Security_Guard_GSA_-_CLEAN_02-12-2026_dg.docx

BUCKMAN DIRECT DIVERSION BOARD

GENERAL SERVICES AGREEMENT FOR

SECURITY GUARD SERVICES

THIS GENERAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the Buckman Direct Diversion Board (BDDB), and TBD (“Contractor").

IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

1. SCOPE OF WORK

Contractor shall provide armed and unarmed security guard services for the Buckman Direct Diversion ("BDD") facility. Services may include mobile patrol, stationary post coverage, and foot patrols, depending on the specific needs of the site. In addition, Contractor shall provide and maintain the following responsibilities:

I. Patrol Duties and Tasks

· Contractor shall provide professional, armed and/or unarmed security guard services in compliance with BDDB objectives, applicable laws, regulations, and industry standards.

· Maintain a professional appearance and conduct, exercising sound judgement and discretion when interacting with the public, BDDB staff, contractors, and stakeholders.

· Conduct regular patrols and inspections of BDD-designated areas, including buildings, parking lots, entry points, and access roads, ensuring full perimeter security, access control, and visible deterrence.

· Deter unauthorized, disorderly, or unpermitted activities through proactive patrols, surveillance, and enforcement presence.

· Present, identify, and respond to security incidents including trespassing, vandalism, theft, fire, and other threats, summon law enforcement or emergency services when required.

· Protect BDD personnel, contractors, and bystanders during enforcement or security operations.

· Perform security checks, verify compliance, and document observations and incidents accurately.

· Prepare written incident reports, maintain activity logs, support data reporting requirements, and provide testimony when required.

· Utilize real-time tracking or monitoring systems to document guard activity and patrol coverage.

· Attend mandatory meetings and training sessions as directed by BDD.

· Provide emergency or on-call services at BDD's discretion

· Pre-Enforcement Coordination

· Collaborate with BDD staff to plan and align objectives for enforcement operations.

· Participate in pre-operation briefings to assess risks and establish protocols.

· Review system of communication for daily reports and elevated circumstances.

· Surveillance and Deterrence

· Maintain ongoing monitoring of assigned areas via vehicle or foot patrols.

· Use visible identification to establish authority and discourage violations.

· Regularly monitor and respond to security alerts sent to Contractor by BDD via email, phone, text message or mobile app depending on the level of enforcement.

· Enforcement Support

· Assist BDD personnel during enforcement operations, ensuring their safety.

· De-escalate conflicts and manage crowd behavior professionally.

· Secure confiscated property to prevent unauthorized access.

· Incident Response

· Respond promptly to incidents or emergencies.

· Follow emergency protocols, coordinate with law enforcement as needed, and document actions taken.

· Post-Operation Duties

· Inspect post-enforcement sites to ensure security and compliance.

· Submit detailed incident reports to the BDDB within 12 hours of occurrence.

II. Personnel Requirements

· Security personnel must:

· Hold valid New Mexico RLD Level 3 Security Guard Registration and Driver’s License.

· Complete training in conflict de-escalation, public engagement, and incident reporting.

· Bilingual (English and Spanish) preferred and able to communicate clearly in English.

· Wear uniforms that clearly identify personnel as “SECURITY.”

· BDD staff will perform random quality assurance checks.

· For emergency contact and auditing purposes, any and all Patrol Guards assigned by Contractor must possess a smart phone with a data plan that can communicate via internet, call or text and shall be reachable by BDDB staff via cellphone or radio at any point in time during a patrol shift.

· For accountability purposes, security personnel will be required to provide verification of each visit, which may include photos, GPS records, or mobile app check-in record.

· Provide a description of the mobile app system your company utilizes to verify security guard location (if any) and its capabilities.

· Contractor shall provide such equipment at its own expense and responsibility.

· Contractor shall contact BDD staff immediately if a guard will not arrive for a scheduled shift.

· Contractor shall make available to BDD a 24-hour point of contact that can be reached to resolve scheduling issues or no-shows.

III. Patrol Service Hours and Locations

· Patrol Services at BDDB Facilities

· Roaming Patrols across BDD, with established routes based on security needs, with one guard assigned to each shift.

· Provide vehicle based roaming guard services.

· Security guards must travel by vehicle with a preferable company branded vehicle to each location, exit the vehicle, and perform a walking inspection at times with a flashlight when warranted.

· The BDD facilities shall be patrolled multiple times during the scheduled shift for patrol and observation to detour unfavorable behavior.

· Tentative hours for security services at BDD facilities are:

· Monday through Friday: 6:00 p.m. to 6:00 a.m.

· Saturday and Sunday: 24 hours (12:00 Midnight – 12:00 Midnight).

IV. Reporting and Documentation

· Daily Activity Logs: Maintain detailed records of patrols and observations on mobile app. with a time stamp.

· Incident Reports: Submit reports of significant events within 12 hours.

· Monthly Summary Reports: Provide analysis of patrol activities and recommendations for adjustments.

· BDD may request alternative reporting or documentation measures based on security conditions, subject to the approval of Contractor.

V. Coordination and Communication

· Assign a dedicated account manager as the primary contact for BDD.

· Participate in quarterly performance review meetings.

· Remain available for service requests or strategy adjustments.

VI. Equipment and Resources The security firm is responsible for supplying, maintaining and insuring all equipment and vehicles.

· Motor Vehicles: Fully marked patrol vehicles with GPS tracking and proper insurance.

· Contractor is responsible for paying all fuel costs.

VII. Emergency Protocols

· Adequately retreat from conflict to ensure Contractor safety if required.

· Coordinate with law enforcement or emergency services as necessary.

· Document and report all emergency actions promptly.

· Guards shall contact the Santa Fe Regional Emergency Communications Center at (505) 428-3710 to address elevated situations (or 9-1-1 for an emergency) and shall immediately notify the BDD Control Room at (505) 955-4505.

VIII. Performance Metrics and Key Performance Indicators (KPIs)

· Maintain professionalism and responsiveness during all operations.

· Meet reporting and documentation requirements. Timely and accurate submission of reports.

· Demonstrate measurable reductions in unauthorized activities, violations, or security concerns within assigned areas.

· Receive positive feedback from BDD staff regarding professionalism and adaptability.

2. COMPENSATION

A. The BDDB shall compensate Contractor based on the itemized amounts and/or rates specified in the attached Exhibit A. For the services and goods described in the scope of work, the BDDB agrees to pay the Contractor $TBD. The services and goods in the contract include GRT. The GRT on this contract at 8.1875% equals $TBD. The total compensation for the contract including GRT is $ __________.

B. The compensation represents a maximum amount. Contractor must notify the BDDB when the Services provided under this Contract approach 90% of compensation total. Services rendered beyond the maximum compensation amount will not be reimbursed unless the Contract is amended in writing prior to the provision of such services.

C. Invoicing and Payment Terms Payment will be made upon the BDDB's acceptance of deliverables and receipt of a detailed, certified invoice from the Contractor. Payments will be sent to the Contractor’s designated address. The BDDB shall issue payment in accordance with the timelines required by law. Invoices must be submitted no later than fifteen (15) days after the Contract’s termination. Late invoices will not be processed or paid.

4. TERM

THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED IN WRITING BY THE BDDB. This Agreement shall terminate ten (10) years from the date of final signature. An agreement for general services may not exceed ten (10) years, including all extensions and renewals, except as otherwise provided by NMSA 1978, Sections 13-1-150 through 13-1-152 or SFCC 1987, Section 11-13.

5. DEFAULT AND FORCE MAJEURE

The BDDB reserves the right to cancel all, or any part of any orders placed under this Agreement without cost to the BDDB, if Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold Contractor liable for any excess cost occasioned by the BDDB due to Contractor's default. Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of sub-contractors due to any of the above, unless the BDDB shall determine that the supplies or services to be furnished by the sub-contractor were obtainable from other sources in sufficient time to permit Contractor to meet the required delivery scheduled. The rights and remedies of the BDDB provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

6. TERMINATION

A. Grounds. The BDDB may terminate this Agreement for convenience or cause. For agreements within their authority, the BDDB Manager or their designee is authorized to provide the notice of termination, otherwise such notice of termination shall be provided by the BDDB, or their designee as authorized by the Board. Contractor may only terminate this Agreement based upon the BDDB’s uncured, material breach of this Agreement.

B. Notice: BDDB Opportunity to Cure.

1. The BDDB shall give Contractor written notice of termination at least thirty (30) days prior to the intended date of termination.

2. Contractor shall give BDDB written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the BDDB’s material breaches of this Agreement upon which the termination is based and (ii) state what the BDDB must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the BDDB does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the BDDB does not, within the thirty (30) day notice period, notify Contractor of its intent to cure and begin with due diligence to cure the material breach.

3. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to Contractor (i) if Contractor becomes unable to perform the services contracted for, as determined by the BDDB; (ii) if, during the term of this Agreement, the Contractor is suspended or debarred by the BDDB; or (iii) the Agreement is terminated pursuant to Paragraph “Appropriations”, of this Agreement.

C. Liability. Except as otherwise expressly allowed or provided under this Agreement, the BDDB’s sole liability upon termination shall be to pay for acceptable work performed prior to Contractor’s receipt or issuance of a notice of termination; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE BDDB’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

7. AMENDMENT

A. This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the parties hereto and all other required signatories.

B. If the BDDB proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Contract, pursuant to the termination provisions as set forth in Paragraph "Termination" herein, or to agree to the reduced funding.

8. STATUS OF CONTRACTOR

Contractor, and Contractor’s agents and employees, are independent Contractors for the BDDB and are not employees of the BDDB. Contractor, and Contractor’s agents and employees, shall not accrue leave, retirement, insurance, bonding, use of BDDB vehicles, or any other benefits afforded to employees of the BDDB because of this Agreement. Contractor acknowledges that all sums received hereunder are personally reportable by Contractor for income tax purposes, including without limitation, self-employment tax and business income tax. Contractor agrees not to purport to bind the BDDB unless Contractor has written authority to do so, and then only within the strict limits of that authority.

9. ASSIGNMENT

Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the BDDB.

10. SUBCONTRACTING

Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the BDDB. No such subcontract shall relieve Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from the BDDB.

11. NON-COLLUSION

In signing this Agreement, Contractor certifies that Contractor has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the BDDB.

12. RECORDS AND AUDIT

During the term of this Agreement and for three years thereafter, Contractor shall maintain detailed records pertaining to the services rendered and products delivered. These records shall be subject to inspection by the BDDB, the State Auditor and other appropriate state and federal authorities. The BDDB shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the BDDB to recover excessive or illegal payments.

13. APPROPRIATIONS

The terms of this Agreement and any orders placed under it, are contingent upon sufficient appropriations and authorization being made by the BDDB for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Governing Body, this Agreement, and any orders placed under it, shall terminate upon written notice being given by the BDDB to Contractor. The BDDB's decision as to whether sufficient appropriations are available shall be accepted by Contractor and shall be final. If the BDDB proposes an amendment to the Agreement to unilaterally reduce funding, Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment.

14. RELEASE

Contractor, upon final payment of the amount due under this Agreement, releases the BDDB, its officers, and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. Contractor agrees not to purport to bind the BDDB, unless Contractor has express written authority to do so, and then only within the strict limits of that authority.

15. CONFIDENTIALITY

Any confidential information provided to or developed by Contractor in the performance of this Contract shall be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval by the BDDB.

16. CONFLICT OF INTEREST

A. Contractor represents and warrants that Contractor presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. Contractor shall comply with any applicable provisions of the New Mexico Governmental Conduct Act and the New Mexico Financial Disclosures Act.

B. 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, NMSA 1978, Chapter 10, Article 16.

C. Contractor’s representations and warranties in Paragraphs A and B of this Paragraph are material representations of fact upon which the BDDB relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the BDDB if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Paragraph were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Paragraph were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the BDDB and notwithstanding anything in the Agreement to the contrary, the BDDB may immediately terminate the Agreement.

D. All terms defined in the Governmental Conduct Act have the same meaning in this section.

17. APPROVAL OF CONTRACTOR REPRESENTATIVES

The BDDB reserves the right to require a change in Contractor’s assigned representatives if Contractor is not adequately serving the BDDB’s needs.

18. SCOPE OF CONTRACT; MERGER

This Agreement incorporates all the agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Agreement.

All terms and conditions of the FY26-ITB-063 - Security Guard Services and Contractor’s response to such document(s) are incorporated herein by reference and is included in the order of precedence.

19. NOTICE

The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

20. EQUAL OPPORTUNITY COMPLIANCE

Contractor agrees to abide by all federal and state laws, and local Ordinances, pertaining to equal employment opportunity. In accordance with all such laws, rules, and regulations, Contractor agrees to assure 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 affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits 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 deficiencies.

21. INDEMNIFICATION

Contractor shall hold the BDDB and its employees harmless and shall indemnify the BDDB and its employees against any and all claims, suits, actions, liabilities and costs of any kind, including attorney fees for personal injury or damage to property arising from the acts or omissions of Contractor, its agents, officers, employees or subcontractors. Contractor shall not be liable for any injury or damage as a result of any negligent act or omission committed by the BDDB, its officers or employees.

22. NEW MEXICO TORT CLAIMS ACT

Any liability incurred by the BDDB in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-1, et. seq., as amended. The BDDB and its “public employees” as defined in the New Mexico Tort Claims Act, do not waive sovereign immunity, do not waive any defense and do not waive any limitation of liability pursuant to law. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act.

23. APPLICABLE LAW

The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, Section 38-3-2. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.

24. LIMITATION OF LIABILITY

Contractor's liability to the BDDB, for any cause whatsoever, shall be limited to the amounts paid to Contractor for the products and services that are the subject of the BDDB’s claim. The foregoing limitation does not apply to paragraph "Indemnification" of this Agreement or to damages resulting from personal injury caused by Contractor's negligence.

25. INCORPORATION BY REFERENCE AND PRECEDENCE

If this Agreement has been procured pursuant to a request for proposals, this Contract is derived from (1) the request for proposal, (including any written clarifications to the request for proposals and any BDDB response to questions); (2) Contractor’s best and final offer; and (3) Contractor’s response to the request for proposals.

In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1) amendments to the Contract in reverse chronological order; (2) the Agreement, including the Scope of Work and all terms and conditions thereof; (3) the request for proposals, including attachments thereto and written responses to questions and written clarifications; (4) Contractor’s best and final offer if such has been made and accepted by the BDDB; and (5) Contractor’s response to the request for proposals.

26. WORKERS' COMPENSATION

Contractor agrees to comply with state laws and rules applicable to workers’ compensation benefits for its employees. If Contractor fails to comply with the Workers’ Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the BDDB.

27. INSURANCE

Contractor shall maintain professional liability insurance throughout the term of this Agreement, providing a minimum coverage in the amount required under the New Mexico Tort Claims Act. Contractor shall furnish the BDDB with proof of insurance of Contractor's compliance with the provisions of this section as a condition prior to performing services under this Agreement.

Contractor shall maintain in force during the entire term of this Agreement, the following insurance coverage(s), naming the BDDB as additional insured.

A. Commercial General Liability insurance shall be written on an occurrence basis and be a broad as ISO Form CG 00 01 with limits not less than $2,000,000 per occurrence and $2,000,000 in the aggregate for claims against bodily injury, personal and advertising injury, and property damage. Said policy shall include broad form Contractual Liability coverage and be endorsed to name the BDDB, its officials, officers, employees, and agents as additional insureds.

B. Broader Coverage and Limits. The insurance requirements under this Agreement shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Named Insured. It is agreed that these insurance requirements shall not in any way act to reduce coverage that is broader or that includes higher limits than the minimums required herein. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor hereunder.

C. Contractor shall maintain the above insurance for the term of this Agreement and name the BDDB as an additional insured and provide for 30 days cancellation notice on any Certificate of Insurance form furnished by Contractor. Such certificate shall also specifically state the coverage provided under the policy is primary over any other valid and collectible insurance and provide a waiver of subrogation.

28. IMPRACTICALITY OF PERFORMANCE

A party shall be excused from performance under this Contract for any period that the party is prevented from performing as a result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination.

29. INVALID TERM OR CONDITION

If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.

30. ENFORCEMENT OF CONTRACT

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

31. PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION

A. Contractor shall defend, at its own expense, the BDDB against any claim that any product or service provided under this Agreement infringes any patent, copyright to trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorney fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against the BDDB based upon Contractor’s trade secret infringement relating to any product or services provided under this Agreement, Contractor agrees to reimburse the BDDB for all costs, attorneys’ fees and amount of the judgment. To qualify for such defense and or payment, the BDDB shall:

1. Give Contractor prompt written notice within 48 hours of any claim;

2. Allow Contractor to control the defense of settlement of the claim; and

3. Cooperate with Contractor in a reasonable way to facilitate the defense or settlement of the claim.

B. If any product or service becomes, or in Contractor’s opinion is likely to become the subject of a claim of infringement, Contractor shall at its option and expense:

1. Provide the BDDB the right to continue using the product or service and fully indemnify the BDDB against all claims that may arise out of the BDDB’s use of the product or service;

2. Replace or modify the product or service so that it becomes non-infringing; or,

3. Accept the return of the product or service and refund an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contractor. The Contractor’s obligation will be void as to any product or service modified by the BDDB to the extent such modification is the cause of the claim.

32. SURVIVAL

This Agreement's paragraphs titled “Patent, Copyright, Trademark, and Trade Secret Indemnification; Indemnification; and Limit of Liability” shall survive the expiration of this Agreement. Software licenses, leases, maintenance and any other unexpired agreements that were entered into under the terms and conditions of this Agreement shall survive this Agreement.

33. DISCLOSURE REGARDING RESPONSIBILITY

A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with the BDDB for tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body.

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. Contractor shall provide immediate written notice to the BDDB if, at any time during the term of this Agreement, Contractor learns that Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of Contractor’s responsibility and ability to perform under this Agreement. Failure of Contractor to furnish a disclosure or provide additional information as requested will be grounds for immediate termination of this Agreement pursuant to the conditions set forth in Paragraph "Termination" of this Agreement.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of this Agreement, Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document Contractor must provide immediate written notice to the BDDB. If it is later determined that Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the BDDB, the BDDB may terminate this Agreement for cause. Still further, the BDDB may suspend or debar Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the BDDB.

34. SUSPENSION, DELAY OR INTERRUPTION OF WORK

The BDDB may, without cause, order Contractor, in writing, to suspend, delay or interrupt the work in whole or in part for such period of time as the BDDB may determine. The contract sum and contract time shall be adjusted for increases in cost and/or time associated with Contractor’s compliance therewith. Upon receipt of such notice, Contractor shall leave the jobsite and any equipment in a safe condition prior to departing. Contractor must assert rights to additional compensation within thirty (30) days after suspension of work is lifted and return to work is authorized. Any compensation requested for which entitlement is granted and the Compensation adjusted, shall have profit included (for work completed) and for cost only (not profit) for Contractor costs incurred directly tied to the suspension itself and not otherwise covered by Contract remedy. Any change in Compensation must be reflected in an amendment executed pursuant to Section "Amendment" of this Agreement.

35. NOTIFICATION

Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:

To the BDDB:

Bradley Prada 341 Caja del Rio Santa Fe, NM 87506 bxprada@santafenm.gov To Contractor:

Email:______________________

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the signature by the required approval authorities below.

BUCKMAN DIRECT DIVERSION BOARD

BDDB Chair Date:

APPROVED AS TO FORM:

Nancy R. Long, BDDB Counsel

APPROVED FOR FINANCES

Andrea Phillips, Interim City Finance Director

CONTRACTOR

By:

Title:

Date:

CRS#

Registration #