FIRST AMENDMENT TO
AMENDED AND RESTATED CONTRACT
BETWEEN
HERNANDO COUNTY, FLORIDA
AND
JUVENILE AND JAIL FACILITY MANAGEMENT SERVICES, INC.,D/B/A
CORRECTIONS CORPORATION OF AMERICA

THIS FIRST AMENDMENT to the Amended and Restated Contract dated April 18,
2006 is entered into this __ day of

, 2007 between HERNANDO COUNTY,

FLORIDA ("County") and Juvenile and Jail Facility Management Services, Inc., d/b/a
CORRECTIONS CORPORATION OF AMERICA, ("CCA").

WITNESSETH:

WHEREAS, the Amended and Restated Contract ("Contract") provides that the
County shall not require CCA to incarcerate more than an average of seven hundred
thirty (730) Inmates per day in the Detention Facility, with six hundred fifty-two
Permanent Beds (652) and seventy-eight (78) Additional Beds; and

WHEREAS, the County and CCA desire to increase the average number of
Inmates that CCA can incarcerate in the Detention Facility each month; and

WHEREAS, the capacity of the Detention Facility may be expanded by the
placement of one hundred and four (104) more Permanent Beds (the "Expanded Capacity
Beds") and forty-two (42) Additional Beds in order to increase the average number of
Inmates CCA may incarcerate in the Detention Facility; and

WHEREAS, the parties wish to modify the Contract only to the extent
specifically set forth below in this First Amendment to said Contract.

NOW, THEREFORE in consideration ofthe mutual agreements contained

herein, the County and CCA hereby agree as follows:

1.

At no expense to the County, CCA will expand the capacity of the

Detention Facility by adding one hundred and four (104) Permanent Beds and forty-two
(42) Additional Beds.

2.

In the DEFINITIONS section of the Contract, the definition of

"Additional Beds" is revised to read as follows:

"Additional Beds

Shall mean up to one hundred twenty (120) non-

permanent beds, which CCA shall be able to utilize for housing of
inmates, provided that use of these beds does not violate any laws, rules,
regulations or procedures established herein."

3.

In the DEFINITIONS section of the Contract, regarding the term

"Permanent Beds," the first sentence of this paragraph is amended to read as follows:

"Permanent Beds Shall mean any of the five hundred ninety six (596)
main housing unit regular beds, which include the Expanded Capacity
Beds, all medical cell beds, and the one hundred sixty (160) beds located
in the Minimum Security Facility and any other additional beds in
whatever category that may be authorized now or in the future by the
COUNTY or any other authorizing agency."

4.

The

first

paragraph

of Section

S.4,

DETENTION FACILITY

CAPACITY, is amended to read as follows:

"The COUNTY shall not require CCA to incarcerate an average of more
than eight hundred seventy six (876) Inmates per day in the Detention Facility
(seven hundred fifty six (756) Permanent Beds plus one hundred twenty (120)

2

Additional Beds), calculated on a monthly basis, unless the COUNTY and CCA
agree on a higher number of Inmates for the Detention Facility, or unless a final
Order of a Court of competent jurisdiction requires the incarceration of a higher
number of Inmates in the Detention Facility."

5.

Section 5.7

STAFFING LEVELS: Delete the last sentence of sub-

paragraph a), which reads "At a minimum, CCA shall maintain a ratio of one (1)
Correctional Officer per six (6) Inmates."

6.

Sub-paragraphs a) and b) of Section 6.6, HOUSING OF OTHER

INMATES are amended to read as follows:
"a)

Detention Facility Capacity The maximum capacity of the

Detention Facility shall be eight hundred seventy six (876).

b)

Contracts With Other Agencies

COUNTY agrees to

enter into separate contracts and agreements with other governmental agencies for the
housing of their inmates in the Detention Facility from time to time, provided that those
inmates will only occupy those beds in the Detention Facility not occupied by COUNTY
Inmates, and, subject to Subsection 6.6(c).

(i)

Except as provided in 6.6 b)(ii) below, for those Inmates housed

from other agencies, including Transcor Inmates held in the Detention
Facility in excess of twelve (12) hours, CCA and the COUNTY shall
divide the proceeds received under said contracts and agreements monthly
on a 85% - 15% basis, with CCA retaining eighty five percent (85%) of
the amounts received and the COUNTY receiving the remaining fifteen
percent (15%).

(ii)

CCA and the COUNTY agree to divide the compensation received

by CCA for use of the one hundred four (104) Expansion Capacity Beds
on a 70% - 30% basis, with CCA retaining seventy percent (70%) of the

3

amounts received and the COUNTY receiving the remaining thirty percent
(30%).

Said amounts shall be paid to the COUNTY for all inmates

occupying an Expanded Capacity Bed, including both COUNTY and
NON-COUNTY inmates.
The parties agree that all terms and conditions specified in the Contract of April
18, 2006 shall remain in effect, unless specifically modified by this First Amendment.

(SEAL)

BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA

Attest: - - - - - - - - - - Clerk

Chairperson

Approved as to form:

Date:- - - - - - - - - - - -

County Attorney
Date: - - - - - - - - - - - -

CORRECTIONS CORPORATION
OF AMERICA

Damon Hininger
Vice President Federal and Local Customer
Relations
Address:

Date:

4

10 Burton Hills Blvd.
Nashville, Tennessee 37215
Federal Tax ill: 62-1806755

-------------