Whenever the City is the owner of premises or has been authorized by the Common Council pursuant to Section 383 of the Charter to enter into possession of premises in condemnation proceedings and is authorized to rent or to grant a concession, license or right to carry on a particular business in a building, public space, grounds or park or part thereof, and whenever the yearly rental revenue or income to be received by the City therefrom will exceed the sum of $1,000, the terms of such lease, concession, license or right shall be in writing, and no such lease, concession, license or right shall be granted except in the following manner:
A. The Council shall adopt a resolution directing the head of the City agency designated in the resolution to advertise for bids for the amount of rental, revenue or income to be paid to the City for the granting of a lease, concession, license or right to carry on a particular business in or to occupy a building, public space, grounds or park or a part thereof. The head of the City agency shall publish the notice in the official paper twice a week for three successive weeks. The notice shall contain a brief description of the building, public space, grounds or park or part thereof to be leased or to which a concession, license or right is to be granted, together with a statement of the provisions and restrictions upon which the proposed lease, concession, license or right is to be granted.
B. A bidder shall file with his bid a check, duly certified by an incorporated bank or trust company, payable to the City of Buffalo, in the sum of not less than 25% of the amount of rental, revenue or income which he proposes to pay for the lease, concession, license or right.
C. A bidder shall file with his bid the following information: the name of any City employee who is or will be employed by the bidder; the name of any City employee who is an officer or director of a bidder, if said bidder is a firm or a corporation; the name of any City employee who is a partner of a bidder, if said bidder is a partnership; and the name of any City employee who owns any part of a bidder or who has an interest therein.
D. The head of the City agency so advertising shall report all bids received by him to the Council, and the Council may accept the bid most favorable or, in its discretion, reject any and all bids. If a bid is accepted, the full amount of the first installment of rental, revenue or income shall be paid before the execution of the lease, concession, license or right, and each succeeding installment of rental, revenue or income shall be due and payable in advance.
E. Upon the acceptance of a bid for a lease, concession, license or right, the head of the City agency shall immediately return to each unsuccessful bidder the certified check submitted with his bid. The certified check submitted by the bidder whose bid is accepted shall be applied on the first installment of rental, revenue or income.
F. The bidder whose bid is accepted shall provide a bond in the amount the Council shall determine and complying with the provisions of §§
96-1 and
96-2 of Chapter
96 hereof, conditioned for the faithful performance of all conditions and covenants contained in the lease, concession, license or right.
G. Bids for concession, license, lease or right to carry on a particular business in public buildings and in or about the grounds of buildings of the War Memorial Stadium or the Memorial Auditorium and the parks and playgrounds may be advertised for either on a flat rental or percentage basis, or both. The certified check filed with a bid on a percentage basis shall be in the amount determined by the Comptroller, the Division of Stadium and Memorial Auditorium and the Commissioner of Parks, respectively, but in no case for less than $50, which amount shall be applied on the revenue or income to be paid by the bidder whose bid is accepted in lieu of the first installment or installments provided for in Subsections
D and
E of this section. Each succeeding installment shall be paid immediately after each event for which the concession is granted or as may be provided for in the specifications or conditions upon which the bid was submitted. Such specifications upon a percentage basis in relation to park concessions shall establish a minimum yearly or seasonal rental to be paid in any event. Except as herein modified, the provisions of this section shall apply to all bids received by the Comptroller, the Division of Stadium and Memorial Auditorium and the Department of Parks.
H. Whenever a bid for any concession and/or a license or lease to conduct a business upon City-owned property is accepted on a percentage basis, the lessee, licensee or permittee shall keep and preserve accurate records of the business conducted in a form directed by and acceptable to the Comptroller of the City for inspection at any time by the City Auditor, and the agreement therefor shall provide that any payment made upon the rental shall be based upon a sworn statement by the lessee, licensee or permittee of the gross receipts taken, to which shall be attached the numbers of the tickets sold and/or a register tape of receipts taken by the lessee, licensee or permittee.
I. Whenever the provisions and restrictions upon which the proposed lease, concession, license or right is to be granted provide for the construction or alteration of a building or part thereof or the furnishing and installation of any equipment which may be required in connection therewith and which is to be amortized during a period of time specified therein, such building or part thereof and such equipment shall be and become the property of the City of Buffalo, and the value thereof shall be determined by the head of the department or division having jurisdiction of the premises, charged with the enforcement of the agreement upon original invoices and vouchers and such other papers or instruments as may be required by him and his determination shall be final unless either of the parties affected request such determination by the Common Council.
J. The provisions of this section shall not apply to:
(1) The rental of Delaware Park Zoo, Buffalo Memorial Auditorium and War Memorial Stadium for professional baseball or football purposes nor to the letting of concession privileges or space in connection therewith.
(2) The letting and granting of all concessions to operate vending machines without regard to the amount of the rental, revenue or income to be received by the City therefrom.
(3) The advertising to lease or the leasing of the Buffalo River waterworks system as constructed pursuant to the authority granted by Chapter 493 of the Laws of New York, 1957.
(4) Advertising for lease or the leasing of the first floor area of the Broadway Market and the public parking ramp above located on the south side of Broadway between Gibson and Lombard Streets.
(5) The rental of the Erie Basin Marina nor to the letting of any facilities, space or concession privileges in connection therewith.
(6) The rental of the Shea's Buffalo Theatre, 642-646 Main Street, nor to the letting of any facilities, space or concession privilege in connection therewith.
(7) The rental of the Buffalo Hilton Hotel Parking Ramp nor to the letting of concession privileges in connection therewith.
(8) The rental of the Owen B. Augspurger Parking Ramp nor to the letting of concession privileges in connection therewith.
(9) Any lease or use permit to any concession, franchise or license or to the right to carry on any business on the premises of the proposed Downtown Baseball Stadium.
(10) The rental of the Pearl-Niagara Parking Ramp nor to the letting of concession privileges in connection therewith.
(11) The letting of concession privileges or space at the Memorial Stadium.
[Added 7-25-1995, effective 8-7-1995]
K. Whenever the City leases its real property, such lease agreement shall contain a provision requiring the lessee to either pay the City for the removal of solid waste generated at such real property or contract with a private contractor to remove solid waste generated at the real property. This subsection shall be effective as long as the City is engaged in the collection and removal of solid waste.
[Added 12-23-1997, effective 1-9-1998]