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AGREEMENT BETWEEN THE SECRETARY
OF THE DEPARTMENT OF THE INTERIOR
AND THE NAVAJO NATION
A. Authority and Purpose
This agreement, denoted a Self-Determination Contract (referred to in this agreement as the "Contract"),is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (referred to in this agreement as the "Secretary"), for and on behalf of the United States pursuant to Title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450, et seq.) and by the authority of the Navajo Nation (referred to in this agreement as the "Contractor"). The provisions of Title
I of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450, et seq.) are incorporated in this agreement.
2.
Purpose
Each provision of Education Assistance Act
the
Indian Self-Determination and seq.) and each
(25 U.S.C. 450, et
provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related functions, services, activities and programs (or portions thereof), that are otherwise contractible under Section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: Law Enforcement Patrol.
B. Terms,. Provisions and Conditions 1.
Term
Pursuant
to
Section
105 (c) (I) of
the
Indian
Self-
Determination and Education Assistance Ac't (25 U.S.C. 450j (c)(1) , )
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the term of this contract shall be 3 (three) years.
Pursuant to
Sectlon 105(d) (1)of such Act (25 U.S.C. 450j (d), u p o ~ che election by the Contractor, the period of this Contract shall be determined on the basls of a calendar year, unless the Secretarjr and the Contractor agree on a different period in the annual funding agreement incorporated by reference in subsection ( F ) ( 2 ) .
2.
Effective Date
This Contract shall become effective upon the date of the approval and execution by the Contractor and the Secretary, unless the Contractor and the Secretary agree on an effective date other than the date specified in this paragraph.
3.
Program Standards
The
Contractor
agrees
to
administer
the
program,
services, functions and activities (or portions thereof) listed in subsection ( A ) ( 2 ) of the Contract in conformity with the following standards: Navajo Nation laws, federal laws (including the Indian
Civil Rights Act), Navajo Nation General Orders, 25 C. F.R. Part 12,
68 BIAM, and applicable U.S.
Attorney Guidelines.
The Secretary
shall provide copies of all Bureau of ~ n d i a n Affairs manuals, federal laws and recrulations, as well as any updates, used as standards within this Contract. The procedures contained within In the
this Contract supersede any conflictinu Bureau procedures.
event the Bureau updates its ~rocedures, the Contractor will have
120
days
to
review option,
these request
updated a
procedures before
and, these
at
the
Contractor's
waiver
updated
procedures become applicable to this Contract.
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4.
Funding Amount
Subject
to
the
availabiiity
of
appropriations, the
Secretary shall make available to the Contractor the total amount specified in the annual funding agreement incorporated by reference in subsection (F)(2). Such amount shall not be less thar, the
applicable amount determined pursuant to Section 106(a) of the Indian Self-Determination and Education Assistance Act (25.U.S.C. 45Oj-1).
5.
Limitation of Costs
The
Contractor
shall
not
be
obligated
to
continue
performance that requires an expenditure of funds in excess of the amount of funds awarded under this Contract. If, at any time, the
Contractor has reason to believe that the total amount required for performance of this Contract or a specific activity conducted under this Contract would be greater than the amount of funds awarded under this Contract, the Contractor shall provide reasonable notice to the appropriate Secretary. I the appropriate Secretary does f
not take such action as may be necessary to increase the amount of funds awarded under this Contract, the Contractor may suspend performance of the Contract until such time as additional funds are awarded.
6. Payment
A.
In general - Payments to the Contractor under this
Contract shall:
(i) be made as expeditiously as practicable; and
(ii) include funding financial during arrangements covered to by cover joint
periods
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resolutions
adopted
by
Congress to the
makin9
extent
conti~uing appropriations,
permitted by such resolutions.
B.
Quarterly, semi-annual, lump-sum, anc! other methods
of payment: (i) In general - Pursuant to Section 108(b) of the Indian Self-Determination and Education
Assistance Act, and notwithstanding any other provision of law, for each fiscal year covered by this Contract, the Secretary shall make to the Contractor the funds
available
specified for the fiscal year under the annual funding agreement incorporated by reference pursuant to subsection (F)(2) by paying to the Contractor, on a quarterly basls, one-quarter of the total amount provided for in che annual fundlng agreement for that fiscal year, In a lump-sum payment or as semi-annual payments, or any other method of .payment authorized by law, in accordance with such method as may be requested by the Contractor and specified in the annual funding agreement; and
(ii) Method of quarterly payment
-
If quarterly
payments are specified in the annual funding agreement incorporated by reference pursuant to subsection (F) 1 , each quarterly payment (2 made pursuant to clause (i) shall be made on the first day of each quarter of the fiscal
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year, except that in any case in which the Con~ract year coincides with the Federal
fiscal year, payment for the first quarter shall be made not later than the date that is 10 calendar days after the date on whlch che Office of Management and Budget apportions the appropriations for the fiscal year for the programs, services, functions and activities subject to this Contract; and (iii) Applicability - Chapter 39 of Title 31, United States Code, shall apply to the payment of funds due under this Contract and the annual funding agreement referred to in clause (i).
7.
Records and Monitoring
A.
In general - Except for previously provided copies
of tribal records that the Secretary demonstrates are clearly required to be maintained as part of the recordkeeping system of the Department of the Interior or the Department of Health and Human Services (or both), records of the Contractor shall not be considered Federal records for purposes of Chapter 5 of Title 5, United States Code.
B.
Recordkeeping System - The Contractor shall maintain reasonable advance request,
a
recordkeeping system and, upon
provide reasonable access to such records to the Secretary. C. shall be conducted Responsibilities of Contractor the The Contractor
responsible for managing under this Contract this Contract
5
day-to-day operations activities the
and to
for monitoring ensure
conducted under
compliance with
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contract and applicable Federal requirements. With respect to the monitoring activities of the Secretary, the routine monitoring visits shall be limited to not more than one performance monitoring visic for this Contract by the head of each operating division, departmental bureau, or departmental agency, or duly authorized representative of such head unless: (i) the Contractor agrees to one or more
additional visits; or (ii) the appropriate official determines that there is reasonable cause to believe that grounds for reassumption of the Contract, suspension of Contract payments, or other serious
Contract performance deficiency may exist. No additional visit referred to in clause (ii) shall be made until such time as reasonable advance notice that includes a description of the nature of the problem that requires the additional visit has beer? given to the Contractor.
8.
Property
A.
In general - As provided in Section 105(f) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
4 5 0 j ( f ) ) , at the request of the Contractor, the Secretary may make
available, or transfer to the Contractor, all reasonably divisible real property, facilities, equipment, and personal property that the Secretary has used to provide or administer the programs, services, functions, and activities covered by this Contract.
A
mutually agreed upon list specifying the property, facilities, and equipment so furnished shall also be prepared by the Secretary,
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with the concurrence of the Contractor, and periodically revised by Contractor. the Secretary, with the concurrence of ~ h e
B.
Records - The Contractor shall maintain a record of
all property referred to in subparagraph (A) or other property acquired by the Contractor under Section 105(£)(2)(A) of such Act for purposes of replacement. C. Joint Use Agreements - Upon the request of the
Contractor, the Secretary and the Contractor shall enter into a separate joint use agreement to address the shared use by the parties of real or personal property divisible. that is not reasonably
D.
Acquisition of Property - The Contractor is granted
the authority to acquire such excess property as the Contractor may determine to be appropriate in the judgment of the Contractor to support the programs, services, functions, and activities operated pursuant to thls Contract.
C
Confiscated or Excess Property - The Secretary shall
assist the Contractor in obtaining such confiscated or excess property as may become available to tribes, tribal organizations, or local governments.
F.
Screener
Identification
Card
-
A
screener
identification card (General Services Administration form numbered 2946) shall be issued to the Contractor not later than the
effective date of this Contract.
The designated official shall,
upon request, assist the Contractor in securing the use of the card.
G.
Capital Equipment - The Contractor shall determine
the capital equipment, leases, rentals, property, or services the
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Contractor requires to perform the obligations of the Contractor under this subsection, and shall acquire and maintain records of such capital equipment, property rentais, leases, property, or services through applicable procurement procedures of the
Contractor.
9.
A v a i l a b i l i t y of Funds
Notwithstanding any other provision of law, any funds provided under this contract.
A.
B.
shall remain available until expended; and with respect to such funds, no further: (i) approval by the Secretary, or (ii) justifying documentation from the Contractor, shall be required prior to the expenditure of such funds.
10.
Transportation
Beginning on the effective date of this ContracE, the Secretary shall authorize the Contractor to obtain interagency motor pool vehicles and related services for performance of any activities carried out under this Contract.
11.
Federal programguidelines, manuals, o r p o l i c y d i r e c t i v e s
Except as specifically provided in the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 450, et seq.) the Contractor is not required to abide by program guidelines, manuals, or policy directives of the Secretary, unless otherwise agreed to by the Contractor and the secretary, or otherwise
required by law.
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12.
Disputes
A.
Third-Party Mediation Defined - For the purposes of
this Contract, the term "third-party mediation" means a form of mediation whereby the Secretary and the Contractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Contractor, to serve as third-party mediator to mediate disputes under this Contract.
B.
Alternative Procedures - In addition to, or as an
alternative to, remedies and procedures prescribed by Section 110 of the Indian-Self-Determination and Education AssisCance Act (25 U.S.C. 450m-I), the parties to this Contract may jointly: (i) submit disputes under this Contract to third.
party mediation; and
(ii) submit the dispute to the adjudicatory body of the Contractor, including the tribal court of the Contractor; and (iii) submit provided the dispute to mediation processes for under the laws, policies, or
procedures of the Co,ntractor;or (iv) use the administrative dispute resolution
process authorized in subchapter IV of Chapter 5, Title 5, United States Code.
C.
Effect of Decisions - The Secretary shall be bound pursuant to the procedures set forth in
by
decisions made
subparagraph ( B ) ,except that the Secretary shall not be bound by any decision that significantly conflicts with the interests of
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Indians or the United States.
13.
Administrative Procedures of Contractor
Pursuant to the Indian Civil Rights Act of 1968 ( 3 5
U.S.C. 1301, et seq.) , the laws policies, and procedures of the
Contractor shall provide for administrative due process (or the equivalent of administrative due process) with respect to programs, services, functions, and activities that are provided by Contractor pursuant to this Contract.
14.
the
Successor Annual Funding Agreement
A.
In general - Negotiations for a successor annual
funding agreement, provided for in subsection (F)( 2 1 , shall begin not later than 120 days prior to the conclusion of the preceding annual funding agreement. Except as provided in Section 105(c) (2) of the Indian Self-Determination and Education Assistance Act (25
U.S .C. 450 (c)(2)) , the funding for each successor annual funding
agreement shall only be reduced pursuant to Section 106 (b) of such Act (25 U.S.C. 450j-l(b)).
B.
Information - The Secretary shall prepare and supply
relevant information, and promptly comply with any request by the Contractor for information that the Contractor reasonably needs to determine the amount of funds that may be available for a successor annual funding agreement, as provided for in subsection ( F ) ( 2 ) of this Contract.
15.
Contract Requirements, Approval by Secretary
A.
In general - Except as provided in subparagraph ( B ) ,
for the term of the contract Section 2103 of the Revised Statutes (25 U.S.C. 81) and Section 16 of the Act of June 18, 1934 (48 Stat.
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937, Chapter 576; 25 U.S.C. 476) shall not apply to any contract entered into in connection with this Contract.
B.
Requirements - Each Contract entered into by the
Contractor with a third party in connection with performing the obligations of the Contractor under this Contract shall (i) be in writing; (ii) identify the interested parties, the
authorities of such parties, and purpose of the Contract; (iii) state the work to be performed under the
Contract; and
(iv) state the process for making any claim, the
payments to be made, and the terms of the Contract, which shall be fixed.
C.
Obligation of the Contractor
1.
Contract Performance
Except as provided in subsection ( D ) ( 2 ) , the Contractor shall perform the programs, services, functions, and activities as provided in the annual funding agreement under subsection ( F ) (2) of this Contract.
2.
Amount of Funds
The total amount of funds to be paid under this Contract pursuant to Section 106 (a) shall be determined in an annual funding agreement entered into between the Secretary and the Contractor, which shall be incorporated into this Contract.
3.
Contracted Programs
Subject to the availability of appropriated funds, the
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Contractor shall administer the programs, services, functions, and activities identified in this Contract and funded through the annual funding agreements under subsection ( F ) ( 2 ) .
4.
Trust Services for Individual Indians
A.
In general - To the extent that the annual funding
agreement provides funding for the delivery of trust services to individual Indians that have been provided by the Secretary, the Contractor shall maintain at least the same level of service as the Secretary provided for such individual Indians, subject to the availability of appropriated funds for such services.
B.
Trust Services to Individual Indians -
For the
purposes of this paragraph only, the term "trust services for individual Indians" means only those services that pertain to land or financial management connected to individually held allotments.
'
5.
Fair and Uniform Services
The Contractor shall provide services under this Contract in a fair and uniform manner and shall provide access to an administrative or judicial body empowered to adjudicate or
otherwise resolve complaints, claims, and grievances brought by program beneficiaries against the Contractor arising out of the performance of the Contract.
D .
Obligation of the United States
1.
Trust Responsibility
A.
In general - The United States reaffirms the trust
responsibility of the United 'states to the Navajo Nation to protect and conserve the trust resources of the Navajo Nation and the trust resources of individual Indians.
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B.
Construction of Contract - Nothing in chis Contracc
may be construed to terminate, waive, modify, or reduce the trust responsibility of the United States to the tribe(s) or individual Indians. The Secretary shall act in good faith in upholding such
trust responsibility.
2.
Good F a i t h
To the extent that health programs are included in this Contract, and within available funds, the Secretary shall act in good faith in cooperating with the Contractor to achieve the goals set forth in the Indian Health Care Improvement Act 1601, et seq.) .
3.
(25 U.S.C.
Programs Retained
As specified in the annual funding agreement, the United States hereby retains the programs, services, functions, and activities with respect to the tribe(s) that are not specifically assumed by the Contractor in the annual funding agreement under
subsection (F)( 2 ) .
-----
----
I .
\
.
Not later than the effective date of this Contract, the United States shall provide to the Contractor, and the Contractor shall provide to the United States, a written designation of a
. , '
L
senior official to serve as a representative for notices, proposed
..., -. .,
other purposes for this Contract.
o r Amendment
A.
/ In g e n % - - ~ w - - - 6 s u b ~ a r a ~ r a ~ h
(B)
,
no modification to this Contract shall take effect unless such
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modification is made in the form of a written amendment to the Contract, and the Contractor and the Secretary provide written consent for the modification.
B.
Exception - The addition of supplemental funds for
programs, functions, and activities (or portions thereof) already included in the annual funding agreement under subsection (F)( 2 ) , and the reduction of funds pursuant to Section 106(b) ( 2 ) , shall not be subject to subparagraph (A).
3.
Officials Not to Benefit
No Member of Congress, or resident commissioner, shall be admitted to any share or part of any contract executed pursuant to this Contract, or to any benefit that may arise from such contract. This paragraph may not be construed to apply to any contract with a third party entered into under this Contract if such contract is made with a corporation for the general benefit of the corporation.
4.
Covenant Against Contingent Fees
The parties warrant that no person or selling agency has been employed or retained to solicit or secure any executed pursuant for to a this Contract upon an contract or or fide the
agreement brokerage, or bona
understanding contingent
commission,
percentage, employees
fee, excepting bona
fide
established commercial or
selling agencies maintained by
Contractor for the purpose of securing business.
F
.
Attachments
1.
Approval of Contract
Unless
previously
furnished
to
the
Secretary,
the
resolution of the Intergovernmental Relations Committee of the
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Navajo Nation Council authorizing the contracting of the programs, services, functions, and activities identified in this Contract is attached to this Contract as attachment 1.
2.
Annual Funding Agreement
A.
In general - The annual funding agreement under this
Contract shall only contain: (i) terms that identify the programs, services, functions, and activities to be performed or administered, the general budget category
assigned, the funds to be provided, and the time and method of payment; and (ii) such other provision, including a brief description of the programs, to be by services, performed financial
functions, and (including
activities
those
supported
resources other than those provided by the Secretary), to which the parties agreed. B. Incorporation by Reference The annual funding
agreement is hereby incorporated in its entirety in this Contract and attached to this Contract as attachment 2.
n
Kelsey A. Begay,
I
V
Y
&,
2
/-
f &,=cL_/
President, THE NAVAJO NATION
secretary, Departmenp-'of the Interior, or designee
UNITED STATES OF AMERICA
LlL# -J=,-d~ddd /: JAH. 7 7 2002
A
7
&4&zd~,&?
,/,
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ANNUAL FUNDING AGREEMENT BETWEEN THE NAVAJO NATION AND THE UNITED STATES OF AMERICA SECRETARY OF THE DEPARTMENT OF THE INTERIOR
This Annual Funding Agreement
("AFA") is entered into
between the Navajo Nation and the United States Department of the ~nterior ("DOI"),pursuant to the agreement between the Navajo Nation and DO1 for Law Enforcanent Patrol, pursuant to Title I of the Indian self-~et'ermination and Education Assistance Act, as amended, (hereinafter referred to as the "Contract"). 1.
STATEMENT OF WORK
The
Navajo
Nation
shall
administer the programs identified in the Statement of Work, attached hereto and incorporated by reference herein as Attachment
A , during the term of this AFA in accordance with the provisions of
the Contract and this AFA and
2.
any attachments hereto. Subject to the availability of
PROGRAM FUNDING
funding, DO1 shall provide the direct program funding amount of $14,421.563.28, for the term of this AFA, exclusive of any Central
Office or Area shares, direct contract support, startup costs and indirect costs, in one lump sum payment to the Navajo Nation in
B accordance with ~rticle , Section 6 of the Contract. Full payment
shall be made by wire transfer within 10 days of execution of this AFA . ~ccounting and budget data are attached hereto and
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incorporated by reference herein as Attachment B . A. this AFA, the In addition to the mount in Paragraph 2 of Navajo Nation is contributing an estimated from other
$5,206,657.00
and receives an estimate $1,996,192.00
funding sources for the operations of this contracted program in furtherance of the Statement of work. 3.
TRIBAL SHARFS
In addition to the amount referred to
in Paragraph 2 of this AFA, DO1 shall pay a sum to be negotiated representing Central Off ice and Area slhares associated with this AFA. It does not reflect Central Office or Area Shares which the
Navajo Nation has requested or included in other 2002 P.L. 93-638 contracts. A. In addition to the amount in Paragraph 2 the
Navajo Nation has identified additional contract support needs to be negotiated. This amount and any other additional contract
support amount needed are subject to negotiation between the Navajo Nation and DOI. support cost The Navajo Nation shall be entitled to contract to the full extent specified in Section
funds
106(a)(2) of P.L. 93-638, as amended, and related provisions. The Navajo Nation's request for contract support costs for new and expanded programs is subject to the availability of appropriations for that purpose.
B.
It is understood by the parties that additional
contract support funds may not be initially available to the Navajo Nation. However, upon becoming available by Congressional
appropriation for this purpose or through the identification of
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appropriate budget savings from Contract Support Cost line items, the Navajo Nation shall participate in the distribution of thoss shortfall funds. If, during the term of this AFA, it is not
possible to pay all contract support amounts, DO1 shall make a good faith effort, subject to applicable law, to identify funds or to obtain an appropriation to address this shortfall. In any event,
if there is a contract support shortfall, DO1 will report all shortfalls to Congress, and simultaneously provide the Navajo Nation with such report.
4.
INDIRECT COSTS
In addition to the amount identified shall receive
in Paragraph 2 of this AFA, the Navajo Nation
indirect costs applicable to the period covered by this AFA as determined pursuant to the applicable Indirect Cost Agreement, negotiated between the Navajo Nation and its cognizant agent. In
the event that sufficient funds are unavailable to fully pay will pay any shortfall indirect costs associated with this AFA, DOI. in indirect costs when, and to the extent that, such contract support costs shortfall funds are appropriated by Congress. In no event does the Navajo Nation waive its right to recover 100% of the indirect costs associated with this AFA.
5.
CONGRESSIONAL APPROPRIATION
A.
All
funding under this AFA
is subject to
Congressional appropriation. Funding under this AFA may be reduced only according to the provisions of Section 106 (b) of P.L . 93-638, as amended.
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B.
In the event that funding of
this SFA is
reduced because of Congressional action, the Navajo Nation retains the option to renegotiate the Statement of Work xith DO1 con~ained in Attachment A of this AFA, consistent with Section 106 of P . L . 93-638, as amended. C. To the extent that any shortfalls exist in
funding, contract support or otherwise, claimed by to the Navajo Nation, DO1 shall report such shortfalls to Congress, consistent with Section 106 of P . L . 93-638, as amended. D. Nothing in this AFA shall be deemed to be a
waiver of the Navajo Nation's right to obtain 100% of its funding, contract support or otherwise as determined under Section 106.
6.
OFFICE SPACE
The Navajo Nation has identified a
need for office space.
Whenever feasible, DO1 shall make such
office space available to the Navajo Nation, together with such maintenance services as may be necessary for that office space. When not available and tribal buildings are used, DO1 will enter into a lease pursuant to Section 105(f)(1) of the Act and Subpart
H of the Regulations.
7. ACCOUNTING SYSTEM
The Navajo Nation shall maintain
a fiscal accounting system which will provide accurate, current and complete information with respect to this AFA, consistent with federal statutory and regulatory requirements. 8.
PERSONNEL Unless otherwise stated elsewhere in this
AFA or through an approved and executed Intergovernmental Personnel Agreement, all personnel employed by the Nation to carry out the
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Contract, AFA, Statements of Work and any other attachments hereto shall meet the qualifications set forth by Personnel Management.
t n e Navajo N a t i o ~
Department of employed by applicable
Further, all
personnel
KO
the Navajo Nation under this AFA wiii adhere Navajo Nation personnel policies and
procedures,
including sick leave, holidays, pay schedules and pay tables.
9.
PRE-AWARD COSTS
Pre-award costs with respect to the
performance of the Contract and this AFA may be paid with funding under this AFA to the extent (a) that such costs are otherwise reasonable, allowable and allocable to performance of the attached Statement of Work, and (b) that the Nation informed DO1 of costs consistent with Section 106(a) (6) P.L. 93-638, if this AFA covers the initial year of a contract. 10.
P.L.
NAVAJO PREFERENCE
Consistent with Section 7(c) of
93-638, as amended, the Navajo Business Preference Law (5 201, e t seq.) and the Navajo Preference in
N.N.C. Section
Employment Act (15 N.N.C. Section 501, et seq.) shall apply to the administration of the Contract and this AFA.
11.
NOTICES
The following individuals are designated by
the respective parties to receive notices and other information with respect to this AFA: A.
For the Navajo Nation:
Contracting Officer Navajo Nation Office of Contracts and Grants P.O. Box 646 Window Rock, Arizona, 86515
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B.
For DOI:
Awarding Official BIA-Navajo Regional Office P.O. Box 1060 Gallup, New Mexico 87305 12. APPLICABLE LAW and this AFA, the Navajo In the performance of the Contract agrees to comply with all
Nation
applicable federal and Navajo Nation regulations and executive orders. The parties shall renegotiate and modify the language of
this AFA to conform with any applicable federal and Navajo Nation laws which are passed after the effective date of this agreement. It is the responsibility of DO1 to inform the Navajo Nation of all federal laws, regulations and executive orders it believes apply to this AFA within 30 days of execution. 13. Nation shall
REPORTS
During the course of this AFA, the Navajo annual program report and an annual
submit an
financial report within 120 days of the close of this AFA. 14.
FEDERaL TORT CLAIMS ACT For purposes of Federal Tort
Claims Act coverage, the Navajo Nation and its employees are deemed to be employees of the Federal government while performing work under this contract. This status is not changed by the source of
the funds used by the Navajo Nation to pay the employee's salary and benefits unless the employee receives additional compensation for performing covered services from anyone other than the Navajo Nation.
15.
SEVERABILITY
The
provisions
of
this
AFA
are
severable.
If any provision of this AFA is determined to be
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invalid or unenforceable by a court of competent jurisdiction, such F. invalidity shall not zffect the remainder of the k ?
15.
SOVEREIGN IMMUNITY
Nothin9 in this A_FA shall be
construed as waiving the sovereign immunity of the Navajo Nation. The parties agree chat nothing in this AFA shall waive any rights of the parties under applicable federal law. 17.
EFFECTIVE DATES
This AFA shall be effective as of
January 01, 2002 and remain in effect through ~ e c e m b e r31, 2002, or
until a successor AFA is negotiated and becomes effective.
CFKelsey A. Begaye, Iphesident
THE NAVAJO NATION
1 a -a PDate
~~1
d. 7J
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UNITED STATES OF AMERICA
BOYE 2619
Case 1:07-cv-00195-MMS
Document 35-3
Filed 03/05/2008
Page 23 of 30
LAW ENFORCDTENT PATROL P.L.93-638
CONTRACT
STATEMENT OF WORK
101. The Contractor shall perform the following Bureau program: LAW ENF'ORCEXENT SERVICES. Subject to the terms of the contract, the Annual Funding Agreement (AFA), and availability of funds, the -
Contractor shall perform police law enforcement activities as noted in the Indian Law Enforcement Reform Act, 25 U.S.C. 9 2801, et - seq.. within Navajo Indian Country, as defined in 18 U.S.C. 1151, excluding the Moencopi Administrative Unit, ( "Service Area"). In addition, the Contractor will provide one law enforcement officer each to the communities of Cmoncito and Alamo (New Mexico) and New Lands in Apache County (Arizona) These . services shall include: Maintaining law, enforcement and crime prevention services as deemed necessary by the Contractor within the service area. Enforcing applicable Navajo Nation, federal and state laws and ordinances. Protecting private, public and government property within the service area. Providing community plans, prevention programs (i.e. , Drug (DARE), Gang Resistance Awareness Resistance Education Education and Training (GREAT), and the Neighborhood Watch Program). Creating and implementing specialized programs, task forces and teams for particular situations, including internal affairs investigations. Responding to citizen's complaints or other request for law enforcement services within the service area. Providing patrol services on and off roadways and in Indian communities within the service area. Providing other services, such as serving criminal warrants, summons and subpoenas. Civil s m o n s and other Navajo Nation Court orders may be served, provided the Contractor is properly reinibursed for all travel related expenses and provided these services do not significantly interfere with the Contractor's ability to carry out its daily responsibilities and duties to the general public. Writing clear, concise and comprehensive preparing cases for and testifying in court. case reports,
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BOYE 2620
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J.
Familiarizing law enforcement personnel with all applicable provisions of the Navajo Nation Codes, federal and staEe laws, this statement of work, and other necessary references. Conducting search and rescue operations for missing persons, runaway children, drowning victims, and for other victims of natural or manmade emergencies. Completing investigations of all unattended deaths that do .not involve foul play.
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This contract does not include fire and rescue service, highway safety, environmental and resource enforcement provided by other Navajo Nation and federal proqrams.
102. Personnel. The Contractor shall perform the contracted law enforcement program in accordance with the qualifications, training, code of conduct, inspection and evaluation, and other standards applicable to Bureau law enforcement personnel, or the equivalent. In addition to Navajo Nation personnel employment standards, the Contractor shall require the following for each law enforcement position:
A.
mnployee candidates must present evidence of ability to discharge the duties of the position. Codssioned law enforcement officer candidates, in addition to other qualifications, shall demonstrate the traits and characteristics important to succeed in police work. Among these are: alertness, ability to work in stress situations, ability in oral expression, tact, integrity, capacity for effective public relations, practical intelligence and good judgment. Candidates must be honest and trustworthy; have integrity, sound judgment, temperate habits; and have a satisfactory work record. Any applicant who does not have these qualities shall not be appointed to a connnissioned law en£orcement position. Prior to employment of any corrunissioned law enforcement officer, a full field background investigation shall be completed by the Contractor. Such investigation shall include, but not be limited to Navajo Nation, other tribal, local, state, and federal criminal history checks. Background checks/clearances, dhrough fingerprint charts (FD258) must be conducted through the Assistant Director, Identification Division, Federal Bureau of Investigation, Checks/Clearance through the Washington, D.C. 20537. National Crime Information Center (NCIC), state criminal history centers and local police and tribal court records All background check/clearances shall also be conducted. shall be recorded, documented and kept on file for each commissioned officer at the Contractor's Public Safety headquarters. Careful review and documentation shall be made on each officers' family data, education, employment, medical and military history, previous residences, organizations, and
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affiliations, personal references, credit record and. police record, including drivers license history and status. Background reviews shall be conducted through both a writteer, questionnaire to be completed by the employee applicant and a personal interview with present and past supervisors and associates who have personal knowledge of the applicant's background and character. The Contractor shall update background investigation every five (5) years from the date of last background investigation on all commissioned officefs. C. Any person who has been convicted of a felony is not eligible for employment. Also any person who has been .convicted of a misdemeanor, excluding minor traffic violations, within a period of three (3) years immediately preceding his/her appointment, or who has been convicted or plead guilty to a misdemeanor or domestic violence, shall not be eligible for employment as a commissioned law enforcement officer. Persons appointed to cormnissioned law enforcement positions shall be at least 21 years of age. This requirement may be waived for United States armed services' veterans discharged under honorable conditions. Applicants and codssioned law enforcement officer positions must be physically able to perform efficiently the duties of the positions, applicants shall have binocular vision correctable to 20/20 (Snellen) in each eye; uncorrected vision shall be no more than 20/100 in each eye. Near vision corrected or uncorrected shall be sufficient to read Yeager Type 2 at 14 inches. All law enforcement officers must be able to distinguish basic color. All law enforcement officer position applicants shall have the ability to hear the conversational voice, without the use of a hearing aid. Persons with an amputation of arm, hand, leg or foot shall not be employed. Applicants shall possess emotional and mental stability. Any physical condition which would cause the employee to be a hazard to himself/herself or to others shall be disqualified for appointment/employment or continued employment or appointment as a law enforcement officer. Fitness for duty examination shall be ordered for any employee in question. In addition, an annual medical examination shall be completed for each comn-issioned law enforcement officer to ensure fitness for duty. Medical certificates shall be placed in each individual's official personnel folder. Employee candidates must complete and successfully pass a psychological evaluation conducted by a licensed psychologist prior to employment. Any applicant who does not meet this requirement shall not be hired in a law enforcement officer position. The Bureau of Indian Affairs will cooperate with the Contractor in obtaining such services through the Indian Health Service. In the event that these services cannot be
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BOYE 2622
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obtained through the Indian Health Services, upon writ ten request from the Contractor, the Bureau of Indian of Affairs shall assist in developing and submitting a request for contract support funds to cover these costs. In the event that the Bureau develops a comprehensive mechanism to provide these services throughout Indian Country, the Contractor will have the opportunity to participate. The Contractor, through its internal affairs unit, shall be respon=ible for promptly conducting administrative investigations in response to allegation of employee misconduct. Administrative investigations shall be conducted professionally, impartially and thoroughly and reports shall be timely,' objective and accurate. All administrative investigations conducted by the internal affairs unit shall be documented and maintained in a confidential manner. Any subsequent disciplinary action shall be processed pursuant to applicable Navajo Nation personnel policies and procedures, as amended, and other policies and procedures applicable to the Contractor.
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The Contractor shall assure that each law en£orcement officer is qualified, depending upon position classification in the field of law enforcement and has a working knowledge of arrest procedures, rules of evidence, crime scene search, preservation of evidence, report writing, testifying in court and related law enforcement functions.
Qualifications and Training.
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Each law enforcement officer must pass an approved firearms qualification course every six ( 6 ) months to be qualified to firearm. Whenever an officer's firearms carry a qualification lapses, all weapons issued to the law enforcement officer shall be returned. Any of the following firearms qualification courses may be used to qualify law enforcement officers in the use of a firearm:
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The National Rifle ~ssociation National Police Course. The National Rifle Association 25-Yard Course. The National Rifle Association Practical Pistol Course. The Federal Bureau of Course. Investigation Practical Pistol
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All state approved firearms courses. Federal Law Enforcement Training Center Courses.
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~ewly-employed law enforcement officers shall successfully complete, within their first year of service, the approved Basic Police Recruit Training Course conducted at the Indian Police Academy and approved by the Assistant Secretary of Indian Affairs or a comparable basic police recruit training
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BOYE 2623
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course approved by the ~ssistantSecretary of Indian Affairs. An officer who fails to complete the training required by this paragraph shall be discharged or transferred to z position not involving law enforcement duties. Transfer may result in demotion. The Contractor may utilize law enforcement officer positions for newly employed law enforcement officers, classified as police recruits by the Contractor, until such time that they have successfully completed the Basic Police Recruit training - -required for peace zfficer certification. C. Prior to, or within one year after, promotion or appointment to a supervisory law enforcement position, an employee shall complete the approved Supervisory Law Enforcement Officer Training Course conducted at the Indian Police Academy or a similar course substantially meeting or exceeding the level of training provided by the Indian Police Academy and approved by the Assistant Secretary of Indian Affairs. A law enforcement officer who is serving in a supervisory position and fails to complete the training required in this paragraph shall be demoted. Each law enforcement officer shall receive a minimum of forty (40) hours of local in-service training annually to meet training needs determined by Contractor and to keep abreast with developments in the field of law enforcement. The Contractor may establish and maintain a training academy for the training of its personnel. The curriculum used for training, in compliance with the Bureau's mandated requirements shall be submitted to the (COR) for approval and certification prior to the implementation of the training. The COR, within thirty (30) days of receipt of the curriculum, shall respond to the Contractor its approval or disapproval of the curriculum. If the COR fails to respond within the thirty (30) days, it shall be deemed by the Contractor that the curriculum has been approved. h Y disapproval of curriculum by the COR shall explain the reason for disapproval.
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To the extent of available resources, the Bureau shall provide additional necessary training, when requested i n writing by the Contractor to enable the Contractor to carry out the terms and standards of the Contract. However, in the event that the Bureau cannot provide training needed by the Contractor to carry out the terms and conditions of this Contract, such failure will not adversely affect this Contract. CERTIFICATES OF SATISFACTORY COMPLETION OF EACH OF THE ABOVE TRAINING REQUIREMENTS SHALL BE MAINTAINED IN EACH INDIVIDUAL OFFICER'S PERSONNEL FOLDER.
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BOYE 2624
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104. Certification as Federal Law Enforcement Officers.
The Bureau shall commission any law enforcement officer meeting the personnel, qualifications and training provisions of this contract as a Federal Law Enforcement Officer.
105. Uniforms and Equipment.
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Uniforms, when worn, shall positively identify the wearer as a law enforcement officer badge, name plate and tribal patch shall -he visible at all times. Unifo m s - - of all law enforcement personnel shall be plainly distinguishable 'from the uniforms of other non-law enforcement personnel. Each officer shall be issued a standard identification card bearing a photograph of the officer. All law enforcement officers shall be equipped with a two-way radio, emergency lights (Code 3), sirens, safety screens (cage), fire extinguisher, flashlight, emergency flares, blankets, a first aid kit, a shovel and a rappelling rope, at least 100 feet in length. Contractor shall maintain all vehicles in good working condition. The Contractor shall provide all uniformed law enforcement officers with the following items and assure they are in good working condition:
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.40 caliber, 9 m or other firearms duly authorized by the Contractor. Belt holster, handcuffs, mace and pepper mace (including case), cartridge holder, and handcuffs with keys. Minimum of two complete uniforms, including hat/helmet, hat shield and breast badge, baton, bullet-proof vest, foul weather gear, and inclement weather outer wear. Ammunition shall be expended and replaced annually. Baton.
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The Bureau shall provide necessary equipment, when requested in writing by the Contractor and subject to availability, to the Contractor to efficiently and effectively carry out the terms and standards of the Contract. All Internal Affairs investigators shall be issued a standard identification card bearing a photograph of the investigator. estigator shall wear clothing in artmental uniform standard.
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106. Salaries. Salaries paid law enforcement officers
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under this Contract shall be equal to or greater paid law enforcement officers with similar of Indian Affairs.
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BOYE 2625
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~ispatcherlogs; Officer logs; Case reports, including incident records; Juvenile records; PZrsonal arrest and disposition records; Evidence records; Booking logs; Payroll records of all employees; Reports of all traffic accidents investigated; Individual background investigation records; Training records and certificates of completion; Codes of Conduct; Jailer logs (Inmate checks); Government-furnished property inventory list; Employee performance appraisal files; annual physical examination records; Firearms certification records; Criminal case logs; Firearm inventory list; and Except in firearms training, each time a firearm is used for law enforcement purposes, a report shall be filed with the superior of the officer who used the weapon. Whenever use of a weapon results in serious injury or death of any person, the officer who fired the weapon shall be placed on administrative leave, or be assigned to strictly administrative duties pending a thorough investigation of all circumstances surrounding the incident.
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arrest,
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Standardize Offense/Incident Report including Supplement I Narrative Continuation; Supplement I1 - Multiple Arrests: and Supplement In - Non Enforcement Services). The Contractor shall provide this data through agreement with the Bureau of Indian Affairs, Navajo A z e a Resional Office, to the Bureau of
BOYE 2627
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Indian ~ffairs, ~utomated Data Systems, Branch of India Services, Post Office Box 968, Albuquerque, New Mexico 87103. Civil Rights Violations Reports. In addition to prescribed Navajo Nation reporting guidelines, when a Contract law enforcement officer receives an oral or written allegation that a law enforcement officer employed under this Contract has violated the civil rights of any person, the receiving officer shall prepare a written report of the allegation and transrm't it through the chain of command to the Navajo Department of Law Enforcement Chief of Police within seven ( 7 ) days of receipt of the allegation. No later than seven ( 7 ) days after being notified of the allegation, the Navajo Department of Law Enforcement Chief of Police shall submit written notification to the Navajo Department of Criminal Investigations Director the Bureau of Indian Affairs, the Navajo Reqional Office, the Federal Bureau of Investigation and the President of the Navajo Nation. If the Navajo Department of Law Enforcement Chief of Police, the District Captain or high ranking official is accused of a civil rights violation, the report of the allegation shall be transmitted directly to the Navajo Department of Criminal Investigations Director, the President of the Navajo Nation, the Federal Bureau of Investigation and the Navajo k=ea Reqional Office.
108. No Assignment as Security.
No Police Officer shall be assigned to serve as bodyguards for the President, Vice-President or other politically elected or appointed official of the Navajo Nation government. This does not prohibit any Police Officer from conducting an investigation of criminal offenses or threats of criminal offenses against the President, Vice-President or other politically elected or appointed official of the Navajo Nation.
BOYE 2628
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