TOHONO OODHAM NATION AND MARICOPA COUNTY.PDF

MUTUAL PROTECTION AND LAW ENFORCEMENT AGREEMENT
BETWEEN THE TOHONO O'ODHAM NATION AND MARICOPA COUNTY
This Agreement, effective as of the date set out in Section 1 below, is executed and entered
into by and between the TOHONO O'ODHAM NATION, hereinafter referred to as the "NATION" and
MARICOPA COUNTY, a political subdivision of the State of Arizona, hereinafter referred to as
"MARICOPA."
WITNESSETH:
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;
WHEREAS, MARICOPA and the NATION, by action of the Maricopa County Board of Supervisors
on July 22, 2015 (C-50-16-001-M-00), and by Resolution of the Tohono O'odham
Legislative Council, true and correct copies of which are attached hereto, have approved this joint
exercise of powers;
WHEREAS, the parties intend that the “San Lucy District” referred to herein shall be as defined
in Title 27, Chapter 2 of the NATION’s Code, adopted pursuant to the San Lucy District Boundary
Ordinance enacted by Resolution No. 14-559 effective December 30, 2014; and
WHEREAS, the parties previously entered into similar agreements which were in effect from
April 1, 1998 until June 2001, and from August 19, 2002 until August 18, 2007.
NOW, THEREFORE, MARICOPA, by virtue of and pursuant to the provisions of A.R.S. Sections
11-951 et seq., and A.R.S Sections 13-3872 et seq., and the NATION, by virtue of and pursuant to the
authority contained under the Tohono O'odham Constitution, Article VI, Section 1(f) and Title 7,
Chapter 1, Section 1.3 of the NATION's Code, do hereby enter into this Agreement in order to more
efficiently and economically facilitate their capabilities to provide for the maximum amount of
protection for public health, safety and welfare of their citizens:
1. Commencing on the effective date of July 1, 2015, and for a period of five (5) years thereafter,
unless sooner terminated as set out in Section 9 below, MARICOPA and the NATION agree to cooperate
and assist each other to their mutual benefit in the field of law enforcement as provided herein.
2. The NATION, through its duly designated and employed tribal police officer(s), agrees to assist
and aid the officer(s) of MARICOPA within one (1) mile of the boundaries of San Lucy District, when
called upon so to do by a duly commissioned and regularly employed officer of MARICOPA, provided
that the call does not conflict with their then present duties within the NATION. 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.
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3. MARICOPA, through its duly designated and employed law enforcement officer(s), agrees to
assist and aid the NATION within the boundaries of San Lucy District when called upon so to do by a
duly commissioned and regularly employed officer of the NATION, provided that the call does not
conflict with their then present duties. Officers of MARICOPA may respond to 9-1-1 calls received
directly from San Lucy District residents provided that the call does not conflict with their then present
duties. The decision of whether providing requested assistance and aid or responding to 9-1-1 calls
would conflict with the then present duties of MARICOPA’s police officers shall be made by MARICOPA
and its officers in their sole discretion.
4. Subject to the provisions of Section 3 above, upon the duly authorized request of a law
enforcement officer of the NATION to a law enforcement officer of MARICOPA for aid, the officer of
MARICOPA shall assist in law enforcement for the NATION in relation to all crimes set forth in the
NATION's Criminal Code.
5. Subject to the provisions of Section 2 above, upon the duly authorized request of a law
enforcement officer of MARICOPA to a law enforcement officer of the NATION for aid, the officer of the
NATION shall assist in law enforcement for MARICOPA in relation to all offenses defined as crimes by
the State of Arizona.
6. In the performance of this Agreement, (i) the NATION agrees to hire and pay all salary and
benefits of the tribal police officer(s) without compensation from MARICOPA, and (ii) MARICOPA
agrees to hire and pay all salary and benefits of the duly commissioned officer(s) of MARICOPA without
compensation from the NATION.
7. Officers of MARICOPA who have been cross-deputized as tribal [or federal] police officers are
authorized to arrest and book a suspect in San Lucy District under the Nation's laws. The suspect may
be held in any facility available to MARICOPA. Officers who are not cross-deputized are authorized to
arrest a suspect but not to book the suspect. MARICOPA shall notify the NATION immediately of such
an arrest and the NATION shall as soon as possible send an officer to take custody of the suspect. In no
event shall MARICOPA be required to hold a suspect under this Agreement more than twenty-four (24)
hours. If the NATION does not pick up such suspect within twenty-four (24) hours, MARICOPA may
release the suspect.
8. Nothing contained herein shall be construed as an employment contract of individual officers
of either MARICOPA or the NATION by the other, 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.
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9. This Agreement may be canceled or terminated by either party at any time upon thirty (30)
days prior written notice by certified mail.
Notices to MARICOPA shall be addressed to: Notices to the NATION shall be addressed to:
Maricopa County Sheriff's Office Tohono O'odham Nation Police Department
Attn: Chief Deputy Jerry Sheridan Attn: Chief of Police
550 West Jackson Street Police Rd. and State Route 86
Phoenix, Arizona 85003 P.O. BOX 189
Sells, Arizona 85634
All amendments to this Agreement shall be in writing and approved/signed by both parties.
10. Nothing in this Agreement shall be construed to cede any jurisdiction of either party or to
waive any immunities from suit or any other immunity possessed by a party.
11. 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. Nothing set out herein shall make any
subcontractor an agent or employee of either party.
12. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party
(as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent
performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
13. Notice is given that pursuant to A.R.S. § 38-511 MARICOPA may cancel this Agreement without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
MARICOPA is at any time while this Agreement or any extension of this Agreement is in effect, an
employee or agent of NATION in any capacity or consultant to NATION with respect to the subject
matter of this Agreement. Additionally, pursuant to A.R.S § 38-511 MARICOPA may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting
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or creating this e contract on behalf of the County from any other party to the contract arising as the
result of the Contract.
14. 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
WITNESS our hands this day and year.
TOHONO O'ODHAM NATION MARICOPA COUNTY, a political subdivision of the
State of Arizona
BY: _________________________________ BY: ______________________________________
Edward Manuel Steve Chucri
Chairman Chairman
Tohono O’odham Nation Board of Supervisors
Date: , 2015 Date: , 2015
ATTEST:
By:
Clerk of the Board
The undersigned attorneys for each governmental entity acknowledge that (i) they have reviewed the
above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each
attorney has determined that this Agreement is in proper form and that execution hereof is within the
powers and authority granted under the laws of each party.
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ____________________________ By: ____________________________
Jonathan L. Jantzen Deputy County Attorney
Attorney General Maricopa County
Tohono O'odham Nation
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