CITY OF CHARLOTTESVILLE, VIRGINIA
                  CITY COUNCIL AGENDA



  Agenda Date:        October 17, 2022

  Action Required:    Adoption of Resolution to Approve PPEA Guidelines

  Presenter:          Lisa Robertson, City Attorney

  Staff Contacts:

  Title:              Approving Public-Private Education Facilities and Infrastructure Act of
                      2002 (PPEA) Guidelines (1 reading)


Background
In 2002 the Virginia General Assembly enacted "The Public-Private Education Facilities and
Infrastructure Act of 2002" ("PPEA"). Over the past twenty years, Virginia local governments have
utilized the PPEA's procedures to deliver public facilities in a more timely or less costly fashion than
could be achieved through use of traditional public procurement procedures. The City of
Harrisonburg has constructed school buildings and at least one public park, using the PPEA process.
The City of Fredericksburg is currently using the PPEA process for the design and construction of
improvements to upgrade and expand a wastewater treatment plant. The Town of Christiansburg
used PPEA procedures for a stream restoration and culvert replacement project. Spotsylvania used
PPEA procedures for construction of a new circuit court building. Public buildings (such as city
halls), pedestrian trails, broadband infrastructure, public safety complexes--many different types of
public buildings and facilities can be accomplished more quickly, and more cost-effectively, through
PPEA procedures.

Generally--and regardless of whether any monetary consideration is involved--agreements between
a public body and a non-governmental source, for construction of buildings or improvements to land,
including recreation facilities, can be entered into only after compliance with public procurement
requirements ("RFP" or "IFB", or "design build procedures"). However, the PPEA process--if
conducted in accordance with the legislatively prescribed procedures--is exempted from traditional
requirements of the Public Procurement Act, and the PPEA allows the City the flexibility to either (i)
identify a project it would like to undertake, and invite proposals from individuals as to how the project
might be designed or constructed in partnership with a private entity to achieve cost or times savings,
or (ii) to consider unsolicited proposals from private entities (including nonprofit entities) that may
provide a path toward accomplishing projects that might not otherwise come forward from within a
public entity.

Discussion
The attached PPEA guidelines have been developed by staff, to implement the procedures required
by the state's PPEA. The PPEA is prescriptive as to several elements: (1) the requirement for a
thorough "vetting" of a proposal, either by in-house staff, or by contracted consultants; (2) items to be
included within PPEA guidelines implemented by a local government; (3) materials that must
accompany a private entity's request; (4) how to determine whether a project serves the public
purposes of the PPEA; (5) procedures for public comment regarding proposals received; and (6) the
form of the written contracts that will implement a qualifying project ("interim agreement" and
"comprehensive agreement" ).

Alignment with City Council's Vision and Strategic Plan
The proposed PPEA Guidelines are consistent with City Council's vision to be flexible and
progressive in anticipating and responding to the needs of our citizens.

Community Engagement
N/A

Budgetary Impact
None

Recommendation
It is recommended that City Council approve the proposed PPEA Guidelines.

Suggested motion: "I move the RESOLUTION approving guidelines for the consideration and
approval of public private partnerships, proposed to Council October 3, 2022"

Alternatives
City Council may decline to approve the guidelines. However, if City Council does not have
procedures compliant with the state's PPEA authorization, "partnerships" with non-government
entities should be undertaken after procurement procedures compliant with the Virginia Procurement
Act.

Attachments
1.   Resolution Approve Guidelines
2.   PPEA Oct 3 2022