1. IGA Assistance Program Scott Barber, AMRRP President Bill Sims, AMRRP Legal Advisor

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3. 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

4. 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

5. Many Upstream IGAs ADOT Forestry Department of Homeland Security Border Patrol Department of Motor Vehicles County Flood Control Districts 5

6. IGA Assistance Program Review indemnity provisions Evaluate insurance requirements Suggest efficient organizational structure Recommend joint defense arrangements when viable 6

7. Impact Mutual Aid Agreement – Hazardous Materials Disposal Joint Dispatch Agreement State Forestry IGA 7

8. 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

9. 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

10. State Forestry IGA Make sure the IGA comes to Council for approval Insist on mutual indemnity Not one-sided Obtain adequate insurance 10

11. How to Proceed Address imbalance of negotiating leverage Get State to revise indemnity language Adopt new legislation 11

12. 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

13. Land Use Assistance Life Line (LUAL) Bill Sims, Sims & Murray

14. 14 HISTORICAL ORIGINS –HISTORY OF LAND USE CLAIMS

15. 15 COMPLICATING FACTORS Municipal budget shortfalls. Bear market hurts development projects. Greater public scrutiny. Complex intersection of legal constraints.

16. 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