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Public-Private Partnerships (P3)

Faegre Baker Daniels law and Faegre Baker Daniels Consulting are leading providers of the critical blend of experience, creativity, drive, pragmatism and key relationships necessary to help both public and private clients develop and implement successful public-private partnerships. Among our many engagements, our firm served as lead counsel for the City of Indianapolis in the largest water and wastewater system P3 in U.S. history.

Faegre Baker Daniels has been lead or co-counsel on all of the following types of P3 transactions:

  • Development, financing and operation of sports and recreation facilities such as stadiums, arenas and field sports facilities
  • Sale or lease of governmental assets, such as parking garages, the grant (concession) of parking rights or utilities
  • Development of public-private arrangements for transportation systems and ports
  • Sale, combination or joint operating agreements involving public hospitals, long-term care facilities and other health care facilities
  • Outsourcing agreement by units of government to a private entity for management/operation/maintenance (either side of transaction)
  • Private financing of facilities or infrastructure owned by a governmental entity
  • Managing RFP/RFI/RFQ processes for units of government seeking private entity responses to provide management of facilities or specific services
  • Public financing to support private development such as tax increment projects, including federal tax advice regarding private use rules
  • Internal review of units of government regarding operational efficiency such as best practices regarding current delivery of services
  • Award of economic development incentives by local or state entities such as tax abatement, tax credit and job training awards

Comprehensive Support on Public-Private Partnerships

Our experienced P3 professionals manage a nimble team that can immediately leverage and integrate the experience of our construction, consultingenvironmental, labor, mergers and acquisitions, public finance, real estate and tax departments at the right times to help achieve success. We have handled all stages of P3 transactions, from strategy formation and financing to real estate selection and negotiations. Our team integrates well with our clients' other advisors to help ensure success and avoid duplication of effort.

Project Evaluation and Launch

Our consulting team advises public sector clients in the initial stages of a P3. We evaluate and advise on the viability and suitability of a transaction, provide estimates on the potential project value, manage and conduct the RFI/RFP process, and collaborate with the legal team to conduct RFPs, negotiate final terms and complete transactions. Our consulting team includes former local government officials who have both led P3 transactions in that capacity and advised communities on P3 projects as consultants.

Creative Financing Solutions

We also provide innovative financing solutions that may include tax increment financing, tax-exempt bonds, tax abatements, new markets tax credits, low-income housing tax credits, historic tax credits, Minnesota's Job Opportunity Building Zones credits and other project-specific government incentives. Our lawyers took a lead role in crafting and implementing the legislation that made tax increment financing available in Indiana and have significant insight into the process and policies for obtaining such financing as a result.

Federal, State and Local Relationships

Our P3 team has contacts among federal, state and local government leaders throughout the United States, including relationships with housing and redevelopment authorities, economic development agencies, port authorities and state agencies. These connections provide additional insight into partnership opportunities and policies.

Representative Public-Side Experience

  • Gary/Chicago International Airport Authority P3
  • Water and wastewater system sales for the Cities of Indianapolis and Westfield
  • Indianapolis International Airport development
  • Development of Bankers Life Fieldhouse, home of the Indiana Pacers
  • Development of Lucas Oil Stadium, home of the Indianapolis Colts
  • JW Marriott Convention Center Hotel development in Indianapolis
  • All-electric vehicle sharing P3 for the City of Indianapolis
  • New minor league baseball stadium development in Columbia, South Carolina

Representative Private-Side Experience

  • Representing prospective developers on the Indiana Finance Authority's design and construction of I-69
  • Representing contractor on construction of Target Field, Minnesota Twins' ballpark
  • Representing prospective developers on the City of Indianapolis' Criminal Justice Facility
  • Representing contractor on construction of FedEx Forum, Memphis Grizzlies' basketball arena
  • Representing contractor on construction of new stadium for the Minnesota Vikings
  • Representing Guthrie Theater Foundation in development and construction of the Guthrie Theater and connected city-owned parking ramp in Minneapolis
  • Representing Walker Art Center on development and construction of addition to the Walker Art Center and adjacent parking ramp in Minneapolis
  • Representing Minnesota Timberwolves in development and construction of Target Center Arena
  • Representing contractor in construction of vertical, mixed-use parking, retail and hotel (Radisson Blue and JW Marriott) additions to the Mall of America

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