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Kentucky P3 Conference - Agenda

Day One: Thursday, October 27, 2016

8 a.m.
Registration and Continental Breakfast

8:30 a.m.
Welcome and Overview

Dave Adkisson, President & CEO, Kentucky Chamber of Commerce

8:45 a.m.
What is the New P3 Law in Kentucky?

Representative Leslie Combs and Senator Max Wise
Moderator: Ashli Watts, Vice President of Public Affairs, Kentucky Chamber of Commerce

Kentucky recently passed new legislation authorizing public-private partnerships. In addition, the Commonwealth has adopted regulations describing how the new law should be implemented. This session will take a closer look at the law and regulations and explain how it will apply throughout the Commonwealth. The session will answer the following questions:

  • What does the law say?
  • How is it different than other states’ P3 legislation?
  • What about the new regulations that were recently adopted?

9:45 a.m.
P3 Opportunities in Kentucky — How the Law Will Work

Leigh Powers, Executive Director and General Counsel, Kentucky Tourism, Arts and Heritage Cabinet; Gwen Pinson, General Counsel, Kentucky Finance and Administration Cabinet; and Megan McLain, General Counsel, Kentucky Transportation Cabinet
Moderator: Kelley Goes, Member, Jackson Kelly PLLC

Now that Kentucky has a new P3 law, what does the Commonwealth have planned? What can the private sector expect from state and local leaders? What will the project pipeline be?

11:15 a.m.
The Framework of Public-Private Partnerships

Rebecca Brooks, Vice President, H.W. Lochner, Inc. and John Smolen, Partner, Nossaman LLP
Moderator: Patrick Hughes, Partner, Dressman Benzinger LaVelle PSC

This session will give an overview of public-private partnerships, from defining them to giving examples of how they are used in states, counties and cities. Specifically, the session will address:

  • What are P3s all about?
  • How do P3s differ from traditional privatization and procurement processes?
  • What are the different structures for P3 transactions (mid-term to long-term O&M contracts; design, build, operate and maintain (DBOM) contracts; design, build, finance, operate and maintain (DBFOM) transactions; concession, lease and franchise transactions)?
  • Understanding what P3s can and cannot do. What are some of the basic considerations that should be taken when planning to use a public-private partnership?
  • What sectors and types of projects are most amenable to consideration of P3 structures?

12:30 p.m.
Luncheon Keynote: P3 and Tourism in Kentucky

Don Parkinson, Secretary, Tourism, Arts, and Heritage Cabinet, Commonwealth of Kentucky

2 p.m.
First Steps in the Process

Matthew Feher, Counsel, Burns & Levinson LLP and Philippe Rapin, Director, Transaction Advisory, Mott MacDonald
Moderator: Cassidy Rosenthal, Member and Office Executive Member, Stites & Harbison, PLLC

So, you want to do a P3, now what? This session will give attendees an overview of what they should do once they decide that P3 is an option. The session will address:

  • Preparing the agency.
  • What are the drivers? Why do government entities pursue a public-private partnership?
  • What attracts the private sector to these projects?
  • Identifying a P3 champion.
  • Bringing and keeping stakeholders on board.
  • Implementing an active communications plan.
  • Formulating the project based on the agency’s needs.
  • Evaluating whether a project is a suitable candidate for a P3.
  • Evaluating whether the agency has sufficient legal authority for a P3, and what procurement procedures apply
  • Considering options for P3 approaches.
  • Identifying and marshaling the resources required to implement a successful P3.
  • Following the steps in the procurement process.
  • Developing a project’s technical specifications.

4 p.m.
P3 Opportunities in Kentucky — The Private Perspective (Opportunities and Future Projects)

Juva Barber, Executive Director, Kentuckians for Better Transportation; Warren Rogers, President, W. Rogers Company; and Nick Rowe, President, Kentucky American Water
Moderator: David Rogers, Member, Frost Brown Todd LLC

Now that Kentucky has a new P3 law, what does the private sector think? How do they want to engage in P3s and what will keep their interest in the process?

5 p.m.
Networking Reception with Sponsors

6:30 p.m.
Day one adjourns


Day Two: Friday, October 28, 2016

8 a.m.
Registration and Continental Breakfast

8:30 a.m.
Welcome and Overview

Ashli Watts, Vice President of Public Affairs, Kentucky Chamber of Commerce

8:35 a.m.
P3 Market Trends

Ted Hamer, Managing Director, KPMG Corporate Finance LLP and Kendra Fretz Morris, Director, P3 Projects, American Water
Moderator: Michael Hirn, Partner, Dinsmore & Shohl LLP

Where is the P3 market headed? What sectors are primed for P3 growth? How will the market trends affect your approach to projects? This session will explore all of these questions as organizations think about entering the P3 market.

9:15 a.m.
The Procurement Process

Jon Godsmark, Senior Vice President, Ernst & Young LLP; Jennifer Linton, Executive Director, Office of Facility Development and Efficiency, Kentucky Finance and Administration Cabinet; and Sean Morley, Partner, Fasken Martineau
Moderator: John Hays, Member, Jackson Kelly PLLC

Once you’ve determined to undertake a P3, what are the key steps in procuring the project? This session will take a closer look at the following important steps in the procurement process.

  • Steps in the procurement process — request for expression of interest; request for qualifications, request for proposal (including how to solicit information to make a best value determination).
  • Running a transparent procurement while maintaining the confidentiality of bidders — How much information can be released and at what point in the process do you release it?
  • Stipends to bidders — how much should be paid, when should payments be made and for what are bidders being paid?
  • Development of a project’s technical specifications.
  • How do encourage innovation (i.e., Alternative Technical Concepts) during the procurement phase?
  • Timing of the procurement and the status of the environmental/permitting process.
  • Identification and allocation of risks — balancing the public agency and private sector perspectives; and how best to develop insurance provisions in an agreement.

10:45 a.m.
Current (Completed) Kentucky Projects

Penny Cox, Director, Housing Project Implementation & New Strategies, University of Kentucky; Eliot Jamison, Senior Vice President, Macquarie Capital; Mike Lee, COO, First Solutions P3, Inc.; and James Stark, Deputy Commissioner of Innovate Project Delivery, Indiana Department of Transportation
Moderator: Charlotte Turner McCoy, Member, Stites & Harbison, PLLC

This session will take a close look at several projects that have been discussed or are currently underway in Kentucky and the region, including projects at the University of Kentucky, Interstate 69, and the bridges connecting Kentucky to its neighbors.

11:45 a.m.
Luncheon Panel:  Best and Worst Practices - A Local Government Perspective

Tony Kinn, Hannon Armstrong and former Director, Virginia Office of Transportation Public-Private Partnerships; Bruce Tobey, Partner, Pannone Lopes Devereaux & West LLC and former Mayor of Gloucester, Massachusetts; and Dave Zelenok, Manager, Local Government Services, HR Green, Inc. and former Chief Innovation Officer, City of Centennial Colorado
Moderator: J.D. Chaney, Deputy Executive Director, Kentucky League of Cities

Former public sector leaders from other states discuss how they do P3s, lessons learned and advice they have for Kentucky leaders.

1:15 p.m.
Negotiating the P3 Agreement

Joe Sullivan, Partner, Hawkins Delafield & Wood LLP and Justin Weisberg, Partner, K&L Gates
Moderator: Taunja Willis-Miller, Member, Jackson Kelly PLLC

Experts dissect recent project agreements and discuss key issues, how certain elements were included in the deals and what contractual provisions each party looks for.

2:15 p.m.
P3 Financing

John Farris, Founder and Partner, Commonwealth Economics and Stan Ladner, Partner, Butler Snow LLP
Moderator: Kenneth Sagan, Member, Stoll Keenon Ogden PLLC

The financial structure of a public-private partnership is perhaps the backbone of the deal. Experts will explain the decision points for using public or private financing and how to make the most well-informed decision, particularly through a value-for-money analysis.

  • What tools are available and how to evaluate which tools are most appropriate to a particular project
  • What are the key elements/issues/structures involved in financing a P3?
  • What do equity investors and lenders look for in a project?
  • What do practitioners need to see in a structure to make a deal work?

3:15 p.m.
Wrap Up and Final Observations

Ashli Watts, Vice President of Public Affairs, Kentucky Chamber of Commerce

3:30 p.m.
Kentucky Public-Private Partnership Conference adjourns