IGA MUTUAL PROTECTION FORT MCDOWELL2015.PDF

INTERGOVERNMENTAL
AGREEMENT FOR MUTUAL PROTECTION
AND ASSISTANCE
BETWEEN
THE FORT MCDOWELL YAVAPAI NATION
AND
MARICOPA COUNTY
TERM: December 1, 2015 through November 30, 2018

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 effective
December 1, 2015.
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. §§ 11-951 et 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 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 as follows:
1. That commencing on December 1, 2015, for a period of three (3) years,
unless sooner terminated pursuant to this agreement, Maricopa County and the
Nation agree to cooperate and assist each other when designated law
enforcement officers employed by either party request assistance, if the
request 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
officer(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 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.
Maricopa county officers shall turn over a detained Native American
individual(s) to the responding officers of the Nation.
5. Subject to the provisions of paragraph 2 above, upon a duly authorized
request of a Maricopa County officer for assistance, the Nation’s officer(s)
will assist the Maricopa County officer(s) in enforcement of the law relating
to all 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 Nation officers respond to provide aid and assistance outside the
borders of the Fort McDowell Indian Reservation.
6. Subject to paragraph 2 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 accident if the request for assistance
does not conflict with their respective 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 from 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 party of the contracting governmental 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 (I-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 verify 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 in compliance, such non-compliance may be considered
a material breach of this Agreement contract and may pursue any and all
remedies allowed by law. NE-verification of Employees: The parties
mutually warrant that they are in compliance with A.R.S. § 41-4401, if
applicable, and further acknowledge
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 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.
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. 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 his/her officers to travel and testify, with subpoena, to the court
with jurisdiction over the occurrence.
15. 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.
16. 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.
17. Subject to mutual agreement and availability of time and resources, the parties
may request other requirements including, but not limited to, an orientation
course on Bureau of Indian Affairs, Tribal or State criminal procedures.
18. 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.
19. This Agreement shall be governed by the laws of the state of Arizona. Venue
for any actions or lawsuits involving this Contract will be in Maricopa County
Superior Court or in the United States District Court for the District of
Arizona, sitting in Phoenix, Arizona
20. Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel
any 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 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 the Parties may recoup any fee or
commission paid or due to any person significantly involved in the
initiating, negotiating, securing, drafting or creating the Agreement on
behalf of the Parties from any other party to the Agreement
arising as the result of the Agreement.
21. 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:_________________________ By:_________________________
Steve Chucri, Chairman Clinton Pattea, Tribal President
Board of Supervisors
Date:_______________________ Date:________________________
ATTEST: ATTEST:
____________________________ _____________________________
Clerk of the Board Selena Castaneda, Secretary
SHERIFF’S OFFICE
By__________________________
Joseph M. Arpaio, Sheriff
Date:________________________
Approved as to Legal Form:
_____________________________
Deputy County Attorney Date