FURNISH SERVICES ON A FAIR, EQUAL AND NOT UNJUSTLY DISCRIMINATORY
BASIS TO ALL USERS THEREOF, AND TO CHARGE FAIR, REASONABLE AND NOT UNJUSTLY
DISCRIMINATORY PRICES FOR EACH UNIT OR SERVICE; PROVIDED, THAT TENANT MAY BE
ALLOWED TO MAKE REASONABLE AND NONDISCRIMINATORY DISCOUNTS, REBATES OR OTHER
SIMILAR TYPES OF PRICE REDUCTIONS TO VOLUME PURCHASERS CONSISTENT WITH THE
LIMITATIONS SET FORTH IN SECTION 601(C).
SECTION 711.
CIVIL RIGHTS.
TENANT ASSURES THE
AUTHORITY THAT TENANT SHALL COMPLY WITH PERTINENT STATUTES, EXECUTIVE ORDERS,
AND SUCH RULES AS ARE PROMULGATED TO ASSURE THAT NO PERSON SHALL, ON THE GROUNDS
OF RACE, CREED, COLOR, NATIONAL ORIGIN, GENDER, AGE, OR HANDICAP BE EXCLUDED
FROM PARTICIPATING IN ANY ACTIVITY CONDUCTED WITH OR BENEFITING FROM FEDERAL
ASSISTANCE.
THIS SECTION OBLIGATES TENANT, FOR THE PERIOD DURING WHICH FEDERAL
ASSISTANCE IS PROVIDED TO THE AIRPORT PROGRAM, EXCEPT WHERE FEDERAL ASSISTANCE
IS TO PROVIDE, OR IS IN THE FORM OF, PERSONAL PROPERTY OR REAL PROPERTY OR
INTERESTS THEREIN OR STRUCTURES OR IMPROVEMENTS THEREON.
IN THESE EXCEPTED
CASES, THIS SECTION SHALL OBLIGATE TENANT FOR THE LONGER OF THE FOLLOWING
PERIODS:
(A) THE PERIOD DURING WHICH THE PROPERTY IS USED BY THE SPONSOR OR ANY
TRANSFEREE FOR A PURPOSE FOR WHICH FEDERAL ASSISTANCE IS EXTENDED, OR FOR
ANOTHER PURPOSE INVOLVING THE PROVISION OF SIMILAR SERVICES AND BENEFITS; OR
(B) THE PERIOD DURING WHICH THE AIRPORT SPONSOR OR ANY TRANSFEREE RETAINS
OWNERSHIP OR POSSESSION OF THE PROPERTY.
IN THE CASE OF CONTRACTORS, THIS
SECTION SHALL BIND THE CONTRACTORS FROM THE BID SOLICITATION PERIOD THROUGH THE
COMPLETION OF THE CONTRACT.
SECTION 712.
AFFIRMATIVE ACTION.
(A)
WITH RESPECT TO THE LEASED PREMISES, TENANT
AGREES TO UNDERTAKE AN AFFIRMATIVE ACTION PROGRAM AS REQUIRED BY 14 CFR
PART 152, SUBPART E, TO ENSURE THAT NO PERSON SHALL, ON THE GROUNDS OF RACE,
CREED, COLOR, NATIONAL ORIGIN OR GENDER, BE EXCLUDED FROM PARTICIPATING IN ANY
EMPLOYMENT ACTIVITIES COVERED IN 14 CFR PART 152, SUBPART E; THAT NO PERSON
SHALL BE EXCLUDED ON THESE GROUNDS FROM PARTICIPATING IN OR RECEIVING THE
SERVICES OR BENEFITS OF ANY PROGRAM OR ACTIVITY COVERED BY THAT SUBPART; AND
THAT IT WILL REQUIRE ITS COVERED SUBORGANIZATIONS TO UNDERTAKE AFFIRMATIVE
ACTION PROGRAMS, AND TO REQUIRE ASSURANCES FROM THEIR SUBORGANIZATIONS, AS
REQUIRED BY 14 CFR PART 152, SUBPART E, TO THE SAME EFFECT, TO THE EXTENT THAT
SAID REQUIREMENTS ARE APPLICABLE, AS A MATTER OF LAW, TO TENANT.
(B)
WITH RESPECT TO PROCUREMENT OF CONSTRUCTION
WORK AND CONSTRUCTION-RELATED GOODS AND SUPPLIES AND PROFESSIONAL SERVICES IN
CONNECTION WITH GRANT PROCEEDS AND/OR LEASEHOLD IMPROVEMENT CREDITS, TENANT
SHALL USE COMMERCIALLY REASONABLE EFFORTS TO STRIVE TO ATTAIN A DOLLAR AMOUNT AT
LEAST EQUAL TO FOURTEEN PERCENT (14%) UTILIZATION OF MINORITY BUSINESS
ENTERPRISES AND FOUR PERCENT (4%) WOMEN BUSINESS ENTERPRISES.
WITH RESPECT TO
THE OPERATION OF TENANT'S BUSINESS AT THE FACILITIES (INCLUDING, WITHOUT
LIMITATION, CONTRACTS WITH VENDORS OF TENANT), AND WITH RESPECT TO EMPLOYMENT OF
TENANT'S OWN WORKFORCE, TENANT SHALL USE COMMERCIALLY
56
REASONABLE, AFFIRMATIVE EFFORTS TO ENGAGE AND UTILIZE THE SERVICES OF MINORITIES
AND WOMEN. TENANT SHALL MAINTAIN RECORDS OF ALL