PUBLIC-PRIVATE PARTNERSHIPS

Norfolk City Code ch. 33.1, art. IX

in effect

Norfolk City Code § 33.1-110 Purpose.

Sec. 33.1-110. - Purpose. (a) Purpose and definitions. This article enacts the guidelines that the City of Norfolk, Virginia, ("city") shall follow in implementing the Public-Private Education Facilities and Infrastructure Act of 2002, § 56-575.1 et seq. of the Code of Virginia, 1950, as amended (PPEA). Pursuant to the PPEA, this article allows the city to create public-private partnerships for the development of projects for public use if the city determines that there is a need for a project and that private involvement may provide the project in a timely and cost-effective fashion. In order for a project to come under the PPEA, it must meet the definition of a "qualifying project" as defined within the PPEA. Individually negotiated interim and comprehensive agreements will define the respective rights and obligations of the city and the private party in any project approved pursuant to this article. The terms used in this article shall have the meanings ascribed to them by the PPEA at § 56-575.1 of the Code of Virginia, 1950, as amended, or by section 33.1-20 of the Code of the City of Norfolk, 1979, as amended, unless the context clearly indicates a different meaning. "Business days" means Monday through Friday excluding city holidays. "Calendar days" means any day of the week including holidays. (Ord. No. 45,063, § 1, 4-9-13)

Norfolk City Code § 33.1-111 General provisions.

Sec. 33.1-111. - General provisions. (a) Proposal submission. (1) A proposal may be either solicited by the city ("solicited proposal") or delivered to the city by a private entity on an unsolicited basis ("unsolicited proposal"). Offeror's shall follow a two-part proposal submission process consisting of an initial conceptual phase and then a detailed phase. The conceptual phase of the proposal shall contain specified information on the offeror's qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, project benefit and compatibility and any other matters the city requests. The detailed phase of a proposal shall contain specified deliverables. Any proposal submitted pursuant to this policy shall be clearly identified as a PPEA proposal. (2) Any unsolicited proposal shall be submitted to the city by delivering six (6) complete copies, together with the required initial review fee as provided below, to the city manager or his designee. The city manager shall establish a committee to review and evaluate all solicited or unsolicited proposals and make recommendations to the city council concerning them. The city may require any proposal to be clarified in any manner, including but not limited to, requiring the submission of additional documentation, responses to specific written questions and interviews with the offeror and any potential project participants. (3) In addition to describing the project, conceptual proposals should provide a description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the qualifying project. Conceptual proposals should also include a scope of work and a financial plan for the project, which must contain enough detail to allow an analysis by the city of the financial feasibility of the proposed project. The cost analysis of a proposal should not be linked solely to the financing plan, as the city may determine to finance the project through other available means. The specific requirements for any solicited proposal shall be identified in the city's request for proposals ("RFP"). (b) Affected jurisdictions. (1) Any private entity requesting approval from or submitting a conceptual or detailed proposal to the city must provide any other affected jurisdictions with a copy of the proposal by certified mail, express delivery or hand-delivery within five (5) business days of its submission of the proposal to the city. Such affected jurisdiction shall have sixty (60) calendar days from the date of receipt to submit written comments to the city indicating whether the proposed qualifying project is compatible with the (a) city's comprehensive plan, (b) city's infrastructure development plans or (c) city's capital improvements, city's budget or other government spending plan. The city will consider comments received within the deadline; however, no negative inference will be drawn from the absence of comment by an affected jurisdiction. Still, the city may begin or continue its evaluation of any such proposal during the 60-day period for receipt of comments from affected jurisdictions. (2) The city may engage the services of qualified professionals, including but not limited to, an architect, professional engineer or certified public accountant not otherwise employed by the city, to provide independent analysis. (c) Freedom of Information Act. (1) General applicability of disclosure provisions. Proposal documents submitted by private entities are generally subject to the Virginia Freedom of Information Act ("FOIA") except that subdivision 11 of § 2.2-3705.6 of the Code of Virginia, 1950, as amended, exempts certain documents from public disclosure. FOIA exemptions, however, are discretionary, and the city may elect to release some or all of the proposal documents except to the extent the documents are: a. Trade secrets of the private entity as defined in the Uniform Trade Secrets Act § 59.1-336 et seq. of the Code of Virginia, 1950, as amended. b. Financial records of the private entity that are not generally available to the public through regulatory disclosure or otherwise, including but not limited to, balance sheets and financial statements; or c. Other information submitted by a private entity, where, if the record or document were made public prior to the execution of an interim or comprehensive agreement, the financial interest or bargaining position of the public or the private entity would be adversely affected. Additionally, the city shall comply with the provisions of any court order compelling access or protecting from disclosure any proposal documents submitted by private entities. (2) Protection from mandatory disclosure for certain documents submitted by a private entity. a. Any confidential and proprietary information provided to the city pursuant to this article shall be subject to disclosure under FOIA except as provided by § 56-575.4 G of the Code of Virginia, 1950, as amended. b. Before documents of a private entity may be withheld from disclosure, the private entity shall first make a written request for their withholding to the city. The private entity shall submit the request at the same time the documents are submitted and designate with specificity the documents for which the protection is being sought. The private entity shall also provide in its submission a clear statement of the reasons for invoking the protection with reference to one or more of the three classes of records listed in this article. A private entity may request and receive a determination from the city as to the anticipated scope of protection before submitting a proposal. c. Upon the receipt of a written request for protection of documents, the city will determine, with the advice of the city attorney, whether the documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would adversely affect the financial interest or bargaining position of the city or the private entity in accordance with this article. The city attorney shall make a written determination of the nature and scope of the protection to be afforded by the city. If the written determination provides less protection than requested by the private entity, the private entity will be accorded a reasonable opportunity to clarify and justify its request and re-submit it. If thereafter the city attorney's final determination is to afford less protection than requested, the private entity will be given a chance to withdraw its proposal. Nothing shall prohibit further negotiations of the documents to be accorded protection from release, although what may be protected must be limited to the categories of records identified within this article. d. Once the city attorney has made a final written determination, the protected documents shall continue to be protected from disclosure while in the possession of the city or any affected local jurisdiction. Any documents afforded such protection shall continue to be protected from disclosure when in the possession of the city or any affected jurisdiction to which such documents are provided. e. If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents shall be subject to disclosure under FOIA. (3) Protection from mandatory disclosure for certain documents produced by the city. The council may withhold from disclosure memoranda, staff evaluations, or other records prepared by the city, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals: (a) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the council would be adversely affected, and (b) the basis for the determination required in clause (a) is documented in writing by the city. Cost estimates relating to a proposed procurement transaction prepared by or for the city shall not be open to public inspection. (4) The city may not withhold from public access: a. Procurement records other than those subject to the written determination of the city; b. Information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the city and the private entity; c. Information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or d. Information concerning the performance of any private entity developing or operating a qualifying project. However, to the extent that access to any procurement record or other document or information is compelled or protected by a court order, the city must comply with such order. (d) Use of public funds. Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim or comprehensive agreement entered into under the PPEA and pursuant to this article. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any project done pursuant to this article. (e) Applicability of other laws. Nothing in this article shall affect the duty of the city to comply with all other applicable laws not in conflict with this article. The applicability of the Virginia Public Procurement Act (the "VPPA"), § 2.2-4300 et seq. of the Code of Virginia, 1950, as amended, is as set forth in the PPEA. (Ord. No. 45,063, § 1, 4-9-13)

Norfolk City Code § 33.1-112 Solicited proposals.

Sec. 33.1-112. - Solicited proposals. (a) The city may issue a request for proposals (RFP) inviting proposals from private entities to develop or operate qualifying projects pursuant to this article. The city will use a two-part proposal process consisting of an initial conceptual phase and a detailed phase. In such solicitations the city will set forth in the RFP the format and supporting information that the city requires to be submitted, consistent with the provisions of the PPEA and this article. The city may also establish suggested timelines for the review and selection of solicited proposals. The city reserves the right, at any time, to cancel any solicitation or to reject any solicited PPEA proposal, in the city's sole discretion. Furthermore, the city reserves the right to solicit proposals under this article after receiving an unsolicited proposal; in the event the city so elects, the provisions applying to soliciting proposals shall govern. (b) The RFP will specify any information and documents required by the city as well as the factors the city will use in evaluating any submitted proposals. The RFP will be posted in such public areas as are normally used for posting of the city notices, including but not limited to the city's website. Notices will also be published in a newspaper of general circulation in the city and the Hampton Roads area, advertised in Virginia Business Opportunities and posted on the commonwealth's electronic procurement website. In addition, solicited proposals will be posted pursuant to this article. The RFP will also contain or incorporate by reference other applicable terms and conditions, including any unique capabilities or qualifications that will be required of private entities submitting proposals. Pre-proposal conferences will be held as deemed appropriate by the city. Any proposal not submitted in response to a RFP issued pursuant to this article shall be an unsolicited proposal. (Ord. No. 45,063, § 1, 4-9-13)

Norfolk City Code § 33.1-113 Unsolicited proposals.

Sec. 33.1-113. - Unsolicited proposals. The city may, pursuant to the PPEA and this article, publicize its needs and encourage interested parties to submit unsolicited proposals. When a proposal is received without the prior issuance of an official RFP, the proposal is an unsolicited proposal. The city will establish timelines for the review and selection of unsolicited proposals. Unsolicited proposals shall be submitted to the city manager or his/her designee. (a) Decision to accept and consider unsolicited proposal; notice. (1) The city reserves the right to reject any unsolicited proposals at any time, in its sole discretion. (2) Upon receipt of any unsolicited proposal or group of proposals and payment of the required fee, the city will initially determine whether to accept the unsolicited proposal for the purpose of publication and conceptual-phase consideration, as described below. If the city determines not to accept an unsolicited proposal, it will return the proposal, together with any fees not expended in initially considering the proposal and accompanying documentation, to the private entity. (3) If the city chooses to accept an unsolicited proposal for publication and conceptual-phase consideration, it will give public notice in accordance with the PPEA and this article and specify a period of time not less than forty-five (45) days during which it will receive competing unsolicited proposals pursuant to § 56-575.4 of the Code of Virginia, 1950, as amended and this article. The city will publish notice during this period in one or more newspapers or periodicals of general circulation within the city and the Hampton Roads area to notify other parties that may be interested in submitting competing unsolicited proposals. In addition, the notice will be advertised in Virginia Business Opportunities and on the Commonwealth's electronic procurement website. The notice shall state that the city (a) has received an unsolicited proposal under the PPEA, (b) intends to evaluate the proposal, (c) may negotiate an interim or comprehensive agreement with the proposer based on the proposal, and (d) will receive for simultaneous consideration any competing unsolicited proposals that comply with the PPEA and this article. The notice will also summarize the proposed qualifying project, and identify its proposed locations. (4) To ensure that sufficient information is available upon which to base the development of a serious competing unsolicited proposal, representatives of the city familiar with the initial unsolicited proposal and this article will be available to respond to inquiries and meet with private entities that are considering the submission of competing unsolicited proposals. The city will conduct an analysis of the information pertaining to the unsolicited proposal included in the notice to ensure that such information sufficiently encourages competing unsolicited proposals. The city will also establish criteria, including but not limited to, key decision points and approvals, to ensure proper consideration of the extent of competition from available private entities prior to selection. Copies of the unsolicited proposals will be available upon request, subject to the provisions of FOIA and § 56-575.4 G of the Code of Virginia, 1950, as amended. (5) Before the city posts notice and proceeds, the initial proposer shall pay the balance due, if any, of the required review fee. (b) Proposal posting requirements. (1) Conceptual proposals, whether solicited or unsolicited, shall be posted by the city within ten (10) business days after acceptance of such proposals in the following manner: a. The city will post the proposal or a summary thereof on its website and by publication, in a newspaper of general circulation in the city and the Hampton Roads area. The city may also post the proposal on the department of general service's web-based electronic procurement program commonly known as "eVA," in the discretion of the city. b. The posting will include, either (i) a copy of the proposal, except for items afforded protection pursuant to this article, or (ii) a summary of the proposal and the location(s) where copies of it are available for public inspection. At least one copy of the proposal(s) shall be made available for public inspection. (2) Nothing within this article shall be construed to prohibit the posting of any conceptual proposals by additional means deemed appropriate by the city so as to provide maximum notice to the public of the opportunity to inspect any proposals. (3) Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions of subdivision 11 of § 2.2-3705.6 of the Code of Virginia, 1950, as amended, or this article need not be posted, except as otherwise agreed to by the city and the private entity. The city will impose reasonable restrictions upon the inspection of any procurement transaction records to ensure the security and integrity of the records. (c) Proposal review fee. (1) The city will charge a fee to any private entity to cover the costs of processing, reviewing, and evaluating any unsolicited proposal or competing unsolicited proposal submitted, including the costs of attorneys, outside consultants, and financial advisors. Except as otherwise provided in the RFP of a solicited proposal, no fee will be charged to process, review or evaluate solicited proposals. (2) For unsolicited proposals and competing unsolicited proposals, the city shall impose review fees based on the reasonably anticipated costs to the city in accordance with the following schedule: a. The payment of an initial fee must accompany the submission of an unsolicited proposal to the city before it will proceed with its initial review. This fee shall be one thousand dollars ($1,000.00). b. The city will impose additional fees throughout the processing, review and evaluation of the unsolicited proposal if and as the city reasonably anticipates incurring costs in excess of the initial fee. The city will notify the private entity of such additional fees as and when it anticipates incurring such costs, and the city's further continuance of the review process will be conditioned upon prompt payment of any additional fees required. (d) Review by the city at the conceptual stage. (1) Only unsolicited proposals fully complying with the requirements of this article and the PPEA that contain sufficient information for a meaningful evaluation and that are provided in the required format will be considered by the city for publication and further review at the conceptual stage. (2) The city will determine in writing before commencing the conceptual stage of review whether it will proceed using (a) standard procurement procedures consistent with the VPPA and its procurement ordinance, or (b) procedures under this article. However, the city may proceed to the conceptual phase under this article only if it first makes a written determination with the advice of the city attorney that doing so is likely to be advantageous to the city and the public based upon either: the probable scope, complexity or priority of need; the risk sharing, including but not limited to, guaranteed cost or completion guarantees, added value or debt, or equity investments proposed by the private entity; or the increase in funding, dedicated revenue or other economic benefit that would otherwise not be available. (3) After reviewing the original unsolicited proposal and any competing proposals submitted during the notice period, the city will determine either: (a) not to proceed further with any proposal; (b) to proceed to the detailed phase of review with the original proposal; (c) to proceed to the detailed phase with a competing proposal; (d) to proceed to the detailed phase with multiple proposals; or (e) to request modifications or amendments to any proposals and postpone the final decision under this subsection. The decision to proceed to the detailed phase on a conceptual proposal shall not commit the city to going forward with the proposal, and the city reserves the right, at its sole discretion, to reject a proposal after entering the detailed phase of its review. If the city proceeds with more than one proposal into the detailed stage, the city may, as its sole discretion, choose to reimburse the unsuccessful proposer for costs incurred in the detailed phase of review, and charge such costs to the successful proposer in the interim or comprehensive agreement. (4) Discussions between the city and any private entity about the need for infrastructure improvements shall not limit the ability of the city to choose to use standard procurement procedures to meet its infrastructure needs. The city retains the right to reject any proposal at any time prior to the city's approval of and the city's execution of an interim or comprehensive agreement. (Ord. No. 45,063, § 1, 4-9-13)

Norfolk City Code § 33.1-114 Proposal preparation and submission.

Sec. 33.1-114. - Proposal preparation and submission. (a) Information format for submissions at conceptual phase. Except as provided otherwise in this article or in any RFP issued for solicited proposals, conceptual stage proposals shall include the following information in the format indicated, together with any other information or documents that the city may request. (1) Qualification and experience. a. Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. All members of the proposer's team known to the proposer shall be identified and submitted at this time. Identified team members may not be substituted or replaced after the execution of a comprehensive agreement without the approval of the city in the form of a written amendment to such agreement. b. Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project, including experience with projects of comparable size and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Include the identity of any firms that will provide design, construction and completion guarantees and warranties, and a description of such guarantees and warranties. c. For each firm, contractor or major subcontractor utilized in the project, provide a statement listing all of their prior projects and clients for the past three (3) years with contact information, including names, addresses, telephone numbers and email addresses if available. If such entity has worked on more than ten (10) projects during this period, it may limit its response to ten (10), but (i) shall include all projects similar in scope and size to the proposed project, and (ii) shall include as many of its most recent projects as possible. Each such entity must submit all performance evaluation reports or other documents in its possession evaluating its performance during the preceding three (3) years in terms of cost, quality, schedule, safety and other matters relevant to successful project development, operation and completion. d. Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms making the proposal who may be contacted for further information. e. Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of twenty (20) percent or greater. f. Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to the Virginia State and Local Government Conflict of Interest Act (COIA), Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia, 1950, as amended. g. Provide for each firm, major contractor or major subcontractor that will perform construction and/or design activities, a sworn certification by an authorized representative of the firm, major contractor or subcontractor attesting to the fact that it is not currently debarred or suspended from government design or construction projects by any federal, state or local government entity. (2) Project characteristics. a. Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified. b. Identify and fully describe any work to be performed by the city or any other public entity. c. Include a list of all federal, state, and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. d. Identify any anticipated adverse social, economic, and environmental impacts of the project. Specify the strategies or actions to mitigate any known adverse impacts of the project. e. Identify the projected positive social, economic, and environmental impacts of the project. f. Identify the proposed schedule for the work on the project, including the estimated time for completion, and identify contingency plans for addressing public needs in the event that all or some of the project is not completed according to the proposed schedule. g. Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. h. Identify assumptions related to ownership, legal liability, law enforcement, and operation of the project and the existence of any restrictions on the city's use of the project. i. Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. j. Describe any architectural, building, engineering or other applicable standards that the project will meet. k. List any contingencies that must occur for the project to be successful. l. List any other assumptions relied upon for the project to succeed. (3) Project financing. a. Provide a preliminary estimate (and estimating methodology) of the cost of the work by phase, segment, or both. b. Submit a plan for the development, financing, and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds including any anticipated debt service costs. The operational plan shall include appropriate staffing levels and associated costs, and any due diligence studies, analyses, or reports. c. Include a list and discussion of assumptions underlying all major elements of the plan. Assumptions shall include all fees associated with financing given the recommended financing approach and disclose all interest rate assumptions. Also disclose any ongoing operational fees, if applicable, as well as any assumptions with regard to increases in such fees. d. Identify all anticipated risk factors and methods for dealing with them. e. Identify any local, city, state, or federal resources that the proposer contemplates requesting for the project. Describe the total commitment, if any, expected from government sources (and identify each source), and the timing of any anticipated commitment. Such disclosure shall include any direct or indirect guarantees or pledges of the city's credit or revenue. f. Identify the amounts and the terms and conditions for any revenue sources. g. Identify any aspect of the project that could disqualify the project from obtaining tax-exempt financing. (4) Project benefit and compatibility. a. Identify who will benefit from the project, how they will benefit and how the project will benefit the city, the overall community, region or state. Describe the nature of these benefits. Indicate whether additional tax revenue will be generated for the city and in what amount. b. Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. c. Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies within the city and any other areas affected by the project. d. Describe the anticipated benefits to the city, the region or state as a whole, including but not limited to, any anticipated benefits to the economic condition of the city. Indicate whether the project is critical to attracting or maintaining competitive industries and businesses to the city or the region. e. Describe the project's compatibility with the city's local comprehensive plan, local infrastructure development plans, capital improvements budget, and any other government spending plan. f. Provide a statement indicating what participation efforts the proposer intends to undertake in connection with this project with regard to including the following types of businesses: (i) minority-owned businesses, (ii) woman-owned businesses, and (iii) small businesses. (b) Format for submissions at detailed stage. If the city decides to proceed to the detailed phase of review with one or more proposals, the following information shall be provided by each proposer unless waived by the city: (1) A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project; (2) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the proposer to accommodate such crossings, which shall include the names and addresses, if known, of the current owners, and a list of any properties the proposer will ask the city to condemn; (3) A statement and strategy setting out the plans for securing all necessary property and the estimated cost of such property; (4) A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties, and a description of such guarantees and warranties; (5) A total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis shall include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility, and estimated annual operating expenses; (6) A detailed discussion of assumptions about user fees or rates, and usage of the projects. (7) Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support shall be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications; (8) Demonstration of consistency with appropriate local comprehensive or infrastructure development plans or indication of the steps required for acceptance into such plans; (9) Sufficient design and engineering detail to establish floor plans, elevations and site characteristics; (10) Explanation of how the proposed project would impact the city's development plans and those of any affected jurisdictions; (11) Identification of the executive management and the officers and directors of the firm or firms submitting the proposal. In addition, identification of any known conflicts of interest or other disabilities that may impact the city's consideration of the proposal or the city's approval of any interim or comprehensive agreement, including the identification of any persons known to the proposer obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to the COIA; (12) Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the city. This analysis shall include a detailed description of any financing plan proposed for the project, a comparison of that plan with financial alternatives that may be available to the city and all underlying data supporting any conclusions reached in the proposer's analysis or selection of the financing plan proposed for the project; (13) Detailed listing of all performance securities the proposer will provide to guarantee success of the project, and what payments or returns will be made to the city if the project is not fully and successfully completed; and (14) Any other additional material and information the city may request. (Ord. No. 45,063, § 1, 4-9-13)

Norfolk City Code § 33.1-115 Proposal evaluation.

Sec. 33.1-115. - Proposal evaluation. The city will consider the following when evaluating and selecting a proposal under the PPEA and this article: (a) Qualifications and experience. Factors to be considered in either phase of the city's review to determine whether the private entity possesses the requisite qualifications and experience include: (1) Experience with similar projects; (2) Demonstration of ability to perform work, including but not limited to, a record of successful past performances on similar projects; (3) Leadership structure; (4) Project manager's experience; (5) Management approach; (6) Financial condition; (7) Project ownership; and (8) Any other factors the city deems appropriate. (b) Project characteristics. Factors to be considered in determining the project characteristics include but are not limited to: (1) Project definition; (2) Proposed project schedule; (3) Operation of the project; (4) Technology and technical feasibility; (5) Conformity to laws, regulations, and standards; (6) Environmental impacts; (7) Condemnation impacts; (8) City, state and other local permits (if any); (9) Maintenance of the project; and (10) Any other factors the city deems appropriate. (c) Project financing. Factors to be considered in determining whether the proposed project financing allows access to the necessary capital at the lowest practical cost given the nature of the project shall include but are not limited to: (1) Cost and cost benefit to the city; (2) Financing and the impact on the debt burden of the city; (3) Financial plan, including the overall feasibility and reliability of the plan; the proposer's past performance with similar plans and projects; and the degree to which the proposer has conducted a due diligence investigation of the proposed financial plan and the results of any such inquiries or studies; (4) Opportunity costs assessment; (5) Estimated cost; (6) Life-cycle cost analysis; (7) The identity, credit history and past performance of any third party that will provide financing for the project and the nature and timing of their commitment, as applicable; and (8) Such other items as the city deems appropriate. In the event that any project is financed through the issuance of obligations that are deemed to be tax-supported debt of the city, or if financing such a project may impact the city's debt rating or financial position, the city may choose to select its own finance team, source, and financing vehicle. (d) Project benefit and compatibility. Factors to be considered in determining the proposed project's compatibility with any appropriate local or regional comprehensive or development plans include but are not limited to: (1) Community benefits; (2) Community support or opposition, or both; (3) Strategies for involving the community in decisions; (4) Compatibility with existing and planned city facilities; and (5) Compatibility with city and any other relevant local, regional, and state economic development efforts. (e) Other factors. Other factors that may be considered by the city in the evaluation and selection of proposals pursuant to this article include but are not limited to: (1) The proposed cost of the qualifying project; (2) The general reputation, industry experience, and financial capacity of the proposer; (3) The proposed design of the qualifying project; (4) The eligibility of the project for accelerated documentation, review, and selection; (5) The comments of Norfolk citizens and government agencies; (6) The likely benefits to the public, including financial and nonfinancial; (7) The private entity's compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (8) The private entity's plans to employ local contractors and residents; (9) The recommendation of a committee established to provide advisory oversight for the project, made up of representatives of the city; and (10) Any other criteria that the city deems appropriate. (Ord. No. 45,063, § 1, 4-9-13; Ord. No. 45,167, § 1, 6-25-13)

Norfolk City Code § 33.1-116 Reserved.

Norfolk City Code § 33.1-117 Interim and comprehensive agreements.

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)

Norfolk City Code § 33.1-118 Additional review procedures.

Sec. 33.1-118. - Additional review procedures. (a) The city will establish an advisory committee of city representatives to review proposals under this ordinance [article] and to recommend to the council whether to execute any interim or comprehensive agreement. (b) The following decisions require council action in the manner described: (1) Interim agreement. The city may only enter into or amend an interim agreement with the approval of a majority of the council as a whole (not merely a majority of a quorum); and (2) Comprehensive agreement. The city may only enter into or amend a comprehensive agreement with the approval of a majority of the council as a whole (not merely a majority of a quorum). (Ord. No. 45,063, § 1, 4-9-13; Ord. No. 45,167, § 3, 6-25-13)

Norfolk City Code § 33.1-119 Procurement of insurance.

Sec. 33.1-119. - Procurement of insurance. Except in instances where the city manager determines in writing that the use of competitive negotiation is preferred because it is both practicable and fiscally advantageous to the public, insurance shall be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in Virginia Code § 2.2-4302.2. (Ord. No. 46,117, § 1, 10-27-15)

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_ARTIXPUIVPAFetched: 11/1/2026