This action might not be possible to undo. Are you sure you want to continue?
200S - 093
OF THE TOWN COUNCIL OF THE TOWN OF 8
RANCHES, FLORIDA APPROVING AN EEN CORRECTIONS CORPORATION OF A ERICA CCCA) A D THE TOW OF SOUTHWEST RANCHES FOR THE DEVELOPME T, CONSTRUCTION A D OPERATIO OF A CORRECTIO AL FACILITY; AUTHORIZING THE
MAYOR, TO ADMI ISTRATOR A 0 TOWN ATTOR EY TO ER TO A AGREE E Ti AND PROVIDI G AN EF ECTIVE DATE.
e Co rectio s Co on 0 o a co ectlonal facility 0 CCA prope Ranc es; an
erica (CCA) is considerinq ocated i n e Town of
WHEREAS, the use 0 the CCA property f a correctional facility is consist t with e To zoning and com ehensive plan designations; and
WHEREAS, CCA and o n ent e Town, for the r mut at benetlt, desire tha the into Intergovernme tal Ag eements for e housing of inmates a the
at CCA enter Into Direct Procuremen Agreements for the housing of Inmates a the CCA
WHEREAS, a:A an the To n, or their mu al be. efit, d
under the Agreemen by payment to the Town
diem received for the housing
OCA Is willing to compensate Town for benefits provided 0 a reaso able po "on of the per
d care of
WHEREAS, e To vn Adm nl been agreed upon by the parties.
ator has crea eel an Agreement that has
T ~n of Southwe
NOW, THEREFORE, BE IT RESOLVED by
Ra ches, Ao Ida:
own Coun I of
Se n 1: T e above referenced recitals a e true and cor ect and are Incorporated hereonby reference.
Section 2: e Town Councl he eby approves an Agreement betwe n e Town of South '/es Ranches and Corrections Corporatlo of America (CCA), for e deve opment, cons uctIo and operation of a CO ectionat fadlity of up to 1,500 inmates.
The Town Co nell h eby au orizes the Mayor, Tow Administrator and To Nn Attorney to ent into an Agreement in substantially e same form as a attached hereto as Exhibi 'A" and to make such modifications, additions and/or del ons which ey deem necessary and proper to effecbJa e the intent 0 this Resol '00,
at this Resolu 10 shall become effective immediately upon
PASSED AND ADOPTED by e Town Coundlo the Town of Southwest Ranches, Flo Ida, this 14 day of July 2005, on a mo 'on by Vice Mayor Fore anton and s conded by Counci Member Don Maines, nk Blanton Knig t
y y y
Abs tor Abstaining _ _---=-Y
Approved as to Fonn and Correctness:
ary A Pollakoff, J.D., Town Attor ey
ENT BETWEEN TOWN OF SOUTHWEST RANCHES CORRECTIONS CORPORATION OF AMERJCA
THIS AGREEMENT s e eby e tered i to between Correction Corpo a ion of America (CCA), a aryla d corporauo , and the own of Southwest Ranches (the
om), a municipal corporation of the state of Florid
as of the
WHEREAS, eCA s conslde ng co sung a corre iona faci ity (Facility) 0 CCA property i in South vest Ranches, Flo ida; a d WHEREAS.
'f bo he the use 0 the CCA prope y fo
a cor ec onal fa lity
own zon ng and comprehe
sive pan deslg a
III camp y
lth s ch regu at ions: and
WHEREAS, all requ red water, se ver and other u j ity services are available a e eCA property; and WHEREAS,
de e opme
a1 fa '1 '
reduce potential a c congest In e Vicinity of the site by generating one-half o~ the affic already al oca ed to the eCA property; d
e eby creati
own supports eCA's
cons ruct such a faci Ity,
9 emp oyment opportu Itles and econo
ic grm h: and
WHEREAS, e ope a 'on 0 the acility would foster Job tra nang and job creation, ereby supporting the pO'cy 0 Fronda Administra . e Code 9J5.0 0 (3)(c)(8); and WHEREAS, e Town IS "illing and able to support eCA's cons facility by roviding necessary development revie a d rova ; and WHEREAS, CCA and the Town, for th ir m ual be eri ctio of a
desire that the
enter Into Intergovernmental the CCA fa 'Iity; an
Agreemen s (IGA) for the ho sing of inmates by CCA at
CCA and the Town, for their m Ag eemen
ual be etit, agree that CCA
ente i to Direct Procurement at the CCA faCility; and
fa the ho sil')g 0 inmates by CCA
WHEREAS, CCA IS ~Ihng to compensate Town for benef s provided u der both IGA and DPA Ag eeme ts by paying the Town a reasonable portion of the per em as a Town fee. NOW THEREFORE, BE IT RESOLVED that 1. Correctio ar Facility a. eCA sha I prese t a site plan for the const ction of the correctional tacll ty In accordance 11th ap hcabJelaws and regula ions. The Town shall all mety provide all necessary deve opm permits, folio n9 the appropriate development ewew process, for CCA's oonstruction of a correctional facility on said prope y and shal s pport all required development approvals by other gove men al age cles. Th To aJlexpeditio s y ocess aU app ications deemed necessary to bri g the To v zig nto conformity with the proposed Facllty. This Agreeme t reflects the complete ersta ding 0 the parties regarding t e operatic 0 the a" ty. Du ng e e 0 th s Agre e the To shall not ta e additi al authonta ve actio 0 rther di ect Facility opera ions, req i e additiona from CC 0 prev CC's ope a Ion 0 the =acillt~', The Fae lity will be designed 0 house no more than 1,500 inmates wi e inte to originalJy construct a facil ty tha s a i i m 0 1,000 i ma es, is pro islon sha I no e construed 0 'b' sxpansl of e FacT In t e f tu e to accom oda e eus 0 er needs, s Ject to 0 Cou cil ap ro al. 2. Cons'
c '00 of Facility
e parties agree as folio 5:
a. CCA s a co ply ith a 1a p icable laws and regulations regarding e subrrussi 0 es gn pans, e acqu sltlon of bUlldi 9 erm ts and e inspection of const ction. Representativ s of t e Town shall have reasona le access to e co struction si e and aci ity to observe a d mooitor th construction process. b. eCA agrees to provide a deve opment fee In e amount of 600,000. The first 200,000 payment s aJ be made upon ac levement 0' he foil I'jng: Executio of thiS Agreement and eceip of al requ site . e and p at approvals ltn e addi ional 400,000 due upon commencemen of oonstru 'on, If CCA does not construct tho Facility i in t eve mo s frorn e da e of s'te plan approval, CCA shaJi pay t e $400,000 bala ce as fojo s: 300,000 due upon r ewed app oval of the s te plan (because site p an has a 12 month 2
mplem ntanon limefra e) an 100,000 due upon commencement of construction or the second re e eo approval of the site plan, Ichever comes first.
Oi ect Procurement Agreements (OPA) CCA ill asse ively contac , id nfify and may ente into any OPA lith any governmental entities with he express written adviSOlY noffflcano a the Town. CCA i I use Its best eft s to en er i to DPAs wit terms a d conditions communicated to To vn. For purposes 0 the Agreem nt, a "OPA or Direct P ocuremen Agre ant s all refer to any direct agreement or agreeme t ente ed Into betwe a th rd party en ty and CCA 0 house I mat s at Facil!ity. b. CCA shall fuJly Inform To n DPAs concerning t e Facility.
negotiations rela ed to d velopment of
c. Classifica on and custooy of inmates 0 sed at the Facility s all e gove ed by the oPAs, but i any ev shall not be h g er than edlum custody, pursuant to a genera Iy recognized obie ive ciassifica sys em. d. erms 0 S 0 islor pro isio 4 belo 0 any o her term of this Agree e t, the parties nders and and agree t at CCA canna en re a immum population at t e faclJlty,and t e To shall have no claim 0 cause of action related to tho amount 0 popu ation or the opera ing status of the faci ity. 4. In
a. 0 parties III work toge cr to establ sh contra vlth third parties for housl 9 inma es a the Faclllty. eCA a d Town wil assertively contact a d identify. a CCA will provide necessary informatio about client a e C10 at paten ally II provide inmates to be housed a d ca ad for at the CCA taeili . The To II at contact any entity regarding the development of an agreement whereby CCA wou d ro 'de correc 0 al services u less the To has advance approval of such con ac from CCA. Town and eCA wi I use its best e forts to en er into IGAs ith terms and co ditions agreeable to e Town and CCA. For purposes of e Agreement, an "IGA- shall refer to any Intergov81i me tal agreeme t entered into between a th"rd party govemme al entity and e Town fo the hou n90 inmat s a the Facility by CCA. o. Duri g the ter of the Agrc ent, t e To' I shall pro de s ch se ICes with respec to IGAs exclusively to CCA ads al ot enter Ontoan IGA on 3
of y 0 er private correctional en ty. Each party WIll fully -nf the other parties of nego -atlons re ated 0 the eve mont of IGAs concerning e FaeJity. c. Classffication and cus ody of mma es housed at the Fa . ty sha I be governed by the 'GAs, but in any ev ) shall no be h gher than medium cus ody, pursuan to a gene ally r; cogn zed objective class fication syste . CCA shall provid services required to meet e terms of the IGAs but shall not be obligated 0 comply .,ith the terms 0 any IGA nless CCA has revle ed e IGA d approved is terms In writing. The To n wi! not amend, termina e or otherwise ang8 the tenns of the IGAs i out the nor Otten eonse t of CCA.
a. In 0 era 9 the FaeiJty, CCA shall co ply a I appliea e fe e al, s ate and local la s and reg a ons. 0 ri e of the Ag e ment CCA shal obta n a a a-n ai . s Ame ca correcti s Assoeiat (ACA) aecr by the IGAs adD As. b. The To
d. eCA s al pro 'de e Town '11th vrltten responses to any informat on req ested by the Town as necessary 0 determine CCA's e pha1ce nder the Agreemen un ass the release of such inter a on is POi i ad rom disclosure by law or contract 0 wou d pose secu ty co cerns. eeA all p ovida said response as soon as reasonably posstb e after is receip of 0 To 's r Quest. eCA shall ce ify at said nfo mation is accurate, a d if eCA is nable to so certify, then eCA shal s ate the reason tho efore. The Town sha I a e the rig t and a thorny u de t e Ag"eement to observe CCA's pe orrnance thereu der. The To n's exercise of its rights hereunder, or the ailu e 0 exercise such g s al no relieve eCA of is responsibf y, obliga on and lia ility under t e Agreemen .
e. If the Town determines that CCA is not operating in compliance with a term or condition of e Agreement hlch, leo Inion 0 e To poses Imminen danger to the citizens 0 the Town or other I divl uals, tt e Town may notify CGA in writing (or verba Iy if it is believed an emergency sit a ion exists) a d reques rmme la e corrective acbon. e To's representati e with access to vie a written Policy a d Procedures Manual whlc all con ain policies and procedures for services to be rendered byeCA n accordance . any IGA or DPA and app lea Ie Fede ai, State and Local Standards. g. CCA agrees to hold regu a y sc ed led quarte y mee 'ng5 ·th the Town to report on the operations of t e Facil ty and to respond to a y q es ions raised by the To . Sa d regular mee 'n9s sha I be i addilio to in er m meetings requested by the Town; provided, ho vever, the rreouency of such meetlnqs i subj ct to modification by eCA or To . GCA ag ees tha a ep esentative of CCA aving supervisory responsi ility and authority to address e iss es ra sed shall be In attendance a said meet' 9s. CCA 1m pro de sufficie oyee Job t al ng fo all employees hired at the Fa I d ri g. erm re ment. UpO'1 . e To V"l'S request, CGA ill report periodical y to the 0 on e implementa Ion of employee job aining and job crea on for individuals that meet t e crlt a 0 earning less the 120% of the median income which require or need affordable housing. 6. own Fees a. Both part es agree tha the Town shal receive a Town fee. e amount of the ee shall be de med by the ag eement e od utilized to provide the in a es. b If o ag e en me ad utilized is a Dlr r men Ag eoment (DPA). the fee a I be equal to roo (3%) percen of the per diem compe sa on received by CCA c. CCA will be oesgnated as a Payee on all DPAs and' shall pay Town is fees withm te (10) wo i 9 days after Its ece pt of e funds. c
A all imes dunng t e operanon of the facility, eCA shall provide
d. If the ag"eement method u 'lized is an Intergovemmen a Agreement (IGA), e fee shall be equal 0 four (4%) p rcc t of the per diem compensation eceved by Town.
e. To the exte t allowed u der the IGAs, CCA w II be the Payee and shall forward e Town its appllcab e feas thin ten (10) ~orking days after rec ipt of the fu ds. Otherwise, it the To is the desig ated Payee, CCA ag ees to submit to the Town the necessary docume tatlon for payment as set forth n the IG~ In a stance, the To shalf pay ounts Que CCA it in te (10) w n9 days a e receip of payment, afte ded ctJng Its tees pursuant to this Agreement. In consideration of t e reporti g and com unica on requlrerne ts to the T In ding the term of e Ag eement. the Town shall pay a Partnership Support ee to CCA in an annual amount 0 $150 OOO, payab e in mont Iy i stallments, begi ning a toe d of e first ~II year of opera tons, CCA ano Town ag ee tha said fee shall be ame ded annually to address cha 9 n9 co di ions, During any given yea In vhich the pnor yea's Town Fee was less han 0 e M Ilion Dol ars ($1.000,000). e Part ership Suppo Fee s all be ea eulatecJby s btracting the diffe ence betwee he p lor year's Tow Fee and One illion Dol rs ( ,000,000) from the $150.000 Or amended Partner Ip Support Fee.
ee eCA s a I protect, de end. One mfy, save and harmless e ov ,al its departments, agenCIes, boards and commissions, s of ce ,agan s, servants and employee • nduding vol n eers, from and against any and a I cia rns, demands, expenses and I abiUy ansin 0 of ac s or orniss ons of the eCA, its age ts serve ts, s bco trac ors and emp 0 ee nd any a a I cos s, expenses a d attorney' ees n rred as 8 esul 0 a s eh clai ,e ad or ea s of action I cl di g, . 0 lim ted to claims ari g from: a. Any breach or defau Ag eement; on the part
CCA In the p rfonn nee
b. Se ces rendered by CCA. or by a y subcon acto or other person or firm performing or supplying se oes, mate als 0 supplies in co nee 'on n he planni g, deSIgn, cons ction,o 0 ration of the Facility;
Personal injury or prope y damage;
d. e pu Ilea on, translation, reproduc on, del very, p rformance, use, or disposition of any de a processe under the Agreement in a ma ner not authorized by the Co aet,o by f eat sta e, or local s atutes 0 regula 0 s; and y failure of CCA, its officers agents, or mp oyees 0 observe the laws o e Unted States, t S ate of Flo lde, local, rnuruclpal laws, rules and regu a ions, and inclu I 9 but not limited to labo- laws d minimum ~age la s. In case a y ac 'on or proceeding is brough agains the own by reason 6
of any such claims, eCA, su actio by qualified co upo eCA's Performance no standin terrnmano
upon no -ce rom the Town. shall defe d against nsel. eCA's obligatio s hereunder shall be b'nding Bond Surety and these 0 ligatio s s all survive of this Agreement.
d. During the Term of the Ag eement, eCA shall obtain and maintain suffi e t Insurance co erage by an ins rance company(s) that Is licensed to Issue pol oes In e Sta e of Florida and carries a i Imum rati 9 of A+ VIII as rated by A. M. Best. Such policies s all include s andard liability coverage with a mlnl um coverage of 5 Mil ion Dol ars for -a I risk property and fire Insurance vhich shall include azardous substance and waste co erage, medical and profess al lJability insura ce in the m imum amoun of 1 Milllon/$3 i lion Dollars, comp ehens ve general liabi lty Insurance, work s cornpe sanon, Errors & Omissions coverage, pe 0 aJ liabi ity blanke crime ins ranc covering employee disnonesty and AIDSIHIV exposure coverage. e. In addition. eCA shall provide the To wi a perfonnance bond in the amou t of 1,000,000 to be In effect duri 9 the term of this Agreement. The cos 0 the performa ce bond is to be paid by Town.
e0 shal support conti ued assessment 0 he CCA property as an agricultural use or such othe use so as to allow the Faolity to exis and operate as a correctional facility. If the property is zoned for agricultural usc CCA must se a portio of the property for agricultural purposes. The To vn shaJi p ovlce a I posslble support to eCA In securing an agricuHural tax assessment from other governme ta entities.
The initial term of the Agreement s all commence upon the execution of this document y bot parties a ini al term s all be fo twen - m (22) yea s from I e tssua ce of a C rtificate a Oce pancy (CO) fo the initial Faci!" y. The Ag eement may be renewed by mu al agr amen 0 the parties for an addition twenty (20) yea term 1m ediately following the initial term.
and Chanae of Owne hlR ithou penalty upon the
a. Either Darty may terminate his Agreeme permanent closure 0 the Facility as a prison.
b. Eithe party may tennina e is Agree e upon 120 days no ce If the ot er party fails to cure a material breach of lh s Ag eement within 60 days 0 receipt of 0 ce of oreach, c. In the event that GCA elects to se1l,or 0 erwise transfer, the property and Facility, CGA sha J first notify the Town n provide the Town an opportunity 0 purc ase the property and Facllty at fa p lies are una e to nego .a e a purchase agroemen . I thirty days eCA shall have he option of putti 9 the p operty a d Pacl ity on the marke. CGA shal grant to e To nag t of firs re usa to purchase e p operty a d Fa Tty' e event of a y pote ial bona fide sa e to y 11 party. Prior to sel ing the property an Fa rty to a t ird party, eCA shal provl e the To wi he terms of the offer to purchase, and a Town may e e to match e terms a d purchas e property and Facility. If he Town falls 0 rna ch e otfe . in sixty days, eCA may t e sell the property and Facility to the Ird pa Ithou pe alty d. In t e even CCA se Is or 0 o oontm as, dire y or mdi ec mstitull ,os e or ans er of t to the lrelpa s agreeme t 0 e 'S8 trans ers e Facll y to aid party Iy, to ope a e e acf as a co ec; S e Faei i y to the hrrd pa shall e s bject bound by the Ie- s of th s Agr emen.
agre apprrusa appra se exercise o liga e 1. In opera n9
e event eGA or a y of It uccessor 0 assigns, fi as a petitio for e own s a ave e 'gh to p cha e e Fa T for alr n etw e the p rties. If e panles a e nab e to a et r ce, e price sha I e de ined by e follo, 'n9 party shall selec a essional licensed .A.I. selec a ird ro'e tonal lie ns appraiser to sole JU gmen. This provision shall ot be oonstru d to to p rcha e he Facility in he even of eCA's kruptcy. e Facility CCA agrees 0 comply . h the fo 10'. 109:
a. All applica e sta dards, federa , state a d ocal la s, cou decisions, and Court Orde s and consent ag eemenls, het e currently e sting or as may be enac ad or rendered in the f ture a d a I manda ory ACA s andards: b. The own agrees to cooperate with eCA in good fal In carrying aut the terms of any IGA or OPA, and the pa les s al york toge er 0 maintain a pos t e relations Ip any stome . No ~thstaf'ldi 9 any P 0 51 on co ai ed herein to the contrary, e parties ag ee at CCA s all be t e ope ator of the Facility a d shal have r II dlscre on, s bj to appJcab e la v, egardlng its operation, ei c the 0 m s ab rty to observe opera .Of'IS and
access operational info matlon here nder, nor any 0 r provl construed to g ant the To the ablity or duty to di ect or control of th Faci ity.
Access to Records The Town's re rese tative shall have access to vie eCA's policies, procedures, plans and reoords regarding emerge cy response, fire prevention, maJntenance, employmen I safety and security, staffi g, use 0 force command pos, communicatio 5, transportation, ory, key control, Sp aaJ Operations Response eam, emerge cy generator, media coordl ation and all other operational aspects 0 the Fa 'lily. The To 's r presentaf e shall also have access to view eCA's emergency pans regarding e folloWing: disturbances, fire, olent deat of s a or inmate, hazardous material, bomb rea, escape procedure, hostage si uations, assault from e ou ide/te orlst actJvty, natural disasters, medical emergencies. to aJ evacuation, partial evacuation, work stoppage, i clement wea at, canine u its, and hunger strikes. eCA shall ensure that s oh plans are In place at al times during the operatio of the Facility. In e I teres 0 Facility security, e Town shall keep all such informa 'on confidential. The Town shall not ave access 0 employee sa ary tn ormation 0 any 0 er Informa ion prohibi ed from disclo u e by la v or contra t.
Safety and Security At al tl es during the opera ion of the Facility including CCA's transport 0 Inmates to or rom the Facility, eCA all provide adeq ate staffing and security controls to pro ect t e rnmates, staff and public an to pre ent riots and escape.
iscellaneous a, If eCA receives no ce from a custo e ose Inmates are housed at the Facility that eCA as committed a material breach that poses immediate a d se 'OUS danger to the general public. e Town may e ect to assess a fine o 1,000.00 a day until the expira 'on of the cure period gran ed by the custom r 0 until eCA cures e breach, ~h'chever comes irst. b. The parties co sent to the j risdlctio of the ederaf co rts for the South District of Florida or the Broward County Circuit Court In any action, s.Jlt or proceeding relating to this Agreeme . The parties may ect, by mutual consent, to submit any dispu e 0 binding a b- ration. In the event e t er party p evans in a court action between the parties, the prevailing party shall be 9
entitled to recover a orney's fees and court costs from the 0 er party. The pa 'as agree that an ae ion at la for the award of etary damages to the Town for a breach of the Agreement by CCA may no provJde an adeq ate re edy to the Town. Therefore, the parties agree tha the To n's rer edy in the event of a breach of th s Agree ent by CCA may include the equitable nght to obtain ecific performance at this Agreement from CC its successors and assigns.
Agr be a brea
The fai ure of performance of any of e terms and conditions of this me t resulting from acts of na ure, w • civil nsurrection or rio sh I no
d. The provisions of the Ag eernenl are for the sale be eflt of the parties here 0 and sha I no bo construed as co fer ng any rig ts on a yother person or en 'ty. e. of This Agreement(s) s all be governed by a d cons e Sate 0 FloJi·da. e under he la vs
This Agreeme'lt s a I no
wri ng executed by both parties.
a ended exce t in
to mail, return receipt requeste to:
AI notices s
Is Ag eem
t ha I be sent by certified
To 'n: Jo n Canaca o Ad nlst ato 6589 S 160 Ave ue Ranc es FL 33331
copy to: Gary A. Poliakoff, J.D. own Attorney Becke a d P iakoff, P A. 31 1 Stirling cad FL La derdale, Florida 33312
CCA: Gus Puryear IV. General Counsel
Corrections Co pora ion of America 10 Burton HII s Boulevard
o a y of the terms or subsequent
wai er of any brea s a J be a
aive of a y oth
breacn: or s all any
'gned by the
be valid 0 binding unless
party alleged to have 9 anted tndeoenQent Contractor.
e same shall be in aiver. is associated
'th the Town e
only for the
purposes and to the extent Sa forth p rformance of th management an mdependent contracto .
With respect to the
services set out
In, CeA is a d shall be
Executive Office, The Facility and its programs shat be ma aged by a single
erred to herei
Warden ). The executive officers resume shall be
ovided to the To vn.
TOWN OF SOUTHWEST
a Town Administrator
As to Form and Correctnoss:
OF A ERICA
By: ~.-¥->c""""L.----Its: ~_~ /-' __ _
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.