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Kinney County, 1st Amendment to 2nd Amended Agreement (GEO, CEC), 2015

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FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED FACILITY
OPERATION AND MANAGEMENT AGREEMENT
WHEREAS, on or about April 1, 2012, KINNEY COUNTY, TEXAS (hereafter
"County") and COMMUNITY EDUCATION CENTERS, INC., a Delaware Corporation d/b/a
CEC Intl., in the State of Texas (hereafter "Operator") entered into a Second Amended and
Restated Facility Operation and Management Agreement (hereafter "Agreement") for the
operation and management ofthe Kinney County Detention Center, (hereafter "Facility") located
at 1501 Ranch Road 131 1 Brackettville, Texas 78832, effective April 1, 2012 for a three year
primary tenn ending on March 31, 2015; and
WHEREAS, Section 2.10 of the Agreement states that at the expiration of the three (3)
year Primary Term, the parties may mutually agree to a one (1) year renewal of the Agreement
on mutually acceptable terms; and
WHEREAS, the parties mutually agreed to extend the Primary Term for an additional
one-year term commencing on April 1, 2015; and
WHEREAS, the County and the Operator desire to memorialize the parties• mutual
desire to extend the parties' Agreement for an additional three-year tenn commencing on April
1, 2016; and
FURTHER, by way of this Amendment, the parties desire to revise and clarify certain
tenns and conditions contained in the Agreement.
NOW, THEREFORE, the parties which are signatory hereto, as of the signing of this
Amendment; acknowledge and agree to the following:
1. Except as hereinafter amended, the Operator shall continue to provide services to

the County pursuant to the tenns and conditions of the Agreement and
Addendums.
2. ARTICLE Il, Term, shall be amended, at sentence three (3) of Section 2.01, to
state "At the expiration of said agreed renewal period, the parties may agree to
extend the Agreement for an additional three (3) period on mutually acceptable
tenns."

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3. The County and the Operator mutually agree to extend the Agreement for an
additional three�year period commencing at 12:01 am on April I, 2016 through
March 31, 2019.
4. ARTICLE XIll. Additional Provisions, shall be amJnded to include two
additional sections as follows:
Section 13.04. Operator agrees to reimburse the County up to an aggregate of
$52,000 for the replacement of specific detention equipment as previously
identified and outlined in Attachment A.
Section 13.05. Commencing in April, 2016, Operator ag:,;ees to establish an
annual $10,000 Scholarship Fund to benefit deserving students ofKinney County.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have executed
this Amendment and acceptance of all other terms of the current Agreement and Addendums in
place between the County and the Operator, as attached hereto on the date set forth below.

COMMUNITY EDUCATION CENTERS, INC.

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DATE:

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DATE:

KINNEY COUNTY

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�•:
CEC
CORRECTIONS
ATTACHMENT A
County Owned Equipment Repiacement List

1. Vollrath 40760 60 qt Floor Model Vertical Mixer

$8,089.00

2. Convection Oven DouJ>le Deck-120 ,000 BTU

$5,473.49

3. Salvajor Disposer 200 Garbage Disposer

$1,414.00

4. Cleveland KGL-40 Steam Jacketed Kettle Gas Stationary 40 Gallons
5. 2 Penal-Ware 1485 Series 15" Econo Lav4oilet Comby
6. Unimac 80 lb. Cabinet Style Washer
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$15,680.0 0
$1,730.00 ea
$14,212.00

7. Unimac 75 lb. LP Gas Dyer
$4,420.00
.... , ............................................... , ...Last �tern ....................................... , ... , ........ , .. ,

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(832) 3.2S-58eo

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��CEC

CORI(EC11IONS

July 8, 2015
Hon. Judge Tully Shahan
P..O.Box 348

Brackettville, TX. 78832

Dear Judge Shahan:
This correspondence serves as a formal request to extend the Second Amended and Restat�
Facility Operation and Management Agreement (hereafter "Agreement") between Kinney
County, Texas (hereafter the "County") and Community Education Centers, Inc. (hereafter
"CEC") for a new three (3) year term commencing April 1, 2016 through March 31, 2019.
During the term of the proposed three-year extension, CBC agrees to reimburse the County up to
an aggregate of $52,000 for the replacement of specific detention equipment as previously
identified and outlined in the enclosed attachment. In addition, commencing in April, 2016,
CEC agrees to establish an annual $10,000 scholarship fund to benefit deserving students of
Kinney County.
Should th.is request be granted, a First Amendment to the Second Amended and Restated Facility
Operation and Management Agreement is attached for review and signature.
Thank you for your consideration.
Respectfully submitted,

Michael L. Caltabiano
Senior Vice President, CEC Corrections

ATTACHEMENT

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