Board tables action on flood-warning contractor indemnification; staff to return June 2

Coconino County’s flood control director, Lucinda Andriana, told supervisors on May 12 that staff need more time to refine a proposed indemnification amendment to an on‑call engineering agreement with JE Fuller Hydrology and Geomorphology.

Andriana said the county’s post‑wildfire flood‑warning system — a network of rain and stream gauges, cameras and a rotating flood director who coordinates with the National Weather Service — has become more heavily used and needs a backup system for internal monitoring. She told the board the device and software vendor relationship raises a legal question: state law grants immunity to state agencies and certain local entities that operate flood‑warning systems but is not explicit about private agents that operate parts of the system.

"The state has a statute that specifically provides immunity to state and state agencies and then also to local government entities ... Unfortunately, the statute is not very explicit when it comes to agents," Andriana said, describing why staff proposed contract language changes and why they will seek a legislative fix next year if needed.

County staff recommended tabling the contract amendment and returning with revised language and legal guidance. Supervisor Tammy Ontiveras asked whether the indemnity would be limited to JE Fuller and whether the county’s insurance pool covers the district; staff and risk representatives said the indemnity would be narrowly written for JE Fuller and pointed to the county's pooled coverage (ASAP) as a backstop. The board voted to table the item to the June 2 meeting so attorneys and risk management can finalize recommended contract language and public notice steps.

Lucinda Andriana said the revised agreement and the district attorney would be present on June 2. The board’s action delays any contractual indemnity change until legal analysis, insurance review and a clearer scope of work are presented to the board.