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JOINT POWERS AGREEMENT

This Joint Powers Agreement is entered into by and between [party1] ("Party 1") and [party2] ("Party 2") (hereinafter collectively referred to as "Parties").

  1. Recitals
    1. Parties can enter into joint powers agreement pursuant to the Joint Powers Agreement Act, NMSA (1978) ยง 11-1-1 et seq.
    2. Party 1 is authorized to [party1commonpower] pursuant to [party1statute].
    3. Party 2 is authorized to [party2commonpower] pursuant to [party2statute].
  2. Purpose
    1. [purpose]
  3. Terms of Agreement
    1. The effective date of this agreement shall be from the date of signature by the Parties and the Secretary of the Department of Finance and Administration and shall remain in effect until terminated or amended pursuant to this agreement. Parties shall review terms and conditions at the end of the year and amend by agreement of both Parties as necessary.
  4. Responsibilities of the Parties
    1. Party 1 shall:
      1. [party1duties]
    2. Party 2 shall:
      1. [party2duties]
  5. Budget Activities
    1. Party 1 shall:
      1. Payments: [party1payments]
      2. Repayments and Returns: [party1returns]
    2. Party 2 shall:
      1. Payments: [party2payments]
      2. Repayments and Returns: [party2returns]
  6. Administrative Agency

    Parties retain all other authority and responsibility not mentioned in this agreement.

  7. Property

    Upon termination of this agreement, property acquired by the parties to fulfill the terms of this agreement shall remain in the possession of, and shall remain the property of the party acquiring the property.

  8. Return of Funds

    Upon termination of after completion of the purpose of the agreement, surplus funds, if any, shall be returned in proportion to the contributions made.

  9. Termination

    Either party may terminate this agreement with written notice provided to the Parties at least ninety (90) days in advance of the date of termination. Notice of Termination shall not alter the performance obligations of either party.

  10. Funds Accountability

    Parties shall: (i) maintain strict accountability of all receipts and disbursements, as required by applicable federal and state laws and regulations; (ii) follow generally accepted accounting principles; and (iii) account quarterly for all receipts and disbursements of funds transferred between the parties, pursuant to this agreement

  11. Liability

    Neither party shall be responsible for liability incurred as a result of the other party's acts or omissions in connection with this Agreement. Each party shall be solely responsible for fiscal or other sanctions, penalties, or fines occasioned as a result of its own violation or alleged violation of requirements applicable to performance of this Agreement. Each Party shall be liable for its acts or failure to act in accordance with this Agreement, subject to the immunities and limitations of the New Mexico Tort Claims Act.

  12. Amendment and Amendment Approval
    1. Any and all amendments shall be made in writing and shall be agreed to and executed by the Parties and the DFA Cabinet Secretary.

  13. Confidentiality

  14. Entire Agreement
    1. This agreement incorporates the entire understanding between the Parties and all prior negotiations and discussions whether verbal or written have been merged herein or waived. No other representations shall be binding upon the Parties unless or until incorporated by amendment.

  15. Signatures
    Party 1:
    By:_________________________________ __________________
    Date
    Party 2:
    By:_________________________________ __________________
    Date
    New Mexico Department of Finance and Administration:
    By:_________________________________ __________________
    Wayne Propst, Cabinet Secretary Date