RESOLUTION No Adopted by The Sacramento City Council on date of

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1 P RESOLUTION No. 962 Adopted by The Sacramento City Council on date of September 30, 1971 RESOLUTION CALLING FOR SEALED OFFERS OR BIDS RELATING TO THE FOOD CONCESSION FRANCHISE AT THE SACRAMENTO MEMORIAL AUDITORIUM BE IT RESOLVED THE THE COUNCIL OF THE CITY OF SACRAMENTO: 1. That whereas Dewey Baker on August 17, 1971, applied for the food concession franchise at the Sacramento Memorial Auditorium and that the City Council is disposed to grant such a franchise. 2. The Sacramento City Council hereby invites and calls for sealed offers or bids for the food concession franchise at the Sacramento Memorial auditorium in accordance with the specifications entitled "Specifications for Food Concession Franchise at the Sacramento Memorial Auditorium". Copies of the specifications are available in the Office of the City Clerk, Room 203, City Hall, 915 I Street, Sacramento, California, Sealed offers or bids shall be submitted to the City Clerk no later than 5:00 p.m., on November 4, The offers or?aids will be opened and a hearing on the matter of the franchise referred to herein will be held on November 4, 1971, before the City Council in the City Council Chambers at the City Hall, 915 I Street, Sacramento, California at 7:30 p.m., or as soon thereafter as the matter may be heard. 4. The City Clerk shall publish this Resolution in the Sacramento Union for ten consecutive days, Sundays and legal holidays excepted. ATTEST: Lti MAY

2 W SPECIFICATIONS FOR FOOD CONCESSION FRANCHISE AT THE SACRAMENTO MEMORIAL AUDITORIUM 1. Offers or bids for the food concession franchise at the Sacramento Memorial Auditorium shall be submitted in accordance with these specifications. 2. Exhibit 1, attached hereto and incorporated herein by reference, sets forth the basic form of ordinance which the City proposes to use in granting the franchise and the form of agreement proposed to be entered into between the City and Concessionaire. 3. Exhibit C, attached hereto and incorporated herein by reference, sets forth the present menu, other items, and price list at the concession at the Auditorium. Although the Auditorium Manager will have authority to modify items sold and prices,. offers, or bids should be based on the items and prices shown in Exhibit C. Standards relating to the quality of meat are also included in Exhibit C. 4. Exhibit D, attached hereto and incorporated herein by reference, identify the property at the Auditorium which is owned by the present concessionaire. Offerors and bidders should take this into account and should note that concessionaires are required under the franchise to furnish at their expense all equipment and fixture's necessary for the operation of the franchise. 5. Persons submitting bids or offers to the City pursuant to these specifications shall deposit with the City Treasurer, either in cash or by certified check payable to the City, the sum of

3 $ a %i of the good faith of the app t and as a fund out of which to pay all expenses incurred by the City connected with such bid or offer, including the.cost of publication in the event the franchise is awarded to the applicant or others or is not awarded at all. The deposit will be returned to all persons who are unsuccessful bidders or applicants. The deposit of the applicant or person awarded a franchise will be used to pay all legal publication expenses of the City incurred in connection with the application and award of the franchise. 6. Any franchise awarded by the City Council will not become effective until sixty (60) days after the award or such later date as may be specified by the Council. However, the person to whom a franchise is awarded may, at the option of the City, be required to enter into an interim agreement with the City requiring said person to provide food concession services at the Auditorium prior to the effective date of the franchise or the commencement of the term of the franchise, whichever is the last to occur. Said interim agreement would be on the same terms and conditions as the franchise. 7. The term of the franchise shall commence either on February 1, 1972, or March 1, 1972, in the discretion of the City Council, and shall continue to January 1, The offer or bid shall be submitted in letter form and shall designate the percentage of revenues to be paid to the City of Sacramento for the franchise. The offer or bid may also include such other information relating to the offeror's or bidder's qualifications and experience which is deemed appropriate.

4 V 1W Offers or bids shall be submitted at the time and in 9. accordance with the resolution set forth in Exhibit 2, attached hereto and incorporated herein by reference. 10. The City Council reserves complete and sole discretion with respect to the offers or bids. The City Council may within sixty (60) days after the hearing on November 4, 1971, grant a franchise to an offeror or bidder upon the terms of the offer or bid or upon any modification thereof, deemed by the Council to be in the public interest. The City Council may exercise all of the powers granted pursuant to Section 214 of the Sacramento City Charter. The Council may waive any informality in any offer or bid or may modify these specifications after the hearing. The award of the franchise may be based upon factors other than th^ gross receipts percentage to be paid to the City.

5 RESOLUTION No. Adopted by The Sacramento City Council on date of BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SACRAMENTO: The Mayor and City Clerk are authorized and directed to execute an amendment to that Agreement dated September 20, 1968, between the CITY OF SACRAMENTO and DEWEY S. BAKER, JR., covering the operation of a concession at the Memorial Auditorium, to extend the term of said Agreement for an additional period. MAYOR ATTEST: CITY CLERK

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