MUTUAL AID AGREEMENT - FT MCDOWELL YAVAPAI NATION.PDF

LAW ENFORCEMENT MUTUAL AID AGREEMENT
BETWEEN
THE FORT MCDOWELL YAVAPAI NATION
AND
MARICOPA COUNTY
C-50-27-
This LAW ENFORCEMENT MUTUAL AID AGREEMENT (“Agreement”), between the
Fort McDowell Yavapai Nation, hereinafter referenced as the “Nation”, and Maricopa
County, a political subdivision of the State of Arizona (“State”), will be effective October 1,
2026.
WHEREAS, it is to the mutual benefit of the parties hereto that they enter into an
agreement of mutual aid in the field of law enforcement, and recognizing that this
Agreement does not constitute a waiver of the State or the Nation’s sovereignty, and,
NOW, THEREFORE, Maricopa County, by virtue and pursuant to the Laws of 1968,
Chapter 94, Section Two, enacted by the Twenty-Eight Legislature and codified in A.R.S. §
11-951 et seq., and A.R.S. § 13-3872, and the Nation, by virtue of and pursuant to the
authority contained under Article V, Section (4), (15) and Section 13B (I) and (2) of the
Constitution of the Fort McDowell Yavapai Nation, do hereby enter into this Agreement to
more efficiently and economically facilitate and provide for the protection of the citizens of
the State and the Nation, and for the protection of the law enforcement officers subject to
this Agreement.
THEREFORE, it is mutually agreed by the parties hereto:
1. That commencing on October 1, 2026, for a period of three (3) years, Maricopa
County and the Nation agree to cooperate and assist each other when designated
law enforcement officers employed by either party request assistance, when said
call does not conflict with the requested officers’ duties.
2. Maricopa County, through its designated and employed officers, agrees to assist
and aid the designated and employed officers of the Nation when called upon.
Such assistance will be provided unless such call conflicts with their present duties.
The decision of whether providing requested assistance and aid would conflict with
the then present duties of Maricopa’s officers shall be made by Maricopa and its
officers in their sole discretion.
3. The Nation, through its duly designated and employed officers, agrees to assist and
aid the Maricopa County designated and employed officers. Such assistance will be
provided unless such call conflicts with their present duties. The decision of

whether providing requested assistance and aid would conflict with the then
present duties of the Nation’s police officers shall be made by the Nation and its
officers in their sole discretion.
4. Subject to the provisions of Paragraph 2 above, upon receipt of a duly authorized
request of a Nation’s officer for assistance, Maricopa County deputy(s) will assist
the Nation’s officer(s) in the enforcement of the Law-and-Order Code of the Fort
McDowell Yavapai Nation. Responding Maricopa County officers recognize that the
Nation’s officers will be the officers in charge when the Maricopa County officers
respond to provide aid and assistance within the geographical boundaries and
jurisdiction of the Fort McDowell Yavapai Nation. Maricopa County officers
requested by a Nation’s officer to render assistance, or who enters within the
boundaries of the Fort McDowell Yavapai Nation while engaged in a “HOT PURSUIT”
of a fleeing suspect may detain but shall not remove a Native American from Fort
McDowell Yavapai Nation lands. Detained Native American individuals will be
turned over to the responding officers of the Nation.
5. Subject to the provisions of Paragraph 3 above, upon receipt of a duly authorized
request for assistance, the Nation’s officer(s) will assist the Maricopa County
officers in enforcement of the law relating to crimes of the State as set out in Arizona
Revised Statutes. Responding Nation officers recognize that Maricopa County
officers will be the officers in charge when they respond to provide aid and
assistance outside the geographical boundaries of the Fort McDowell Yavapai
Nation.
6. Subject to the provisions above, upon receipt of a duly authorized request, Maricopa
County officers and the Nation’s officers will provide assistance to each other in
non-criminal incidents and accidents where a response does not conflict with their
present duties.
7. In the performance of the Agreement, (i) The Nation agrees to hire and pay the entire
salary of the duly commissioned officers of the Nation without compensation form
Maricopa County, and (ii) Maricopa County agrees to hire and pay the salaries of the
duly commissioned officers of Maricopa County without compensation from the
Nation, in the exercise of any of the provisions of this Agreement.
8. Nothing contained in this Agreement shall be construed or constructed as an
employment contract of individual officers of the Nation or Maricopa County, and
when an officer of either party acts upon the request and under the authority or on
behalf of the other party, it shall be under the direct control and supervision of the
party having jurisdiction of the offense, except as otherwise specifically provided
herein.

9. Nothing set out herein shall make any contractor or subcontractor an agent or
employee of either, a party of the contracting government entities.
10. Each party to this Agreement warrants compliance with the Immigration and
Nationality Act (INA using E-Verify) and all other federal immigration laws and
regulations related to the Immigration status of its employees and A.R.S. § 23-
214(A). Each party shall obtain statements from its subcontractors certifying
compliance and shall furnish the statements to the other party upon request. These
warranties shall remain in effect through the term of this Agreement. Each party and
its subcontractors shall also maintain Employment Eligibility Verification Forms (1-
9) as required by the Immigration Reform and Control Act of 1986, as amended from
time to time, for all employees performing work under this Agreement and verifying
employee compliance using the E-Verify system and shall keep a record of the
verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each party
retains the legal right to inspect contractor and subcontractor employee documents
performing work under this Agreement to verify compliance with this Agreement.
Each party and its subcontractors shall be given reasonable notice of the other
party’s intent to inspect and shall make the documents available at the time and
date specified. Should either party find that the other party or any of its
subcontractors are not on compliance, such non-compliance may be considered a
material breach of this Agreement and may pursue any and all remedies allowable
by law. NE-Verification of employees: The parties mutually warrant that they are in
compliance with A.R.S. § 41-4401, if applicable.
11. Each party shall be responsible and liable for damages caused by its employees
under this Agreement when said employees are acting within the scope of their
employment. Each party shall hold the other party harmless for liability caused by
its employees. Each party shall ha eth right of contribution against the other to the
extent of the liability caused by the other’s employees in activities creating joint
liability. Employees of the assisting party shall not be considered employees of the
requesting party.
12. In rendering mutual law enforcement assistance, each party shall be responsible for
the provision and maintenance of its own equipment, materials and supplies except
in cases of emergency wherein it appears to the officers involved that the sharing or
use of equipment is necessary or proper.
13. After occurrences in which mutual assistance was given, each party shall exchange
with the other party all reports arising out of such occurrence when requested by
the other party; provided that nothing in this section shall be interpreted to waive,
limit, or remove the duty of confidentiality imposed or allowed by law as to such
reports or the contents thereof.

14. Each party shall within its lawful methods of financing, establish and provide for
payment of the cost and expenses of performance of its obligations undertaken
pursuant to this Agreement and no taxable event shall arise from this Agreement.
15. Each party will pay for its own incurred overtime and expenses associated with
officers working an occurrence or for related court appearances. It is also agreed
that the chief law enforcement officer for each party shall direct and require his/her
officers to travel and testify, with subpoena, to the court with jurisdiction over the
occurrence.
16. For the purpose of worker’s compensation, an employee of a party to this
Agreement who works under the jurisdiction or control of, or who works within the
jurisdictional boundaries of another party pursuant to this Agreement for mutual aid
in law enforcement, shall be deemed to be an employee of the party who is his
primary employer and of the party under whose jurisdiction and control he/she is
then working as provided in A.R.S. § 23-1022(D), if applicable, and the primary
employer party of such an employee shall be solely liable for payment of worker’s
compensation benefits for the purpose of this section. Maricopa County shall
comply with provisions of A.R.S. § 23-1022(E) by posting public notice if required,
17. The parties of this Agreement note that the applicability of Federal and Tribal laws in
“Indian Country” may depend on whether the subject or the victim is Native
American, and that State law has been held to be inapplicable to Native Americans
in Indian Country; and the parties agree that nothing in this Agreement makes any
law applicable to a certain person or certain conduct where it would not otherwise
be applicable.
18. Subject to mutual agreement and availability of time and resources, the parties may
request other requirements, including, but not limited to, an orientation course of
Bureau of Indian Affairs, Tribal or State criminal procedures.
19. Nothing in this Agreement shall be construed as a waiver of any government’s
sovereign immunity, except with respect to fulfilling its obligations under this
Agreement, and it is not intended to otherwise impair, limit or affect the status of
any party or sovereignty.
20. This Agreement shall be governed by the laws of the State of Arizona. Venue for any
actions or lawsuits involving this Agreement will be in Maricopa County Superior
Court or in the United States District Court for the District of Arizona, sitting in
Phoenix, Arizona.

21. Notice is given that pursuant to A.R.S. § 38-511, that Maricopa County may cancel
the Agreement without penalty or further obligation within three years after
execution of the Agreement, if any person significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on behalf of the Party is at
any time while the Agreement or any extension of the Agreement is in effect, an
employee or agent of any other party to the Agreement in any capacity or a
consultant to any other party of the Agreement with respect to the subject matter of
the Agreement.
Additionally, pursuant to A.R.S. § 38-511 may recoup any fee or commission paid or
due to any person significantly involved in the initiating, negotiating, securing,
drafting or creating of the Agreement on behalf of the parties from any other party to
the Agreement arising as a result of the Agreement. The parties intend that the
Nation shall have the same rights as those provided by A.R.S. § 38-511 to the
County.
22. This Agreement may be cancelled or terminated by either party at any time upon
thirty (30) days written notice sent by registered or certified mail. Notices are to be
mailed to Maricopa County Sheriff, and to the General Manager, Fort McDowell
Yavapai Nation for the Nation.
If to Maricopa County Sheriff: If to Fort McDowell
Maricopa County Sheriff’s Office Fort McDowell Yavapai Nation
Attention: Undersheriff Attention: General Manager
550 W. Jackson Street 17661 E. Yavapai Road
Phoenix, AZ 8500 Fort McDowell, AZ 85264
(signatures on next page)

IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY FORT MCDOWELL YAVAPAI NATION
BY: _______________________ Date:_______ BY: _____________________ Date:______
Kate Brophy McGee Bernadine Burnette
Chair President
ATTEST:
______________________________________ ______________________________________
Clerk of the Board Verlene Baptisto, Secretary
SHERIFF’S OFFICE
BY:____________________________________
Jerry Sheridan, Sheriff
Approved as to legal form:
____________________________ Date:________
Deputy County Attorney