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R-26-12 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERIM AGREEMENT FOR THE DESIGN OF A NEW CITY HALL AND PARKING GARAGE. WHEREAS, on June 27, 2025, the City received an unsolicited proposal (the "Proposal") under the Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA") for the construction of a new City Hall and Parking Garage at 220 County Street (the "Project"); and WHEREAS, on September 23, 2025, the City Manager issued a letter preliminarily accepting the Proposal for the purpose of publication and conceptual phase consideration, which triggered the issuance of a solicitation for competing proposals; and WHEREAS, as required by the City's PPEA Guidelines (the "Guidelines"), the City solicited competing proposals by advertising in the newspaper and on the eVA procurement website and the City website, and no competing proposals were received; and WHEREAS, the City has determined that, among other things, it would be advantageous to proceed with the Project using procedures for competitive negotiation, rather than sealed, competitive bids, given the probable scope, complexity and urgency of the Project; the merits of risk -sharing and the potential for added value; and the economic benefit from the Project that might otherwise not be available; and WHEREAS, a public hearing was held on March 10, 2026 to receive public comment on the Proposal; and WHEREAS, City staff completed a conceptual review of the Proposal, and, in accordance with Resolution R-26-10 adopted by City Council on March 10, 2026, the City and RHM Developers, LLC have negotiated an Interim Agreement to provide for the completion of 35% design for the Project for a contract price of $2,915,600 (the "Interim Agreement"); and WHEREAS, the draft Interim Agreement has been posted on the City website; and WHEREAS, having considered the draft Interim Agreement and other information, the City has determined that the Project to be designed pursuant to the Interim Agreement and potentially constructed pursuant to a subsequent Comprehensive Agreement, serves the public purpose of the PPEA under the criteria of § 56-575.4(C) of the Virginia Code; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the Interim Agreement between the City and RHM Developers, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved.