Agreement between Cibola County, New Mexico and Corrections Corporation of America THIS Agreement is made and entered into by and between Cibola County (the County), a political subdivision of the State of New Mexico and Corrections Corporation of America (CCA), aMaryland corporation with its principal of?ces located at 10 Burton Hills Boulevard, Nashville, Tennessee 37215. WHEREAS, the County intends to enter into an Intergovernmental Service Agreement (IGSA) with the United States Immigration and Customs Enforcement (ICE), a copy of which is attached hereto as Exhibit WHEREAS, CCA owns the Cibola County Correctional Center in Milan, New Mexico (Facility) and desires to house federal inmates at the Facility pursuant to the WHEREAS, the County desires CCA to house federal inmates at the Facility pursuant to the and WHEREAS, the County will bene?t ?'om CCA's housing of the government's inmates at the Facility through the creation of jobs and the payment of applicable preperty taxes. WHEREAS, this Management Agreement is subject to NMSA 1978, Section 13-1?- NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, CCA and the County hereby agree as follows: 1. The County shall enter into the IGSA with ICE, and the County may enter other/additional IGSAs for services to be provided at the Facility, subject CCA's advance written approval. - 2. The County shall place federal inmates at the Facility as directed by the applicable federal entity pursuant to the attached IGSA. 3. For every federal inmate accepted into custody at the Facility, CCA shall provide services in compliance with the terms of the applicable IGSA. which shall be appended to and incorporated into this Agreement. 4. The County will not amend or otherwise change the terms of the. without the advance written approval of CCA. CCA is not obligated to house inmates at the Facility if the IGSA is changed without its written approval. Page 1 of 6 10. ll. 12. 13. Should CCA desire to seek an increase in per diem from the federal government under the IGSA, CCA shall provide all documentation necessary and appropriate to that effort, and the County shall provide all necessary and reasonable cooperation in the pursuit of the increase. Any such increase in per diem rests in the sole discretion of the federal government. CCA shall indemnify, defend and hold harmless the County and its officers and employees from liability and any claims suits, judgments and damages to the extent such claims, suits, judgments and damages arise from the performance of the speci?c duties outlined in this Agreement. Nothing herein shall be construed to require CCA to defend or indemnify any party for any claims, lawsuits, damages, expenses, costs or losses arising from any Habeas Corpus action or other action challenging the validity of a conviction or sentence. The County shall pay CCA all funds received pursuant to the IGSA within 10 working days of the County?s receipt of the funds from the government, less an administrative fee of $0.50 per day per irnnate. CCA agrees to submit the necessary documentation for payment as set forth in the IGSA. The County will not be reSponsible for payment of funds owed but not rendered by the federal govemment. The term of this Agreement shall commence on date of the last signature and run concurrent with the term of the IGSA unless otherwise terminated as provided herein. Either party may terminate this Agreement for convenience on sixty (60) days mitten notice to the other party. The failure of performance of any of the terms and conditions of the Agreement resulting from causes beyond the control and without fault or negligence of the parties, including but not limited to acts of God, war, civil insurrection or riot, shall not be abreach. The provisions of this Agreement are for the sole bene?t of the parties hereto and shall not be construed as conferring any rights on any other person or entity, including but not limited to, inmates held pursuant to the IGSA. This Agreement shall be interpreted under the laws of the State ofNew Mexico. Venue shall be in the 13?? Judicial District Court, County of Cibola. Neither party shall be responsible for the attorneys' fees of the other. This Agreement shall not be altered, changed or amended except in uniting Page 2 of 6 14. 15. l6. 17. 18. signed by both parties. This Agreement incorporates all the agreements, covenants and understandings between the parties. No prior contract or understandings, verbal or otherwise, of the parties and/or their agents shall be valid or enforceable unless embodied inthis Agreement. The Contractor agrees to abide by all federal, state and county laws and rules and regulations, pertaining to equal employment opportunity. In accordance with all such laws, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal af?liation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the bene?ts of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these de?ciencies. The Contractor agrees to comply with state laws and mics applicable to workers compensation bene?ts for its employees. lfthe Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the County. The Contractor and its agents and employees are independent contractors performing professional services for the County and are not employees of the County of Cihola. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of county vehicles, or an'y other bene?ts afforded to employees of the County of Cihola as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the County of Cihola unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. a. Con?ict of Interest/Governmental Conduct Act. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would con?ict in any manner or degree with the performance or services required under the Agreement. b. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor speci?cally represents and warrants that: Page 3 of 6 19. 20. 21. i. in accordance with Section 10-16-43 NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any County employee while such employee was or is employed by the County and participating directly or indirectly in the County's contracting process; ii. this Agreement complies with Section NMSA 1978 because the Contractor is not a public of?cer or employee of the County; (ii) the Contractor is not a member of the family of a public of?cer or employee of the County; the Contractor is not a business in which a public of?cer or employee or the family of a public of?cer or employee has a substantial interest; or (iv) if the Contractor is a public of?cer or employee of the County, a member of the family of a public of?cer or employee of the County, or a business in which a public of?cer or employee of the County or the family of a public of?cer or employee of the County has a substantial interest, public notice was given as required by Section 10-16-703) NMSA 1978 and this Agreement was awarded pursuant to a competitive process; The Procurement Code, Sections 13?1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. No federal appropriated funds can be paid or will be paid, by or on behalf of the CONTRACTOR, or any person for in?uencing or attempting to in?uence an of?cer or employee of any County, a Member of Congress, an of?cer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, or the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modi?cation of any Federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person in?uencing or attempting to in?uence an of?cer 0r employee of any County, a Member of Congress, an of?cer or employee of Congress, or an employee of a Member of Congress in connection of this federal contract, grant, loan, or cooperative agreement, the CONTRACTOR shall complete and submit Standard Form ?Disclosure Form to Report Lobbying,? in accordance with its instructions. All notices sent pursuant to this Agreement shall be given in writing and shall be delivered in person, by certi?ed mail, postage prepaid, retum receipt requested, by facsimile, or by commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: Page 4 of 6 County: Tony Boyd, County Manager 700 E. Roosevelt Ave. Suite 50 Grants, NM 87020 CCA: Scott Irwin General Counsel Corrections Corporation of America 10 Burton Hills Boulevard Nashville, TN 37215 Fax number: 615-263-3020 Warden -, i .. -- . Cibola County Corr?otional Facility 2000 Cibola Loop ., Milan, New Mexico 87021 Fax number: 630-792-5636 23. No waiver of any breach of the terms or conditions of this Agreement shall be a waiver of any other or subsequent breach, nor shall any waiver be valid or binding unless the same shall be in writing signed by the party charged. Page 5 of 6 BOARD OF COUNTY COMMISSIONERS APPROVED, AND PASSED on this 26th day of October, 2016 1.. .5. - Walter Jaramil af?rm? ISh?lCt II SEA AttestElisa Cibola County Clerk CORRECTIONS CORPORATION OF AMERICA my; Page 6 of 6 1 01271201 6 08:49 fm151352355434 P.003i004 Dept. of Finance and Administration] Local Government Division Signature: ?_722? '2 I Ck/Apa Q/?chn Title: ?71271} Expat?, Date: 7/1'5 Page 7 of9 I NIH-JV New Mexico Attorney General/Authorized Representative Signature: U4. AK Title: bl?tt MY 11.2166 Date: 96 JUN, Page 8 of 9 1012?12015 08249 Risk Management Division Dept. of General Signature: 3 u? Dateit; kas?r 1?21be Page-901's . '3 13-.. . i i 3? ,3 Title: akjggiifbd?v Lg its {34-15% $141.5? . E: (FAKN 5052355434 P.004IUU4