INTERGOVERNMENTAL AGREEMENT 

BETWEEN 

HUALAPAI TRIBE 

AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY 

This intergovernmental Agreement hereinafter referred to as “Agreement,” entered into on the 29th 

day of July, 2008, between the Hualapai Tribe, hereafter referred to as the “TRIBE,” and the 

Arizona Department of Public Safety, a political subdivision of the State of Arizona, hereafter 

referred to as “DPS.” 

WITNESSETH 

WHEREAS, it is the desire of the TRIBE and DPS to continue to improve the nature and 

coordination of mutual aid and assistance to incidents that threaten the loss of life or property 

within the geographic boundaries of their respective jurisdiction; 

WHEREAS, it is further the determination of each of the parties hereto that the decision to enter 

into this Agreement constitutes a fundamental governmental policy of the parties hereto which is 

discretionary in nature, and includes the determination of the proper use of resources available to 

each of the parties hereto with respect to the providing of governmental services and the utilization 

of existing resources of each of the parties hereto, including the use of equipment and personnel; 

WHEREAS, it is 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 

WHEREAS, it is the desire of the TRIBE and DPS to enter into this Agreement for mutual aid and 

assistance. 

NOW, THEREFORE, by the virtue and pursuant to Laws of 1968 Chapter 94, § Two, entered by 

the Twenty-eighth Legislated and Codified as A.R.S. § 13-3872 and the TRIBE, by virtue of and 

pursuant to the authority contained under the Constitution of the TRIBE, approved by the Secretary 

of the Interior on March 13, 1991, 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 

the public health, safety, and welfare of all citizens; 

NOW, THEREFORE, by virtue and pursuant to the laws of 1968 Chapter 94, § Two, enacted by 

the Twenty-eight Legislated and Codified as A.R.S. § 11-951, et seq., A.R.S. § 13.3872 and the 

TRIBE, by virtue of and pursuant to the authority contained under the Constitution of the TRIBE, 

approved by the Secretary of the Interior on March 13, 1991, 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 the public health, safety, and welfare of all citizens; 

NOW, THEREFORE, the parties hereby mutually agree to the following: 
 

 

1. That commencing upon all signatures to this Agreement for a period of five years, DPS and 

the TRIBE agree to cooperate and assist each other to their mutual benefit in the field of law 

enforcement. 

2. The TRIBE and DPS may request reasonable mutual aid and assistance from the other agency 

when reasonably necessary for the efficient and effective enforcement of applicable tribal, state 

or federal laws within respective jurisdictions. Requests may be made officer-to-officer, in 

person, telephone or other communication. Responses to such requests shall be subject to the 

approval of existing supervisory controls of the agencies. 

3. Upon receiving a request for assistance from the other agency, the law enforcement officer-in 

charge of the responding agency shall be authorized to furnish authorized personnel and 

equipment as may be determined appropriate and available. 

4. In the event that a law enforcement officer, who is authorized to respond to requests for 

assistance, observes any emergency or incident occurring during routine patrol, the law 

enforcement officer may respond to the emergency or incident. Responding officer may 

respond by providing initial assessment, stabilization, scene security, and where violation of 

tribal, state or federal laws, as applicable, has occurred or is suspected, detain witnesses and/or 

suspects. In such circumstances it will be implied that the other jurisdiction is in need of 

assistance and that the law enforcement officer is authorized through his/her issued 

commission to provide immediate aid or services without further request for assistance. 

5. The TRIBE agrees to have all its law enforcement officers certified through the State of 

Arizona Peace Officer Standards and Training. 

6. The TRIBE agrees to issue Hualapai law enforcement commissions to duly authorized DPS 

deputies who are assigned to work on or near the Hualapai Indian Reservation. 

7. The TRIBE agrees to deputation of DPS officers so the DPS may be authorized to enforce 

applicable Tribal laws, and Federal laws on the Hualapai Indian Reservation. 

8. Mutual aid and assistance includes, but is not limited to officer back up, traffic accident 

investigations, DUI/DWI enforcement, drug enforcement investigations, air support, radio 

communication and training. 

9. The TRIBE and DPS agree nothing in this Agreement alters or conveys any judicial 

jurisdiction, including the authority to issue warrants for arrest or search and seizure, or to 

issue service of process. Similarly, nothing in this Agreement is intended to impair, limit, or 

affect the status of the TRIBE or the DPS or the sovereignty of tribal or state government. 

10. It is understood and agreed that each government which is a party to this Agreement, its agents, 

employees and insurers do not, by virtue of this Agreement, assume any responsibility or 

liability for the actions of officers commissioned pursuant to this Agreement which are 

performed outside the scope of their duties. 
 

 

 

11. The TRIBE and DPS agree that they shall be responsible for any and all liability for their 

respective employee’s actions arising from this Agreement and each agency shall bear all legal 

fee and litigation costs. 

12. Nothing in this Agreement shall be read as waiving or limiting any defenses to claims of 

liability otherwise available to law enforcement officers, such as the defense of qualified 

immunity. 

13. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by the Federal 

government, the TRIBE’S government, the State of Arizona or entities thereof, or as consent 

to be sued, or as submission to the jurisdiction of any court. 

14. It is understood and agreed by the TRIBE and DPS that their respective law enforcement 

officers, agents and employees, have no authority nor any right whatsoever to control in any 

manner the day-to-day discharge of the duties of the other agency’s law enforcement officers. 

15. All law enforcement officers will remain under the control of the parent agency. 

16. No fees or costs shall be charged by either party of any work performed under this Agreement. 

17. Law enforcement officers responding to a request for assistance pursuant to this Agreement 

are not employees of the requesting agency. Respective agencies shall remain liable for their 

employee’s salaries, workers compensation and civil liabilities. Each officer shall be deemed 

to be performing regular duties and for their own law enforcement agency while performing 

duties pursuant to the Agreement. 

18. The provisions of this Agreement may be amended only upon a mutual written agreement of 

both parties. 

19. This Agreement may be cancelled or terminated by either party at any time upon prior written 

notice of at least 30 calendar days by certified mail. Notices to Arizona Department of Public 

Safety shall be addressed to: Arizona Department of Public Safety, Directors Office, P.O. Box 

6638, Phoenix, AZ 85005-6638. Notice to the TRIBE shall be addressed to: Chief of Police, 

P.O. Box 490, Peach Springs, Arizona 86434. 
 

 

 

 

 

 

____________________________ ____________________________ 

_____________________________ ______________________________ 

______________________________ 

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first written 

above. 

HUALAPAI TRIBE 

Wilfred Whatoname, Chairman 

STATE OF ARIZONA 

Janet Napolitano, Governor 

ARIZONA DEPARTMENT OF 

PUBLIC SAFETY 

Roger Vanderpool, Director Terry Goddard, Attorney General 

APPROVED as to form this 29th day 

of July, 2008 

Assistant Attorney General 

Approved as to Form