Commission approves draft emergency-response waiver with Kanab City, adds HAZMAT language for City review

The Kane County Commission voted unanimously on April 29, 2025, to finalize an initial proposal of a waiver-of-liability and emergency-response agreement with Kanab City and to add HAZMAT language before sending the draft to the city's legal counsel for review.

County legal counsel had negotiated terms intended to allow Kanab City emergency responders to operate outside city boundaries when necessary and to have the county assume indemnity and defense in the event of claims arising from that response. Kanab City representatives told the commission their legal counsel has concerns over liability language that could extend negligence exposure to the city and noted that legally enforceable “consideration” (something of value exchanged) is generally required in a contract. City officials asked whether the draft provided adequate governmental immunities when the city is responding under county authority.

County staff pointed to existing Tourism, Recreation and Transient (TRT) contributions to EMS — cited in the recitals as approximately $250,000 annually to Kanab City (via the hospital) and $150,000 to Cedar Mountain (via the hospital) — as potential examples of consideration, but both sides said further legal review and negotiation are appropriate.

After extended discussion about whether to broaden the draft to “all hazards” (which several commissioners and city representatives said would likely require compensation and broader city legal review), the commission narrowed the change and approved a motion to add HAZMAT language. The motion directs county counsel to send the amended draft to Kanab City as a proposed agreement and to accept any counterproposals for further consideration. The vote was unanimous.