Kanab City, Kane County narrow vehicle-emergency agreement but leave gross-negligence issue unresolved

Kanab City and Kane County officials spent the meeting negotiating final language and logistics for a vehicle emergency response agreement that would let city fire crews respond in unincorporated parts of the county and bridge coverage gaps created by newly formed special service districts.

The parties told the commission they have reached agreement on most contract terms but remain divided over whether gross negligence should be excluded from the agreement's indemnification and hold-harmless provisions. The county proposed removing both gross negligence and intentional misconduct from indemnity; the city and some council members said they would accept language excluding intentional misconduct but not gross negligence, because the legal distinction can determine whether a third-party claim forces immediate defense costs and settlement exposure.

Why it matters: the contract determines who bears legal and financial risk when Kanab City firefighters use extrication tools or perform firefighting or EMS functions in unincorporated areas. Negotiators repeatedly flagged that a third-party lawsuit alleging gross negligence can trigger immediate legal fees and settlements even if a court later finds ordinary negligence. That uncertainty affects whether cities can rely on their indemnity pools and insurance.

On consi…