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Resolution 532F WDT:lc 8/5/82 RESOLUTION NO. 532.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON SETTING FORTH THE PROCEDURES FOR SELECTION AND AWARD OF CONCESSION CONTRACTS. . ....... WHEREAS, there are currently no written procedures for award of concession contracts, and WHEREAS, the City Council desires to afford all interested parties a reasonable opportunity to submit pro -. posals for city concession contracts and at the same time assure that the concession agreements are in the best inter- ests of the public health, safety, and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVE AS FOLLOWS: Section. 1. Scope. This resolution covers the pro- cedures for award of city concession contracts. A conces- sion, as used in this resolution, means the grant of an exclusive or nonexclusive right to sell and /or rent goods and equipment on city property or for use on city property. Not included are public works contracts including concessions requiring construction of public improvements requiring public bids, professional services contracts, or contracts for the purchase of real or personal property. Section. 2. Request for. Proposals. The specifica- tions for a city concession shall be prepared by the Parks. and Recreation Director. The specifications shall require submission of a proposed concession contract or include a form contract with terms required by the City. After the specifications are prepared, the Parks and Recreation Director, or designee, shall make a written request for interested parties to submit proposals. The request for proposals shall be published in the City's official newspaper prior to the date the City will consider the proposals. The request for proposals shall also be advertised in such other manner as may be determined by the Parks and Recreation Director to assure adequate notice of the City's request. Such additional measures may include mailings or telephone calls to interested parties. Section 3. Evaluation. Proposals shall be evalu- ated by the city staff. In addition to other factors the staff shall consider the following when evaluating the proposals: A. The financial responsibility of the proposer; B. The operational plans including staffing proposals, maintenance plans and commitments, and security and storage plans; C. Experience and supporting resources; D. Financial arrangements; E. The development and capital improvement plans proposed, if any. In evaluating the proposals, the city staff may nego- tiate with any proposer on any item of the proposal including -2- the terms of the proposed concession contract. The staff shall make its recommendation for approval to the City Council or, if required, to the Planning Advisory Board. Section 4. Planning Advisory Board Review. The staff's recommended proposal for concession contracts over two years and involving gross sales of over $25,000.00 shall first be reviewed by the Planning Advisory Board prior to consideration by the City Council. Proposals for less than two years and or involving estimated gross sales of under $25,000.00 need not be reviewed by the Planning Advisory Board unless referred by the City Council. Section 5. Council Approval. The Council shall consider the staff recommendation and the Planning Advisory Board recommendation, if required. The Council may accept the recommendation, reject the recommendation and request a further recommendation or award the contract with modifica- tions as agreed by the parties. Section 6. Nothing contained in this resolution shall be deemed to modify or affect concession contracts in effect on the day of passage of this resolution. Section 7. Nothing in this resolution shall be deemed to require the City to solicit proposals for conces- sion contracts. The City, in its sole judgment, may -3- determine to provide concession services to the public through city staff. RESOLVED this 10 day of August 1982. APPROVED: ATTEST /AUTHENTICATED: CITY CLERK, IREN19 VARNEY MORAN FILED WITH THE CITY CLERK: August 6, 1982 -4-