinois Criminal Code, 720 ILCS 5/33E as amended, and the
Illinois Municipal Code, 65 ILCS 5/11-42.1-1.
d. Inspector General
Airline shall cooperate with the Inspector General in any investigation
or hearing undertaken pursuant to Chapter 2-56 of the Chicago Municipal Code.
Airline understands and will abide by all provisions of Chapter 2-56 of the
Municipal Code of Chicago. All contracts shall inform contractors of
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the provision and require understanding and compliance herewith.
x. XxxXxxxx Ordinance
City, through the passage of the XxxXxxxx Principles Ordinance, seeks
to promote fair and equal employment opportunities and labor practices for
religious minorities in Northern Ireland and provide a better working
environment for all citizens in Northern Ireland.
In accordance with Section 2-92-580 of the Municipal Code of the City
of Chicago, if Airline conducts any business operations in Northern Ireland, it
is hereby required that Airline shall make all reasonable and good faith
efforts to conduct any business operations in Northern Ireland in accordance
with the XxxXxxxx Principles for Northern Ireland as defined in Illinois Public
Act 85-1390 (1988 Ill. Laws 3220).
f. Anti-Scofflaw
1. In accordance with Section 2-92-380 of the Municipal Code of Chicago
and in addition to any other rights and remedies (including any of
set-off) available to the City under the License or permitted at law
or in equity, the City shall be entitled to set off a portion of any
amounts due Airline hereunder in an amount equal to the amount of the
fines and penalties for each outstanding parking violation complaint
and/or the amount of any debt owed by Airline to the City. For
purposes of this section, "outstanding parking violation complaint"
means a parking ticket, notice of parking violation or parking
violation complaint on which no payment has been made or appearance
filed in the Circuit Court of Xxxx County within the time specified on
the complaint. "Debt" means a specified sum of money owed to the City
for which the period granted for payment has expired.
2. Notwithstanding the provisions of subsection 1 above, no such Debt or
outstanding parking violation complaint
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[missing page]???
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construction reconstruction, demolition or alteration of facilities to
be located at or on the City's airports, Airline shall,
notwithstanding anything contained in the License, at no additional
cost to the City, perform such work in compliance with those
guidelines developed by the City and the Federal Aviation
Administration with the objective of maximum security enhancement.
6.02 Compliance with all Rules and Regulations
(a) Airline shall obey all Airport rules and regulations governing
the conduct and operations of the Airport, promulgated from time to time by
City, provided, however, that such Airport rules and regulations must not be
inconsistent with the rules and regulations or orders of any Federal or State
agency having jurisdiction over the Airport. Except in cases of emergency, no
such rule or regulation shall be applicable to Airline unless it has been given
fifteen (15) days prior written notice of the adoption thereof.
(b) Upon written request of Airline, City shall supply Airline
with a copy of City's current Airport rules and regulations.
(c) Nothing herein shall be construed to prevent Airline from
contesting in good faith any Airport rule or regulation without being in breach
thereof, so long as such contest is diligently commenced and prosecuted by
Airline.
Article VII Notices
7.01 Notices
Any notice required pursuant to this License shall be mailed, telexed,
telecopied or personally delivered to the respective parties at the following
address:
IF TO City:
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
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IF TO Airline:
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
Except as otherwise expressly provided hereunder, any notice or
communication under this License shall be deemed to have been given or made:
(a) if a messenger or courier service is used, when delivered to the addressee;
(b) if sent by mail (certified or otherwise), five (5) days after being
deposited in the mails, postage prepaid and properly addressed; and (c) if sent
by telex or telecopy, the earlier of (i) actual receipt by addressee and (ii)
twenty-four (24) hours after confirmation of transmission.
Article VIII General Conditions
8.01 Applicable Law
This License shall be deemed to have been granted in, and shall be
construed in accordance with, the laws of the State of Illinois.
8.02 Severability
If any provisions of this License shall be held or deemed to be or
shall in fact be inoperative or unenforceable as applied in any particular case
in any jurisdiction or in all cases because it conflicts with any other
provision or provisions hereof or of any constitution, statute, ordinance, rule
of law, or public policy, or for any other reason, such circumstances shall not
have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstances, or of rendering any other
provision or provisions herein contained invalid, inoperative, or unenforceable
to any extent whatever. The invalidity of any one or more phrases, sentences,
clauses, or sections contained in this License shall not effect the remaining
portions of this License or any part thereof.
8.03 Amendments
No changes, amendments, modifications or discharge of this License, or
any part thereof, shall be valid unless in writing
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[missing page]???
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incorporated by reference herein, or as may be required by the terms and
conditions hereof.
IN WITNESS WHEREOF, the parties have caused this License to be
executed on the date first written above.
City: Airline
-------------------------- By:
Mayor --------------------------------
Name:
------------------------------
Title:
-----------------------------
--------------------------
City Clerk Attest
By:
--------------------------------
Name:
------------------------------
Title:
-----------------------------
---------------------------
Commissioner
Department of Aviation
Airline's Agent for Service of
Process:
---------------------------
Comptroller -----------------------------------
-----------------------------------
-----------------------------------
-----------------------------------
Approved as to form and
legality:
-----------------------------
Corporation Counsel
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Chicago Midway Airport ("Airport")
Insurance Requirements
The Airline shall procure and maintain at all times, at the Airline's own
expense, the types of insurance specified below, with insurance companies
authorized to do business in the State of Illinois, covering all operations at
Airport, whether performed by the Airline of by subcontractor.
The kinds and amounts of insurance required are as follows:
1. Workers Compensation and Occupational Disease Insurance
Workers' Compensation and Occupational Disease Insurance, in statutory
amounts, covering all employees who are to provide a service at
Airport. Such insurance shall include employer's liability coverage
with limits of not less than $500,000 each accident or illness.
2. Commercial liability insurance (Primary and Umbrella)
Commercial Liability Insurance or equivalent coverage with limits of not
less than $100,000,000 per occurrence, combined single limit, for bodily
injury, and property damage liability, and personal injury.
Products/completed operations, independent contractors, broad form
property damage and contractual liability coverages are to be
included. The City shall be named as an additional insured.
3. Automobile Liability Insurance
When any motor vehicles are used in connection with work to be performed
by or on behalf of the Airline, the Airline shall provide Automobile
Liability Insurance with limits of not less than $5,000,000 per
occurrence combined single limit, for bodily injury and property damage.
The City shall be named as an additional insured.
4. All Risk Property Insurance
Whenever the Airline has control over any premise, All Risk Property
Insurance shall be maintained at replacement cost for such premises and
the City shall be named as owner and loss payee.
The Airline will furnish the Commissioner with original Certificates of
Insurance evidencing the coverage required to be in force during Airline's
operations at Airport. Failure to carry or keep such insurance in force shall
constitute a violation of agreements between the City and the Airline. All
insurance policies shall provide for sixty (60) days prior written notice to
the City prior to the effective date of any change, cancellation or
termination of such coverage. The Airline expressly understands
37
and agrees that any insurance coverages and limits furnished by the Airline
shall in no way limit the Airline's liabilities and responsibilities specified
within the contract documents or by law. The Airline hereby waives its rights
of subrogation against the City, including the City's appointed and elected
officials, agents and employees.
38
CONTRACT INSURANCE REQUIREMENTS
Midway Airport
Baggage Claim Devices/Storage Areas
The Airlines shall procure and maintain at all times, at Airlines's own
expense, during the term of this Agreement, the types of insurance specified
below, with insurance companies authorized to do business in the State of
Illinois covering all operations under this Contract, whether performed by the
Airlines or by subcontractors.
The kinds and amounts of insurance required are as follows:
1) Worker's Compensation and Occupational Disease Insurance
Workers Compensation and Occupational Disease Insurance, in statutory
amounts, covering all employees who are to provide a service under this
Agreement. Employer's liability coverage with limits of not less than
$500,000 each accident or illness shall be included.
2) Commercial Liability Insurance (Primary and Umbrella)
Commercial Liability Insurance or equivalent with limits of not less
than $5,000,000 per occurrence, combined single limit, for bodily injury,
personal injury, and property damage liability. Products/completed
operations, independent contractors, broad form property damage and
contractual liability coverages are to be included. The City of Chicago
is to be named as an additional insured, without resource or right of
contribution for any liability arising out of the services to be
performed.
3) Automobile Liability Insurance
When any motor vehicles are used in connection with services to be
performed, the Airlines shall provide Automobile Liability Insurance with
limits of not less than $1,000,000 per occurrence combined single limit,
for bodily injury and property damage. The City of Chicago is to be named
as an additional insured.
The Airlines shall furnish the City of Chicago, Department of Purchases
Xxxxxxxxx xxx Xxxxxxxx, Xxxx Xxxx, Xxxx 000, 121 North La Salle Street 60502,
original Certificates of Insurance evidencing the required coverage to be in
force on the date of this Agreement, and Renewal Certificates of Insurance, or
such similar evidence, if the coverages have an expiration or renewal date
occurring during the term of this Agreement. The Airlines shall submit evidence
of insurance on the City of Chicago Insurance Certificate of Coverage Form,
(copy attached) prior to awarding the Agreement.
The insurance hereinbefore specified shall be carried until all services
required to be performed under the terms of the Agreement is satisfactorily
completed. Failure to carry or keep such insurance in force may constitute a
violation of the Agreement, and the City maintains the right to terminate the
Agreement until proper evidence of insurance is provided.
The insurance shall provide for 60 days prior written notice to be given to the
City in the event coverage is substantially changed, canceled, or non-renewed.
The Airlines shall require all subcontractors to carry the insurance required
herein, or Airline may provide the coverage for any or all subcontractors, and,
if so, the evidence of insurance submitted shall so stipulate.
Airlines expressly understands and agrees that any insurance coverages and
limits furnished by Airlines shall in no way limit the Airline's liabilities
and responsibilities specified within the contract documents or by law.
Any and all deductibles shall be borne by the Airlines.
39
SAMPLE FORM OF LETTER OF CREDIT
Issuing Bank Letterhead
(must be a bank located in the Chicagoland area)
Irrevocable Standby Letter of Credit
Letter of Credit No.______________
Date: ______________, 19________
Department of Aviation
City of Chicago
Chicago X'Xxxx International Airport
X.X. Xxx 00000
Xxxxxxx, Xxxxxxxx 00000
Attention: Commissioner
1. We hereby open in your favor, at the request and for the account of
_____________________________________, this irrevocable standby letter of
credit in an aggregate amount not to exceed $__________ Dollars, to be
available for payment of your drafts drawn at sight on us and accompanied,
in the case of each draft, by a written statement purportedly signed by the
Commissioner of the Department of Aviation, or his designee, addressed to
us stating that: "the amount drawn is equal to the amounts due to the
City of Chicago."
2. Partial and multiple drawings are permitted.
3. This credit sets forth in full the terms of our undertaking, and
such undertaking shall not in any way be modified, amended, amplified or
limited by any document, instrument or agreement referred to herein, or in
which this credit is referred to, or to which this credit relates; and no
such reference shall be deemed to incorporate herein by reference any such
document, instrument or agreement. The Account Party is not the owner or
beneficiary under this Letter of Credit and possesses no interest
whatsoever in this Letter of Credit or its proceeds. Further, this Letter
of Credit shall not be affected by any bankruptcy or other insolvency
proceeding initiated by or against the Account Party.
This credit shall expire on ____________, 19______, unless extended as
provided herein.
4. It is a condition of this credit that it will be automatically
extended without amendment for an additional period of twelve (12) months
from the present and each future expiration date, unless, not less than
sixty (60) days prior to the then-relevant expiration date, we notify you
by Registered Mail
1
40
that we elect not to extend this credit for any additional period.
Upon receipt of such a notification you may draw your sight draft on us
prior to the then-relevant expiration date for the unused balance of this
credit, which shall be accompanied by your signed written statement that
you received notification of our election not to extend. At time of
notice to Beneficiary, the Account Party shall also be notified by
Registered Mail.
Drafts must be marked "Drawn under Irrevocable Standby Letter of Credit
No. ____________."
5. We hereby agree to honor each draft drawn under and in compliance
with the terms of this credit if duly presented at our offices at
_______________________________________ on or before the close of business
on the expiration date.
6. This Letter of Credit is subject to the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No.
500, 1993 revision, ("IUCP") and to the Uniform Commercial Code - Letters
of Credit, 810 ILCS 5-101 et seg., as amended ("UCC"). To the extent that
the provision of the IUCP and UCC conflict, the provision of the UCC shall
govern.
By: ___________________________ Attest: ___________________________
Name: _________________________ Name: _____________________________
Title: ________________________ Title: ____________________________
Subscribed and sworn to before me this _______ day of _______, 19____.
Notary Public: _________________________
(Seal)
2
41
The Airlines and each subcontractor agree that insurer shall waive their rights
of subrogation against the City of Chicago.
The Airlines expressly understands and agrees that any insurance maintained by
the City of Chicago shall apply in excess of and not contribute with insurance
provided by the Airlines under the Agreement.
If Airlines, or its subcontractors desire additional coverage, higher limits of
liability, or other modifications for its own protection, the Airlines and each
of its subcontractors, shall be responsible for the acquisition and cost of
such additional protection.
The City of Chicago maintains the right to modify, delete, alter or change
these requirements.
3
42
Calculation of Security Deposit Requirement 05-Mar-96
Air South
Chicago Midway Airport
SECURITY
ANNUAL REQUIREMENT
ITEM QUANTITY RATE (2 MONTHS)
============================= ========== ============ ============
Ramp Area 0 $2.90 $0
SF
Ticket Counter 0 $61.61 $0
SF
Ticket Counter Office 0 $61.61 $0
SF
Bag Make-up 0 $61.61 $0
SF
Concourse Ops/Office 0 $61.61 $0
SF
Concourse Holdroom 0 $61.61 $0
SF
Gate Usage - Per Turn Charges 730 $150.00 $18,287
Turns
Bag Claim Use Pro rata $1,219,431 $2,036
estimate: 1.00%
-----------
SUBTOTAL (FACILITIES) $20,323
ESTIMATED SECURITY
ANNUAL ANNUAL REQUIREMENT
ITEM QUANTITY RATE (2 MONTHS)
============================= ========== ============= =============
Passenger Facility Charge Collecti 44,530 $3.00 $22,310
-------------
SUBTOTAL (PFC COLLECTION) $22,310
AIRCRAFT EST ANNUAL SECURITY
MGLW WEEKLY ANNUAL ANNUAL LANDING FEE REQUIREMENT
AIRCRAFT (X1,000) FLIGHTS FLIGHTS WEIGHT $2.300 (2 MONTHS)
========== ======== ======= ======= ======== =========== ===========
737-200 103.000 14 730 75,190 $172,937 $28,880
----------
SUBTOTAL (LANDING FEES) 730 $28,800
==========
GRAND TOTAL $71,513
43
CONTRACTOR'S AFFIDAVIT
SPECIFICATION NUMBER: ____________________________
Bidder/Proposer Name: ____________________________
Bidder/Proposer Address: ____________________________
____________________________
____________________________
Federal Employer I.D.#___________________ or Social Security#_______________
Instructions: FOR USE WITH A NON-BID, NON-PROFESSIONAL SERVICES CONTRACT
FUNDED BY CITY, STATE OR FEDERAL FUNDS EXCEPT USDOT FUNDS.
Every Contractor submitting a bid/proposal to the
City of Chicago must complete this Contractor Affidavit.
Special attention should be paid to Sections I (p.1 to 4),
II (p.4), IIIC (p.6), IV (p.8) and VII (p.10) which require the
contractor to provide certain information to the City. The
Contractor should complete this Contractor's Affidavit by
signing Section IX (p.10). Please note that in the event the
Contractor is a joint venture, the joint venture and each of
the joint venture partners must submit a completed Contractor's
Affidavit. In the event that the Contractor is unable to
certify to any of the statements contained herein, Contractor
must contact the Department of Purchases, Contracts and
Supplies for the City of Chicago and provide a detailed factual
explanation of the circumstances leading to the Contractor's
inability to so certify.
The undersigned___________________________, as____________________________
(Name) (Title)
and on behalf of__________________________ ("Contractor") having been duly
(Business Name)
sworn under oath certifies that:
I. DISCLOSURE OF OWNERSHIP INTERESTS
Pursuant to Chapter 2-92-010, 2-92-020 and 2-92-030 of the Municipal
Code of the City of Chicago, a bidders/proposers shall provide the following
information with their bid/proposal. If the question is not applicable
answer with "NA." If the answer is none, please answer "none."
Bidder/Proposer is a: [ ] Corporation [ ] Sole Proprietor
(Check One) [ ] Partnership [ ] Not-for-Profit-Corporation
[ ] Joint Venture [ ] Other
Page 1 of 10
44
SECTION 1. FOR PROFIT CORPORATIONS
a. Incorporated in the State of _____________________________________
b. Authorized to do business in the State of Illinois YES [ ] NO [ ]
c. Names of all officers of corporation (or Attach List): Names of all
directors of corporation (or Attach List):
Name(Print or Type) Title(Print or Type) Name(Print or Type) Title(Print or Type)
_____________________ _______________________ _______________________ _________________________
_____________________ _______________________ _______________________ _________________________
_____________________ _______________________ _______________________ _________________________
_____________________ _______________________ _______________________ _________________________
d. If the corporation has fewer than 100 shareholders indicate here or attach a
list of names and addresses of all shareholders and the percentage interest
of each.
Name(Print or Type) Address Ownership Interest
________________________ __________________ _______________________%
________________________ __________________ _______________________%
________________________ __________________ _______________________%
________________________ __________________ _______________________%
e. Is the corporation owned partially or completely by one or more other
Corporations? YES [ ] NO [ ]
If "yes," provide the above information, as applicable, for each of said
corporations.
f. If the corporation has 100 or more shareholders, indicate here or attach a
list of names and addresses of all shareholders owning shares equal to or in
excess of 10% of the proportionate ownership of the corporation and
indicate the percentage interest of each.
Name(Print or Type) Address Ownership Interest
________________________ __________________ _______________________%
________________________ __________________ _______________________%
________________________ __________________ _______________________%
________________________ __________________ _______________________%
NOTE: Generally, with corporations having 100 or more shareholders where
no shareholder owns 10% of the shares, the requirements of this Section 1
would be satisfied by the bidder/proposer enclosing with this bid/proposal,
a copy of the corporation's latest published annual report and/or Form 10-K
the information is contained therein.
Page 2 of 10
45
SECTION 2. PARTNERSHIPS
If the bidder/proposer is a partnership, indicate the name of each partner and
the percentage of interest of each therein:
Names of Partners(Print or Type) Percentage Interest
________________________________ __________________%
________________________________ __________________%
________________________________ __________________%
________________________________ __________________%
SECTION 3. SOLE PROPRIETORSHIPS
a. The bidder/proposer is a sole proprietor and is not acting in any
representative capacity in behalf of beneficiary:
YES[ ] NO[ ] If NO, complete items b. and c. of this Section 3.
b. If the sole proprietorship is held by an agent(s) or a nominee(s),
indicate the principal(s) for whom the agent nominee hold such interest.
Names(s) of Principal(s) (Print or Type)
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
c. If the interest of a spouse or any other party is constructively controlled
by another person or legal entity state the name and address of such person
or entity possessing such control and the relationship under with such
control is being or may be exercised:
________________________________________________________
________________________________________________________
SECTION 4. LAND TRUSTS, BUSINESS TRUST, ESTATES & OTHER ENTITIES
If the bidder/proposer is a land trust, business trust, estate or other similar
commercial or legal entity, identify any representative, person or entity
holding legal title as well as each beneficiary in whose behalf title is held
including the name, address and percentage of interest of each beneficiary.
________________________________________________________
________________________________________________________
Page 3 of 10
46
SECTION 5. NOT-FOR-PROFIT CORPORATIONS
a. Incorporated in the State of _____________________________________________
b. Authorized to do business in the State of Illinois YES [ ] NO [ ]
c. Names of all officers of corporation (or Attach List): Names of all
directors of corporation (or Attach List):
Names(Print or Type) Title(Print or Type) Name(Print or Type) Title(Print or Type)
_____________________ ____________________ ____________________ ____________________
_____________________ ____________________ ____________________ ____________________
_____________________ ____________________ ____________________ ____________________
_____________________ ____________________ ____________________ ____________________
NOTE: Pursuant to Chapter 2-154, Section 0-000-000 of the Municipal Code of
the City of Chicago, the Corporation Counsel may require any such additional
information from any entity to achieve full disclosure relevant to the
contract. Further, pursuant to Chapter 2-154, Section 0-000-000, any
material change in the information required above must be provided by
supplementing this statement at any time up to the time the Purchasing
Agent takes action on the contract or other action requested of the
Purchasing Agent.
II. AFFIDAVIT OF LOCAL BUSINESS
"LOCAL BUSINESS" means a business located within the corporate limits of
the City of Chicago, which has the majority of its regular, full-time work
force located within the City, and which is subject to City Taxes.
Joint Ventures: For purposes of establishing a firm's eligibility for two
percent (2%) local business preference (allowed by the specification), each
partner must complete a separate affidavit. A Joint Venture is a "Local
Business" only if at least fifty percent (50%) interest in the venture is
held by "Local Businesses."
1) Is bidder/proposer a "Local Business" as defined above?
Yes:_________ No:________
2) How many persons are currently employed by bidder/proposer?__________
3) Does bidder/proposer have business locations outside of City of Chicago?
Yes:_________ No:________
If yes, list such bidder/proposer business addresses:
___________________________________________________________
___________________________________________________________
___________________________________________________________
(Attach Additional Sheets if Necessary)
4) How many of bidder/proposer's current employees work at City of Chicago
locations?________
5) Is bidder/proposer subject to City of Chicago taxes (including the Head
Tax)?
Yes:_________ No:________
Page 4 of 10
47
III. CONTRACTOR CERTIFICATION
A. CONTRACTOR
1. The Contractor or any subcontractor to be used in the
performance of this contract, or any affiliated entity of the
Contractor or any such subcontractor, or any responsible official
thereof, or any other official, agent, employee of the Contractor,
any such subcontractor or any such affiliated entity(1), acting
pursuant to the direction or authorization of a responsible
official thereof has not, during a period of 3 years prior to the
day of execution of this certification or if a subcontractor or
subcontractor's affiliated entity(1) during a period of years prior
to the date of award of the subcontract:
a. Bribed or attempted to bride, or been convicted of bribery or
attempting to bribe a public officer or employee of the City of
Chicago, the State of Illinois, any agency of the federal
government or any state or local government in the United
States (if an officer or employee, in that officer's or
employee's official capacity); or
b. Agreed or colluded, or been convicted of agreement or collusion
among bidders or prospective bidders restraint of freedom of
competition by agreement to bid a fixed price or otherwise; or
c. Made an admission of guilt of such conduct described in 1(a) and
(b) above which is a matter of record but has not been
prosecuted for such conduct.
2. The Contractor or any agent, partner, employee or officer of the
Contractor is not barred from contracting with any unit of state or
local government as a result of engaging in or being convicted of
bid-rigging(3) violation of Section 3 of Article 33E of the
Illinois Criminal Code of 1961, as amended (Ill. Rev. Stat., 19
Chapter 38, Section 33E-3) or any similar offense of any state or
the United States which contains the same elements as the offense
of bid-rigging(3) during a period of five years prior to the
date of submittal of this bid proposal or response. (2)
3. The Contractor or any agent, partner, employee, or officer of the
Contractor is not barred from contracting with any unit of state or
local government as a result of engaging in or being convicted of
bid-rotating(4) violation of Section 4 of Article 33E of the
Illinois Criminal Code of 1961, as amended (Ill. Rev. Stat., 19 ,
Chapter 38, Section 33E-4) or any similar offense of any state or
the United States which contains the same elements as the offense
of bid-rotating(4).
4. The Contractor understands and will abide by all provisions of
Chapter 2-56 of the Municipal Code Chicago entitled "Office of
Inspector General".
B. SUBCONTRACTOR
1. The Contractor has obtained from all subcontractors to be
used in the performance of this contract, known by the Contractor
at this time, certifications in form and substance equal to Section
I of this certification. Based on such certification(s) and any
other information known or obtained by the Contractor, the
Contractor is not aware of any such subcontractor, subcontractor's
affiliated entity(1), or any agent, partner, employee or officer of
such subcontractor or subcontractor's affiliated entity(1) having
engaged in or been convicted of: (a) any of the conduct described
in Section III.A.1 (a) or (b) of this certification, (b)
bid-rigging(3), bid rotating(4), or any similar offense of any state
or the United States which contains the same elements as bid-rigging
and bid-rotating, or having made an admission of guilt of the
conduct described in Section III.A.1 (a) or (b) which is a matter
of record but has/have not been prosecuted for such conduct.
Page 5 of 10
48
c. Are not presently indicated for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
Local) with commission of any of the offense enumerated in
paragraph (D)(1)(a) above and
d. Have not within a three-year period preceding this Agreement
had one or more public transaction (Federal, State or Local)
terminated for cause or default.
2. If the Contractor is unable to certify to any of the statements in
this Certification, Contractor shall attach explanation to this
Certification.
3. If any subcontractors are to be used in the performance of this
Agreement, Contractor shall cause such subcontractors to certify
as to paragraph (D)(1) of this Certification. In the event than
any subcontractor is unable to certify to any of the statements in
this Certification, such subcontractor shall attach an explanation
to this Certification.
E. ANTI-COLLUSION
The Contractor, its agent, officers or employees have not directly or
indirectly entered into any agreement participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding
connection with this proposal. Failure to submit this statement as
part of the bid proposal will make the bid nonresponsive and not
eligible for award consideration.
F. PUNISHMENT
A Contractor who makes a false statement, material to Section III (A)
(2) of this certification commits a class felony. Ill. Rev. Stat.
1989, Chapt. 38, 33E-11(B). Making a false statement concerning
Section III of the certification is a Class A misdemeanor, voids the
contract and allows the municipality to recover all amounts paid to the
contract under the contract in a civil action. Ill. Rev. Stat. Ch.24,
11-42.1-1.
Notes 1-5 for Section III, Contractor Certification
1. In accordance with Chapter 2-92, Section 2-92-320 of the City of Chicago
Municipal Code, the Contractor or subcontractor shall be chargeable with the
conduct of an affiliated entity. Business entities are affiliated if, directly
or indirectly, one controls or has the power to control the other, or if a
third person control or has the power to control both entities. Indicia of
control include without limitation: interlocking management or ownership
identity of interests among family members; shared facilities and equipment;
common use of employees; or organization of a business entity following the
ineligibility of a business entity under Chapter 2-92 Section 2-92-320 of the
City of Chicago Municipal Code using substantially the same management,
ownership or principals as the ineligible entity.
2. No corporation shall be barred from contracting with any unit of State or
local government as a result of conviction, under either Section 33E-3 or
Section 33E-4 of Article 33 of the State of Illinois Criminal Code of 1961, as
amended, or any employee or agent of such corporation if the employee so
convicted is no longer employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) if it demonstrates to the governmental entity
with which it seeks to contract and that entity finds that the commission of
the offense was neither authorized, requested, commanded, nor performed by a
director, officer or a high managerial agent in behalf of the corporation as
provided in paragraph (2) of subsection (a) of Section 5-4 of the State of
Illinois Criminal Code.
3. For purposes of Section IIIA of this certification, a person commits the
offense of and engages in bid-rigging when he knowingly agrees with any person
who is, or but for such agreement should be, a competitor of such person
concerning any bid submitted or not submitted by such person or another to a
unit of State or local government when with the intent that the bid submitted
or not submitted will result in the award of a contract to such person or
another and he either (1) provides such person or receives from another
information concerning the price or other material term or terms of the bid
which would otherwise not be disclosed to a competitor in an independent
noncollusive submission of bids or (2) submits a bid that is of such a price or
other material term or terms that he does not intend the bid to be accepted.
Ill. Rev. Stat., 1991, Chapt. 38 Section 33E-3.
Page 7 of 10
49
4. For purposes of Section IIIA of this certification, a person commits the
offense of and engages in bid rotating when pursuant to any collusive scheme or
agreement with another, he engages in a pattern over time (which, for the
purpose hereof, shall include at least 3 contract bids within a period of ten
years, the most recent of which occurs after January 1989) of submitting sealed
bids to units of State or local government with the intent that the award of
such bids rotate or is distributed among, persons or business entities which
submit bids on a substantial number of the same contract Ill. Rev. Stat., 1991,
Chapt. 38, Section 33E-4.
5. Chapter 24, Section 11-42.1-1 of the Illinois Revised Statutes provides
that a municipality may not enter into a contract agreement with an individual
or other entity that is delinquent in the payment of any tax administered by the
Illinois Department of Revenue unless the contracting party is contesting, in
accordance with the procedures established by the appropriate Revenue Act its
liability for the tax or the amount of the tax or unless the contracting party
has entered in an agreement to pay the tax and is in compliance with the
Agreement. Notwithstanding the above, the municipality may enter into the
contract if the contracting authority for the municipality determines that:
(1) the contract is for good or services vital to the public health,
safety, or welfare; and
(2) the municipality is unable to acquire the goods or services at a
comparable price and of comparable quality from other sources.
IV. ANTI-APARTHEID
Contractor certifies that the terms used in this Certification are
defined in the Anti-Apartheid Ordinance and the regulations issued
thereunder, and have the same meanings in this affidavit as in the
ordinance and regulation. In completing this Section IV, authorized
signatory must, if appropriate, place his/her initials in brackets (A)
and/or (B) below. If unable to certify as to the statements contained in
(A) or (B), below, please contact the Department of Purchases, Contracts
and Supplies for the City of Chicago.
A.(___) The Contractor certifies that neither it nor any of its affiliates
does business in South Africa or with any public or private entity
located in South Africa.
B.(___) Further, no goods to be provided to the City by the Contractor or
by any of its subcontractors under the contract were principally
manufactured, produced, assembled, grown or mined in South Africa.
Page 8 of 10
50
IN THE EVENT THAT THIS CONTRACT IS FUNDED IN WHOLE OR IN PART BY FEDERAL FUND
CONTRACTOR SHALL COMPLY WITH SECTIONS V thru VII below.
V. CERTIFICATION OF RESTRICTION ON LOBBYING
A. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of a Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
Contract, grant loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form Report Lobbying," in accordance with its instruction.
C. The undersigned shall require that the language of this certification
be included in the award documents for subawards at all tiers (including
subcontracts, subagents, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
D. This certification is a material representation of fact upon which
reliance is placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into the transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and more than
$100,000 for each such failure.
VI. CERTIFICATION OF NONSEGREGATED FACILITIES
A. By submission of this proposal, bidder certifies that it does not
and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will
not permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The offender
agrees that a breach of this certification is a violation of the Equal
Opportunity clause in the contract.
B. "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreating or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
C. The bidder further agrees that (except where it has obtained identical
certifications from proposal subcontractors for specific time periods)
it will: 1) Obtain identical certifications from proposed
subcontractors before the award of subcontracts exceeding $10,000 under
which the subcontractor will be subject to the Equal Opportunity clause;
2) Retain the certifications in the files; and 3) Forward the following
notice to the proposed subcontractors (except if the proposed
subcontractors have submitted identical certifications for specific time
periods):
D. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted before
the award of a subcontract under which the subcontractor will be subject
to the Equal Opportunity clause. The certifications may be submitted
either for each subcontract or for all subcontracts during a period
(i.e., quarterly, semiannually, or annually).
NOTE: THE PENALTY FOR MAKING FALSE STATEMENTS IN OFFERS IS PRESCRIBED IN 18
U.S. Code 1001.
Page 9 of 10
51
VII. EQUAL EMPLOYMENT OPPORTUNITY
The Equal Employment Opportunity Regulations of the Secretary of Labor
(Volume 33, Federal Register Section 60-1.7(b)(1) require that each
prospective contractor or proposed subcontractor submit the following
information with his bid, or at the outset of negotiations.
1. Have you participated in any previous contracts or subcontracts subject
to the equal opportunity clause?
_______ ______
YES NO
2. If answer to #1 is yes, have you filed with the Joint Reporting
Committee, the Director of OFCC, any Federal agency, or the former
President's Committee on Equal Employment Opportunity, all reports due
under applicable filing requirements of these organizations?
_______ ______
YES NO
VIII. INCORPORATION INTO CONTRACT AND COMPLIANCE
The above certifications shall be part of any contract awarded to the
Contractor set forth on page 1 of the Contractor's Affidavit. Further,
Contractor shall comply with these certifications during the term of the
Contract.
IX. VERIFICATION
Under penalty of perjury, I certify that I am authorized to execute this
Contractor's Affidavit on behalf of the Contractor set forth on page 1,
that I have personal knowledge of all the certifications made herein and
that the same are true.
___________________________________________
Signature of Authorized Officer
___________________________________________
Name of Authorized Officer (Print or Type)
___________________________________________
Title
___________________________________________
Telephone Number
State of __________
County of _________
Signed and sworn to before me this _______ day of ________________, 19_____ by
________________________________(Name) as___________________ (Title) of
______________________________________________(Contractor.)
______________________________________________
Notary Public Signature
Page 10 of 10
52
City of Chicago
Department of Aviation 03/06/96
Chicago Midway Airport
1996 1st Half Rate Structure
Signatory Non-Signatory
---------------- -----------------
Landing Fee (per 1000 lbs) $1.84 $2.30
Preferential Use Rate (per sqft/annum) $49.29 $61.61
Terminal Ramp (per sqft/annum) $2.32 $2.90
Baggage Claim Device 80/20 Formula which allocates Rental,
Maintenance and Debt Service costs for
baggage claim system
80% of costs allocation based on deplanements
20% of costs fixed among participating carriers
Air Carrier Air Commuter
(51 Seats or More) (50 Seats or Less)
------------------ ------------------
Remain Overnights (RON's) $100.00 $50.00
Turns (1 Full Gate Operation) $150.00 $75.00
