§ 16.1-322.5. State Board may authorize private construction, operation,etc., of local or regional detention homes, etc.
A. The State Board of Juvenile Justice may authorize a county or city or anycombination of counties, cities, or towns established pursuant to § 16.1-315to contract with a private entity for the financing, site selection,acquisition, construction, maintenance, leasing, management or operation of alocal or regional detention home or other secure facility, or any combinationof those services. Any project authorized pursuant to this article shall beconsistent with the statewide plan developed pursuant to § 16.1-309.4.
B. Any project the State Board authorizes pursuant to subsection A of thissection shall be subject to the provisions of the Virginia Public ProcurementAct (§ 2.2-4300 et seq.) and subject to the requirements and limitations setout below.
1. Contracts entered into under the terms of this article shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no such contract may be entered into unlessthe private contractor demonstrates that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom detention home or other secure facility management projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and standards for adetention home or other secure facility.
2. Contracts awarded under the provisions of this article, includingcontracts for the provision of juvenile correctional facilities or programsor for the lease or use of public lands or buildings for use in the operationof facilities, may be entered into for a period of up to thirty years,subject to the requirements for expenditure of funds by the local governingbody or bodies.
3. No contract for juvenile correctional facilities or programs shall beentered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the county or city or combination of counties, cities,or towns established pursuant to § 16.1-315 and public officials from allclaims and losses incurred as a result of the contract. Nothing herein isintended to deprive a contractor or the county or city or combination ofcounties, cities, or towns established pursuant to § 16.1-315 of the benefitsof any law limiting exposure to liability or setting a limit on damages.
4. No contract for correctional services shall be executed unless:
a. The proposed contract has been reviewed and approved by the State Board;
b. An appropriation for the services to be provided under the contract hasbeen expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or programs proposed by the contractare of at least the same quality as those routinely provided by agovernmental agency to similarly situated children; and
d. An evaluation of the proposed contract demonstrates a cost benefit to thecounty or city or combination of counties, cities, or towns establishedpursuant to § 16.1-315 when compared to alternative means of providing theservices through governmental agencies.
§ 16.1-322.5. State Board may authorize private construction, operation,etc., of local or regional detention homes, etc.
A. The State Board of Juvenile Justice may authorize a county or city or anycombination of counties, cities, or towns established pursuant to § 16.1-315to contract with a private entity for the financing, site selection,acquisition, construction, maintenance, leasing, management or operation of alocal or regional detention home or other secure facility, or any combinationof those services. Any project authorized pursuant to this article shall beconsistent with the statewide plan developed pursuant to § 16.1-309.4.
B. Any project the State Board authorizes pursuant to subsection A of thissection shall be subject to the provisions of the Virginia Public ProcurementAct (§ 2.2-4300 et seq.) and subject to the requirements and limitations setout below.
1. Contracts entered into under the terms of this article shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no such contract may be entered into unlessthe private contractor demonstrates that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom detention home or other secure facility management projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and standards for adetention home or other secure facility.
2. Contracts awarded under the provisions of this article, includingcontracts for the provision of juvenile correctional facilities or programsor for the lease or use of public lands or buildings for use in the operationof facilities, may be entered into for a period of up to thirty years,subject to the requirements for expenditure of funds by the local governingbody or bodies.
3. No contract for juvenile correctional facilities or programs shall beentered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the county or city or combination of counties, cities,or towns established pursuant to § 16.1-315 and public officials from allclaims and losses incurred as a result of the contract. Nothing herein isintended to deprive a contractor or the county or city or combination ofcounties, cities, or towns established pursuant to § 16.1-315 of the benefitsof any law limiting exposure to liability or setting a limit on damages.
4. No contract for correctional services shall be executed unless:
a. The proposed contract has been reviewed and approved by the State Board;
b. An appropriation for the services to be provided under the contract hasbeen expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or programs proposed by the contractare of at least the same quality as those routinely provided by agovernmental agency to similarly situated children; and
d. An evaluation of the proposed contract demonstrates a cost benefit to thecounty or city or combination of counties, cities, or towns establishedpursuant to § 16.1-315 when compared to alternative means of providing theservices through governmental agencies.
§ 16.1-322.5. State Board may authorize private construction, operation,etc., of local or regional detention homes, etc.
A. The State Board of Juvenile Justice may authorize a county or city or anycombination of counties, cities, or towns established pursuant to § 16.1-315to contract with a private entity for the financing, site selection,acquisition, construction, maintenance, leasing, management or operation of alocal or regional detention home or other secure facility, or any combinationof those services. Any project authorized pursuant to this article shall beconsistent with the statewide plan developed pursuant to § 16.1-309.4.
B. Any project the State Board authorizes pursuant to subsection A of thissection shall be subject to the provisions of the Virginia Public ProcurementAct (§ 2.2-4300 et seq.) and subject to the requirements and limitations setout below.
1. Contracts entered into under the terms of this article shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no such contract may be entered into unlessthe private contractor demonstrates that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom detention home or other secure facility management projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and standards for adetention home or other secure facility.
2. Contracts awarded under the provisions of this article, includingcontracts for the provision of juvenile correctional facilities or programsor for the lease or use of public lands or buildings for use in the operationof facilities, may be entered into for a period of up to thirty years,subject to the requirements for expenditure of funds by the local governingbody or bodies.
3. No contract for juvenile correctional facilities or programs shall beentered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the county or city or combination of counties, cities,or towns established pursuant to § 16.1-315 and public officials from allclaims and losses incurred as a result of the contract. Nothing herein isintended to deprive a contractor or the county or city or combination ofcounties, cities, or towns established pursuant to § 16.1-315 of the benefitsof any law limiting exposure to liability or setting a limit on damages.
4. No contract for correctional services shall be executed unless:
a. The proposed contract has been reviewed and approved by the State Board;
b. An appropriation for the services to be provided under the contract hasbeen expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or programs proposed by the contractare of at least the same quality as those routinely provided by agovernmental agency to similarly situated children; and
d. An evaluation of the proposed contract demonstrates a cost benefit to thecounty or city or combination of counties, cities, or towns establishedpursuant to § 16.1-315 when compared to alternative means of providing theservices through governmental agencies.
