FT. MCD-2021-128 SIGNED RESOLUTION AND AGREEMENT.PDF

Fort McDowell Yavapai Nation

P.O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (480) 837-1630

—_ ao —
President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas

Council Member Gerald Doka Council Member Ruben Balderas Council Secretary Verlene Enos

RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR
MUTUAL PROTECTION AND ASSISTANCE BETWEEN THE FORT MCDOWELL
YAVAPAI NATION AND MARICOPA COUNTY

Resolution No. Ft. McD. 2021 — IZ

WHEREAS, the Fort McDowell Yavapai Nation (“Nation”) is a federally recognized Indian tribe
and a sovereign nation governed by its Constitution and laws; and,

WHEREAS, the Fort McDowell Yavapai Nation Tribal Council (“Tribal Council”) is the
governing body of the Nation; and,

WHEREAS, in August of 2005, as established in Resolution No. 2005-121, the Nation initially
executed a Mutual Protection and Assistance in Law Enforcement Agreement with
Maricopa County valid through June of 2008, which was later extended to 2011;
and,

WHEREAS, the Tribal Council approved subsequent similar Intergovernmental Agreements for
Mutual Protection and Assistance between The Fort McDowell Yavapai Nation and
Maricopa County valid December of 2012 through November of 2015, December
of 2015 through November of 2018, and December of 2018 through November of
2021; and,

WHEREAS, the Nation’s Police Department and the Maricopa County Sheriff's Office now
mutually wish to re-execute the Intergovernmental Agreement for Mutual
Protection and Assistance Between the Fort McDowell Yavapai Nation and
Maricopa County, attached as “Exhibit A” and incorporated herein, to be effective
from December 1, 2021 through November 30, 2024 for continued mutual law
enforcement protection and assistance, and,

WHEREAS, the Tribal Council recognizes the importance of protecting the health, safety, and
welfare of the Nation and thereby finds it in the Nation’s best interest to execute

the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the President, or her designee, is authorized to
negotiate and sign any and all documents needed to fully implement the Intergovernmental
Agreement for Mutual Protection and Assistance between the Fort McDowell Yavapai Nation and

Maricopa County.

Resolution No. Ft. McD. 2021- Was Cont. IGA Mutual Protection and
Assistance Maricopa County

CERTIFICATION

Pursuant to the authority contained in Article V, Section 13(A)(1), (5), (6), (13), (15), (21), and
13(B)(1) and (2) of the Constitution of the Fort McDowell Yavapai Nation ratified by the Tribe on
October 19, 1999 and approved by the Secretary of the Interior on November 12, 1999, the foregoing
Resolution No. Ft. McD. 2021- zg was adopted this _] G day of N OY, ember , 2021 ata
Special Tribal Council Meeting held via Zoom/ teleconference at which a quorum of § members
were present, absent, byavote of <3 forand OQ opposed and_|__ abstained.

Vote of the Tribal Council:

Per the Nation’s Constitution, Article V, the President only votes in a tie vote or under Article IX.

Bernadine Burnette, President __ Absent __for __opposed __abstained
Paul J. Russell, Vice President __ Absent for __ opposed __ abstained
Pansy Thomas, Treasurer __ Absent for opposed _ abstained
Gerald Doka, Council Member __ Absent __for __ opposed —_X abstained
Ruben Balderas, Council Member __ Absent for __opposed _abstained

Aart

Bernadine Burnette
President, Tribal Council

tested to:
ML a Novem ber _16,20%

Verlene Enos, § Secretary Date

EXHIBIT A

INTERGOVERNMENTAL AGREEMENT FOR MUTUAL PROTECTION AND ASSISTANCE BETWEEN
THE FORT MCDOWELL YAVAPAI NATION AND MARICOPA COUNTY.

INTERGOVERNMENTAL
AGREEMENT FOR MUTUAL PROTECTION
AND ASSISTANCE

BETWEEN

THE FORT MCDOWELL YAVAPAI NATION

MARICOPA COUNTY

TERM: December 1, 2021 through November 30, 2024

AGREEMENT FOR MUTUAL PROTECTION
AND ASSISTANCE

THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), between the Fort
McDowell Yavapai Nation, hereinafter referenced to as the "Nation", and Maricopa County,
a political subdivision of the State of Arizona ("State"), will be effective December 1, 2021.

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 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 (4), (15) and Section 13B(l) 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.

NOW, THEREFORE, it is mutually agreed by the parties hereto:

1. That commencing on December 1, 2021, 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 provision 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 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
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 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 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 pally 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 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. SS 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 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. 1-9 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 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.

ll. 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 perf0 mance of its obligations undertaken
pursuant to this Agreement and no taxable event shall arise from this Agreement.

15.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.

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 patties 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,

18. Subject to mutual agreement and availability of time and resources, the patties
may request other requirements, including, but not limited to, an orientation course
on Bureau of Indian Affairs, Tribal or State criminal procedures.

19. Nothing in this Agreement shall be construed as a waiver of any governments
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

21.

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.

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, SS 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 the result of the Agreement. The patties intend that the Nation shall
have the same rights as those provided by A.R.S. Section 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 of 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 General Manager
Attention: Chief Deputy 17661 E. Yavapai Road
550 W. Jackson Street Fort McDowell, AZ 85264

Phoenix, AZ 85003

[Signatures on next page]

IGA Mutual Protection and Assistance

IN WITNESS WHEREOPF, the parties enter into this Agreement:

MARICOPA COUNTY THE FORT MCDOWELL
YAVAPAI NATION

By: By;
NM, Chairman ernadine Burnette,
Board of Supervisors President
Date: Date: WL s/o 21
ATTEST: ST:

Clerk of the Board iy AN frdey

SHERIFF’S OFFICE
By:

Paul Penzone, Sheriff

Approved as to Legal Form:

Deputy County Attorney Date

QGC Staff Only:
FMYN OFFICE OF GENERAL COUNSEL oma
LEGAL ACTION FORM* Time: Bi 20.4.M-

Date Submitted:!!__/° 2! Submitted by: Thomas Gonzales Dept.: Police Department ext. #751!

To BE FILLED OUT BY SUBMITTING DEPARTMENT:

Mutual Aid Agreement with Maricopa County Sheriff's Office (Renewal)

Project Title or Description:

Legal Action Requested (mark all that apply and provide a// supporting or prior versions of docs in electronic

form — Word documents are preferred): A

Code Revision
Other: Intergovernmental Agreement (IGA)

Contract Review

Policy Revision

v¥| Resolution (must attach Council Action Item)
DEPARTMENT: PLEASE SEND A FINAL SIGNED COPY OF ALL REVIEWED DOCS BACK TO OGC
Deputy Sheriff, Chief of Enforcement Maricopa County Sheriff's Office

Vendor / Outside Company Contact Name:
Vendor / Outside Company Contact Email:
Department's Instructions and/or relevant information for OGC:

Review the IGA for presentation to Council for approval. The IGA would be a renewal of the current IGA that has been in place since 2018.
The current IGA will expire on 11/30/2021. I don't see any revisions from the current IGA and there have been no issues during the current

IGA cycle.

TO BE FILLED OUT BY OGC: ro. Action Incomplete:

Return Hard Copy to Submitting Department. Return to Department for
more information. See OGC

Electronic Copy to Tismes Geraler Consents token.
Attorney Assigned to: DATE Received DATE Sonictetad
Dawe Chg [kyl | lege
Folder/Project Name: DeAUl- lox Re saletry fe MAval ives A, ree ment Maa lad 2 b--ty Faep
OGC Comments: IGA is apes so & Ra

¢ ne s/o f ws taded a-

Tribe! Canal Coase’ aA.

ari » at ne General Counsel

Nf
— j well Yavapai Nation

Name af

pae_/ 1-6 - U a

*This is an internal form only. Please do not distribute to third parties without OGC authorization.

Fort McDowell Yavapai Nation Tribal Council
ACTION ITEM roy 0 8.2021

Sb
Log In No.: 2021-0010 Council Meeting Date NDV.IG 201

Unit/Division Recommending Action:

Attachments (list)

Tribal Council Resolution and Exhibit A - IGA — Agreement for Mutual Protection and
Assistance with Maricopa County Sheriff's Office (Renewal)

Discussions/Recommendation:

Board Approved/Supported? __ Yes _ X_ No

(If needed, documentation from Board should be attached)

Action Requires Department Input? _X Yes ___—No
Resolution attached (if required): _X_ Yes ___~No
*Contract/Grant Review completed (if required): __ Yes __X No
Action Requires Budget Approval or Modification: __ Yes _ X_ No
Legal Review - Contract __X Yes _____ No

Legal Review - Resolution __X Yes ____—iNo

Each Action Item will be processed accordingly:

e All Action Items will be submitted to the GM’s office. Do not send copies to Secretary's office.

e ALL Action Items must be signed with signature of Director and/or Acting (if acting attach delegation).

e All Action Items are due two (2) weeks in advance of proposed meeting (by close of business) otherwise Action
Item will automatically be applied to the next scheduled council meeting.

e All Action Items must be complete. No Action Items will be accepted with missing documentation, including

resolutions.
e Once Action Item \
originator. Bai ye

qT

Action Items - Authorized Signers Date
Director: |

\\ *Grants: = SS Se A lee
lL LEZ ON ulvlet

9) Controller: Af iy /s VE /

oie — (im) we CP

a oe “YEE 20P (

K, Legal Review ALY ac, L

Author of Action Item:_Thomas Gonzales Title: Sergeant/Acting COP

NOTE: The above information must be completed with supporting documentation and submitted to the General
Manager’s office prior to being scheduled on the Council Agenda. (Amended August 2012)