Development of Agency projects often involves conveying Agency-owned real estate to a private developer and providing other financial incentives to development, such as tax increment. The purpose of this policy is to ensure that developer selection used to complete Agency projects in existing or future project areas are identified and selected in a manner that encourages marketplace competition, is commercially reasonable, and will enhance value to the Agency and Ogden City.
(Resolution 2023-8, 4-11-2023)
A. It is the policy of the Ogden City Redevelopment Agency to select development partners that are best suited to provide private investment in blighted areas of the community or areas with a demonstrated need for economic development. The policy applies to projects where specific Agency incentives will be used to complete the project. Consideration shall be given to the varied and unique nature of each project and the Agency's interest in ensuring that the project is completed in a way that maximizes the benefits to the Agency, Ogden City, and other partners.
B. Database of Potential Developers - Responsibilities. The executive director, or the executive director's appointee, shall establish a database of parties interested in providing development activities for the Agency. The database shall include the following information:
a. Name of company
b. State of incorporation
c. Location of primary office
d. Names of principals and/or owners of the company
e. Number of employees
f. Development expertise or primary product the company is interested in developing (e.g., single family, multi-family, mixed use, commercial, etc.)
g. General financial capabilities of the company (e.g., projects up to $XM in value)
h. Other information deemed appropriate by the executive director or appointee
C. Selection of Potential Developers - Process. The executive director shall select developers through one of the following processes:
1. Public Solicitation - Project Property Owned by the Agency
a. Public Solicitation Process. The executive director or the executive director's representative seeks proposals or services required for development of a project area by issuing a Request for Proposal (RFP), Request for Professional Qualifications (RFPQ), or Request for Bids (RFB), using the processes described in Ogden Municipal Code §4-2A et. seq. The RFP, RFPQ, or RFB should clearly outline the scope, expectations, and desired outcome for the project and include a statement whether incentives may be available for the selected developer.
b. Executive Director- Justification. Public solicitation is the preferred process for developer selection. However, if the executive director determines that using the public solicitation process is not in the best interest of the Agency for a particular project, the executive director shall provide justification for using an alternative selection process when seeking Board approval of the project.
c. Developer Selection Notice. If the executive director enters into an Exclusive Negotiations Agreement (ENA) with a selected developer, the executive director shall provide a copy of the ENA to the Board within thirty (30) days of execution.
2. Direct Negotiation
a. Potential Developers. The executive director or the executive director's representative reviews the list of developers and professional services providers in the database and selects those that most closely align with the type of project envisioned or needed by the Agency.
b. Informal Interviews. The executive director or the executive director's representative meets with the identified developers and select the developer whose experience, expertise, and financial capabilities most align with the scope of the project.
c. Justification. The executive director shall provide justification for using the Direct Negotiation process, rather than the Public Solicitation process, when seeking Board approval of the project.
d. Notice to the Board. If the executive director enters into an Exclusive Negotiations Agreement (ENA) with a selected developer, the executive director shall provide a copy of the ENA to the Board within thirty (30) days of execution.
3. Unsolicited Proposal
a. Project and Developer Evaluation. The executive director or the executive director's representative reviews unsolicited proposals to determine if the proposal is in the best interest of the Agency, taking into consideration the type and quality of the project, the capabilities and experience of the developer, and any potential incentives or expenses needed to guarantee the success of the project.
b. Justification. The executive director shall provide justification for recommending the acceptance of an Unsolicited Proposal, together with any negotiated revisions, rather than initiating a Public Solicitation process, when seeking Board approval of the project.
c. Notice to the Board. If the executive director enters into an Exclusive Negotiations Agreement (ENA) with a selected developer, the executive director shall provide a copy of the ENA to the Board within thirty (30) days of execution.
(Resolution 2023-8, 4-11-2023)