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Public-Private Partnership Review

CITY PARTNERSHIP REVIEW PROCESS AND PROTOCOL AGREEMENT
RESOLUTION 30072 (continued)


EXHIBIT A

CITY PARTNERSHIP REVIEW PROCESS

TARGETED PARTNERSHIPS

Targeted partnerships subject to review should be limited to partnerships that have been identified as a targeted partnership by the City Council in a resolution in which the City is engaged in a partnership with any of the following: a private or nonprofit entity, a government agency or a Public Development Authority; where the City is seeking benefits for the public that would not otherwise be provided by the private entity; and where both the City and its partner have a financial interest. The City Council shall identify by resolution "targeted partnerships" for the next calendar year prior to year end. The Council may identify additional targeted partnerships by resolution during the year.

Targeted partnerships automatically subject to these standards should be further limited to those that involve at least $5 million in City investment. Investment in this case is not limited to cash, but applies more broadly to such things of value as City property and credit (including leases thereof).

If the Mayor or Council desire to waive the standards identified above and apply the Public-Private Partnership Protocol to partnerships not identified in the previous paragraphs, the Mayor or Council may do so by Executive Order or Council Resolution, respectively.

Partnerships between Public Development Authorities and private entities (including non-profit organizations) would be subject to these standards whenever they involve $5 million in City investment and have been identified as a targeted partnership in a Council resolution.

Housing development partnerships and street vacations in which the City is engaged shall not be subject to these standards because the means of defining and reviewing their public benefit is already established.

Federal funds over which the City has discretion may be subject to these standards. Federal funds which are "passed through" the City, and the recipient designated by a federal agency, should not be subject to these standards.

PUBLIC-PRIVATE PARTNERSHIP PROTOCOL

The attached Public-Private Partnership Protocol (Attachment 1, hereafter known as the "Partnership Protocol") should be initiated and reviewed, to the extent information is available, prior to the time the City commences formal contract negotiations with the targeted partner(s).

The City Budget Office (CBO) should make the reviewed Partnership Protocol available to the Council, representatives of the news media, organizations, citizens, and all other interested parties, and should post the document on the City’s website.

The Partnership Protocol should be re-evaluated by the preparing City agency three to five years after the investment is made to determine the extent to which anticipated City costs and public benefits have materialized.

Project Panel

A pool of 15 (fifteen) panelists should be selected for the Partnership Panel in the following manner: 5 (five) should be appointed by the Mayor; 5 (five) appointed by the City Council; and 5 (five) appointed by those 10 (ten) panelists. Panelists will be appointed for a two-year term, and can serve a maximum of two terms, for a total of four years. For each individual project to be reviewed, members of the pool shall self-select by nomination and vote of the full panel a minimum of five persons to participate in the review process.

Panelists should include persons proficient in such areas as real estate, public finance, ethics, neighborhood planning, public engagement, and other special expertise as warranted by the nature of the project. City employees are not eligible to serve on the panel.

In the interim period between the effective date of the resolution and the functional creation of the panel, the City Budget Office will complete the Partnership Protocol for identified projects.

The panel should be staffed by the City Budget Office.

Within the timeframe set by the Mayor and Council, the panel should have the responsibility to review and comment on the Partnership Protocol and other materials submitted by the City. The panel shall examine anticipated City costs and public benefits and work with City agencies to update the Partnership Protocol as additional information becomes available.

Panelists should participate in the public engagement process carried out by City departments and the City Council.

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