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HomeMy WebLinkAboutResolutions - 2001.10.25 - 26615REPORT (MISC. #01265) October 25,2001 BY: General Government Committee, William Patterson, Chairperson IN RE: MR #01265 - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A COUNTY WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM AND VIDEO ARRAIGNMENT SYSTEM LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on October 15, 2001, recommends that the resolution be adopted with the title amended to strike the word ARRAICNMENT and insert CONFERENCING. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVE NMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. October 11, 2001 MISCELLANEOUS RESOLUTION #01265 BY: Planning and Building Committee, Charles E. Palmer, Chair IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A COUNTY WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM AND VIDEO ARRAIGNMENT SYSTEM LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to construct, equip and furnish buildings and appurtenances located in the County of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of November 1, 2001 (the "Lease Contract"), pursuant to which the Authority will construct, furnish, and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS, it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of equipping the Project (as defined in the Lease Contract) in an amount not to exceed $23,400,000 of which not to exceed $23,400,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS, the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; WHEREAS, the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; WHEREAS, it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; Planning & Building Committee Vote: Motion carried on unanimous roll call vote APPENDIX I LEASE CONTRACT THIS FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT ("Lease") made as of November 1, 2001, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the "Authority"), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and the COUNTY OF OAKLAND, a County of the State of Michigan (the "County"), WITNESSETH: WHEREAS, the Authority has been incorporated by the County pursuant to Act 31 for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefor, for the use of the County; and WHEREAS, the County desires to undertake a project to construct, equip and furnish buildings and appurtenances located in the County of Oakland, as more fully described in EXHIBIT A to this Lease (the "Project"), and it is proposed that the Authority undertake the Project; and WHEREAS, it is proposed that the Authority finance the total cost of the Project by the issuance of building authority bonds payable from cash rental payments to be made by the County to the Authority pursuant to this Lease and Act 31; and WHEREAS, a description of the Project, and estimate of the period of usefulness thereof and an estimate of the total cost of the Project, all as set forth on EXHIBIT A to this Lease, have been reviewed and approved by the Board of Commissioners of the County; and WHEREAS, in order to make possible the issuance of building authority bonds to finance all or a portion of the total cost of the Project, it is necessary under Act 31 for the parties to enter into this Lease; THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS LEASE AS FOLLOWS: 1. Authorization and Issuance of Bonds. As soon as practicable after the effective date of this Lease, the Authority shall proceed to authorize and issue one or more series of its building authority bonds in the aggregate principal amount of not to exceed $23,400,000 (the "Bonds"), pursuant to and in accordance with provisions of Act 31, for the purpose of 16. Contractual Rights of Bondholders. Inasmuch as this Lease, and particularly the obligation of the County to make cash rental payments to the Authority, provides the security for payment of the principal of and interest on the Bonds, it is hereby declared that this Lease is made for the benefit of the holders from time to time of the Bonds as well as for the benefit of the parties and that such holders shall have contractual rights under this Lease. In the event of any default under this Lease on the part of the County, the Authority and the holders of the Bonds shall have all rights and remedies provided by law, including in particular all rights and remedies provided by Act 31. The parties further agree that they will not do, or permit to be done, any act, and that this Lease will not be amended in any manner, which would impair the security of the Bonds or the rights of the holders of the Bonds. An amendment of this Lease to authorize the issuance of additional bonds and providing the payment of additional cash rentals for the payment of such bonds shall not be deemed to impair the security of the Bonds or the rights of the holders of the Bonds. 17. Appurtenant Facilities. The site on which this Project is to be located includes, or will include, roadways, walks, drives, parking areas and landscaping which are of benefit to and necessary to the full use and enjoyment of the Project, and it is hereby agreed that so long as any bonds remain outstanding and unpaid, such appurtenant facilities will be maintained in good repair and condition by the County or by its lessees and available to the users and occupants of the Project. 18. Successors and Assigns. This Lease shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns, provided, however, that no assignment shall be made in violation of the terms of this Lease nor shall any assignment be made which would impair the security of the Bonds or the rights of the holders of the Bonds. 19. Abandonment of Project. In the event the first series of Bonds to finance the Project cannot be or are not issued by the Authority on or before December 31, 2003, the Project shall be abandoned, the County shall pay from available funds all expenses of the Authority incurred to the date of abandonment, and neither party shall have any further obligations under this Lease. Subsequent series of bonds may be sold at any time prior to December 31, 2004. 20. Consents, Notices, Etc. The right to give any consent, agreement or notice required or permitted in this Lease shall be vested, in the case of the County, in its Board of Commissioners, and in the case of the Authority, in its Commission. Any notice required or permitted to be given under this Lease shall be given by delivering the same, in the case of the County, to the County Clerk, and in the case of the Authority, to any member of its Commission. 7 21. Changes in Law or Corporate Status. In the event there shall occur changes in the Constitution or statutes of the State of Michigan which shall affect the organization, territory, powers or corporate status of the County, the terms and provisions of this Lease shall be unaffected thereby insofar as the obligation of the County to make the cash rental payments is concerned. The proceeds of any sale or other liquidation of any interest of the County or the Authority in the Project are hereby impressed with a first and prior lien for payment of any outstanding bonds or other obligations of the Authority incurred by reason of the Project or any additions or improvements thereto. 22. Effective Date of Lease. This Lease shall become effective on the 61st day after publication of a Notice of Intention in the Oakland Press, a newspaper published in Pontiac, Michigan, as required by Act 31, provided that if a petition for a referendum is filed as provided in (and meeting all requirements of) Section 8b of Act 31, then this Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. 23. Undertaking to Provide Continuing Disclosure. The County and the Authority hereby covenant and agree, for the benefit of the beneficial owners of the Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The undertaking shall be in the form attached hereto as Appendix A. This Undertaking shall be enforceable by the beneficial owners of the Bonds or by the Purchaser(s) on behalf of such beneficial owners (provided that the Purchaser(s) right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the obligations hereunder and any failure by the County and the Authority to comply with the provision of this Undertaking shall not be an event of default with respect to the Bonds). The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the County or Authority charged with the responsibility for issuing the Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the County's and Authority's Undertaking. IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Lease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. 8 WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS: By: Chairperson of its Commission By: Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: By: Chairman, Board of Commissioners By: County Clerk las.rl-oak83 9 STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this day of , 2001, before me appeared and , to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. Notary Public, Oakland County, Michigan My Commission Expires: (Seal) 10 STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this day of , 2001, before me appeared and , to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairman of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. Notary Public, Oakland County, Michigan My Commission Expires: (Seal) Instrument Drafted By: John R. Axe Axe & Ecklund, P.C. 21 Kercheval, Suite 360 Grosse Pointe Farms, Michigan 48236 las.rl-oak83 11 APPENDIX A CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the (the "Issuer") [ (the "Obligated Municipality")] in connection with the issuance of $ [Name of Issue] (the "Securities"). The Securities are being issued pursuant to a Resolution adopted by the Governing Body of the Issuer on f ; a Resolution adopted by the governing body of the Issuer [Obligated Municipality]; and an Award Resolution adopted by the Governing Body of the Issuer on , (collectively the "Resolution") and delivered to (the "Purchaser") on the date hereof. Pursuant to the Resolution, the Issuer [Obligated Municipality] has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. In addition, the Issuer [Obligated Municipality] hereby specifically covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer [Obligated Municipality] for the benefit of the holders of the Securities in order to assist the Participating Underwriters within the meaning of the Rule (defined herein) in complying with SEC Rule 15c2-12(b)(5). This Disclosure Certificate constitutes the written Undertaking required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" means any annual report provided by the Issuer [Obligated Municipality] pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Audited Financial Statements" means the Issuer's [Obligated Municipality's] annual financial statements, which are currently prepared in accordance with generally accepted accounting principles [GAAP for governmental units as prescribed by GASB] and which the Issuer [Obligated Municipality] intends to continue to prepare in substantially the same form. "Fiscal Year" means the fiscal year of the Issuer [Obligated Municipality]. "Final Official Statement" means the final official statement dated , delivered in connection with the Securities, which is available from the MSRB. "Governing Body" means the of the Issuer [Obligated Municipality] or such other body as may hereafter be the chief legislative body of the Issuer. "Issuer" means which is the obligated person with respect to the Securities. ["Obligated Municipality" means which is the obligated person with respect to the Securities.] "Issuer Contact" means the [Clerk, or ] of the Issuer who can be contacted at . ["Obligated Municipality Contact" means the [Clerk, or ] of the Obligated Municipality who can be contacted at .] "Material Event" means any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" means the Municipal Securities Rulemaking Board located at 1150 18th Street, N.W., Suite 400, Washington, D.C. 20036. "NRMSIR" means any nationally recognized municipal securities information repository as recognized from time to time by the SEC for purposes of the Rule. "Participating Underwriter" means any of the original underwriter(s) of the Securities (including the Purchaser) required to comply with the Rule in connection with the offering of the Securities. "Repository" means each NRMSIR and each SID, if any. "Rule" means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time. "SEC" means the Securities and Exchange Commission. "SID" means any public or private repository or entity designated by the State of Michigan as a state information depository for the purpose of the Rule. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a) The Issuer [Obligated Municipality] shall, not later than two hundred seventy (270) days after the end of the Fiscal Year, commencing with the year that ends , , provide each Repository with annual financial information which is consistent with the requirements of Section 4 of this Disclosure Certificate. The annual financial information may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer [Obligated Municipality] may be submitted separately from the balance of the annual financial information; and provided further that unaudited financial statements will be included with the other financial information, if audited statements have not already been furnished. (b) If the Issuer [Obligated Municipality] is unable or fails to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer [Obligated Municipality] shall send a notice of that fact in a timely manner to the NRMSIRs, the MSRB and any SID. (c) The Issuer [Obligated Municipality] shall determine each year prior to the date for providing the Annual Report the name and address of each NRMSIR and each SID, if any. Section 4. Content of Annual Reports. The Issuer's [Obligated Municipality's] Annual Report shall contain or incorporate by reference the following: Updates of the "State Equalized Valuation", "Taxable Valuation", "County Tax Rates and Levies", "Tax Collection Record", "General Fund Revenues and Expenditures", and "Debt Statement (Direct and Overlapping Debt)" contained in the Final Official Statement and the current Audited Financial Statements. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer [Obligated Municipality] or related public entities, which have been submitted to each of the Repositories or the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The Issuer [Obligated Municipality] shall clearly identify each such other document so incorporated by reference. Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notices of the occurrence of any of the following events in a timely manner if material with respect to the Securities: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax- exempt status of the Securities; 7. Modification to rights of holders of the Securities; 8. Securities calls; 9. Defeasances; 10. Release, substitution or sale of property securing repayment of the Securities; and 11. Rating changes. (b) Whenever a Material Event occurs, the Issuer [Obligated Municipality] shall promptly file a notice of such occurrence with either all NRMSIRs or with the MSRB and with any SID. Notwithstanding the foregoing, notice of Material Events described in subsections (a) (8) and (9) need not be given under this subsection any earlier than the notice (if any) of the underlying event is required to be given to holders of affected Securities pursuant to the Resolution. (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer [Obligated Municipality] shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer's [Obligated Municipality's] information. Section 6. Termination of Reporting Obligation. The Issuer's [Obligated Municipality's] obligations under the Resolution and this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all the Securities. Section 7. Issuer [Obligated Municipality] Contact; Agent. Information may be obtained from the Issuer [Obligated Municipality] Contact. Additionally, the Issuer [Obligated Municipality] may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolution and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. The initial dissemination agent shall be A - 4 the Municipal Advisory Council of Michigan, 1445 First National Building, Detroit, Michigan 48226. Section 8. Amendment; Waiver. Notwithstanding any other provision of the Resolution or this Disclosure Certificate, as provided in this Section 8, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, if and of itself, cause the undertakings to violate the Rule. The provisions of this Disclosure Certificate constituting the Undertaking or any provision hereof, shall be null and void in the event that the Issuer [Obligated Municipality] delivers to each then existing NRMSIR and the SID, if any, an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which require this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Securities. The provisions of this Disclosure Certificate constituting the Undertaking may be amended without the consent of the holders of the Securities, but only upon the delivery by the Issuer [Obligated Municipality] to each then existing NRMSIR and the SID, if any, of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance of this Disclosure Certificate and by the Issuer [Obligated Municipality] with the Rule. Any such amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer [Obligated Municipality] for other obligated person, as defined in the Rule), or type of business conducted. No such amendment may be made unless the Undertaking, as amended, would have complied with the requirements of the Rule at the time of the primary offering of the Securities, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. No such amendment shall be made unless it does not materially impair the interests of holders of the Securities, as determined by nationally recognized bond counsel. The annual financial information containing any amended operating data or amended financial information will explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to the Undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made will present a comparison between the financial statements or information prepared on the basis of the new account principles and those prepared on the basis of the former accounting principles. The comparison will include a qualitative discussion of the differences in the accounting principles and the impact of the change in the account principles on the presentation of the financial information , in order to provide information to investors to enable them to evaluate the ability of the Issuer [Obligated Municipality] or any obligated person to meet its obligations. To the extent reasonably feasible, the comparison will also be quantitative. A notice of the change in the accounting principles will be sent to each then existing NRMSIR or the MSRB, and to the SID, if any. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer [Obligated Municipality] from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer [Obligated Municipality] chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer [Obligated Municipality] shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 10. Default. In the event of a failure of the Issuer [Obligated Municipality] to comply with any provision of this Disclosure Certificate any holder of the Securities may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer [Obligated Municipality] to comply with its obligations under the Resolution and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Securities and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer [Obligated Municipality] to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer [Obligated Municipality], the Participating Underwriters and holders from time to time of the Securities, and shall crate no rights in any other person or entity. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity effective the day of [Executive Officer] Clerk/Secretary [SEAL] las.rl-oak83 EXHIBIT A to LEASE CONTRACT PROJECT DESCRIPTION Project Development: The construction of the Project shall include the following components and estimated construction and financing costs: Work Release Facility to be located southeast of Oakland County Jail at 1201 N. Telegraph, Pontiac, Michigan - $14,000,000 The Work Release Facility project will consist of the design, constructing, furnishing and equipping of a new facility with a capacity of approximately 300 beds totaling approximately 48,000 square feet. Jail Management System located at 1201 N. Telegraph, Pontiac, Michigan and Video Arraignment System to be located as shown on Exhibit A pages 4-7 - $9,000,000 The jail management system would involve the acquisition of equipment and software, data conversion efforts, network enhancements (if any) and training of Sheriff's Department staff in its implementation. The video arraignment system to be deployed in Oakland County will involve the acquisition of equipment and software, network enhancements, training, and quite likely, some construction activities in the local District Court houses. The Jail Management System and Video Arraignment System are described further on Exhibit A, pages 2 & 3. Cost Estimates Work Release Facility, Jail Management & Video Arraignment $23,000,000 Financing Costs 165,000 Bond Discount 234,000 Contingency 1,000 TOTAL $23,400,000 las.rl-oak83 DETAILS OF VIDEO ARRAIGNMENT SYSTEM NOTE A — COURT EQUIPMENT While the County has yet to establish which of the District Courts will be participating in this program, the County has estimated that it will need to provide approximately 25 courtrooms with this equipment. In addition, up to 16 courtrooms of the County's Circuit Court will need to receive the noted equipment. In each courtroom, the funding should enable a state-of-the-art camera system, quality recording and sound system, public viewing equipment and network equipment to be acquired. The County presently has established a fiber optic network connection from the County's Department of Information Technology facility in Pontiac, Michigan to each of the cities', villages' and townships' facilities located within the County. The fiber optic network was funded through the County's General Fund. Items Units Camera 41 Recording/sound system 41 Public viewing equipment 41 Network equipment 41 NOTE B - MULTI -POINT CENTRAL UNIT SERVER AND RELATED SOFTWARE The County will need to acquire a multi-point central unit server and related software to control the signaling from each of the district courts and law enforcement (Prosecutor, Sheriff and local police departments) facilities. The equipment would reside in the County's Department of Information Technology facility in Pontiac Michigan. NOTE C - POLICE / PROSECUTOR SYSTEMS The local police departments, Sheriff's Department and Prosecutor's office will need to be equipped with cameras, personal computers, printers and other equipment necessary to ensure a quality signal is processed through to the courts. NOTE D - NETWORK SWITCHES The network switches will need to be located in each of the facilities in which the video arraignment will be installed. In the case of the County's Circuit Court, only one switch will be required (instead of the 16 actual courtrooms). Similarly, several of the local District Courts will only need one per facility, even though there will be more than one courtroom in that facility. 2 DETAILS OF JAIL MANAGEMENT SYSTEM NOTE A — LICENSES The County has estimated that it will require approximately 400 licenses of the jail management system software and related operating system (Oracle) software for use by the law enforcement community. NOTE B — CUSTOMIZATION OF SYSTEM The County has reviewed various jail management system software products on the market today. In each case, the County has cited many areas in which the County will have to provide additional software functionality before it is installed. NOTE C — CONVERSION OF LEGACY DATA The County will have to convert approximately five years of data from its existing jail management system for use as historical information in the new system. This will require extraction routines to be developed. NOTE D — INTERFACE WITH RELATED COUNTY SYSTEMS The County is installing a law enforcement system and other courts systems that will assist in populating data to / from the jail management system. These processes will require programming to ensure that the jail management system populates the common data between County hosted systems. las.rl-oak83 3 DISTRICT COURT District 35 660 Plymouth Road Plymouth MI 48170-1891 District 43 43 E. Nine Mile Road Hazel Park MI 48030 305 E. Nine Mile Road Ferndale MI 48220 200 W. Thirteen Mile Road Madison Heights MI 48071 District 44 400 E. Eleven Mile Road Royal Oak MI 48068 District 45A 3338 Coolidge Highway Berkley MI 48072 District 45B 13600 Oak Park Boulevard Oak Park MI 48237 District 46 26000 Evergreen Road Southfield MI 48076 District 47 32795 W. Ten Mile Road Farmington MI 48336 District 48 4280 Telegraph Road P.O. Box 3200 Bloomfield Hills MI 48302- 3200 District 50 70 N. Saginaw Street Pontiac MI 48342 District 51 5100 Civic Center Drive Waterford MI 48329 District 52-1st Div 48150 Grand River Avenue Novi MI 48374-1222 District 52 —2nd Div 5850 Lorac Clarkston MI 48346 District 52 —3rd Div 135 Barclay Circle Rochester Hills MI 48307 District 52 _4 th Div 520 West Big Beaver Road Troy MI 48084 CITIES City of Auburn Hills 1827 North Squirrel Road Auburn Hills MI 48326-2753 City of Berkley 3338 Coolidge Highway Berkley MI 48072-1690 City of Birmingham 151 Martin Street P.O.Box 3001 Birmingham MI 48012-3001 City of Bloomfield Hills 45 East Long Lake Road Bloomfield Hills MI 48304- 2322 City of the Village of Clarkston 375 Depot Road Clarkston MI 48346-1418 City of Clawson 425 North Main Street Clawson MI 48017 City of Farmington 23600 Liberty Street Farmington MI 48335 4 City of Farmington Hills 31555 West Eleven Mile Road Farmington Hills MI 48336- 1165 City of Ferndale 300 East Nine Mile Road Ferndale MI 48220-1797 City of Hazel Park 111 East Nine Mile Road Hazel Park MI 48030 City of Huntington Woods 26815 Scotia Road Huntington Woods MI 48070- 1199 City of Keego Harbor 2025 Beechmont P.O. Box 665 Keego Harbor MI 48320-0665 City of Lake Angelus 45 Gallogly Road Lake Angelus MI 48326 City of Lathrup Village 27400 Southfield Road Lathrup Village MI 48076-3489 City of Madison Heights 300 West Thirteen Mile Road Madison Heights MI 48071-1899 City of Northville 215 West Main Street Northville MI 48167-1599 City of Novi 45175 West Ten Mile Road Novi MI 48375-3024 City of Oak Park 13600 Oak Park Boulevard Oak Park MI 48237-2029 City of Orchard Lake Village 3955 Orchard Lake Road Orchard Lake Village MI 48323-1605 City of Pleasant Ridge 23925 Woodward Avenue Pleasant Ridge MI 48069 City of Pontiac 47450 Woodward Avenue Pontiac MI 48342-2271 City of Rochester 400 Sixth Street P.O. Box 80010 Rochester MI 48307 City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills MI 48309-3033 City of Royal Oak 211 Williams Street Royal Oak MI 48067 City of South Lyon 335 South Warren South Lyon MI 48178 City of Southfield 26000 Evergreen Road Southfield MI 48076 City of Sylvan Lake 1820 Inverness Street Sylvan Lake MI 48320-1679 City of Troy 500 West Big Beaver Road Troy MI 48084-5285 City of Walled Lake 1499 E. West Maple Road P.O. Box 99 Walled Lake MI 48390-0099 City of Wixom 49045 Pontiac Trail Wixom MI 48393-2567 5 TOWNSHIPS Township of Addison 1440 Rochester Road Leonard MI 48367 Charter Township of Bloomfield 4200 Telegraph Road P.O. Box 489 Bloomfield Hills MI 48303- 0489 Charter Township of Brandon 395 Mill Street P.O. Box 929 Ortonville MI 48462 Charter Township of Commerce 2840 Fisher Avenue Commerce Township MI 48390 Township of Groveland 4695 Grange Hall Road Holly MI 48442 Charter Township of Highland 205 North John Street Highland MI 48357 Township of Holly 102 Civic Drive Holly MI 48442 Charter Township of Independence 90 North Main Street P.O. Box 69 Clarkston MI 48347 Charter Township of Lyon 58000 Grand River Avenue New Hudson MI 48165 Charter Township of Milford 1100 Atlantic Milford MI 48381-2000 Township of Novi P.O. Box 924 Northville MI 48167 Charter Township of Oakland 4393 Collins Road Rochester MI 48306 Charter Township of Orion 2525 Joslyn Road Lake Orion MI 48360 Charter Township of Oxford 18 West Burdick Street P.O. Box 3 Oxford MI 48371 Township of Rose 204 Franklin Street Holly MI 48442 Charter Township of Royal Oak 21075 Wyoming Avenue Ferndale MI 48220 Township of Southfield 18550 West Thirteen Mile Road Southfield Township MI 48025- 5262 Charter Township of Springfield 650 Broadway P.O. Box 1038 Davisburg MI 48350-1038 Charter Township of Waterford 5200 Civic Center Drive Waterford MI 48329-3773 Charter Township of West Bloomfield 4550 Walnut Lake Road P.O. Box 250130 West Bloomfield MI 48325-0130 Charter Township of White Lake 7525 Highland Road 6 White Lake MI 48383 las.rl-oak83 VI LLAGES Village of Beverly Hills 18500 West Thirteen Mile Road Beverly Hills MI 48025 Village of Bingham Farms 30400 Telegraph Road, Ste 328 Bingham Farms MI 48025 Village of Franklin 32325 Franklin Road Franklin MI 48025 Village of Holly 202 South Saginaw Street Holly MI 48442-1694 Village of Lake Orion 37 East Flint Street Lake Orion MI 48362 Village of Leonard 23 East Elmwood Street P.O. Box 789 Leonard MI 48367-0789 Village of Milford 1100 Atlantic Milford MI 48381 Village of Ortonville 395 Mill Street P.O. Box 928 Ortonville MI 48462-0928 Village of Oxford 22 West Burdick P.O. Box 94 Oxford MI 48371-0094 Village of Wolverine Lake 425 Glengary Road Wolverine Lake MI 48390-1404 EXHIBIT B to LEASE CONTRACT OAKLAND BUILDING AUTHORITY PROJECT SCHEDULE OF PRINCIPAL AND INTEREST DUE AMOUNT TOTAL $ APPENDIX II NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON TO ALL ELECTORS AND TAXPAYERS OF THE COUNTY OF OAKLAND: NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Oakland, Michigan (the "County"), has authorized the execution of a full faith and credit general obligation lease contract (the "Lease") between the County and the Oakland County Building Authority (the "Authority"). The Lease provides, among other things, for the following purposes: See Exhibit A to be located at: See Exhibit A (the "Project"). The Lease provides further that the Authority will finance all or a portion of the total cost of the Project by the issuance of one or more series of building authority bonds (the "Bonds") pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), in anticipation of the receipt of cash rental payments to be made by the County to the Authority pursuant to the Lease. The maximum amount of bonds to be issued in one or more series shall not exceed $23,400,000, the term of the Lease shall not exceed 35 years and the Bonds shall bear interest at a rate or rates that will result in a net interest cost of not more than 8% per annum. FULL FAITH AND CREDIT AND TAXING POWER OF THE COUNTY OF OAKLAND WILL BE PLEDGED NOTICE IS FURTHER GIVEN that in the Lease the County will obligate itself to make cash rental payments to the Authority in amounts sufficient to pay the principal of and interest on the Bonds. The full faith and credit of the County will be pledged for the making of such cash rental payments. Pursuant to such pledge of its full faith and credit, the County will be obligated to levy such ad valorem taxes upon all taxable property in the County as shall be necessary to make such cash rental payments, which taxes, however, will be subject to applicable statutory and constitutional limitations on the taxing power of the County. In addition to its obligation to make cash rental payments, the County will agree in the Lease to pay all costs and expenses of operation and maintenance of the Project and all expenses of the Authority incidental to the issuance and payment of the Bonds, to the extent such expenses are not payable from the proceeds of the Bonds. RIGHT TO PETITION FOR REFERENDUM NOTICE IS FURTHER GIVEN to the electors and taxpayers of the County to inform them of the right to petition for a referendum on the question of entering into the Lease. The County intends to enter into the Lease without a vote of the electors thereon, but the Lease shall not become effective until 60 days after publication of this notice. If, within 45-days after publication of this notice, a petition for referendum requesting an election on the Lease, signed by not less than 10% or 15,000 of the registered electors of the County, whichever is less, has been filed with the County Clerk, the Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. This notice is given by order of the Board of Commissioners pursuant to Act 31. Further information may be obtained at the office of the Oakland County Clerk, County Service Center, 1200 N. Telegraph Rd., Pontiac, Michigan 48341. G. William Caddell Oakland County Clerk DATED: [Date of Publication] las.rl-oak83 2 EXHIBIT A PROJECT DESCRIPTION Project Development: The construction of the Project shall include the following components and estimated construction and financing costs: Work Release Facility to be located southeast of Oakland County Jail at 1201 N. Telegraph, Pontiac, Michigan - $14,000,000 The Work Release Facility project will consist of the design, constructing, furnishing and equipping of a new facility with a capacity of approximately 300 beds totaling approximately 48,000 square feet. Jail Management System located at 1201 N. Telegraph, Pontiac, Michigan and Video Arraignment System to be located as shown on Exhibit A pages 4-7 - $9,000,000 The jail management system would involve the acquisition of equipment and software, data conversion efforts, network enhancements (if any) and training of Sheriff's Department staff in its implementation. The video arraignment system to be deployed in Oakland County will involve the acquisition of equipment and software, network enhancements, training, and quite likely, some construction activities in the local District Court houses. The Jail Management System and Video Arraignment System are described further on Exhibit A, pages 2 & 3. Cost Estimates Work Release Facility, Jail Management & Video Arraignment, Financing Costs, Bond Discount & Contingency $23,400,000 las.rl-oak83 DETAILS OF VIDEO ARRAIGNMENT SYSTEM NOTE A — COURT EQUIPMENT While the County has yet to establish which of the District Courts will be participating in this program, the County has estimated that it will need to provide approximately 25 courtrooms with this equipment. In addition, up to 16 courtrooms of the County's Circuit Court will need to receive the noted equipment. In each courtroom, the funding should enable a state-of-the-art camera system, quality recording and sound system, public viewing equipment and network equipment to be acquired. The County presently has established a fiber optic network connection from the County's Department of Information Technology facility in Pontiac, Michigan to each of the cities', villages' and townships' facilities located within the County. The fiber optic network was funded through the County's General Fund. Items Units Camera 41 Recording/sound system 41 Public viewing equipment 41 Network equipment 41 NOTE B - MULTI -POINT CENTRAL UNIT SERVER AND RELATED SOFTWARE The County will need to acquire a multi-point central unit server and related software to control the signaling from each of the district courts and law enforcement (Prosecutor, Sheriff and local police departments) facilities. The equipment would reside in the County's Department of Information Technology facility in Pontiac Michigan. NOTE C - POLICE / PROSECUTOR SYSTEMS The local police departments, Sheriff's Department and Prosecutor's office will need to be equipped with cameras, personal computers, printers and other equipment necessary to ensure a quality signal is processed through to the courts. NOTE D - NETWORK SWITCHES The network switches will need to be located in each of the facilities in which the video arraignment will be installed. In the case of the County's Circuit Court, only one switch will be required (instead of the 16 actual courtrooms). Similarly, several of the local District Courts will only need one per facility, even though there will be more than one courtroom in that facility. 2 DETAILS OF JAIL MANAGEMENT SYSTEM NOTE A - LICENSES The County has estimated that it will require approximately 400 licenses of the jail management system software and related operating system (Oracle) software for use by the law enforcement community. NOTE B - CUSTOMIZATION OF SYSTEM The County has reviewed various jail management system software products on the market today. In each case, the County has cited many areas in which the County will have to provide additional software functionality before it is installed. NOTE C - CONVERSION OF LEGACY DATA The County will have to convert approximately five years of data from its existing jail management system for use as historical information in the new system. This will require extraction routines to be developed. NOTE D - INTERFACE WITH RELATED COUNTY SYSTEMS The County is installing a law enforcement system and other courts systems that will assist in populating data to / from the jail management system. These processes will require programming to ensure that the jail management system populates the common data between County hosted systems. las.rl-oak83 3 District 50 70 N. Saginaw Street Pontiac MI 48342 District 51 5100 Civic Center Drive Waterford MI 48329 City of Clawson 425 North Main Street Clawson MI 48017 City of Farmington 23600 Liberty Street Farmington MI 48335 DISTRICT COURT District 35 660 Plymouth Road Plymouth MI 48170-1891 District 43 43 E. Nine Mile Road Hazel Park MI 48030 305 E. Nine Mile Road Ferndale MI 48220 District 52 -1 st Div 48150 Grand River Avenue Novi MI 48374-1222 District 52 -2' Div 5850 Lorac Clarkston MI 48346 District 52 -3 rd Div 135 Barclay Circle Rochester Hills MI 48307 200 W. Thirteen Mile Road Madison Heights MI 48071 District 520 West Troy MI 52-4 th Div Big Beaver Road 48084 District 44 400 E. Eleven Mile Road Royal Oak MI 48068 District 45A 3338 Coolidge Highway Berkley MI 48072 District 45B 13600 Oak Park Boulevard Oak Park MI 48237 District 46 26000 Evergreen Road Southfield MI 48076 District 47 32795 W. Ten Mile Road Farmington MI 48336 CITIES City of Auburn Hills 1827 North Squirrel Road Auburn Hills MI 48326-2753 City of Berkley 3338 Coolidge Highway Berkley MI 48072-1690 City of Birmingham 151 Martin Street P.O.Box 3001 Birmingham MI 48012-3001 City of Bloomfield Hills 45 East Long Lake Road Bloomfield Hills MI 48304- 2322 District 48 4280 Telegraph Road P.O. Box 3200 Bloomfield Hills MI 3200 City of the Village of Clarkston 375 Depot Road 48302- Clarkston MI 48346-1418 4 City of Farmington Hills 31555 West Eleven Mile Road Farmington Hills MI 48336- 1165 City of Ferndale 300 East Nine Mile Road Ferndale MI 48220-1797 City of Hazel Park 111 East Nine Mile Road Hazel Park MI 48030 City of Huntington Woods 26815 Scotia Road Huntington Woods MI 48070- 1199 City of Keego Harbor 2025 Beechmont P.O. Box 665 Keego Harbor MI 48320-0665 City of Lake Angelus 45 Gallogly Road Lake Angelus MI 48326 City of Lathrup Village 27400 Southfield Road Lathrup Village MI 48076-3489 City of Madison Heights 300 West Thirteen Mile Road Madison Heights MI 48071-1899 City of Northville 215 West Main Street Northville MI 48167-1599 City of Novi 45175 West Ten Mile Road Novi MI 48375-3024 City of Oak Park 13600 Oak Park Boulevard Oak Park MI 48237-2029 City of Orchard Lake Village 3955 Orchard Lake Road Orchard Lake Village MI 48323-1605 City of Pleasant Ridge 23925 Woodward Avenue Pleasant Ridge MI 48069 City of Pontiac 47450 Woodward Avenue Pontiac MI 48342-2271 City of Rochester 400 Sixth Street P.O. Box 80010 Rochester MI 48307 City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills MI 48309-3033 City of Royal Oak 211 Williams Street Royal Oak MI 48067 City of South Lyon 335 South Warren South Lyon MI 48178 City of Southfield 26000 Evergreen Road Southfield MI 48076 City of Sylvan Lake 1820 Inverness Street Sylvan Lake MI 48320-1679 City of Troy 500 West Big Beaver Road Troy MI 48084-5285 City of Walled Lake 1499 E. West Maple Road P.O. Box 99 Walled Lake MI 48390-0099 City of Wixom 49045 Pontiac Trail Wixom MI 48393-2567 5 TOWNSHIPS Township of Addison 1440 Rochester Road Leonard MI 48367 Charter Township of Bloomfield 4200 Telegraph Road P.O. Box 489 Bloomfield Hills MI 48303- 0489 Charter Township of Brandon 395 Mill Street P.O. Box 929 Ortonville MI 48462 Charter Township of Commerce 2840 Fisher Avenue Commerce Township MI 48390 Township of Groveland 4695 Grange Hall Road Holly MI 48442 Charter Township of Highland 205 North John Street Highland MI 48357 Township of Holly 102 Civic Drive Holly MI 48442 Charter Township of Independence 90 North Main Street P.O. Box 69 Clarkston MI 48347 Charter Township of Lyon 58000 Grand River Avenue New Hudson MI 48165 Charter Township of Milford 1100 Atlantic Milford MI 48381-2000 Township of Novi P.O. Box 924 Northville MI 48167 Charter Township of Oakland 4393 Collins Road Rochester MI 48306 Charter Township of Orion 2525 Joslyn Road Lake Orion MI 48360 Charter Township of Oxford 18 West Burdick Street P.O. Box 3 Oxford MI 48371 Township of Rose 204 Franklin Street Holly MI 48442 Charter Township of Royal Oak 21075 Wyoming Avenue Ferndale MI 48220 Township of Southfield 18550 West Thirteen Mile Road Southfield Township MI 48025- 5262 Charter Township of Springfield 650 Broadway P.O. Box 1038 Davisburg MI 48350-1038 Charter Township of Waterford 5200 Civic Center Drive Waterford MI 48329-3773 Charter Township of West Bloomfield 4550 Walnut Lake Road P.O. Box 250130 West Bloomfield MI 48325-0130 Charter Township of White Lake 7525 Highland Road 6 White Lake MI 48383 las.rl-oak83 IrILIJulEs Village of Beverly Hills 18500 West Thirteen Mile Road Beverly Hills MI 48025 Village of Bingham Farms 30400 Telegraph Road, Ste 328 Bingham Farms MI 48025 Village of Franklin 32325 Franklin Road Franklin MI 48025 Village of Holly 202 South Saginaw Street Holly MI 48442-1694 Village of Lake Orion 37 East Flint Street Lake Orion MI 48362 Village of Leonard 23 East Elmwood Street P.O. Box 789 Leonard MI 48367-0789 Village of Milford 1100 Atlantic Milford MI 48381 Village of Ortonville 395 Mill Street P.O. Box 928 Ortonville MI 48462-0928 Village of Oxford 22 West Burdick P.O. Box 94 Oxford MI 48371-0094 Village of Wolverine Lake 425 Glengary Road Wolverine Lake MI 48390-1404 APPENDIX III FORM OF DECLARATION OF OFFICIAL INTENT I, the undersigned of the County of Oakland, Michigan, do hereby certify as follows: 1. I am an officer of the County authorized to declare official intent of the County to reimburse expenditures made, prior to the issuance of debt, from the proceeds of said debt. 2. This Declaration relates to the following expenditures (the "Expenditures"): Amount General Purpose 3. The Expenditures are with respect to property (the "Property") having: (A) the following general character, type or purpose: (B) the following size, quantity or cost: and (C) a reasonably expected economic life at least one (1) year. 4. I understand that a substantial deviation between the above description of the Property for which the Expenditures are being made and the actual Property which is acquired or constructed will invalidate this declaration of official intent with the result that any proceeds of tax-exempt debt which are used to reimburse for the Expenditures will not be deemed to have been expended upon such reimbursement. 5. The County intends to reimburse the Expenditures by incurring taxable or tax-exempt debt (the "Reimbursement Obligations"). 6. The expected source of funds that will be used to pay the Expenditures is as follows: issuance of up to $ of Building Authority Bonds by the Oakland County Building Authority. 7. The expected source of funds to be used to pay debt service on the Reimbursement Obligation is as follows: payment made by the Oakland County through the Oakland County General Fund. 8. This declaration of intent is consistent with the budgetary and financial circumstances of the County as of the date hereof in that there are no funds which are now or are reasonably expected to be, (A) allocated on a long-term basis, (B) reserved or (C) otherwise available pursuant to the County's budget, to pay the Expenditure. 9. The County does not have a pattern of failure to reimburse expenditures for which official intent has been declared in that at least seventy-five percent (75%) of all expenditures made after July 1, 1992, for which the County has declared an intent to reimburse from the proceeds of taxable or tax-exempt debt have been, or are expected to be, so reimbursed. 10. I acknowledge that in the event that the County fails to use the proceeds of Reimbursement Obligations issued within three (3) years of the date hereof to reimburse expenditures the same may adversely affect the ability of the County to use the proceeds of tax-exempt obligations in the future to reimburse for expenditures made prior to the issuance of such obligations. 11. I further acknowledge that unless the Expenditures constitute preliminary expenditures (in the nature of architect services and soil testing but excluding land acquisition) for the Property not in excess of ten percent (10%) of the expected cost of the project of which the Property constitutes a part, the Expenditures will be paid within not in excess of two (2) years following the date hereof or, as an alternative, this declaration of intent will be renewed. 12. I further acknowledge that it is expected that the proceeds of Reimbursement Obligations will be used for reimbursement of each Expenditure not later than (A) the date that is one (1) year after the date on which such Expenditure is paid or (B) the date that is one (1) year after the date on which the Property is placed in service. 13. I further acknowledge that I will assure that the allocation referenced in item 12 (A) will be evidenced by an entry on the records of the County maintained with respect to the Reimbursement Obligations, (B) will specifically identify the Expenditure being reimbursed, and (C) on the advice of the appropriate counsel will be sufficient to relieve the allocated proceeds of the Reimbursement Obligations covered by such entry from any restrictions under the relevant legal documents and applicable state law that apply only to unspent proceeds of Reimbursement Obligations. 2 14. I further acknowledge that I will assure that except as referenced in item 15 the proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures will not be used, directly or indirectly, (A) to pay debt service on an issue of tax-exempt obligations, (B) to create or increase the balance in a sinking fund established for the payment of debt service on the Reimbursement Obligations or another issue of tax- exempt obligations of the County or to replace funds that have been, are being, or will be so used for reserve or replacement fund purpose, or (D) to reimburse any expenditures or any payment with respect to financing of an expenditure that was originally paid with proceeds of any tax-exempt obligations of the County to any person or entity other than the County. 15. I understand that item 14 does not prohibit the use of those proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures for (A) deposit in a bona fide debt service fund (that is, a fund established to pay debt service on any tax-exempt obligation of the County, other than the Reimbursement Obligation, which is depleted annually except for a reasonable carry over amount not in excess of one (1) year's interest earnings on said fund or one-twelfth (1/12th) of annual debt service), (B) to pay current debt service coming due within the next succeeding one-year period on any tax-exempt obligation of the County, other than the Reimbursement Obligations, or (C) to reimburse for expenditures originally made from the proceeds of a tax-exempt obligation of the County which were not reasonably expected by the County, on the date of issue of such obligation, to be used for such expenditure. IN WITNESS WHEREOF, the undersigned has executed this declaration of official intent this day of . , County las.rl-oak83 3 OAKLAND COUNTY BUILDING AUTHORITY $22,400,000 Oakland County Building Authority, Building Authority Bonds, Series 2001 (Work Release Facility, Jail Management System and Video Arraignment System Project) TIMETABLE Action Date Planning and Building Committee of the Board of Commissioner Approves the Resolution Authorizing the Building Authority to Finance the Project October 2, 2001 Full Board of Commissioners Approves Resolution Authorizing the Building Authority to Finance the Project Notice of Intent is Published in the Oakland Press Commission of Building Authority Approves Bond Resolution Application to State of Michigan for Approval to Issue Bonds October 25, 2001 October 27, 2001 November 14, 2001 November 19, 2001 State Approves Bond Issue November 29, 2001 Advertise Bonds for Sale and Mail Official Statement Referendum Period Expires Bond Sale Meeting of Building Authority to Award Bonds Contract Becomes Effective Bond Delivery November 30, 2001 December 11, 2001 December 11, 2001 December 12, 2001 December 26, 2001 January 8, 2002 las.tt-oak83 Resolution #01265 October 11, 2001 The Chairperson referred the resolution to the Public Services, General Government and Finance Committees. There were no objections. OAKLAND COUNTY EXEUCTIVE DEPARTMENT OF FACILITIES MANAGEMENT FACILITIES ENGINEERING DIVISION Recommendation for Work Release Facility/Jail Management System/ Video Conferencing System through The Building Authority October 2, 2001 General: This report brings forward a request to approve the following projects: Work Release Facility, and the Jail Management System/Video Conferencing System. It is intended these two projects be combined for funding, authorized simultaneously and assigned to the Building Authority for funding through the sale of bonds. 1. Work Release Facility (project 98- 2) $14,000,000 2. Jail Management System/ 9,000,000 Video Conferencing System Total Cost of Projects 23,000,000 Financing Costs 165,000 Bond Discount 234,000 Bond Contingency 1,000 Total Project and Bonding Costs $23,400,000 Summary of Project: WORK RELEASE FACILITY (PROJECT 98-22): The Work Release Facility project is listed in the 2001 Capital Improvement Program, Building Section, line 6, with a preliminary cost estimate of $11,400,000. The project would construct a new 47,000 square foot facility with a capacity of approximately 300 beds to replace the aging 1929 facility currently providing space for 182 beds on the Service Center just west of Telegraph Road. The site selected for the project facility is the land between the Jail and the railroad tracks on the County Service Center. In June, 2001, the County entered into contract with Arcadis Giffels for architectural and Page 1 engineering design services, with Turner Construction for construction management services, and with Detroit Edison for relocation of electrical transmission and distribution lines. On July 24, 2001, a report was presented to the Committee to expand the scope of the project from the original 300 bed facility to 334 beds (266 male and 68 female) plus providing an unfinished area of future build out space for 64 additional female beds. The design of the facility would increase the future capacity from 300 to 398 total beds. The reason for increasing the total future capacity to 398 beds was to maximize the total number of inmates that could be managed by existing Sheriffs Department Work Release Staff. The Committee approved the recommendation to expand the scope of the project contingent upon receiving a letter from the Sheriff confirming existing staff would be able to manage the proposed maximum capacity of the facility. Attached is a copy of the letter from Sheriff Bouchard confirming his staffing needs for the new facility. Since this new 55,000 square foot project will utilize construction management delivery, the project cost estimate which follows will become the Project Budget with the addition of bonding costs. Construction $ 9,837,536 Construction Manager 631,286 Architect/Engineer 666,780 Owner Consultants 90,000 Owner FM & 0 60,000 Edison Relocation 330,000 Furniture & Equipment 467,460 Owner IT 40,000 Sub Total $12,123,062 Contingency 1,876,938 Total Project Budget$14,000,000 State of Michigan DOG Grant $(600,000) Net Project Budget $13,400,000 To date the project has been partially and temporarily funded by the Capital Improvement Program in the amount of $1,528,825 for contracts with the architect, construction manager and Detroit Edison. The Capital Improvement Program will be reimbursed for these costs from bond proceeds. Since project construction is expected to begin prior to the availability of bond proceeds, additional seed funding from the Capital Improvement Program for some construction costs is requested in the amount of $700,000. Since the Michigan Department of Corrections grant is a reimbursement grant, funding of the Total Project Budget of $14,000,000, including the grant funds, is requested. Attached are several sheets which graphically describe the schematic building design of the proposed Work Release Facility. Page 2 JAIL MANAGEMENT SYSTEM AND VIDEO CONFERENCING SYSTEM: Jail Management System (JMS) Background The County' Information Technology Department has produced the County's current Jail Management System (JMS). The County has performed enhancements and system maintenance over the past several decades that this mainframe system has been in place. The CLEMIS team is responsible for the JMS maintenance efforts. The JMS has all of the short falls of a typical mainframe solution - namely, difficulty in preparing management reports and high maintenance in keeping the JMS tied to other County systems. Singly, one problem in securing information by several of the recent Jail Task Force groups was who was in the County jail, under what charge, for how long and other status information. The information was considered to be highly suspect as to its accuracy by jail management to a point where incorrect conclusions could be reached. Accordingly, the ability for the Jail Task Force (and jail management as well) to make informed decisions under the current JMS is questionable. The Information Technology Leadership Groups have had the replacement of the JMS on its list of future projects for roughly 4 years (since the inception of the present Leadership Groups). The Group has designated just over 6,000 hours of effort from internal Information Technology resources over a several year time frame. However, given other pressing needs, the hours have not been formally assigned nor any effort expended on this project. The Group recognizes the need for the replacement of JMS. Further, as the County builds out the CLEMIS records management system and the Judicial Information Management System (JIMS) is installed at the County's Circuit and 52'd District Court, the County's JMS will have to be tied to each system. Presently, the various components of the JMS are tied to new and old components of the CLEMIS system (being migrated to the new system) and the County's present court system. Keeping the system interfaced is a significant effort - particularly in the face of significant changes for CLEMIS and JIMS over the next several years. The County has seen several demonstrations of jail management systems over the past several years. Basic features of the system must include all aspects of inmate care, including but not limited to: • Demographics - sex, physical description, race, pre - trial/sentenced, etc. • Associations - gang and other associations to avoid potential jail cell conflicts. • Associations would also include visitors. • Medical history. • Financial - a complete financial package must be provided on inmate financial transactions, including a commissary/inventory modules. • Physical location - status tracking. Page 3 • Many, many other functions. The County intends on obtaining an outside consultant that would assist providing project management - including: development of business requirements, request for proposal, vendor list, evaluation of vendor proposals and selection, and finally, the negotiating a contract. The CLEMIS system will automate the booking process starting with the individual police departments and Sheriffs substations. Key features to the automation would include mugshots, fingerprints and then video arraigning the offender. Many offenders would be bailed out directly thereafter. Some may not make bail or will be denied bail. The County will obtain a web enabled JMS that would allow for data capture of offenders held at holding cells, including initial information that would otherwise be captured by booking personnel at the County jail. The importance of this information is critical for minimizing the labor - intensive logistical planning for offender transport by the Sheriffs Department. The project approach will be conducted in phase. The first phase will be to secure a vendor to assist in developing the business requirements. Then, a request for proposal will be released and a product selected. The second phase will include the quantification of final product to be implemented, time frame and costs to be incurred. Goals/Benefits The goals and benefits of the new JMS would include: • Improved ad hoc reporting queries for management uses by the jail, Community Corrections, and other interested parties. • The next solution will be more flexible and enable the County to improve its interfaces with the new CLEMIS, JIMS and other requisite systems - minimizing the maintenance efforts. Typical of most new applications, it will have an open architecture. • Reduced booking and logistical planning efforts. An enterprise solution (including the police departments and Sheriff substations) should minimize the administrative maintenance efforts required by starting the data capture process closer to the offender's arrest. Funding The County's estimate of the project funding is based on discussions held with potential vendors during product demonstrations. The estimate covers the hardware, software, implementation and training efforts for this system. The County's estimate of $3 million does not include the internal labor required (noted in the Leadership Groups of roughly 6,000 hours) pending the resolution of Phase I of the Page 4 project. Conceivably, the County could consider providing this product to other counties in the CLEMIS consortium, for a fee, as several other counties are considering acquiring a new jail management system as well. It is really too soon in the process to assess whether the County would be able to secure any interest in this effort and at what price. Certainly, the County would have to cover all costs involved and then some. B.) Video Conferencing System Background Video conferencing contains two components - Video arraignment - offender arraignment from police departments/jail to the District/Circuit Courts, Prosecutor's office, and other interested parties. Al) other video conferencing needs of department. Video conferencing has been one of the anticipated components of the OAKNet project since it inception. OAKNet is a fiber optic network connecting the County's local area network (that is, the network on the County's service complex) to all cities, villages and townships (CVTs) within the County borders. Unlike most arraignment systems today, the County's system will be multi - point system (ability to secure signal from many points; signal will be switched over a network). The video arraignment function is critical to the automation of the arrest/booking process (mugshot, fingerprint, video arraignment). Efficient booking is a component of the COPS MORE grant. The goal is to reduce the police officer's involvement. The reduced efforts by the police officer/Sheriffs deputies will be redeployed into the community as the "quid pro quo" for the federal grant. The equipment acquired through the COPS MORE grant by the County and CVTs must assist in redeploying roughly 680 police officers into the community through improvements in efficiency. Video arraignment will facilitate a significant component of these redeployment efforts. Other video conferencing functions, include: • Broadcasting of events over the Internet - Board of Commissioners meetings, centralized video training, and other events. • County department to County department - example, Board of Commissioner's meeting monitoring through the Internet to avoid department heads' time waiting for actions of interest to come up on the agenda. • Access from residences - access of video conferencing from home to participants on OAKNet. Example - warrants sought by prosecuting attorneys/judges. Page 5 • Jail medical services - avoid movement of inmates to the hospital for minor health related issues. • Michigan Department of Corrections to County departments/CVIs on OAKNet - avoids transport of prisoners from State facilities. • Inmate visitation - allows inmates to visit with relatives and friends over the Internet - improves security. • CVT to CVT communications within the OAKNet infrastructure - police department to police department, police department to Prosecutor's office (to replace warrant teleconferencing), etc. • Access from around the world into the County's network for community development purposes over the Internet. • Mental health hospitals to County Probate/Circuit Court - avoiding the movement of mentally ill patients. The following departments/County - wide elected officials have provided support to this initiative: • CLEMIS police departments. • Sheriff's Department. • Prosecutor's office. • Circuit Court. • Probate Court - support pending at August 31, 2001. • 52'' District Court. • Non - 52nd District Courts - support pending at August 31, 2001. • Community Corrections Division. - Goals/Benefits In connection with an automated booking process, which includes mugshots and fingerprint systems being deployed in a separately funded project, the video arraignment component is expected to redeploy at least half of the 680 police officers committed to in the COPS MORE grant. Avoiding offender transport is critical to improving efficiency. Minimize risk of holding offenders at CVT lock - ups and jail holding cells. With fewer offenders being held, the risk and costs of care are reduced - including: • Feeding. • Injury. • Security. • Medical concerns. • Other. Page 6 Assuming that a centralized, off - hours video arraignment function can be developed the magistrates otherwise performing arraignment functions during normal working hours can be redeployed for other court projects. Improvement in Circuit/District Court security by minimizing the transport of offenders into the court rooms during high traffic periods of time. Acceleration of after hours warrants for arrest, searches, etc. Video access to the County from around the world. Funding Funding for the project arises from a $700,000 grant from the COPS office and up to $6.0 million to be obtained from bond proceeds. The funding is based on a Wisconsin video arraignment study assuming the following - • 75% of the District Court will participate. • 75% of the Circuit Court judges will participate. • Prosecutor's office participates. • 43 police departments/a dozen Sheriff substations participate. • Jail • Community Corrections Division. The study was conducted in June 1999. Since that time, technology has improved and costs have declined. The final cost is highly dependent upon the solution that will be selected as the demonstrations seen to date have reflected a great deal of variability. The grant and bond proceeds will address the following components: • Equipment - computers, monitors, cameras, Codec, switches/hubs/routers, recording equipment, etc. • Software - software required, including installation. • Training. • Network connectivity from CVT closets to judge's bench. • Other related costs. The source for physical renovation funding of courtrooms and police departments, to the extent required, is not included in the bond proceeds. The renovations could include costs for renovations in the District/Circuit Courts for: • Lighting. • Sound. • Mounting of monitors for public viewing. • Other similar physical changes to the courtrooms, police departments, etc. Page 7 ., ,. Several local CVTs have acquired their own video arraignment systems that could have otherwise benefited from a County - wide system implementation. Credits back to the communities (assuming that the system can be used in cooperation with the County's system) need to be determined. These communities include - Southfield, Madison Heights, Royal Oak and Oak Park. Recommendation: The Administration recommends these projects be authorized in the amounts listed above and funded through the sale of bonds by the Building Authority in an amount not to exceed $23,400,000. Attached is a Miscellaneous Resolution recommending approval of the project financing for the Committee's consideration. Page 8 COUNTY OF OAKLAND OFFICE OF THE SHERIFF MICHAEL J. BOUCHARD ''.... I 0.4Y.,''.n '!,, -tee- ,.), .i.k ,N,-, GO — September 4, 2001 David W. Ross Director of Facilities Management Public Works Building #95 West One Public Works Drive Waterford, MI 48328 Re: Staffing Levels at New Work Release Facility Dear Mr. Ross: There has been discussion on the staffing levels needed for the new Work Release facility for some time now. Realizing the inmate population will increase from a current maximum of two hundred ten (210) to three hundred thirty-four (334), including possible expansion of sixty four (64) females in the future, the proposed design allows for the current amount of staff to operate the new facility. The efficient design will allow us to use the same compliment of staff at the new Work Release Facility as is currently assigned to the old Work Release Facility. Sincerely, /4110140,9,0,04 Michael J. Bouchard Oakland County Sheriff 1201 N. Telegraph Road * Pontiac, Michigan 48341-1044 * (248) 858-5000 MICADIS motu.ms F.Apbut9111/a915 11.10011.11,73.1:4‘..a14631.11absic 2,772'/ OULU& C0.9 • - 't'LL z E.4t•l4 ,91111:02 AktAti. WORK IREfEA E FUILAY 7100 n314171," . INIATE PnicKING ." AE -; - \ -1-11tict 1111110 I • 11:' 1 I d L t .1 _ _j - 1111111 ____ ...... _ ........ 4, .s4rt, ..... . . ..... ...... ........ .. - ..... 4..... ..... 1/49 9 „nTOTITIT ....................................... .... .... .. ... ..„ . ............. 71:1444ILL':: .. ..... ............. 1 ....... ....... . : • ......... ' SP -1 • • - k. ?ilA 1 1 1 ,• I ......, e 0" -310 i .... t .. 71-2.. 204-‘1:::::::...........,/ 70 , 4, ‘4,44ilii 4 : I. .• • . ,',.. PRELIMil,itTF—SFIE PLAN to;;;EMA OAKLAND COUNTY-WORK RELEASE FACILITY Receiving vin nuuIU HInnounan THEICIDEIP nilno-orloQ iiiuOuuuu 1 n nonanunn nunortuno D. a cs p 0c Q €i 141 St 8. Male inmate Entry Staff Entry Female inmate Entry Public Entrance HO Floor 111Rn Al .11. in. 2001 0 10 20 411 ARCADIS Offt16 .;i4tbas IngIman 114P-al.:/.11...RIA441.11 1.1=1111111111.1Mallit..1 1. Entry Vestibule 2. Visitor's Lobby 3. Deputy Station I Control station 4. Orientation Room (25) S. Male Inmate Donna (258) 6. Male Trustee Donn (10) 7. Male Inmate Toilet / tibowor b. Male Inmate Day Room 0. Male inmate Laundry Room 10. Male %/laitor Toilet II. Female Inmate Dorms (128) (84 Beds Future) 12. Female Inmate Toilet! Shower 13. Female inmate Day Room 14. Female Inntate Laundry Room 15. Female Visitor Toilet 16. Small Conference Room 17. Lieutenant's Ofiics 113. Sergeant's Office 19. Accounting Sidle 211. Deleted 21. Copy / Fax Printer Area 22. Break Room 23. Male Staff .follat / locker 24. Female Utatt Toilet it ozker 25. Cleaning Supply St ..rage RoOM 26. Janitors GiMsei 27. Inmate Property Room 28. Deleted 29. Mechanical Room 30. Electrical Room 31. Emergency Generator (located outdoors) 32. Telephone Closet 33. Data Closet 34. Linen / Bedding Storage Room 35. Maintenance Room 36. MuchanIcal Work Room 37. Loading Dock- Exterior 38. Loading Dock- Receiving Area 39. Staging Area an. Food Prep Area 41. Food Pi ep Unisex Toilet 42. Call Wash l SiOfitUtt Area 43. Dry Goods Storage Room 44. Female Trustee Donn (,I) West Elevation aftELI nn•n ri -arn Writrillar—"r74111-51111111.41 --- L 'Is — eau — - Et.ts Lai lit 11111 aiit mimmi RE. . - - North Elevation Elevations A4 8 . 10 . 200 I 0 10 20 •Ndd AftCADIS GEMS cidlosts Inaninn u—rousuarranorrri OAKLAND COUNTY WORK RELEASE FACILITY ARCM 611115 nn•nn.1/.40...%, OAKLAND COUNTY WORK RELEASE FACILITY :L.iPUIiIIUIUUi - - ,albiggea • :s•rrit.A., •_• Elevallons A5 East Elevation South Elevation 8. fl). . 2001 0 U) 20 40 .411 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton absent. FISCAL NOTE (M.R. #01265) October 25, 2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A COUNTY WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM AND VIDEO CONFERENCING SYSTEM LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Oakland County Building Authority to issue Building Authority Bonds in the aggregate principal amount of not to exceed $23,400,000 for the Work Release Facility Project. 2. The project includes the design, constructing, furnishing, and equipping of a new Work Release Facility and acquisition of equipment and software, data conversion, network enhancements, and training for a Jail Management System and a Video Conferencing System. 3. Costs are estimated at $14,000,000 for the new Work Release Facility; $9,000,000 for the Jail Management System and Video Conferencing System; and $400,000 for financing costs, bond discount, and bond contingency, for a total project cost of $23,400,000. 4. The statutory limit for County debt is $5,746,971,160 (10% of the current State Equalized Value). As of September 30, 2001 the total outstanding County pledged credit is $234,511,943, or approximately .41% of the current S.E.V. 5. The Building Authority bonds shall bear interest at a rate or rates that will result in a net interest cost not exceeding 8% per annum. 6. Funding for the principal and interest payments by the County will be provided from the Delinquent Tax Revolving Fund. 7. Project construction cost of approximately $700,000,is expected to be incurred prior to the availability of bond proceeds. 8. Initial funding for these construction costs is available in the Capital Improvement Program/Building Fund, which will be reimbursed from bond proceeds. 9. The FY 2002 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($700,000) Project Work Order Fund #404 3-14-310012-80033-1701 Operating Transfer In 700,000 $ -0- • " • L. Brooke Pater HEREBYto;4110V_ Resolution #01265 October 25, 2001 Moved by Palmer supported by Dingeldey the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Obrecht the resolution be adopted. Moved by Palmer supported by Obrecht the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 25, 2001 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 25th dayf October, 2001. _^ , . William Caddell, County Clerk