A. General:
1.
Rules and Regulations: The Permittee shall observe, obey and comply with
all City of Atlanta ordinances, including the Rules and Regulations of the Department
of Aviation (“DOA”) at Hartsfield-Jackson Atlanta International Airport (“Airport”).
The same may be amended from time to time, operational directives issued thereunder,
all other laws, statutes, ordinances, regulations and rules of the City, State,
and Federal governments, and any and all plans and programs developed in compliance
therewith, which may be applicable to its operations under this Permit.
2.
Permits and Licenses: The Permittee shall obtain and maintain current
all permits and licenses required for its operations hereunder and shall pay all
taxes, license fees and excises which may be assessed, levied, exacted or imposed
on its operations hereunder and shall make all applications, reports and returns
required in connection therewith. Upon request from the DOA, the Permittee shall
provide the DOA, or others designated by the DOA, copies of any and all permits
and licenses, applications therefore and reports required in connection therewith,
which the DOA may request.
3.
SIDA Permit Process: The Company shall complete an on-line application
found at
http://www.xxxxxxxxx.
Information provided on the application shall be accurate to include general company
information; a list of company sponsor(s); insurance requirements; nature of work
being performed; and location of work; The application shall be approved by a DOA
representative prior to the company beginning the security badging process.
4.
Discrimination:
The Permittee, in exercising any of the rights, or privileges herein granted, shall
not on the grounds of age, race, color, sex, religion, national origin, ancestry
or disability discriminate or permit discrimination against any person or group
of persons in any manner prohibited by Part 21 of the Rules and Regulations of the
Secretary of Transportation, the Americans with Disabilities Act or any other applicable
City, State, and Federal laws, rules and regulations. The City is hereby granted
the right to take such actions, anything to the contrary herein notwithstanding,
as any agency of the United States Government or any court of competent jurisdiction
may direct to enforce the nondiscrimination covenant.
5.
Indemnification:
The Permittee shall defend, indemnify and hold the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including
attorneys fees and costs of defense, which the City or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind of nature arising out of, relating to or resulting
from the negligent performance or willful misconduct of the Permittee or its employees,
agents, servants, partners, principals or subcontractors. The Permittee shall pay
all claims and losses in connection therewith and shall investigate and defend all
claims, suits or action of any kind or nature in the name of the City, where applicable,
including appellate proceeding, and shall pay all costs, judgments and attorneys
fees which may issue thereon. The Permittee expressly understands and agrees that
any insurance protection required by this Agreement or otherwise provided by the
Permittee shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents and instrumentalities as
herein provided.
6.
Payment of Claims:
The Permittee agrees to pay on behalf of the City any penalty, assessment or fine,
issued against the City or to defend, or to compromise, in the name of the City
any claim, assessment or civil action, which may be presented or initiated by any
agency or officer of the City, State, and Federal governments, based in whole or
substantial part upon a claim or allegation that the Permittee, its agents, employees
or invitees, have violated any law, ordinance, rule, regulation or directive described
in Section A. 1 hereof or any plan or program developed in compliance therewith.
7.
Assignment and Transfer:
The rights and privileges granted to the Permittee hereunder shall be exercised
only by the Permittee, through its officers, partners and employees, and not by
or through any other person, corporation or legal entity. This Permit is not assignable
or transferable to any other person, corporation or legal entity.
8.
Rules, Regulations, and Sanctions:
Companies shall abide by all City of Atlanta Code of Ordinances, including Section
22 Article III Hartsfield-Jackson Atlanta International Airport in its entirety.
A list of all City of Atlanta ordinances can be found at
https://library.municode.com/ga/atlanta/codes/code_of_ordinances.
The Airside Operating Permit shall be valid for a period of twelve (12) months or
the duration of the sponsored project, whichever is less. The permit will terminate
at the end of twelve (12) months. The Permittee must renew the Airside Operating
Permit prior to the expiration. At this time, the Permittee shall update and provide
all pertinent information. The aviation general manager reserves the right to review
previous offenses and reserves the right to deny the Permit renewal.
This permit may be cancelled at any time by either party, upon not less than fifteen
(15) calendar days notice in writing, to the other party. Cancellation shall not
relieve the Permittee of any liabilities or obligations incurred and accrued prior
to the effective date of such cancellation.
Sanctions.
The aviation general manager may, in the manager’s discretion, suspend or revoke
the Airside Operating Permit, for a definite or indefinite period, or impose fines
arising out of any violation to any City of Atlanta ordinance. The company will
be responsible for any monetary fees assessed by the aviation general manager. The
aviation general manager is authorized to impose progressive disciplinary measures
for violations of any city ordinance, which shall consist of the following:
(1) First Offense: The company may be assessed a $250 fine.
(2) Second Offense: The company may be assessed a $500 fine within twelve (12) months
of the first offense.
(3) Third Offense: The company may be assessed a $1000 fine within twelve (12) months
of the first offense.
(4) Suspension: The company’s Airside Operating Permit may be suspended by the aviation
general manager.
(5) Revocation: Any company violating any city ordinance shall be subject to revocation
of its Airside Operating Permit.
B.Insurance: In addition to such insurance as may be required by law, the
Permittee shall maintain during the term of this Permit the following insurance:
(1)
Public Liability: Public Liability Insurance on a comprehensive basis,
including Contractual Liability, in amounts not less than $1,000,000.00 combined
single limit per occurrence for personal injury and property damage, naming the
City of Atlanta, as additional named insured thereunder, and bearing an endorsement
by the insurer that such coverage will not be modified or canceled without at least
15 days’ prior written notice to the aviation general manager.
(2)
Automobile Liability: Automobile Liability Insurance, covering all owned,
non-owned and hired vehicles, in an amount not less than $10,000,000.00 per occurrence,
combined single limit for personal injury and property damage. Under no circumstances
is the Permittee allowed on the Airside Operations Area (AOA) without increasing
automobile insurance coverage to not less than $10,000,000.00 per occurrence, combined
single limit for bodily injury and property damage, naming the City of Atlanta,
as additional named insured thereunder, and bearing an endorsement by the insurer
that such coverage will not be modified or canceled without at least 15 days’ prior
written notice to the aviation general manager.
The insurance coverages required herein shall include those classifications as listed
in Standard Liability Insurance Manuals, which most nearly reflect the operations
of the Permittee under this Permit. All insurance policies required herein shall
be issued by companies authorized to do business under the Laws of the State of
Georgia. The companies must be rated no less than “B” as to Management, and no less
than “V” as to strength in accordance with the latest edition of “Best’s Insurance
Guide”, published by A.M. Best Company, Inc; or its equivalent as approved by the
City of Atlanta Risk Management Division.
(3)
Certificates of Insurance: Prior to the commencement of operations hereunder,
and annually thereafter, the Permittee shall furnish certificates of insurance to
the DOA and certificates shall clearly indicate: (1) that the Permittee has obtained
insurance in the type, amount and classifications as required for strict compliance
with this Section; (2) that any material change or cancellation of the insurance
shall not be effective without thirty days prior written notice to the Airport;
and (3) that the City is named as an additional insured under the Public Liability
coverage. The City reserves the right to require the Permittee to provide such reasonably
amended insurance coverage as it deems necessary or desirable, upon issuance of
notice in writing to the Permittee, which notice shall automatically amend this
Permit effective thirty (30) days after such notice.
(4) Compliance with the foregoing requirements shall not relieve the Permittee of
its liability under any other portion of this Permit.
C. Fees and Payments:
1.
Permit Fee: The Permittee shall pay the City for the rights and privileges
granted herein a fee in the amount of FIFTY DOLLARS ($50.00) arising from the operation
of its business at Hartsfield-Jackson Atlanta International Airport.
2.
Payment Address The Permittee shall pay and/or submit all reports and
fees required to be paid under this Permit to the following address:
City of Atlanta, Department of Aviation SECURITY DIVISION
P.O. Box 20509
Atlanta, Ga. 30320
D. Operations:
1. Restricted Area Access-Identification Badges: The Permittee shall be responsible
for requesting the DOA Security Division to issue identification (“ID”) badges to
all employees who require access to Restricted Areas on the Airport as part of its
regularly assigned duties, including areas designated in the Airport Security Program,
Secured Area/AOA/SIDA/Sterile Areas. Restricted Areas as determined by the DOA and
certain areas designated by signs or regulations as off-limits to unauthorized individuals.
The Permittee shall be further responsible for the immediate reporting of all lost
or stolen ID badges and the immediate return of the ID badges of all personnel transferred
from Airport assignment or terminated from the employ of the Permittee or upon termination
of this Agreement. Each employee must complete the SIDA training program conducted
by the DOA, before an ID badge is issued.
The Permittee shall pay, or cause to be paid, to the DOA such non-discriminatory
charges, as may be established from time to time, ID issuance, fingerprinting fees,
lost or stolen ID badges and those not returned to the DOA in accordance with this
Section. The DOA shall have the right to require the Permittee to conduct background
investigations and to furnish certain data on such employees before the issuance
of such ID badges, which data will include a fingerprint based criminal history
records check (CHRC) of employee applicants for such badges.
2. Vehicle and Equipment, Vehicle/Equipment Operator: All vehicles and equipment
operated by the Permittee must be in good working order. All motorized and non-motorized
vehicles must have company identification displayed in a visible location. The DOA
shall have the right, but shall not be obligated, to inspect at any time, the vehicle
and equipment of the Permittee for proper safety equipment and general operating
conditions. The DOA, further has the right to require removal from the Secured Area/AOA
of the vehicle or equipment of the Permittee. In accordance with Airport and FAA
regulations, any employee of the Permittee required to operate a motor vehicle on
the air operations area (AOA) must successfully complete the Airport Driver Safety
Training (ADST) course before issuance of the SIDA badge. The ADST Course Completion
Form must be completed to receive the “D” (driver designation) on the SIDA badge.
Individuals without the “D” on their SIDA badge are not permitted to operate vehicles
in areas requiring a SIDA badge. Failure to comply with this requirement will result
in the loss of the SIDA badge. ADST is offered by the Airport Operations Division
or an authorized tenant. Contact the Airport Operations Division at 404-530-6620
for class schedules and enrollment information.
3.Standards of Service
(a) The Permittee shall furnish good, prompt and efficient services adequate to
meet all the demands for its services at the Airport, and furnish said services
on a fair, equal and nondiscriminatory basis to all users thereof; provided, however,
that the Permittee shall be allowed to make reasonable and nondiscriminatory discounts
or other similar types of price reductions to volume purchasers or users.
(b) The operations and conduct of the Permittee, its employees and agents, shall
be conducted in an orderly and proper manner so as not to annoy, disturb or be offensive
to others at the Airport. The DOA shall have the right to object to the Permittee
regarding the demeanor, conduct and appearance of the Permittee’s employees and
agents, whereupon the Permittee shall take all steps necessary to remove or correct
the cause of the objection.
(c) The Permittee shall remove or have removed all trash and refuse to such locations
in such manner as shall be designated by the DOA and in accordance with Federal,
State, County and City requirements.
4.
Common Use Facilities: The Permittee shall have the right, in common with
others, as necessary for the performance of the services authorized herein, to use
the ramps, roads, streets and bridges and all other non-exclusive or common use
facilities owned or provided by the Airport for non-exclusive air carrier use, in
accordance with regulations and operating procedures and the facility use assignment
processes of the DOA and subject to the payment of the nondiscriminatory fees, rates
and charges established by the Airport for such uses.
5.
Personnel: The Permittee shall properly manage its employees who shall
present a clean and neat appearance at all times, discharge their duties in a courteous
and efficient manner, shall be suitably dressed and wear appropriate corporate and
Airport identification.
6.
AOA - Right to Search: The Permittee agrees that its vehicles, cargo,
goods and other personal property are subject to being searched when attempting
to enter or leave and while on the Secured Area/AOA/SIDA. The Permittee further
agrees that it shall not authorize any employee or agent to enter the Secured Area/AOA/SIDA
unless and until such employee or agent has executed a written consent-to-search
form acceptable to the DOA. Persons not executing such consent-to-search form shall
not be employed by the Permittee of the Airport, in any job requiring access to
the Secure/Area/AOA/SIDA.
It is further agreed that the DOA has the right to revoke or suspend prior Secured
Area/AOA/SIDA access authorization or to prohibit an individual, agent or employee
or the Permittee from entering the Secured Area/AOA/SIDA based upon facts which
lead a person of reasonable prudence to believe that such individual, employee or
agent might be inclined to engage in theft, cargo tampering, aircraft sabotage or
unlawful activities. Any person denied access to the Secured Area/AOA/ or whose
prior authorization has been revoked or suspended on such grounds shall be entitled
to a hearing before the General Manager or his designated management representative
within reasonable time. Prior to such hearing, the person whose authorization has
been revoked or suspended or who has been denied access to the Secured Area/AOA/SIDA
shall be advised in writing, as to the reason for such action.
7.
Working Restrictions: The Permittee understands and agrees that all persons
entering and working in or around international aircraft and facilities used by
various Federal Inspection Services agencies may be subject to the consent and approval
of such agencies. Persons not approved or consented to by Federal Inspection Services
agencies may not be employed by the Permittee in areas under the jurisdiction or
control of such agencies.
E.Notices: Any notices required herein shall be delivered by hand or sent
by certified or registered mail to the parties as follows: To Hartsfield-Jackson
Atlanta International Airport:
Hartsfield –Jackson Atlanta International Airport
Attn: Assistant General Manager of Airport Operations, Security, and Maintenance
P.O. Box 20509
Atlanta, GA 30320
To the Permittee:
President/Manager
Company
Address
F.Entirety of Permit: The parties hereto agree that this Permit sets forth
the entire agreement between the parties, and that there are no promises or understandings
other than those stated herein. None of the provisions, terms and conditions contained
in this Permit may be added to, modified, superseded or otherwise altered, except
as may be specifically authorized herein or by written instrument executed by the
parties hereto.