Sacramento Municipal Code Ch. 3.72 Concession Contracts

The council may enter into contracts with persons, firms, or corporations to construct, maintain, and operate concessions on city property for the safety and convenience of the general public in the use and enjoyment of the city property. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.060)

Except as provided in Sections 3.72.120 and 3.04.010, all concession contracts authorizing occupancy of city property for a period of more than seventy-two (72) hours shall be awarded to the best responsible bidder. "Best responsible bidder" means the bidder as determined by standards established by the council, and who, in the opinion of the council, will operate the concession consistent with the contract and in the best interest of the city and the public. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.061)

For any concession contract authorizing occupancy by the concessionaire for a period of more than seventy-two (72) hours of city property, the city shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons to bid solely on the basis of rates to be paid to the city. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.062)

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 concession to be operated. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.063)

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 bidder's financial ability and experience in maintaining and operating similar or related concessions or business activities. When completed, the questionnaire and financial statement shall be verified under oath by the bidder. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.064)

All bids shall be presented under sealed cover. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.065)

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(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.066)

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(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.067)

On the day named in the public notice the city clerk shall publicly open the sealed bids. The council shall carefully study and analyze all such bids and, on or after the seventh day after the bids are opened, may award the concession to the person then determined to be the best responsible bidder. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.068)

A failure on the part of the successful bidder to sign and deliver the concession 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. If the council deems it is for the best interest of the city, it may, on the refusal or failure of the successful bidder to execute the contract, award it to the second best responsible bidder.

If the second best responsible bidder fails or refuses to execute the contract, the city may likewise award it to the third best responsible bidder. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.069)

If the council deems that the acceptance of any bid is not in the best interest of the city, it may reject all bids and call for new bids or proceed as provided in Section 3.72.120. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.070)

The council may, without competitive bidding, enter into a contract, 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 3.72.100.

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(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.071)

The city manager may enter into concession contracts without calling for bids for concession service to areas which will primarily serve city employees. (Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.072)

The council may by resolution approve the amendment of any concession contract, or may in the initial concession contract authorize the city manager to enter into minor concession contract amendments, provided that the amount of the expenditure or income resulting from the amendment is less than $250,000. (Ord. 2020-0013 § 18; Ord. 2000-017 § 2(k)(iii) (Exh. D); Ord. 2000-013 § 1; prior code § 12.03.073)