AGREEMENT BElWEEN STEWART COUNTY
AND
CORRECTIONS CORPORATION OF AMERICA

This Agreement is hereby entered into between Corrections Corponltion of
America (CCA) and Stewart County, Georgia (the County) as of the d1ffJ day of

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,\u.Of 2006.
WHEREAS, the County entered into an Intergovernmental Services Agr~ent (IGSA) with
the Bureau of Immigration alld Customs Enforcement (ICE) dated '.J LL VI f , 2006,
Agreement # ])RorCr54-Db.(>l>°(o house federal inmates, a copy of which is attached hereto
as Exhibit A;
WHEREAS, ICE and other federal entities need inmate housing in excess of the County's
available space;
WHEREAS, CCA owns Stewart Detention Center (Facility) in Georgia and desires to house
federal inmates at the Facility;
WHEREAS, the County desires to utilize CCA's Facility to supplement services rendered to
ICE and other federal entities pursuant to the IGSA.
NOW THEREFORE, the parties agree as follows:
Upon reaching population capacity in rts own facility and upon direction of a federal
entity pursuant to the IGSA, the County will house any federal inmates received pursuant to
the IGSA in CCA's Facility unless CCA does not accept said inmates in accordance with
paragraph 3 below. The County shall have the option, at its sole discretion subject to
Paragraph 3, to house such federal inmates at CCA's Facility prior to reaching capacity in
its own facility.
1.

2.
For federal inmates housed in CCA's Facility pursuant to this Agreement, CCA shall
provide all required services in compliance with the tenns of the IGSA.
3.
CCA shall not be obligated to accept federal inmates at the Facility if space is not
available or ~ the tenns of the IGSA are not commercially reasonable as detennined by
CCA which detennination shall be made at CCA's sole discretion. The County will not
amend, tenninate or otherwise change the tenns of the IGSA wrthout CCA's prior written
approval. The County will use its best efforts and wor!< in good faith to maintain the IGSA
with tenns and conditions agreeable to both the County and CCA.

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4.
Only prisoners housed by CCA pursuant to the IGSA to which the County is a party
shall be considered inmates for the purposes of this Agreement.
5.
The County will pay CCA all funds received pursuant to the IGSA less an
administrative fee of $.850 per inmate per day. CCA agrees to submrt the necessary
documentation for payment to the County as set forth in the IGSA. The County will pay
amounts due to CCA within ten (10) working days after receipt of funds. To the extent
allowed under the IGSA, CCA will be the deSignated Payee and funds due pursuant to the
IGSA will be paid directly to CCA. In that instance, CCA will deduct the administrative fee
and forward that amount to the County within ten (10) working days of receipt of funds.
6.
During any month in which the average daily population for that month is between 1
and 35, CCA will pay the County an additional sum of $1,700.00 to cover the County's
administrative costs.
7.
Upon execution of this Agreement, CCA shall pay the County a one-time sum of
$10,000.00 in consideration for inrtial costs associated wrth the negotiation and execution of
the IGSA.
8.
(a) CCA shall indemnify, defend and save hanmless the County, its agents,
employees, and representatives from and against any and all suits, actions, daims,
demands, damages or losses arising from the acts or omissions of eGA, its agents,
employees, representatives or subcontractors. GGA shall, at its own cost and expense,
defend any such daim and any suit, action or proceeding which may be commenced
thereunder, and shall pay any and all judgments which may be recovered in any such suit,
action or proceeding, and any and all expense, induding, but not limited to, costs, attorneys'
fees and settlement expenses which may be incurred therein. The County may elect, at its
own expense, to retain separate counsel, in addition to that provided by CCA. CCA's
indemnification obligations hereunder shall not be construed to extend to any daim arising
prior to CCA's operation of the Facility or any daim challenging the validity of a conviction or
sentence. In no event shall this provision be construed to extend CCA's indemnification
obligation to any suit, action, claim, demand, damage or loss arising from the acts or
omissions of the County, its agents, employees, representatives or subcontractors, other
than CCA.
(b) Such indemnity set forth above shall indude provision of indemnity for any daim
or lawsuit originating from or arising out of any negligent act or omission regarding CCA's
perfonmance of duties under the IGSA between Stewart County, Georgia and ICE as such
duties are set forth in the following sections of the IGSA: Perfonmance (according to
standards specified in the IGSA), Transportation Services, Guard Services, Medical
Services (only as such section is applicable to CCA and specifically exduding the acts or
omissions of US PHS) and Receipt and Discharge of Federal Detainees.

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9.
CCA shall name the County as an additional insured on its general liability policy.
CCA shall provide the County with a copy of the declaration page of the policy within thirty
days of commencement of this Agreement.
10.
The term of this Agreement shall be for a period commencing on July 1, 2006 and
expiring on December 31 , 2011. The parties may renew the Agreement for additional fouryear periodS upon mutual written agreement.
11 .
Either party may terminate this Agreement ~ a breach of this Agreement by the other
party remains uncured for more than sixty (60) days after written notice.
12.
The failure of performance of any of the terms and conditions of this Agreement
resulting from acts of God, war, civil insurrection or riot shall not be a breach.
13.
The provisions of this Agreement are for the sole benefit of the parties hereto and
shall not be construed as conferring any rights on any other person or entity.
14.
This Agreement shall not be anered, changed or amended except in writing
executed by both parties.
15.

This Agreement incorporates all the agreements, covenants and understandings

between the parties. No prior contract or understandings, verbal or otherwise, of the parties
or their agents shall be valid or enforceable unless embodied in this Agreement
16.
All notices sent pursuant to this Agreement shall be sent certified mail, return receipt
requested to:
County: Chairman of Stewart County Commission
Cieri< of Stewart County Commission
Stewart County Courthouse
Lumpkin, Georgia 31815
CCA: G. A. Puryear IV, General Counsel
Corrections Corporation of America
10 Burton Hills Boulevard
Nashville, TN 37215
17.

No waiver of any breach of any 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 and signed by the party alleged to have granted the waiver.

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STEWART COUNTY, GEORGIA

CORRECTION1WlRllORATION OF AMERICA (CCA)

By: _ _ _ _ _ _ _ _ _ __
ITS:

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