IGA Assistance Program Scott Barber, AMRRP President Bill Sims, AMRRP Legal Advisor.
-
Upload
myra-robbins -
Category
Documents
-
view
216 -
download
3
Transcript of IGA Assistance Program Scott Barber, AMRRP President Bill Sims, AMRRP Legal Advisor.
IGA Assistance Program
Scott Barber, AMRRP PresidentBill Sims, AMRRP Legal Advisor
2
Lessons Learned from Yarnell
• Need correct indemnity• Had it been written differently, City would have had to
indemnify the State for the State’s negligence
• Need clear command & control• Need to confirm insurance is available
3
State Forestry Response
• Send IGAs to Fire Chiefs• Replace prior indemnity where each party responsible
for its bad acts• Now cities/towns could be contractually obligated to
indemnify State for State’s partial negligence• Increased insurance requirements when insurance for
wildland firefighting is challenging
4
Many Upstream IGAs
• ADOT• Forestry• Department of Homeland Security• Border Patrol• Department of Motor Vehicles• County Flood Control Districts
5
IGA Assistance Program
• Review indemnity provisions• Evaluate insurance requirements• Suggest efficient organizational structure• Recommend joint defense arrangements when viable
6
Impact
• Mutual Aid Agreement – Hazardous Materials Disposal• Joint Dispatch Agreement• State Forestry IGA
7
Mutual Aid Agreement• Four cities set up joint process for collecting and
disposing hazardous materials.• As written:
• Lead cities primarily liable• Insurance limited• Mutual indemnity results in four law firms if third-party claim is
brought• Fixes
• Get vendor to provide the insurance• If can’t, put one lead city in charge with insurance covering all
parties• All four parties pay• Agree to Joint Defense Agreement 8
Joint Dispatch Agreement
• County and Local Cities/Towns/Fire Districts• County to lead, provide funds and assume nearly all
responsibilities• County would likely be liable for all liability
• Indemnity could have resulted in fourteen different law firms responding to third-party claims• Fixes
• Create separate non-profit entity who would manage the dispatch center
• The non-profit would obtain insurance to protect the participating public agencies
• Avoids armies of lawyers fighting over claims. 9
State Forestry IGA
• Make sure the IGA comes to Council for approval• Insist on mutual indemnity• Not one-sided
• Obtain adequate insurance
10
How to Proceed
• Address imbalance of negotiating leverage• Get State to revise indemnity language• Adopt new legislation
11
Audit All IGAs in Areas of Risk
• IGA’s govern and allocate the risk.• The State is trying to shift the risk to you.• Don’t stumble into liability.
12
Land Use Assistance Life Line (LUAL)Bill Sims, Sims & Murray
14
HISTORICAL ORIGINS –HISTORY OF LAND USE CLAIMS
Land Use Liability Frequency Experience as of 12/31/03
0
5
10
15
20
25
30
35
40
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Years
Nu
mb
er o
f L
and
Use
Cla
ims
15
COMPLICATING FACTORS
• Municipal budget shortfalls.• Bear market hurts development projects.• Greater public scrutiny.• Complex intersection of legal constraints.
LUAL Update
• Provides Risk Pool members free legal advice• Land use laws• Zoning
• Types of matters• Development Agreements• Plats• Zoning disputes
• Until now, relatively quiet• Does not replace your attorney; meant to assist your
attorney 16