Board of Supervisors May 26, 2020 Sheet 1  May 26, 2020  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, MAY 26, 2020, BEGINNING AT 6:30 P.M. BY ZOOM VIDEO COMMUNICATION IN ACCORDANCE WITH THE ORDINANCE ADOPTED ON MARCH 24, 2020 TO PERMIT PUBLIC BODIES OF GREENE COUNTY TO ASSEMBLE ELECTRONICALLY, TO MODIFY PUBLIC MEETING AND PUBLIC PRACTICES AND PROCEDURES, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES, AND TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE COVID-19 PANDEMIC DISASTER  Present were:  Bill Martin, Chair Marie Durrer, Vice Chair Steve Bowman, Member Dale Herring, Member Davis Lamb, Member  Staff present:  Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director ofI Planning and Zoning Melissa Meador, Director of Emergency Services  RE: CLOSED MEETING Board approved the following: Meeting the following matter(s):  Ms. Kemp read the proposed resolution for closed meeting.  Upon motion by Dalel Herring, second by Steve Bowman and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion or consideration ofthe acquisition ofr real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating Consultation with legal counsel pertaining to actual or probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision ofl legal advice by such counsel concerning RSA. WHEREAS, pursuant to: 92.2-3711(A)(3) (A)(7) (A)(8) of the Code of Virginia, such  strategy oft the public body concerning land concerning the reservoir.  public body concerning Charlottesville Land Case.  discussions may occur in Closed Meeting;    Board of Supervisors May 26, 2020 Sheet 2  NOW,THEREFORE, BEI ITI RESOLVED that thel Board of Supervisors ofGreene County  does hereby authorize discussion oft the aforestated matters in Closed Meeting.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. RE: OPENI MEETING Board returned to open meeting. Recorded vote:  Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  By unanimous roll call vote, all members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the  motion to enter into closed meeting were discussed.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  RE: PLEDGE OFALLEGIANCE AND MOMENT OF SILENCE ofC Government Ordinance which allows for meetings tol bel held digitally.  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of silence. Mr. Martin said the Board of Supervisors is operating under Greene County's Continuity  RE: ADOPTION OF AGENDA Board approved the agenda as presented.  Upon motion by Dale Herring, second by Steve Bowman and unanimous roll call vote, the  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dalel Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors May 26, 2020 Sheet 3  RE: UPDATE ON COVID-19  Ms. Meador said there are 39,342 cases in Virginia with 1,236 deaths. The Thomas Jefferson Health District reports 451 cases and 19 deaths. Greene County has 25 cases and 1 death. A free COVID testing clinic was held at Ruckersville Elementary School on Friday, May 22 with 62 individuals tested. As oftoday, there are 58 negative results and 4 are pending. The National Guard held another N95 mask fit testing clinic at one of our long-term care facilities today. COVID-19 testing is scheduled for all staff and residents for one of our long-term care facilities this week. VDH has created ai new online risk assessment tool for individuals. Virginia remains in Phase 1. Governor Northam announced a statewide mask mandate beginning Friday May 29. This mandate will require anyone in an indoor public space to wear a face mask or face covering. There are exemptions that include eating, exercising, certain health conditions and children under the age of10. The VA Department ofLabor isi in the process of developing COVID-19 workplace safety emergency standards. Ms. Barbara Walker donated hand sewn masks to county staff. Mr. Herring clarified that a person does not have to have symptoms in order to be tested. Ms. Meador said initially tests were for people who were symptomatic but that changed. The number of cases is going up but the percentage is remaining the same or dropping across the state. Mr. Martin said the County has accepted $1.7 million in Corona Virus Relief Funds. All expenditures must ber related to COVID-19 issues. Guidanceremains vague andi rules ares still being written. Mr. Taylor said there is no additional action necessary by the Board. Expenditures must  comply with guidelines and funds returned. RE: MATTERS FROMT THE PUBLIC RE: CONSENT. AGENDA  None  Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the b. Ordinance granting a Special Use Permit (SUP#20-002) to Raymond and Heidi Hull for Resolution of intent to Amend Zoning Ordinance - Article 21, Standards for  Board approved the following items on the consent agenda: a. Minutes ofl May 12, 2020 meeting tourist lodging (See Attachment "A")  Telecommunication Antennas and Towers (See Attachment "B")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: GREENE COUNTY PPEA GUIDELINES  Mr. Taylor said the guidelines are ai necessary first step to enable Greene County to be able to consider prospects for public private partnerships which are is alternative form ofp procurement.    Board of Supervisors May 26, 2020 Sheet 4  The Board heard the first reading at their last meeting. Small clarifying editorial change were made to correct addresses on page 4 and to add "not to" on page 9 under item 2. Mr. Herring said he appreciated efforts on this by Mr. Taylor and Ms. Kemp. Mr. Lamb questioned ifc qualifying projects could include aj private school. Mr. Taylor said this program would not apply to any private facility or infrastructure. Mr. Bowman felt this is a very positive thing and hel looks forward to this providing some Mr. Martin echoed previous comments saying this could become a very useful tool. Upon motion by Dale Herring, second by Steve Bowman and unanimous roll call vote, the Board approved the PPEA Guidelines with corrections as noted. (See Attachment C")  very significant public projects for this county.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: AUNTTRANSITIONT PLAN  Mr. Brad Sheffield, Executive Director ofJAUNT, said JAUNT will assume services on July 1 and gave an overview of the transition process which includes informing the public oft the transition with a "Zoom" meeting scheduled for June 2 at 6 p.m. with the focus on the change in operations only. Future service planning will not be discussed at that time. The Board of Supervisors will hold a public hearing on June 9 to take public comment on the final step of the transition. Other steps include the transfer of employees, scheduling and bus tracking software Mr. Herring said he is very excited for our community. Mr. Lamb agreed. Mr. Bowman felt this is a great opportunity and Greene County Transit created a great base for JAUNT. Mrs. Durrer agreed with comments and asked ifthere the fee structure would be changed. Mr. Sheffield said no change in fees is expected at this time. In response to a question by Mr. Martin about vehicle maintenance, Mr. Sheffield said JAUNT will continue to have the County maintain the RE: GREENE COUNTY WATER SUPPLY AND TREATMENT PROJECT STATUS Mr. Frydl said engineering has been completed, bid documents have been drafted, the reservoir propertyacquisition! is complete, and thej pipeline easement acquisition: ist underway. The reservoir, dam, and water treatment plant engineering drawings are completed and under review. Referring to the Stantec Financial Plan for water supply, Mr. Frydl said recommendation number 2, which increased the facility fee from $10 to $30 per month has been completed. Recommendation #3 is to gradually increase the facility fee to provide funding for the reservoir which will be augmented with property tax revenues currently used to retire debt. The 2017 Stantec financial analysis was conservative and is still reasonable. Mr. Taylor said that brings us tot thej position ofbeginning the conversation and process for the next layer offacility fee increases.  installation, which will allow for the maximum use ofvehicles.  vehicles.  UPDATE    Board of Supervisors May 26, 2020 Sheet 5  These changes would take place beginning January 1, 2021 and annually for the next four years. The increases are: necessary tol be able to afford the debt service to make improvements to provide the water that our growing community needs. There has been a noticeable change in comments from RSA regarding new developments from assuring water availability to more cautious terms in question oft the system' s capacity to meet the growing community needs into the future. Mr. Martin said the proposed increase on January 1, 2021 would be from $30 to $33 per Mr. Taylor said the RSA Board voted to extend the rebate of their billing charge of$3.00 back to customers. RSA, by agreement, withholds 10% to pay themselves for the addition of the facility fee to their bill and collection of fees. The billing charge amounted to $1 per account per month when the fee was $10. Itis now $3 per account per month based on the $30 fee. Mr. Taylor suggested to the RSA Board that they consider amending the agreement to a flat $1 per account perr month in the interest ofkeeping the bill for customers as low as possible. Mr. Taylor said there are approximately 2,900 accounts. The $30 fee could decrease to $28 resulting in a savings for customers. Mr. Frydl said there was initial cost associated with equipment, software, labor in writing the program, and financial accounting to track the fees. Mr. Martin said this has been put before the RSA Board for consideration and discussion will bei tabled until ai response is received. This fee is per edu across the board. Mr. Frydl said a public hearing would need to be held by August to allow sufficient time for changes to the facility fee. Mr. Taylor said he wanted to start Mr. Lamb questioned the years the project would be financed. Mr. Taylor said we would be open tol looking at even 50-year financing as the water supply plan is on a 50-year horizon. Mr. Lamb asked ift the fee would continue beyond 2028. Mr. Taylor said remodeling of the numbers will be very important as the community grows. The facility fee was projected based on data available at the time and he would expect the fee to be maintained at that level or adjusted. Mr. Frydl said the numbers might not have to go that high because there will be a larger number of customers to share the cost if growth continues at the current rate. Mr. Martin said the County should expect growth in other counties coming our way that will want to use this water.  edu per month and continue to increase over the next four years.  the conversation early.  RE: BOARDLIAISON REPORTS  Mr. Herring said the Emergency Services Board held their first virtual meeting. The TJPDC hosted a Mayors and Chairs special meeting on COVID-19 which was very well attended. Mr. Bowman said he attended the May 20 Planning Commission meeting where a boundary line adjustment for the new store at Dyke was considered and the zoning audit was Mr. Lamb said there was a virtual meeting oft the Ruckersville Advisory Committee. Mr. Martin said there will be a special meeting of the EDA on June 2 to discuss working  discussed.  with a third-party administrator for their small business loan program.  RE: COUNTY ADMINISTRATOR UPDATE  Mr. Taylor shared photos from recent cleanup activities at the new Visitor Center. Staffis still trying to make sense of guidelines for expenditure oft the CARES Act funds coming to Greene    Board of Supervisors May 26, 2020 Sheet 6 as possible.  County. Therules are, going tol be challenging and he willl have morei information to Board as soon  RE: OTHER ITEMS FROM BOARD MEMBERS  Mr. Lamb asked for masks and hand sanitizer at all public buildings for use by the public. Mr. Taylor said hand sanitizer is available at all county facilities and he will check with Ms. Mr. Martin said he received al letter from the Department ofHistoric resources about a1 mill here in the County being considered for inclusion as a historic site which he forwarded to Mr.  Meador about masks.  Taylor and the Greene County Historical Society for comments.  RE: ADJOURNMENT meeting was adjourned. Recorded vote:  Upon motion by Mr. Herring, second by Mr. Lamb and unanimous roll call vote, the  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  Nalha William Bryan  Mark Bl Taylor, Clerk Greene Board County  Greene County Board of Supervisors  hak  of Supervisors    Board of Supervisors May 26;,2020 - Attachment "A"  0-2020-004  AN ORDINANCE (0-2020-004) GRANTING A SPECIAL USE PERMIT (SUP #20-002) TO MR. RAYMOND C. AND MRS. HEIDI HULL FOR TOURIST LODGING AS LISTED IN ARTICLE 5-1-2.4 IN THE GREENE COUNTY ZONING ORDINANCE ON APPROXIMATELY088. ACRES, ZONED R-1, RESIDENTIAL LOCATED IN DEER LAKE ESTATES SUBDIVISION AT119 RUDOLPH STREET, RUCKERSVILLE. IDENTIFIED ON COUNTYTAX MAPS AS 60E-(1)-103. THE GREENE COUNTY COMPREHENSIVE PLAN, FUTURE LAND USE MAP DESIGNATES THIS WHEREAS, 515.2-1427: and 515.2-1433 oft the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend and codify ordinances or portions thereof; and WHEREAS, 515.2-2280, 515.2-2285 and $15.2-2286 of the Code of Virginia, 1950, as amended, enables WHEREAS, on April 15, 2020 the Greene County Planning Commission held a public hearing on this WHEREAS, on April 15, 20201 the Greene County Planning Commission voted to recommend to the Board of Supervisors approval of the request to grant the Special Use Permit (SUP); and WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matter int the Greene County Record on April 30th and May 7th, 2020;and WHEREAS, the full application was available for publici inspection in the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973;and WHEREAS, on May 12th, 2020 the Greene County Board of Supervisors held a public hearing on this matter and all oft those who spoke on this topic were heard. NOW, THEREFORE, BE IT ORDAINED by the Greene County Board of Supervisors, in accordance with Article 16-2 of the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, that the SUP request is hereby approved subject to thei following conditions: 1. Failure to comply with the conditions oft this SUP may result in thei issuance ofa Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this SUP1 to the Board of Supervisors for revocation if the NOVi is not resolved as directed. 2. Allactivities: associated with this SUP shall bei in compliance with all local, state, and federal 3. The special use permit for tourist lodging is only applicable to the primary dwelling (home).  PARCEL AS "SUBURBAN RESIDENTIAL'".  al local governing body to adopt and amend zoning ordinances; and matter and all of those who spoke on this topic were heard; and  laws.  1    0-2020-004  ADOPTED BY1 THE GREENE COUNTY BOARD OF SUPERVISORS ON May 26, 2020.  Motion: Second: Votes: Martin: Bowman: Lamb: Durrer: Herring:  Dale Herring Marie Durrer  Yes Yes Yes Yes Yes  ATTEST:  Ahbhhat William Bryan Mértin, Chair Greene County/Board of Supervisors  Mark B. Taylor, Clerk Greene County Board of Supervisors  2    Board of Supervisors May 26, 2020 Attachment "B"  RESOLUTION OF INTENT TO AMEND ZONING ORDINANCE  WHEREAS, the Greene County Zoning Ordinance may from time to time be amended, supplemented, changed, modified or repealed by the governing body pursuant to WHEREAS, this resolution is to amend various sections of the text of the Zoning Ordinance, which are listed below, for purposes of correction, modification, and elaboration of general regulations. Amendments are proposed for clarification of intent,  Section 15.2-2285 of the Code of Virginia.  the addition of definitions, and correction of inconsistencies.  Article 21, Standards for Telecommunication Antennas and Towers  WHEREAS, it is desired to amend the Greene County Zoning Ordinance to comply with the Virginia Code in order to promote the efficient and effective administration of the NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good Zoning practices, the BOARD OF SUPERVISORS hereby adopts a resolution of intent to amend appropriate sections of the Greene County Zoning Ordinance to achieve the purposes described herein; and BE ITI FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. BE IT FURTHER RESOLVED THAT the Board of Supervisors (1) finds that these amendments are in furtherance of the public necessity, convenience, general welfare, and good zoning practice, (2) directs staff to prepare draft amendments for consideration, and (3) directs that the proposed amendments on these matters be brought forward for notice, hearing, Planning Commission recommendation, and Board  County's Zoning regulations.  ofs Supervisors' action.  Adopted in Open Meeting this 26th day of May, 2020  AhhAhak William Bryan Martin, Chairman Greene County/Board of Supervisors    Board of Supervisors May 26, 2020 Attachment "C"  County of Greene, Virginia  Guidelines for the Implementation oft the Public-Private Education Facilities and Infrastructure  Actof2002 Table of Contents  Introduction. I.General Provisions  p.3 p.4 p.4 p.5 p.5 p.5 p.7 p.8 p.8 p.8 p.9 p.10 p.10 p.11 p.11 p.14 p.16 p.16 p.1 16 p.17  A. Proposal Submission. B. Affected Jurisdictions C.P Proposal Review Fee.. D. Freedom ofInformation Act E. Use ofl Public funds.. F.Applicability of Other Laws  II. Solicited Proposals.. III. Unsolicited Proposals  A. Decision to Accept and Consider Unsolicited Proposal; Notice  B. Posting Requirements  C.Initial Review by the Responsible Public Entity at the Conceptual Stage..  IV. Proposal Preparation and Submission  A. Format for Submissions at the Conceptual Stage B. Format for Submissions at the Detailed Stage.. V. Proposal Evaluation and Selection Criteria A. Qualifications and Experience B. Project Characteristics C.F Project Financing  Greene County PPEA Guidelines (2020 edition)  I    D. Public Benefit and Compatibility.  p.18 p.18 p.18 p.18 p.19 p.19 p.19 p.19 p.21 p.22 p.22  E. Other Factors..  VI. Additional Review Procedures.  A. Public Private Partnership Oversight Advisory Committee.  B. Appropriating Body.  VII. Interim and Comprehensive Agreements. A. Interim Agreement Terms.. B. Comprehensive Agreement Terms  C.Public Hearing During Proposal Review Process; Notice and Posting  Requirements  VIII Governing Provisions. Terms and Definitions  Greene County PPEA Guidelines (2020 edition)  2    Introduction  The Public-Private Education Facilities and Infrastructure Act of2002 (the" "PPEA"). grants the County of Greene (the "County"), a responsible public entity as defined in the PPEA, the authority to create public-private partnerships for the development ofa wide range of projects for public usei ifthe County determines that therei is ar need for the project and that privatei involvement may provide the project to the public in a timely or cost-effective fashion. For the purposes of these guidelines, the term "County" includes its School Board in the case of education facilities. Individually negotiated interim or comprehensive agreements between a private entity and the County will define the respective rights and obligations ofthe County and the private entity. In order for a project to come under the PPEA, it must meet the definition ofa "qualifying project." The PPEA contains a broad definition of qualifying project that includes  public buildings and facilities ofa all types; for example:  1. An education facility, including but not limited to a school building (including any stadium or other facility primarily used for school events), any functionally related and subordinate facility and land to a school building and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of 2. Ab building or facility that meets a public purpose and is developed or operated by or for 3. Improvements, together with equipment, necessary to enhance public safety and security 4. Utility and telecommunications and other communications infrastructure;  higher education; any public entity;  ofbuildings to be principally used by a public entity;  5. A recreational facility;  6. Technology infrastructure and services, including but not limited to elecommunications, automated data processing, word processing and management information systems, and 7. Technology, equipment, or infrastructure designed to deploy wireless broadband services 8. Services designed to increase the productivity or efficiency through the use oft technology 9. Any improvements necessary or desirable to any unimproved locally- or state-owned real 10. As solid waste: management facility that produces electric energy from solid waste. Thel PPEA establishes requirements that the County must adhere to when reviewing and approving proposals received pursuant to the PPEA. In addition, the PPEA specifies the criteria that must be used to select a proposal and the contents oft thei interim or comprehensiveagreement detailing the  related information, equipment, goods and services; tos schools, businesses, or residential areas;  or other means; estate; or  relationship between the County and the private entity.  Greene County PPEA Guidelines (2020 edition)  3    I.General Provisions  A. Proposal Submission  A proposal may be either solicited by the County or delivered by a private entity on an unsolicited basis. In either case, the proposal shall be clearly identified as a "PPEAP PROPOSAL." Tol be considered, one original and eight (8) copies of any unsolicited proposal must be submitted  along with the applicable fee to the County Administrator, either  1. By certified mail or express delivery atP.O. Box358S Stanardsville, VA22973; or  2. Byk hand-delivery at40Celt Road, Stanardsville, VA22973.  Proposers may bei required toi followat two-part proposal submission process consisting ofaninitial  conceptual phase and a detailed phase, as described herein.  The initial phase of the proposal should contain specified information on proposers' qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, and project benefit and compatibility. The detailed proposal should contain specified deliverables. The County may discontinue its evaluation of any proposal at any time during the conceptual or detailed phase; and it may require that any proposal be clarified. Such clarification may include but is not limited to submission of additional documentation, responses  tos specific questions, and interviews with potential project participants.  The PPEA allows private entities to include innovative financing methods, including the imposition of user fees or service payments, in a proposal. Such financing arrangements may include the issuance of debt instruments, equity or other securities or obligations, including, if applicable, the portion of the tax-exempt private activity bond limitation amount to be allocated annually to the Commonwealth of Virginia pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of education facilities using public-private  partnerships, and to provide for carryovers of any unused limitation amount.  Proposals should bej prepared simply and economically, providing a concise description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the County. Project benefits tol be considered aret those occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Proposals also should include a scope of work and a financial plan for the project, containing enough detail to allow an analysis by the County of the financial feasibility of the proposed project. Any facility, building, infrastructure, or improvement included in a proposal should not be linked solely to the financing plan, as the County may determine to finance the  project through other available means.  Greene County PPEA Guidelines (2020 edition)  4    EAlfeted.lwrisdiktions  Any private entity requesting approval from or submitting a conceptual or detailed proposal to the County as the responsible public entity for a qualifying project must provide any other affected local jurisdiction with a copy ofthej private entity's request or proposal by certified mail, express delivery, or hand delivery within five (5) business days ofs submission of the proposal to the County. The private entity is responsible for documenting delivery of the request or proposal. Any such other affected local jurisdiction shall have 60 days from the date it receives its copy of the proposal to submit written comments to the County and to indicate whether the proposed qualifying project is compatible with the (i) local comprehensive plan, (ii) local infrastructure development plans, or (iri) capital improvements budget or other government spending plan. The County will consider comments received within the 60-day period in evaluating the request or proposal; however, no negative inference shall be drawn from the absence of comment by an affected jurisdiction. The County may begin or continue its evaluating ofany suchj proposal during  the 60-day period for receipt of comments from affected local jurisdictions.  C.Proposal Review Fee  The PPEA authorizes the County to charge fees to cover the costs ofprocessing, reviewing, 1. A fee in accordance with the fee schedule below, paid with certified funds, shall accompany any initial proposal to cover the cost of determining whether it is a qualifying project with a reasonable expectation of satisfying the criteria of Va. Code $ 56-575.4(C) of the PPEA of public need or benefit, reasonable estimated cost, and timely acquisition of the project. The fee shall be based on the total cost If the proposal is advanced to the detailed stage of review, an additional fee in accordance with the fee schedule below shall be due. The fee, paid in certified funds, shall accompany the proposer's submission at the detailed stage.  and evaluating proposals.  oft the proposal.  2.  Review Stage Conceptual/Initial Detail  Fee 1% 1%  Minimum $2,500.00 $5,000.00  Maximum $25,000.00 $50,000.00  D.Freedom of Information Act  1. General applicability of disclosure provisions.  Proposal documents submitted by private entities are generally subject to the Virginia Freedom ofI Information Act ("FOIA") except that subdivision 11 of$2.2-3705.6 exempts certain documents from public disclosure. FOIA exemptions, however, are discretionary, and the County may elect to release some or all ofdocuments except to the extent the documents are:  Greene County PPEA Guidelines (2020 edition)  5    a. b.  Trade secrets oft thej private entity as defined in the Uniform Trade Secrets Act(Va. Financial records of the private entity that are not generally available to the public  Code $ 59.1-336 et seq.);  through regulatory disclosure or otherwise, including but not limited to, balance sheets and  financial statements; or  C.  Other information submitted by a private entity, where ift the record or document  were made public prior to the execution of an interim or comprehensive agreement the financial interest or bargaining position oft the public or private entity would be adversely affected.  Additionally, to the extent access to proposal documents submitted by private entities are compelled or protected from disclosure by a court order, the County must comply with the  provisions ofs such order.  The County may contact the Freedom ofI Information Act Council (FOIAC) regarding the  applicability of the access provisions ofFOIA:  General Assembly Building, 2nd] Floor 910 Capitol Street Richmond, VA 23219 E-mail: Disounal@legsiateyaus  Telephone: 804/225-3056 Toll-Free: 1-866-448-4100 Fax: 804/371-8705  2. Protection from mandatory disclosure for certain documents submitted by a Before a document of a private entity may be withheld from disclosure, the private entity must make a written request to the County at the time the documents are submitted designating with specificity the documents for which the protection is being sought and a clear statement of the reasons for invoking the protection with reference to one or more of three classes of records  private entity.  listed in Section I.D.1.  Upon the receipt of a written request for protection of documents, the County shall determine whether the documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would adversely affect the financial interest or bargaining position oft the County or private entity in accordance with Section I.D.1. The County shall make a written determination oft the nature and scope of the protection to be afforded by the County under this subdivision. If the written determination provides less protection than requested by the private entity, the private entity should be accorded an opportunity to withdraw its proposal. Nothing shall prohibit further negotiations of the documents to be accorded protection from release although what may be protected must be limited to the categories ofrecords identified in Section I.D.1.  Once a written determination has been made by the County, the documents afforded protection under this subdivision shall continue to be protected from disclosure when in the possession of the County or any affected jurisdiction to which such documents are provided.  Greene County PPEA Guidelines (2020 edition)  6    Ifaj private entity fails to designate trade. secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents  shall be subject to disclosure under FOIA.  3. Protection from mandatory disclosure for certain documents produced by  the County.  The County may withhold from disclosure memoranda, staff evaluations, or other records prepared by the County, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals where () if such records were made public prior to or after the execution of ani interim or a comprehensive. agreement, the financial interest or bargaining position of the County would be adversely affected, and (ii) the basis for the determination required in  clause () is documented in writing by the County. County shall not be open to public inspection.  Cost estimates relating to a proposed procurement transaction prepared by or for the  4. The County may not withhold from public access:  (a) procurement records other than those subject to the written determination of the (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the  County;  County and the private entity;  (c) information concerning thet terms and conditions ofany financing arrangement that (d) information concerning the performance of any private entity developing or  involves the use ofany public funds; or  operating a qualifying transportation facility or a qualifying project.  However, to the extent that access to any procurement record or other document or information is compelled or protected by a court order, then the County must comply with such order.  E.Use of Public Funds  Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim or comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural requirements associated with the expenditure or obligation ofp public funds shall bei incorporated into planning for any PPEA project  or projects.  Greene County PPEA Guidelines (2020 edition)  7    E.Applicability of Other Laws  Nothing in thel PPEA shall affect the duty ofthe County to comply with all other applicable law not in conflict with the PPEA. The applicability of the Virginia Public Procurement Act (the  "VPPA") is as set forth in the PPEA. II. Solicited Proposals  The County may issue Requests for Proposals (RFPs) or Invitations for Bids (IFBs), inviting proposals from private entities to develop or operate qualifying projects. The County may not issue a RFP until it has adopted guidelines to govern the PPEA documentation, review, and selection process. The County may use a two-part proposal process consisting of an initial conceptual phase and a detailed phase. An RFP may invite proposers to submit proposals on individual projects identified by the County. In such a case the County should set forth in the RFP the format and supporting information that is required to be submitted, consistent with the provisions oft the PPEA. The County may establish suggested timelines for selecting proposals for  the review and selection of solicited proposals.  The RFP should specify, but not necessarily be limited to, information and documents that must accompany each proposal and the factors that will be used in evaluating the submitted proposals. The RFP should be posted in such public areas as are: normally used for posting of the County's notices, including the County's website. Notices should also be published in a newspaper or other publications of general circulation and advertised in Virginia Business Opportunities and posted on1 the Commonwealth's: electronic procurement site. In addition, solicited proposals should bej posted pursuant to Section III.B. The RFP should also contain or incorporate by reference other applicable terms and conditions, including any unique capabilities or qualifications that will be required of the private entities submitting proposals. Pre-proposal conferences may be held as  deemed appropriate by the County. III. Unsolicited Proposals  The PPEA permits public entities to receive, evaluate and select for negotiations The County may publicize its needs and may encourage interested parties to submit unsolicited proposals subject to the terms and conditions of the PPEA. When such proposals are received without issuance ofa an RFP, the proposal shall be treated as an unsolicited proposal under the PPEA. Unsolicited proposals should be submitted to the County Administrator in accordance  unsolicited proposals from private entities to develop or operate a qualifying project.  with section IA oft these Guidelines.  A working group comprised ofappropriate County staff may be designated by the County Administrator or his designee to review and evaluate any unsolicited proposals. Additionally, the County may engage the services of qualified professionals, which may include an architect, professional engineer, or certified public accountant, not otherwise employed by the County, to provide independent analysis regarding the specifics, advantages, disadvantages, and thel long-and short-term costs of any proposal submitted by a private entity for a qualifying project.  Greene County PPEA Guidelines (2020 edition)  8    The process for evaluating an Unsolicited Proposal, which is described in detail below, consists of four steps. Briefly summarized, upon receipt of an Unsolicited Proposal, the County's first step will be to determine whether to accept it for consideration at the conceptual stage. Ifso, then in step two, the County will give public notice of the Unsolicited Proposal. In step three the County will proceed with a review at the conceptual stage of the original Unsolicited Proposal and/or any proposal received ini response to thej public notice and accepted for consideration at the conceptual stage. Step four is an in-depth review at the detailed stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the detailed stage. However, the County may discontinue its evaluation of any proposal at any time. Furthermore, ifthe County determines that it is in the County'si interest to do sO with respect to any Unsolicited Proposal, the County may eliminate review at the conceptual  stage and proceed directly to a review at the detailed stage.  A.I Decision to Accept and Consider Unsolicited Proposal: Notice 1. The County reserves the right to reject any and all proposals at any time.  2. Upon receipt of any unsolicited proposal or group of proposals and payment of any required fee by the proposer or proposers, the County should determine whether to accept the unsolicited proposal for the purpose of publication and conceptual-phase consideration. If the County determines not to accept the proposal and not to) proceed to publication and conceptual- phase consideration, it should return the proposal, together with all fees and  accompanying documentation, to the proposer.  3. Ifthe County chooses to accept an unsolicited proposal for publication and conceptual- phase consideration, it shall post ai notice in aj public area regularly used by the County for posting of public notices for a period of not less than 45 days. The County shall also publish the same notice for a period of not less than 45 days in one or more newspapers or periodicals of general circulation in the County to notify any parties that may be interested in submitting competing unsolicited proposals. In addition, the notice should be advertised in Virginia Business Opportunities and on the Commonwealth's electronic procurement website. The notice shall state that the County (i) has received an unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal, (iri) may negotiate an interim or comprehensive agreement with the proposer based on the proposal, and (iv) will receive for simultaneous consideration any competing proposals that comply with thej procedures adopted by the County and thel PPEA. Thenotice: also shall summarize the proposed qualifying project or projects, and identify their proposed locations.  4. Prior to posting oft the notices provided for in this subsection, the County shall receive from the initial proposer thel balance due, ifany, ofthe required project proposal review fee. 5. To ensure that sufficient information is available upon which to base the development of a serious competing proposal, representatives of the County familiar with the unsolicited proposal and the guidelines established by the County shall be made available to respond to inquiries and meet with private entities that are considering the submission of a competing proposal. The County shall conduct an analysis of the information pertaining to the proposal  Greene County PPEA Guidelines (2020 edition)  9    included int thei noticei to ensuret that such information: sufficiently encourages competing proposals. Further, the County shall establish criteria, including key decision points and approvals to ensure proper consideration ofthe extent of competition from available private entities prior to selection.  B. Posting Requirements  1. 2.  Conceptual proposals, whether solicited or unsolicited, shall be posted by the Posting shall be (i) on the County's website, (ii) by publication, in a newspaper of  County within 10 working days after acceptance of such proposals.  general circulation in the area in which the contract is to be performed, of a summary of the proposals and thel location where copies ofthe proposals are available forj public inspection, or (iii) on the Virginia Department of General Service's web-based electronic procurement program  commonly known as "eVA."  3.  Nothing shall be construed to prohibit the posting of the conceptual proposals by  additional means deemed appropriate by the County sO as toj provide maximum notice tot thej public  oft the opportunity to inspect the proposals.  4.  In addition to the posting requirements, at least one copy of the proposals shall be  made available for public inspection. Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions of subdivision 11 of $ 2.2-3705.6 shall not be required to be posted, except as otherwise agreed to by the County and the private entity. Anyi inspectionofprocurement transaction records shalll be subject to reasonablerestrictions  to ensure the security and integrity of the records.  C.Initial Review by the Responsible Public Entity at the Conceptual Stage  1.  Only proposals complying with the requirements of the PPEA that contain  sufficient information for a meaningful evaluation and that are provided in an appropriate format  should be considered by the County for further review at the conceptual stage.  2. proceed using:  The County should determine at this initial stage of review whether it will  a. b.  Standard procurement procedures consistent with the VPPA; or Guidelines developed by the County that are consistent with procurement  ofother than professional services through "competitive negotiation" as thet term is defined in $2.2-4301 oft the Code of Virginia. The County may proceed using such guidelines only ifit makes a written determination that doing sO isl likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or priority ofneed; (ii) the risk sharing including guaranteed cost or completion guarantees, added value or debt, or equity investments proposed by the private entity; or (iii) the increase in funding, dedicated revenue or other economic benefit that would otherwise not be available.  Greene County PPEA Guidelines (2020 edition)  10    3.  After reviewing the original proposal and any competing proposals submitted  during the notice period, the County may determine:  a. b. C. d. e.  not toj proceed further with any proposal;  toj proceed to the detailed phase ofreview with the original proposal; toj proceed to the detailed phase with a competing proposal; toj proceed to the detailed phase with multiple proposals; or  to request modifications or amendments to any proposals. In the event that  more than one proposal will be considered in the detailed phase of review, the County should consider whether the unsuccessful proposer should bei reimbursed for costs incurred in the detailed phase ofreview, and such reasonable costs may! be assessed to the successful  proposer in the comprehensive agreement.  4.  Discussions between the County and private entities about the need for  infrastructure improvements shall not limit the ability of a County to later determine to use standard procurement procedures to meet its infrastructure needs. The County retains the right to reject any proposal at any time prior to the execution of an interim or comprehensive agreement.  IV. Proposal Preparation and Submission  A. Format for Submissions at Conceptual Stage  A County may require that proposals at the conceptual stage contain information in the following areas: (i) qualifications and experience, (ii)project characteristics, (i)project financing, (iv)anticipated public support or opposition, or both, (v) project benefit and compatibility and (vi) any additional information as the County may reasonably request to comply with thei requirements of the PPEA. Suggestions for formatting information to be included in proposals at this stage include the items listed below, as well as any additional information or documents that County  may request:  1. Qualification and Experience  a.  Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each] partner and major subcontractor: in the structure fits into the overall team. Describei the experience ofthe firm or consortium off firms making the proposal and the key principals involved in the proposed project including experience with projects ofcomparable size and complexity. Describe the length oft time in business, business experience, public sector experience and other engagements oft the firm or consortium of firms. Include the identity of any firms that will provide design, construction and completion guarantees and warranties, and a description of such  b.  guarantees and warranties.  Greene County PPEA Guidelines (2020 edition)  11    C.  Describe the past safety performance record and current safety capabilities of the firm. Describe the past technical performance history on recent projects of comparable size and complexity, including disclosure of any legal claims of the firm. Include the identity of any firms that will provide design, construction and completion guarantees and warranties and a description of such guarantees and warranties. Provide resumes of the key individuals who will be involved in the Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest oft twenty percent or greater. Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to thej project pursuant to the Virginia State and Local Government Conflict ofl Interest  project.  d. e. f.  Act, Chapter 31 (S 2.2-3100 et seq.) ofTitle2 2.2.  2. Project Characteristics  a.  Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail sO that type and intent of the project, the location, and the communities that may be affected are clearly identified. Identify and fully describe any work to be performed by the County or any other Include a list of all federal, state, and local permits and approvals required for the Identify any anticipated adverse social, economic, and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts of the Identify the projected positive social, economic, and environmental impacts oft the project. Such social and economic impacts may include but are not limited to community benefits, including the economic impact the project will have on the local community in terms oft the amount of additional tax revenue to be generated for the County, the: number ofj jobs generated for County residents and level ofpay and fringe benefits ofs such jobs, the training opportunities for apprenticeships and other training programs for County residents generated by the project, and the number and value ofs subcontracts generated for County subcontractors. Identify the proposed schedule for the work on the project, including the estimated  b. C. d.  public entity.  project and a schedule for obtaining such permits and approvals.  project.  e.  f.  time for completion.  Greene County PPEA Guidelines (2020 edition)  12    g. h. i.  Identify contingency plans for addressing public needs in the event that all or some oft the project is not completed according to the projected schedule. Propose allocation ofrisk and liability for work completed beyond the agreement's completion date, and assurances for timely completion oft the project. State assumptions related to ownership, legal liability, law enforcement, and operation ofthe project and the existence ofany restrictions on the County's useof Provide information relative to phased or partial openings of the proposed project Describe any architectural, building, engineering, or other applicable standards that  the project.  prior to completion oft the entire work. the proposed project will meet.  k. 1.  List any other assumptions relied on for the project to be successful. m. List any contingencies that must occur for the project to be successful.  3. Project Financing  a. b.  Provide aj preliminary estimate and estimating methodology ofthe cost ofthe work Submit aj plan for the development, financing, and operation oft the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds including any anticipated debt service costs. The operational plan should include appropriate staffing levels and associated costs. Include supporting due diligence studies, analyses, or reports. Include a list and discussion of assumptions underlying all major elements of the plan. Assumptions should include all significant fees associated with financing given the recommended financing approach. In addition complete disclosure of interest rate assumptions should be included. Any ongoing operational fees, if applicable, should also be disclosed as well as any assumptions with regard to Identify the proposed risk factors and methods for dealing with these factors. Identify any local, state, or federal resources that the proposer contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment. Such disclosure should include any direct or indirect guarantees or pledges of the  by phase, segment, or both.  C.  increases in such fees.  d. e.  County's credit or revenue.  Greene County PPEA Guidelines (2020 edition)  13    f. g. h.  Identify the amounts and the terms and conditions for any revenue sources. Identify any aspect of the project that could disqualify the project from obtaining Identify any third parties that the private entity contemplates will provide financing for the project and describe the nature and timing ofe each such commitment.  tax-exempt financing.  4.) Project Benefit and Compatibility  a. b. C.  Identify who will benefit from the project, how they will benefit, and how the Identify any anticipated public support or opposition, as well as any anticipated Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected Describe the anticipated significant benefits to the community, region or state, including anticipated benefits to the economic condition ofthe County and whether the project is critical to attracting or maintaining competitive industries and Describe compatibility with the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or other government Provide a statement setting forth participation efforts that are intended to be undertaken in connection with this project with regard to the following types of businesses: (i) minority-owned businesses, (ii) woman-owned businesses, (iii)  project will benefit the overall community, region, or state. government support or opposition, for the project.  by the project.  d.  businesses to the County or the surrounding region.  e.  spending plan.  f.  small businesses, and (iv) Greene County businesses.  B. Format for Submissions at Detailed Stage  Ifthe County decides to proceed tot the detailed phase ofreview with one or more proposals, the following information should bej provided by the private entity unless waived by the County: 1.A A topographical map (1:2,000 or other appropriate scale) depicting the location of the 2. A conceptual site plan indicating proposed location and configuration oft the project on the 3. A list ofp public utility facilities, ifany, that will be crossed by the qualifying project and a  proposed project; proposed site;  statement oft the plans of the proposer to accommodate such crossings;  Greene County PPEA Guidelines (2020 edition)  14    4. Ad detailed description of the proposed participation, use and financial involvement of the County in the project. Include the proposed terms and conditions for the project if they 5. As statement and strategy setting out the plans for securing all necessary property; 6. A statement and strategy setting out the plans for securing all necessary property. The statement must include the names and addresses, ifknown, of the current owners of the subject property as well as a list of any property the private entity intends to request the 7. Adetailed listing ofall firms that will provide specific design, construction and completion guarantees and warranties, and al brief description ofs such guarantees and warranties; 8. At total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a scheduleofproject: revenues and project costs. The life-cycle cost analysis should include, but not be limited to, a detailed analysis oft the projected return, rate ofreturn, orl both, expected useful lifeoffacility, and estimated annual 9. A detailed discussion of assumptions about user fees or rates, and usage oft the project or 10. Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official 11. Demonstration of consistency with appropriate local comprehensive or infrastructure development plans or indication oft the steps required for acceptance into such plans; 12. Explanation ofl how the proposed project would impact local development plans of each 13. Description of an ongoing performance evaluation system or database to track key performance criteria, including but not limited to schedule, cost, cash management, quality, 14. Identification of the executive management and the officers and directors of the firm or firms submitting the proposal. In addition, identification of any known conflicts ofinterest orother disabilities that may impact the County's consideration oft the proposal, including the identification of any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection tot thej project pursuant to the Virginia State and Local Government Conflict ofl Interest Act,  differ from the County's Standard Form contract;  public entity to condemn;  operating expenses; projects;  communications;  affected jurisdiction;  worker safety, change orders, and legal compliance;  Chapter 31 (S 2.2-3100 et seq.) ofTitle 2.2;  Greene County PPEA Guidelines (2020 edition)  15    15. Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the County. Include a detailed description of any financing plan proposed for the project, a comparison of that plan with financing alternatives that may be available to the County, and all underlying data supporting any conclusions reached in the analysis or the selection by the private entity of the financing 16. Additional material and information as the County may: reasonably request; and 17. Any additional information that the private entity finds appropriate.  plan proposed for the project;  V. Proposal Evaluation and Selection Criteria  Some or all of the following matters may be considered in the evaluation and selection of PPEA proposals. However, the County retains the right at all times to reject any proposal at any  time for any reason whatsoever.  A.Oualifications and Experience  Factors to be considered in either phase of the County's review to determine whether the proposer possesses the requisite qualifications and experience may include, but are not necessarily  limited to, the following:  1. Experience with similar projects; 2. Demonstration ofa ability to perform work;  3. Leadership structure; 4. Project manager's experience; 5. Management approach; 6. Financial condition; and 7. Project ownership. B.F Project Characteristics necessarily limited to, the following: 1. Project definition; 2. Proposed project schedule;  Factors tol be considered in determining the project characteristics may include, but are not  Greene County PPEA Guidelines (2020 edition)  16    3. Operation of thej project; 4. Technology; technical feasibility;  5. Conformity to laws, regulations, and standards;  6. Environmental impacts; 7. Condemnation impacts; 8. State and local permits; and 9. Maintenance ofthe project. C.Project Financing  Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project mayi include, but are not necessarily  limited to, the following:  1. Cost and cost benefit to the County;  2. Financing and the impact on the debt burden ofthe County;  3. Financial plan, including the degree to which the proposer has conducted due diligence investigation and analysis of the proposed financial plan and the results of any such  inquiries or studies; 4. Opportunity costs assessment; 5. Estimated cost; 6. Life-cycle cost analysis;  7. The identity, credit history, past performance of any third party that will provide financing for the project and the nature and timing oft their commitment, as applicable; and  8. Such other items as the County deems appropriate.  Int the event that any project is financed through the issuance ofobligations that are deemed tol be tax-supported debt ofthe County, ori iffinancing such aj project may impact the County's debt rating or financial position, the County may select its own finance team, source, and financing  vehicle.  Greene County PPEA Guidelines (2020 edition)  17    D.Project Benefit and Compatibility  Factors to be considered in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include, but are not  necessarily limited to, the following: 1. Community benefits;  2. Community support or opposition, or both; 3. Public involvement strategy;  4. Compatibility with existing and planned facilities; and  5. Compatibility with local, regional, and state economic development efforts.  E.Other Factors  Other factors that may be considered by the Countyi ini the evaluation and selectionofPPEA  proposals include:  1. The proposed cost of the qualifying project; 3. Thej proposed design of the qualifying project; 5. Local citizen and government comments;  2. The general reputation, industry experience, and financial capacity oft the private entity; 4. Thee eligibility of the project for accelerated documentation, review, and selection;  6. Benefits to the public, including financial and nonfinancial; good faith effort to comply with the goals ofs such plan; 8. The private entity's s plans to employ local contractors and residents;  7. The private entity's compliance with a minority business enterprise participation plan or  9. The recommendation of a committee ofr representatives of members oft the County and the appropriating body which may be established toj provide advisory oversight for thej project;  and  10. Other criteria that the County deems appropriate.  VI. Additional Review Procedures.  A. Public Private Partnership OversightAdvisory Committee  The County may establish criteria to trigger establishment of an advisory committee consisting of representatives of the County and the appropriating body to review the terms oft the proposed interim or comprehensive agreement. The criteria should include, but not be limited to, the scope, total cost and duration of the proposed project, and whether the project involves or  Greene County PPEA Guidelines (2020 edition)  18    impacts multiple public entities. Timelines for the work oft the committee should be developed and  made available to proposers.  B.Appropriating Body  Ifthe County is not the Responsible Public Entity ("RPE") for appropriating or authorizing funding to pay for a qualifying project, then the County in reviewing or approving the project should establish a mechanism for that appropriating body to review any proposed interim or comprehensive agreement prior to execution. When the School Board is the RPE, review by the  County Board of Supervisors shall satisfy this requirement. VII. Interim and Comprehensive Agreements  Prior to developing or operating the qualifying project, the selected private entity shall enter into a comprehensive agreement with the County. Prior to entering a comprehensive agreement, an interim agreement may be entered into that permits a private entity to perform compensable activities related to the project. The County may designate a working group to be responsible for negotiating any interim or comprehensive agreement. Any interim or comprehensive agreement shall define the rights and obligations of the County and the selected  proposer with regard to the project. A.I Interim Agreement' Terms  The scope of an interim agreement may include but is not limited to:  1. Project planning and development; 2. Design and engineering; 3. Environmental analysis and mitigation;  4. Survey;  5. Ascertaining the availability of financing for the proposed facility through financial 6. Establishing a process and timing of the negotiation of the comprehensive agreement; 7. Any other provisions related to any aspect of the development or operation of a qualifying project that the parties may deem appropriate prior to the execution ofa  and revenue analysis;  and  comprehensive agreement. B.Comprehensive Agreement Terms  The scope of the comprehensive agreement shall include but not bel limited to: 1. The deliveryofmaintemance, performance and payment bonds orl letters ofcrediti in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping,  maintenance, or operation of the qualifying project; Greene County PPEA Guidelines (2020 edition)  19    2. Thei review of plans and specifications for the qualifying project by the County; 3. The rights of the County to inspect the qualifying project to ensure compliance with the 4. The maintenance of a policy or policies of liability insurance or self-insurance reasonably sufficient to insure coverage of the project and the tort liability to the public and employees 5. The monitoring of the practices of the private entity by the County to ensure proper 6. The terms under which the private entity will reimburse the County for services provided; 7. The policy and procedures that will govern the rights and responsibilities of the County and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity including the conditions governing assumption of the duties and responsibilities of the private entity by the County and the transfer or purchase of 8. Thet terms under which the private entity will file appropriate financial statements on a periodic 9. The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement oft the parties. Any payments or fees shall be set at a level that is the same for persons using the facility under like conditions and that will not  comprehensive agreement;  and to enable the continued operation of the qualifying project;  maintenance;  property or other interests of the private entity by the County;  basis;  materially discourage use for the qualifying project;  a. A copy of any service contract shall be filed with the County. private entity to any member oft the public upon request.  b. A schedule of the current user fees or lease payments shall be made available by the Classifications according to reasonable categories for assessment of user fees may be  made.  10. The terms and conditions under which the County may contribute financial resources, ifa any, 11.7 The terms and conditions under which existing site conditions will be assessed and addressed, including identification of the responsible party for conducting the assessment and taking 12. The terms and conditions under which the County will be required to pay money to the private  for the qualifying project;  necessary remedial action;  entity and the amount ofa any such payments for thej project; 13. Other requirements of the PPEA or other applicable law; and 14. Such other terms and conditions as the County may deem appropriate.  Any changes in the terms of the interim or comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the interim or comprehensive agreement  by written amendment.  Greene County PPEA Guidelines (2020 edition)  20    The comprehensive agreement may provide for the development or operation of phases or C.Public hearing during proposal review process: notice and posting requirements. 1. Ats some point during the proposal review process, but atl least 30 days prior to entering into an interim or comprehensive agreement, the County shall hold a public hearing on the proposals 2. Once the negotiation phase for the development of an interim or a comprehensive agreement is complete and a decision to award has been made by the County, the County shall post the a. Posting shall be on the County's website or by publication, in a newspaper of general circulation in the area in which the contract work is tol bej performed, ofa summary oft the proposals and the location where copies oft the proposals are available forj public inspection. Posting may also be on the Department of General Service's web-based electronic procurement program commonly known as' "eVA," in the discretion of the local County. b. At least one copy of the proposals shall be made available for public inspection. Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions ofs subdivision 11 ofs2 2.2-3705.6 oft the Code of Virginia shall not be required to be posted, except as otherwise agreed to by the County and the private entity. C. Any studies and analyses considered by the County in its review of a proposal shall be disclosed to the appropriating body at some point prior to the execution of an interim or 3. Once an interim agreement or a comprehensive agreement has been entered into, the County shall make procurement records available for public inspection, upon request.  segments ofa qualifying project.  that have been received.  proposed agreement in the following manner:  comprehensive agreement.  a. Such procurement records shall include documents protected from disclosure during the negotiation phase on the basis that the release of such documents would have adverse affect on the financial interest or bargaining position oft the County or private b. Such procurement records shall not include (i) trade secrets of the private entity as defined in the Uniform Trade Secrets Act (S 59.1-336 et seq.) or (ii) financial records, including balance sheets or financial statements of the private entity that are not generally available to the public through regulatory disclosure or otherwise. To the extent access to procurement records are compelled or protected by a court  entity in accordance with Section II.D.  order, then the County must comply with such order.  4. The County shall electronically file a copy of all interim and comprehensive agreement and any supporting documents with the Auditor of Public Accounts. Such agreements and supporting documents should be provided within 30 days of the execution of the interim or  comprehensive agreement.  Greene County PPEA Guidelines (2020 edition)  21    VIII. Governing Provisions  Int the event ofany conflict between these guidelines and the PPEA, the terms oft the PPEA  shall control.  IX. Terms and Definitions project is located.  "Affected jurisdiction" means any County, city, or town in which all or a portion ofa qualifying "Appropriating body" means the body responsible for appropriating or authorizing funding to "Comprehensive agreement" means the comprehensive agreement between the private entity and the responsible public entity that is required prior to the development or operation of a "Conceptual stage" means the initial phase of project evaluation when the public entity makes a determination whether the proposed project serves a public purpose, meets the criteria for a qualifying project, assesses the qualifications and experience ofa private entity proposer, reviews "Cost-benefit analysis" means an analysis that weighs expected costs against expected benefits inc order to choose thel best option. For example, a city manager may compare the costs and benefits ofc constructing a new office building to those ofrenovating and maintaining an existing structure "Detailed stage" means the second phase of project evaluation where the public entity has completed the conceptual stage and accepted the proposal and may request additional information regarding a proposed project prior to entering into competitive negotiations with one or more "Develop" or development" means to plan, design, develop, finance, lease, acquire, install, "Interim agreement" means an agreement between aj private entity and ai responsible publicentity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are. not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes "Lease payment" means any form of payment, including a land lease, by a public entity to the "Lifecycle cost analysis" means an analysis that calculates cost of an asset overi its entire life span and includes the cost of planning, constructing, operating, maintaining, replacing, and when applicable, salvaging the asset. Although one proposal may have a lower initial construction cost, itn may not have the lowest lifecycle cost once maintenance, replacement, and salvage value is  pay for a qualifying project.  qualifying project.  the project for financial feasibility, and warrants further pursuit.  in order to select the most financially advantageous option.  private entities to develop an interim or comprehensive agreement.  construct, or expand.  activity on any part ofthe qualifying project. private entity for the use ofa qualifying project.  considered.  Greene County PPEA Guidelines (2020 edition)  22    "Material default" means any default by the private entity in the performance of its duties that "Operate" means to finance, maintain, improve, equip, modify, repair, or operate.  jeopardizes adequate service to the public from a qualifying project.  "Opportunity cost" means the cost of passing up another choice when making a decision or the "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit "Public entity" means the Commonwealth and any agency or authority thereof, any County, city or town and any other political subdivision of the Commonwealth, any public body politic and "Qualifying project" means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land ofa a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or asan institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (ii) anyimprovements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (viii) any services designed to increase the productivity or efficiency through the useoftechnology or other means; (ix) anyimprovements: necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility that produces "Responsible public entity" means a public entity that has the power to develop or operate the "Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the "Service contract" means a contract entered into between a public entity and the private entity "Service payments" means payments to the private entity of a qualifying project pursuant to a  increase in costs due to delays in making a decision.  entity, or other business entity.  corporate, or any regional entity that serves aj public purpose.  electric energy derived from solid waste. applicable qualifying project.  foregoing in aid ofsuch facility.  pursuant to $ 56-575.5 ofthe Code ofVirginia.  service contract.  "State" means the Commonwealth of Virginia.  Greene County PPEA Guidelines (2020 edition)  23    "User fees" mean the rates, fees, or other charges imposed by the private entity ofa a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive  agreement pursuant to $ 56-575.9 oft the Code of Virginia.  Greene County PPEA Guidelines (2020 edition)  24