Interim and comprehensive agreements.

Norfolk City Code § 33.1-117

in effect

Sec. 33.1-117. - Interim and comprehensive agreements. Prior to developing or operating the qualifying project, the selected private entity shall enter into a comprehensive agreement with the city. Prior to entering a comprehensive agreement, the city may first require an interim agreement permitting the private entity to perform compensable activities related to the project. The city will designate an advisory committee to be responsible for negotiating any interim or comprehensive agreement, which will be made up of city representatives. Any interim or comprehensive agreement shall define the rights and obligations of the city and the private entity with regard to the project. The city will not accept liability for any part or phase of a project prior to entering into a council-approved and properly executed interim or comprehensive agreement. (a) Interim agreement terms. The city will not execute an interim agreement requiring the city to assume risks that should be assumed by the private entity or to pay costs attributable to the private entity's efforts in making the proposal. The development and execution (upon the approval of the council) of an interim agreement is at the sole discretion of the city. The city reserves the right to terminate the evaluation of any or all proposals at any time prior to its execution of an interim agreement. (b) [Scope.] The scope of an interim agreement may include but is not limited to: (1) Project planning and development; (2) Design and engineering; (3) Environmental analysis and mitigation; (4) Survey; (5) Ascertaining the availability of financing for the proposed facility through financial and revenue analysis; (6) Establishing the process for and the timing of the negotiation of the comprehensive agreement and its approval by council; and (7) Any other provisions related to any aspect of the development or operation of a qualifying project that the parties may deem appropriate prior to the execution of a comprehensive agreement. Any changes in the terms of the interim agreement as may be agreed upon by the parties shall be added to the interim agreement by execution of a written amendment first approved by an affirmative vote of a majority of the council (not merely a majority of a quorum). (c) Comprehensive agreement terms. The scope of the comprehensive agreement will include but need not be limited to: (1) The delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project; (2) The review of plans and specifications for the qualifying project by the city; (3) The right of the city to inspect the qualifying project to ensure compliance with the comprehensive agreement; (4) The maintenance of a policy or policies of liability insurance or self-insurance, each in form and amount satisfactory to the city and reasonably sufficient to insure coverage of tort liability to the city and its officers, employees, agents and volunteers, so as to enable the continued operation of the qualifying project; (5) The monitoring of the practices of the private entity by the city to ensure proper maintenance; (6) The terms under which the private entity will reimburse the city for services provided by the city; (7) The policy and procedures that will govern the rights and responsibilities of the city and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity. These shall include but are not limited to conditions governing assumption of the duties and responsibilities of the private entity by the city and the transfer or purchase of property or other interests of the private entity by the city (any purchase or transfer of rights in real property shall be made in the usual fashion of city real estate transactions); (8) The terms under which the private entity will file appropriate financial statements on a periodic basis; (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, which shall be the same for persons using the facilities under like conditions and shall not discourage use of the qualifying project. A copy of any service contract shall be filed with the city; a schedule of the current user fees or lease payments shall be made available by the private entity to any member of the public on request; and a system of classification according to reasonable categories for assessment of user fees may be created; (10) The terms and conditions under which the city may contribute financial resources for the qualifying project; (11) The terms and conditions under which existing site conditions will be assessed and addressed, including but not limited to, the identification of the responsible party for conducting the assessment and taking necessary remedial action; (12) The terms and conditions under which the city will be required to pay money to the private entity and the amount of any such payments for the project; (13) Other requirements of the PPEA or other applicable law; and (14) Such other terms and conditions as the city may deem appropriate. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties shall be added to the comprehensive agreement by written amendment first approved by an affirmative vote of a majority of the council (not merely a majority of a quorum), and then executed by the parties. The comprehensive agreement may provide for the development or operation of phases or segments of a qualifying project. (Ord. No. 45,063, § 1, 4-9-13; Ord. No. 45,167, § 2, 6-25-13)

Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH33.1PR_ARTIXPUIVPA_S33.1-117INCOAGFetched: 11/1/2026