Comprehensive agreement.

Richmond, Va., City Code § 21-311

in effect

Sec. 21-311. - Comprehensive agreement. (a) In general. Prior to acquiring, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating the qualifying project, the selected proposer shall enter into a comprehensive agreement with the City. The City's review committee will be responsible for negotiating the comprehensive agreement. Each comprehensive agreement shall define the rights and obligations of the City and the selected proposer with regard to the project. (b) Terms and conditions. The terms and conditions of the comprehensive agreement shall include, but shall not be limited to: (1) The delivery of maintenance, performance and payment bonds or letters of credit in connection with the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, in the forms and amounts satisfactory to the City. (2) The review of plans and specifications for the qualifying project by the City and approval by the City if the plans and specifications conform to standards acceptable to the City. (3) The rights of the City to inspect the qualifying project to ensure that the operator's activities are acceptable to the City in accordance with the provisions of the comprehensive agreement. (4) The maintenance of a policy or policies of liability insurance or self-insurance, copies of which shall be filed with the City accompanied by proofs of coverage, in form and amount satisfactory to the City and reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project. (5) The monitoring of the practices of the operator by the City to ensure that the qualifying project is properly maintained. (6) The terms under which the operator will reimburse the City for services provided by the City. (7) The terms under which the operator will file appropriate financial statements on a periodic basis. (8) The policies and procedures that will govern the rights and responsibilities of the City and the operator in the event that the comprehensive agreement is terminated or there is a material default by the operator, including the conditions governing assumption of the duties and responsibilities of the operator by the City and the transfer or purchase of property or other interests of the operator by the City. (9) The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that are the same for persons using the facility under like conditions and that will not materially discourage use for the qualifying project. Provisions for the following shall also be included: a. A copy of any service contract shall be filed with the City. b. A schedule of the current user fees or lease payments shall be made available by the operator to any member of the public upon request. c. Classifications according to reasonable categories for assessment of user fees may be made. (10) The terms and conditions under which the City may contribute financial or in-kind resources, if any, for the qualifying project. (11) Other provisions that the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), may require or that the City may deem necessary. (c) Use of public funds. All constitutional and statutory requirements applicable to the appropriation and expenditure of public funds apply to any comprehensive agreement entered into under this article. The processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into any comprehensive agreement into which the City enters. (Code 1993, § 22.1-177; Code 2004, § 74-408; Code 2015, § 21-311; Code 2020, § 21-311; Ord. No. 2004-27-41, § 1, 2-23-2004)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH21PUPR_ARTIXPUIVPA_S21-311COAGFetched: 11/8/2026