IGA BTWN MCSO_GILA RIVERPD SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT FOR
MUTUAL PROTECTION AND ASSISTANCE

BETWEEN

THE GILA RIVER INDIAN COMMUNITY

AND

MARICOPA COUNTY

Term: November 1, 2024 through October 31, 2027

THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), between the Gila
River Indian Community, a federally recognized Indian sovereign nation, hereinafter
referenced as the “Community,” and Maricopa County, a political subdivision of the State of
Arizona (“State”), will be effective November 1, 2024. The Community and Maricopa
County shall be collectively referred to as the “Parties.”

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 the State or the Community’s
sovereign immunity, 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. 13-3872, and the Community, by virtue and pursuant to the
authority contained under Article XV, Sec. | (a) (1) of the Constitution and Bylaws of the Gila
River Indian Community (approved March 17, 1960), do hereby enter into the Agreement to
more efficiently and economically facilitate and provide for the protection of the citizens of
the State and the Community, 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 November 1, 2024, for a period of three (3) years, Maricopa
County Sherriff’s Office and the Community Police Department 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.

Maricopa County, through its designated and employed officers, agrees to assist and
aid the designated and employed officers of the Community 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 County’s officers shall be made by Maricopa County
and its officers in their sole discretion.

The Community, through its duly designated and employed officers, agrees to assist and
aid the Maricopa County designated and employed officers 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 the Community’s officers shall be made by the Community and
its officers in their sole discretion.

Subject to the provision of Paragraph 2 above, upon receipt of a duly authorized
request of a Community’s officer for assistance, Maricopa County officer(s) will assist
the Community’s officer(s) in the enforcement of the Law and Order Code of the Gila
River Indian Community. Responding Maricopa County officers recognize that the
Community’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 Gila River Indian Community. Maricopa County officers requested
by a Community’s officer to render assistance, or who enters within the boundaries of
the Gila River Indian Community while engaged in a “HOT PURSUIT” of a fleeing
suspect, may detain but shall not remove a Native American from Gila River Indian
Community lands. Detained Native American individuals will be turned over to the
responding officers of the Community.

Subject to the provisions of Paragraph 3 above, upon receipt of a duly authorized
request for assistance, the Community’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 Community 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 Gila River Indian Community.

Subject to the provisions above, upon receipt of a duly authorized request, Maricopa
County officers and the Community’s officers will provide assistance to each other in non-
criminal incidents and accidents where a response does not conflict with their present duties
and resources.

In the performance of the Agreement, (i) the Community agrees to hire and pay the entire
salary of the duly commissioned officers of the Community 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 Community,
in exercise of any and all of the provisions of this Agreement.

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Nothing contained in this Agreement shall be construed or constructed as an employment
contract of or for individual officers of the Community 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.

Nothing set out herein shall make any contractor or subcontractor an agent or employee of
either, a party of the contracting governmental entities.

Each party to this Agreement warrants compliance with the Immigration and Nationality
Act (INA) and all other federal immigration laws and regulations related to the immigration
status of its employees. 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 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 subcontractor are not in compliance, such non-compliance may be considered a
material breach of this Agreement and may pursue any and all remedies allowable by law.
The parties mutually warrant that they are in compliance with A.R.S. 41-4401, if
applicable.

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.

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 the case
of emergency wherein it appears to the officers involved that the sharing or use of
equipment is necessary or proper.

After occurrences in which mutual assistance was provided, 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 contents thereof. Reports

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generated pursuant to mutual aid between the agencies remain the records of the respective
agency.

Each party shall within its lawful methods establish and provide for payment of the costs
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/deputies 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/deputies to travel and testify, under subpoena, to the court with jurisdiction over
the occurrence.

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/her primary employer and of the
party under whose jurisdiction and control he/she is them 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.

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.

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.

Nothing in this Agreement shall be construed as a waiver of any government’s sovereign
immunity, and it is not intended to otherwise impair, limit or affect the status of any Party
or sovereignty. Further, nothing contained in this Agreement shall create, any partnership,
joint venture, or similar arrangement by the Parties.

This Agreement terms shall be governed by the laws of the State of Arizona.

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 persons significantly involved in the 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

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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 Community shall have the same rights as those
provided by A.R.S. 38-511 to Maricopa County.

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.

Provisions Required by Law. Each and every provision of law and any clause required
by law to be in this Agreement will be read and enforced as though it were included herein
and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be
physically amended to make such insertion or correction.

Signatures. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute the same instrument.
E-signed, faxed, copied and scanned signatures are acceptable as original signatures.

All notices or demands upon any Party to this Agreement shall be in writing and shall be
delivered in person or sent by certified mail to Maricopa County Sheriff's Office, and to
the Governor, Gila River Indian Community.

If to Maricopa County Sheriff's Office:

Maricopa County Sheriff’s Office
Attn: Russ Skinner, Sheriff

550 W. Jefferson St.

Phoenix, AZ 85003

With a copy that shall not constitute notice to:
Maricopa County Attorney

Attn: Rachael Mitchell

225 W. Madison St.

Phoenix, AZ 85003

If to Gila River Indian Community:

Gila River Indian Community
Attn: StephenR. Lewis, Governor
Post Office Box 97

Sacaton, Arizona 85147

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With a copy that shall not constitute notice to:

Gila River Indian Community

Office of General Counsel

Attn: Javier Ramos, General Counsel
Post Office Box 97

Sacaton, Arizona 85147

Gila River Police Department
Attn: Chief Jesse Crabtree
Post Office Box 2186
Sacaton, Arizona 85147

This Agreement embodies the entire understanding between the Parties with respect to the
subject matter and supersedes all prior or contemporaneous agreements and understanding,
inducements, and conditions, express or implied, oral or written, except as herein
contained. This Agreement may not be modified or amended other than by an Agreement
in writing, signed by both Parties.

The provisions of this Agreement shall be deemed severable and the invalidity or
unenforceability of any provision shall not affect the validity or enforceability of the other
provisions hereof.

[Signatures on next page]

IN WITNESS WHEREOPF, the parties enter into this Agreement:

MARICOPA COUNTY GILA RIVER
INDIAN C ITY

” Ueuart

Chairman, Maricopa County T, Gila River

Board of Supervisors Indian Community
Date: Date: | | ~~ oe >I
ATTEST:
Clerk of the Board
SHERIFF’S OFFICE GILA RIV. E DEPARTMENT

By: By:
Russ Skinner, Sheriff jef of Police

Approved as to Legal Form: Approved as to Legal Form:
Yew Xt
Deputy County Attorney Javier Ramos, General Counsel

Date: Date: 11/15/24