002-04
BOARD OF SUPERVISORS
A RESOLUTION TO APPROVE A COMPREHENSIVE AGREEMENT TO
DEVELOP, DESIGN AND CONSTRUCT A WORK RELEASE FACILITY TO
EXPAND THE CLARKE-FAUQUIER-FREDERICK-WINCHESTER REGIONAL
ADULT DETENTION CENTER
WHEREAS, the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention
Center (hereafter referred to as the Regional Jail) is overcrowded, and public safety and
efficient operations are deleteriously impacted by the inmate populations that exceed the
design capacity; and
WHEREAS, the jurisdictions that own and operate the Regional Jail are willing, with
appropriate State partnership, to expand the Regional Jail to address public safety and
operational requirements; and
WHEREAS, the City of Winchester serves as the Regional Jail's fiscal agent; and
WHEREAS, the Regional Jail has submitted to its member jurisdictions a draft of a
Comprehensive Agreement to Develop, Design and Construct a Work Release Facility by
and between Howard Shockey and Sons, Inc.j]nd the City of Winchester.; and
WHEREAS, this Agreement has been reviewed by both the County Attorney's
Office to ensure legality of form, and by the County Budget Office for funding impact; and
WHEREAS, the estimated maximum cost impact to Frederick County, if the project
is terminated would be approximately $ 250,063.00, payable during FY 2005;and
WHEREAS, any project cost in excess of $ 250,063.00 shall be submitted in
advance to the Board of Supervisors for approval; and
WHEREAS, any other changes in the form or substance of the Comprehensive
Agreement shall be submitted, in advance, to the Board of Supervisors for approval.
NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of
Supervisors that the Comprehensive Agreement between the City of Winchester and Howard
Shockey and Sons, Inc., to Develop, Design, and Construct a Work Release Facility to
Expand the Regional Jail is hereby approved.
ADOPTED this ] 4th day of July, 2004.
VOTE:
Richard C. Shickle
Barbara E. Van Osten
Gary W. Dove
Bill M. Ewing
Resolution No. 04-002
-kJ-e--
Aye
~
~
Gina A. Forrester
W. Harrington Smith, Jr.
Lynda 1. Tyler
~
Aye
~
CFFW
FAUQUIER · FREDERICK · WINCHESTER
NAL ADULT DETENTION CENTER
Fred D. Hildebrand
Superintendent
Main Facility
Work Release Facility
- 14 I Fort Collier Road . Winchester, VA 22603
- ]43 Fort Collier Road . Winchester, VA 22603
(540) 665-6374
FAX; (504) 665-J615
Records FAX; (540) 665-5691
Work Release FAX; (540) 678-1339
Bruce R. Conover
Assistant Superintendent
EMORANDUM
TO:
John R. Riley, Jr., Frederick County Administrator
. II \
Fred D. Hildebrand, Superintendent~~lJLL)
FROM:
DATE:
July 6, 2004
SUBJECT:
Comprehensive Agreement
Attached is the Comprehensive Agreement to develop, design and construct a
work release facility by and between Howard Shockey & Sons, Inc., and the City of
Winchester. On June 10, 2004, the Regional Jail Board approved the Agreement and
instructed me to forward it the participating jurisdictions for consideration.
Although the agreement affirms the government's intent to proceed with the
project, it does not commit the localities to any long-term financial obligation. It does
however, obligate them to compensate the contractor for actual cost and profit should
project design be terminated for the convenience of the government prior to final project
approval and the start of construction. Should we decide not to proceed with construction
at the 100% design completion point, we estimate we would owe the contractor
approximately $767,771. Frederick County's share of that amount would be 32.57 % or
approximately $250,063. Those estimates are based upon the current high end of the
project cost ($7. 8M) plus the security upgrade ($545,345); assumes an 8% total cost
design factor; and includes the 15% contractor profit requested in the agreement. This
would be a one time payment in FY05 should we not get approval from the localities to
proceed after 100% design completion. If the project is terminated earlier in the
development process, i.e. at 35% or 65% design completion, the cost would be less.
If, after 100% design completion, the localities authorize the project to proceed,
we will enter into a 20- year bond-lease agreement with the first payment not due until
we accept the new facility in early FY06. The current estimate of annual debt service
documented in the agreement assumes a 4.8% interest rate and includes all associated
fees, reserve fund deposits, and insurance costs. However, it does not project the impact
of the state's commitment to reimburse us for approximately 50% of the project's design
and construction costs. The total annual debt service amount over the 20-year term
without the reimbursement ranges from between approximately $669,682 in FY06 to
$666,722 in FY26. However, this amount will be reduced as a result of state funding
their share of the project. Debt service will be divided between the four jurisdictions
John R. Riley, Jr.,
Comprehensive Agreement-July 6, 2004
Page Two
based on the average prisoners per day for each jurisdiction for the most recent three
fiscal years, divided by the total average prisoners per day of all of the jurisdictions for
the same period.
If you have any questions, please do not hesitate contacting me.