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To amend ch. 21, art. II, of the City Code by adding therein a new section numbered 21-76, concerning City contracts for the acquisition of information technology goods or services, as authorized by Va. Code § 2.2-4311.3.
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That Chapter 21, Article II of the Code of the City of Richmond (2026) be and is hereby amended by adding therein a new section 21-76 as follows:
Sec. 21-76. Compliance with state law; contract terms inconsistent with state law.
(a) No term or provision in any City contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A contract containing such a term or provision shall otherwise remain enforceable.
(b) Any term or provision in such a City contract that (i) makes the contract subject to, governed by, or interpreted under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the contract to be conducted in another state or country shall be void. Such contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.
(c) As used in this section, "information technology goods and services" means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services.
§ 2. This ordinance shall be in force and effect upon adoption.
DATE: 7/20/26
TO: The Honorable Members of City Council
THROUGH: The Honorable Danny Avula, Mayor
THROUGH: Mr. Odie Donald, II, Chief Administrative Officer
FROM: Rene M. Almaraz, Director of Procurement Services
RE: Amendment to City’s Public Procurement Laws - (City Code § 21-4)
PURPOSE: To amend Chapter 21 of the City Code to ensure that City contracts, for the acquisition of information technology goods and services, comply with Virginia law and are governed by Virginia jurisdiction, for purposes of disputes.
To amend Chapter 21, Article II, of the City Code by adding therein a new section, numbered 21-76, concerning City contracts for the acquisition of information technology goods or services, as authorized by Va. Code § 2.2-4311.3.
BACKGROUND: Pursuant to Va. Code § 2.2-4343(A)(10), the City has “opted out” of the Virginia Public Procurement Act (the “VPPA”), by adopting alternative policies and procedures in the form of Chapter 21 (“Public Procurement”) of the Code of the City of Richmond. The Virginia General Assembly during its 2025 session amended the VPPA, by adopting Va. Code § 2.2-4311.3, providing Virginia localities with the option to adopt provisions in their procurement policies and procedures, to ensure that contracts awarded by the locality for the acquisition of information technology goods or services are governed by Virginia law and jurisdiction, thereby protecting the locality from unfavorable out-of-state legal terms.
Adoption is recommended to align with Va. Code § 2.2-4311.3, as this change protects the City from being subject to unfavorable out-of-state laws or jurisdictions. It also reduces litigation costs and complexity, while ensuring that critical IT contracts, including those involving data security and infrastructure, are subject to familiar legal standards. Although the City has opted out of the VPPA, incorporating this statutory option strengthens local legal protections and reflects recognized best practices in public procurement.
COMMUNITY ENGAGEMENT: n/a
STRATEGIC INITIATIVES AND OTHER GOVERNMENTAL: n/a
FISCAL IMPACT: N/A
DESIRED EFFECTIVE DATE: Upon Adoption.
REQUESTED INTRODUCTION DATE: 09/14/2026
CITY COUNCIL PUBLIC HEARING DATE: 09/28/2026
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Finance and Economic Development (September 16, 2026).
AFFECTED AGENCIES: Department of Procurement Services, Office of the City Attorney.
RELATIONSHIP TO EXISTING ORD. OR RES.: Amends City Code, Chapter 21.
ATTACHMENTS: None
STAFF: Rene M. Almaraz, Director of Procurement Services, 646-5020