FTMCDOWELLSIGNEDMUTUALPROTECTION.PDF

INTERGOVERNMENTAL
AGREEMENT FOR MUTUAL PROTECTION
AND ASSISTANCE
BETWEEN
THE FORT MCDOWELL YAVAPAI NATION
AND
MARICOPA COUNTY
TERM: December 1, 2012 through November 30, 2015
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AGREEMENT FOR MUTUAL PROTECTION
AND ASSISTANCE
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), between
the Fort McDowell Yavapai Nation, hereinafter referred to as the "Nation", and
Maricopa County, a political subdivision of the State of Arizona ("State"), will be
effectiveDecember 1,2012.
WHEREAS, it is to the mutual benefit of the parties hereto that they enter
into an agreement of mutual protection and assistance in the field of law
enforcement, and recognizing that this Agreement does not constitute a waiver of
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-Eighth Legislature and
codified in A.R.S. §§ 11-951et seq., and A.R.S. Section 13-3872,and the Nation, by
virtue of and pursuant to the authority contained under Article V, Section A (3),(4),
(15) and B (1) and (2) of the Constitution of the Fort McDowellYavapai 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.
NOW, THEREFORE, it is mutually agreed by the parties hereto:
1. That commencing on December 1, 2012, 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, and 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
conflictswith their present duties.
3. That upon a duly authorized request of a Nation's officer for assistance,
the Maricopa County officer or officers will assist the Nation's officer or
officers 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 confines and jurisdiction of the Fort McDowell Indian Reservation
("Reservation"). Maricopa County officers requested by a Nation's

officer to render assistance, or who enters on to the Fort McDowell
Indian Reservation while engaged in a "HOT PURSUIT" of a fleeing
suspect may detain, but shall not remove a Native American from the
Reservation. Detained Native American individuals will be turned over
to the responding officers of the Nation.
4. That upon a duly authorized request of a Maricopa County officer for
assistance, the Nation's officer or officers will assist the Maricopa County
officer or officers in enforcement of the law relating to all crimes of the
State as set out in Arizona Revised Statutes, 1956, as amended.
Responding Tribal police officers recognize that Maricopa County
officers will be the officers in charge when they respond to provide aid
and assistance outside the borders of the Fort McDowell Indian
Reservation.
5. Maricopa County officers and the Nation's officers will provide
assistance to the other party when there is a duly authorized request in
non-criminal incidents and accidents where a response does not conflict
with their present duties.
6. The Nation agrees to hire and pay the entire salary of the duly
commissioned officers of the Nation without compensation from
Maricopa County, and 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. Nothing contained in this Agreement shall be construed
or constructed as an employment contract of individual officers of the
Nation or Maricopa County.
7. 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 have the
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.
8. 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.
9. 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.
10. 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. Each party will pay 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 hislher officers to travel and testify, with subpoena, to the court
with jurisdiction over the occurrence.
11. 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 solelyliable 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.
12. The parties to 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.
13. The parties may impose other requirements including, but not limited to,
an orientation course on Bureau of Indian Affairs, Tribal or State
criminal procedures.
14. 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.
15. 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 of are to be mailed to Maricopa County Sheriff, and to

the General Manager, Fort McDowell Yavapai Nation for the Nation.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY THE FORT MCDOWELL
YAVAPAI NATION
BY:__ _.;L_~ __ ~,",,""· __ ~__ -__ By: ~ < L:2&lZZ-·· -
ANDREW KUNASEK , Chairman Clinton Pattea, Tribal President
Board of Supervisors
FEB 062013 Date: "/-;;2 s,--- (-;;,
Date:-----------------
ATTEST: ATTEST:
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~~ Selena Castaneda, Secretary
SH~FF'S OFFI~
By _
Joseph M. Arpaio, Sheriff
Date: 1._-_<_"_1..L..2 _
Depu Date I I

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