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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND U.S. DEPARTMENT OF THE AIR FORCE 1. PARTIES This Intergovernmental Agreement (IGA) is between Maricopa County (MC) on behalf of the Maricopa County Medical Examiner’s Office (the ME’s Office) and the U.S. Department of the Air Force, by and through the 56th Fighter Wing/56th Medical Group (USAF) located at Luke Air Force Base in Glendale, Arizona. MC is authorized to enter into this IGA pursuant to A.R.S. § 11-952. USAF is authorized to enter into this IGA pursuant to AFI 34-501, Mortuary Affairs Program, para. 1.6.20. 2. DURATION This IGA shall be in effect upon its approval and execution by MC and USAF and shall continue in effect until terminated earlier pursuant to the provisions of Paragraph 8 of this IGA. This IGA shall automatically be renewed on an annual basis (July 1 through June 30) through June 30, 2022 with all provisions of this IGA remaining in full force and effect, until renegotiated or terminated in accordance with the provisions of this IGA. 3. PURPOSE The purpose of this IGA is to memorialize the understanding and agreement between MC and USAF with regard to the investigation of deaths of known USAF personnel and other known person’s on-base and off-base, and the handling of the remains thereafter, within the geographical boundaries of Maricopa County, Arizona. 4. GENERAL INFORMATION USAF is responsible under federal law for the disposal and care of the remains, personal effects and property of certain deceased personnel within the jurisdiction of Maricopa County for the purpose of fulfilling its responsibility under Title 10 U.S.C. Section 1481, which provides in relevant part that USAF has jurisdiction over the disposition and care of the remains of all active duty USAF Members. Within the geographical boundaries of Maricopa County, Arizona, the ME’s Office has primary authority and responsibility for investigating deaths of active duty and non-active duty USAF personnel which occur off-base. When the ME’s Office or USAF conducts an autopsy on persons within the scope of this IGA, the ME’s Office and USAF will promptly provide a copy of the autopsy report to the other to the extent authorized by and not prohibited by Arizona or federal law. When USAF expresses an interest in writing in the cause and/or manner of death of a specific person or persons within the scope of this IGA, the ME’s Office, in its sole discretion, may invite USAF to observe the examination and/or participate in subsequent roundtable discussions of the forensic evidence and will fully cooperate with USAF to the extent authorized by and not prohibited by Arizona or federal law. Copies of Reports of Investigation (ROI) over which USAF exercises control and which do not contain privileged information not generally releasable will be forwarded to the ME’s Office upon request in compliance with applicable regulations and in coordination with the releasing organization. When the ME’s Office assumes jurisdiction of a decedent or decedents within the scope of this IGA, the ME’s Office will provide all reasonably available information upon written request by USAF to assist USAF Mortuary Services in completing its paperwork. If the ME’s Office is unable to positively identify the remains of a decedent or decedents within the scope of this IGA, the ME’s Office will contact the HQ USAF MA Identification Team and the Armed Forces Pathology Institute for assistance. The ME’s Office will take all forensically reasonable steps to preserve the remains pending arrival of USAF identification specialists 5. ON-BASE DEATHS USAF will immediately notify the ME’s Office of any active duty or non-active duty death that occurs on-base, pursuant to AFI 34-501 and USAF’s responsibility for on-base deaths under Title 10 U.S.C. Section 1481. All deaths occurring on-base must be verified by a licensed healthcare provider (M.D. or D.O.). Upon receipt of notice, the ME’s Office will transport the remains from the place of death (or presumed death) to the ME’s Office. In the event of a mass fatality, USAF Mortuary Services will have the primary responsibility of transporting the remains to the designated processing location. If any decedent was non-active duty, USAF will contact the ME’s Office for notification purposes and disposition instructions. In the event of an on-base fatality or fatalities involving civilian aircraft, USAF will immediately notify the ME’s Office and will undertake the search for, recovery and identification of the remains and will provide security until the investigation is completed. 6. OFF-BASE DEATHS In the event of an active duty death off-base and within the geographical boundaries of Maricopa County, Arizona, the ME’s Office will exercise jurisdiction and will take control over the remains. The ME’s Office will notify the base Mortuary Officer of any death occurring off-base and within the geographical boundaries of Maricopa County, Arizona, involving active duty members, reserve members on active duty or performing inactive duty training, their dependants and civil service employees on temporary duty in the area, if such status is known. In that event, the remains will not be released to a funeral home and the base Mortuary Officer will assume custody of the remains in accordance with USAF procedures within 24 hours of the completion of the examination by the ME’s Office. The ME’s Office will release to USAF the personal effects of the decedent or decedents upon or as soon as reasonably possible after the transfer of custody of the remains to USAF. USAF shall provide the ME’s Office with a telephone number and contact person available 24 hours per day, seven days per week, for the purpose of the ME’s Office’s notification obligation in this paragraph, and for the purpose of providing that contact information to the next-of-kin to discuss with USAF any and all funeral home arrangements. In the event of an off-base fatality or fatalities involving military personnel and civilian aircraft within the geographical boundaries of Maricopa County, Arizona, USAF may provide upon request by the ME’s Office all reasonably available assistance with the search for, recovery and identification of the decedent or decedents. 7. USAF AIRCRAFT CRASHES In the event of a crash of a United States Air Force aircraft, whether on a military installation or outside of a military installation, the United States Air Force will receive immediate custody of the remains of all flight crew, which includes the right to investigate and perform necessary autopsies on the flight crew. The Mortuary Officer will monitor all operations concerning the search and recovery of remains as well as their identification. 8. TERMINATION The ME’s Office and USAF may terminate this IGA upon thirty (30) days written notice to each other, with or without cause, in the sole discretion of the ME’s Office and USAF. Notice to the ME’s Office shall be directed to the attention of: Dr. Jeffrey Johnston, Chief Medical Examiner/Director (or his successor), Forensic Science Center, 701 W. Jefferson, Phoenix, Arizona 85007. Notice to USAF shall be directed to the attention of: Maritzel G. Castrellon, Major, Mortuary Officer (or his successor), 56th Fighter Wing, c/o Public Affairs Office, 14185 W. Falcon Street, Luke Air Force Base, Arizona 85309. 9. LIABILITY This IGA shall in not be construed as creating, nullifying, or in any way affecting either party’s right to make any civil claim against the other under any applicable law or regulation. This IGA does not create an obligation that either party defend, indemnify, or hold harmless the other party or any officer, agent, volunteer, insurer, attorney, or employee of the other party. 9. AMENDMENTS This IGA shall not, and cannot, be amended or altered in any way without the prior written consent of MC and USAF. 10. EMPLOYMENT DISCLAIMER This IGA is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership or other form of formal business association or organization of any kind, and the rights, duties and obligations of MC and USAF under this IGA shall be only those expressly set forth in this IGA. 11. COMPLIANCE WITH APPLICABLE LAWS MC and USAF shall comply with all applicable laws, rules, regulations, ordinances, standards, codes and executive orders of any city, state, or federal government, whether or not specifically set forth in this IGA throughout the duration of this IGA. MC specifically affirms its compliance, and the compliance of its contractors or subcontractors, with any applicable city, state, or federal law, rule, regulation, ordinance, standard, code, or executive order related to immigration or business operations in Sudan or Iran. USAF specifically affirms its compliance, and the compliance of its contractors or subcontractors, with any applicable federal law, rule, regulation, ordinance, standard, code, or executive order related to immigration or business operations in Sudan or Iran, and with any such city or state law, rule, regulation, ordinance, standard, code, or executive order to which it is subject under federal law. FOR AND ON BEHALF OF FOR AND ON BEHALF OF MARICOPA COUNTY: USAF: __________________________ _________________________ Steve Chucri Joseph A. Sellers, Maj, USAF Chairman, Board of Supervisors Mortuary Officer, Luke AFB ATTEST: _________________________ Clerk of the Board Pursuant to A.R.S. § 11-201, this IGA has been reviewed by the undersigned attorney for MC, who has determined that this IGA is in proper form and is within the powers and authority granted under the laws of the State of Arizona to MC. DATED this ______ day of _____________, 2017. By____________________________ Steven C. Goodrich Deputy County Attorney