Kane County to send draft liability waiver to Kanab City with HAZMAT language added

Kane County commissioners on April 29 approved, unanimously, a motion to finalize the initial proposal of a waiver of liability and emergency response agreement with Kanab City and to send that draft to the city with HAZMAT language added for the city’s review.

The agreement is intended to authorize Kanab City personnel to respond outside city limits in specified unincorporated areas, and county legal staff said the draft contemplates the county assuming liability for responses outside the city’s jurisdiction. Kanab City representatives and counsel said the draft as written could leave the city exposed to negligence claims and lacks "consideration" (a legal benefit that courts require in contract law). A Kanab City representative summarized those concerns: "Those liabilities exist in negligence, and I think the city's expressed being uncomfortable even in negligence...there's a need for what's called consideration...and that's something that's legally required for a contract." (speaker 8).

Fire chiefs and commissioners debated whether the draft should be limited to vehicle extrication/EMS on Highway 89 (the item removed from the SSD legal description) or broadened to cover "all hazards," including wildland and structural fire. Chief Pearson recommended not specifying a single type because the department operates as "all hazards": "If you put fire response, it handles HAZMAT. It handles the rest of the stuff we do." (speaker 3). Kanab City counsel cautioned that adopting an expanded "all hazards" definition without negotiation could lead to denial and recommended exchanging drafts and counterproposals.

Given those concerns, the commission chose to add HAZMAT language to the draft and to send the document to Kanab City for feedback rather than unilaterally approving a broader "all hazards" indemnity. Commissioners and city representatives agreed further attorney‑to‑attorney negotiation is expected; staff also noted existing funding and contribution language in the recitals, including TRT allocations that flow indirectly to Kanab City and Cedar Mountain through the hospital (staff cited approximately $250,000 and $150,000 annual amounts respectively).

Next steps: county attorneys will update the draft per the motion (adding HAZMAT), send it to Kanab City, and both sides’ legal counsel will negotiate changes (liability language, consideration, definitions) before returning to the commission for approval of any final contract.