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ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. This ordinance shall be known and may be cited as the "Smart Kiosk Services Installation Pilot Program Ordinance of 2011." The pilot program shall start on the effective date of this Ordinance and end 365 days after the effective date of this ordinance.
(a) For purposes of this ordinance, the following definitions apply: "Airport" means Midway Airport or O'Hare International Airport. "City" means the City of Chicago.
"Public way" has the same meaning ascribed to that term in section 1-4-090.
"smartKIOSK" means a kiosk that offers the public on-demand access to city and private sector information and services and is owned and operated by smartTECHS.net, an Illinois corporation, located at 1727 South Indiana, Chicago, Illinois.
(b) Notwithstanding any other provision of this code to the contrary, the following commissioners are authorized to implement a pilot program for the installation, operation, and maintenance of smartKIOKs, as follows:
(1) The Commissioner of Transportation is authorized to implement a pilot program for the installation, operation and maintenance of smartKIOSKs on the public way;
(2) The Commissioner of Aviation is authorized to implement a pilot program for the installation, operation and maintenance of smartKIOSKs at the airports; and
(3) The Commissioner of General Services is authorized to implement a pilot program for the installation, operation and maintenance of smartKIOSKs in city buildings and other city facilities, other than at an airport or on the public way.
(c) The terms of the pilot program shall be as follows:
(1) The Commissioner of Transportation is authorized to designate any portion of the public way for the installation, operation and maintenance of smartKIOSKs;
The Commissioner of Aviation is authorized to designated any portion of the airports for the installation, operation and maintenance of smartKIOSKs; and
The Commissioner of General Services is authorized to designate any portion of a city building or other city facility, other than an airport or on the public way, for the installation, operation and maintenance of smartKIOSKs.
(2) The smartKIOSKs will be installed by the City.
(3) The operation and maintenance of the smartKIOSKs shall be the sole
responsibility of smarTECHS.net, an Illinois Corporation, located at 1727 South Indiana, Chicago, Illinois.
(4) The City shall pay no compensation to smarTECHS.net for the installation, operation, maintenance or use of the smartKIOSKs. smarTECHS.net shall pay the City the greater of $10,000 per month, or 10% of the gross monthly revenue generated by the smartKIOSKs installed in the City's property, airports, or on the public way.
(5) At the request of the City, smarTECHS.net will immediately remove any smartKIOSK installed in city property, at the airports, or on the public way.
(6) There shall be no charge to the consumer (a member of the general public that uses the smartKIOSKs) for use of the smartKIOSKs, and the smartKIOSKs will provide the consumer with the following options:
(i) City 311 information, City alerts, City events, and other City services;
(ii) multiple language translation;
(iii) bus tracker and airline and other transit information;
(iv) coupons;
(v) maps; and
(vi) entertainment information.
(7) smarTECHS.net agrees to keep harmless the City against all liabilities, judgments, costs, and expenses which may in any way accrue against the City in the consequence of implementing this pilot program and agrees to indemnify the City for any loss, damage, cost, expense or liability of any kind which the City may incur in consequence of the smarTECHS.net's acts, omissions, negligence, or improper work.
(d) Any smartKIOSK on the public way that is authorized by this ordinance shall not require the issuance of a public way use permit pursuant to section 10-28-010.
(e) The Commissioners of Transportation, Aviation and General Services are authorized to adopt such rules and regulations as they may deem necessary for the proper implementation, administration and enforcement of this ordinance.
SECTION 2. This ordinance takes effect upon its passage and approval.
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