Sacramento Municipal Code Art. II Franchising Procedure

Except as provided in Sections 3.74.220 and 3.04.010, for any franchise the city shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the franchise. (Ord. 2000-017 § 2(j) (Exh. A))

An advertisement for bid shall be published at least once a week for two consecutive weeks. The published notice shall state where bid forms may be obtained, the time and place for the receiving and opening of sealed bids, and shall describe, in general terms, the franchise to be granted. (Ord. 2000-017 § 2(j) (Exh. A))

The council may require from prospective bidders answers to questions contained in a standard form of questionnaire and financial statement including a complete statement of the prospective bidders financial ability and experience in maintaining and operating similar or related franchises or business activities. When completed, the questionnaire and financial statement shall be verified under oath by the bidder. (Ord. 2000-017 § 2(j) (Exh. A))

Such questionnaire and financial statements are open to public inspection. (Ord. 2000-017 § 2(j) (Exh. A))

All bids shall be presented under sealed cover. (Ord. 2000-017 § 2(j) (Exh. A))

Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. (Ord. 2000-017 § 2(j) (Exh. A))

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids but only by written request filed with the city manager. The request shall be executed by the bidder or by an authorized representative. The withdrawal of a bid does not prejudice the right of a bidder to file a new bid prior to the date and time set for the opening of bids.

This section does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. (Ord. 2000-017 § 2(j) (Exh. A))

On the day and at the time named in the public notice the city clerk shall publicly open the sealed bids. (Ord. 2000-017 § 2(j) (Exh. A))

The city clerk shall place copies of all bids on file for public inspection, and shall publish notice of the availability of this file for inspection once within a week after opening the bids.

The council shall set a public hearing on the bids received not sooner than fifteen (15) days or later than sixty (60) days after opening of the bids. The council may set other public hearings as it deems in the public interest.

At the appointed time the council shall proceed to hear and consider all bidders and any other interested person. Following the hearing the council may grant a franchise in conformity with the terms of any bid or such modification thereof as the council shall deem to be in the public interest, or the council may reject all bids and readvertise for bids. (Ord. 2000-017 § 2(j) (Exh. A))

A failure on the part of the successful bidder to sign and deliver the franchise contract within thirty (30) days of receipt thereof and to provide the city with any bond and any evidence of insurance required thereunder may be treated as a refusal to execute if the city so elects. (Ord. 2000-017 § 2(j) (Exh. A))

An ordinance awarding any franchise shall contain a section of findings setting forth the basis for the council's action. (Ord. 2000-017 § 2(j) (Exh. A))

Notwithstanding any other provision of this chapter the council may in the award of any franchise avail itself of the authority set forth in Government Code Section 6500 et seq. (Ord. 2000-017 § 2(j) (Exh. A))

Each franchise ordinance shall be subject to amendment according to the terms of such franchise, and by mutual consent of the parties to such franchise. (Ord. 2000-017 § 2(j) (Exh. A))

The council may grant a franchise agreement by ordinance without competitive bidding when any one or more of the following conditions exist:

A. The bid process as prescribed in this chapter has failed to produce a successful bidder pursuant to Section 3.74.170.

B. The council determines that special circumstances make the use of the bid procedure inappropriate.

C. The council determines that it is in the best interest of the city that the bid process not be used. (Ord. 2000-017 § 2(j) (Exh. A))