IGA Assistance Program and Law Enforcement Joint Dispatch I - PowerPoint Presentation

Slide1

IGA Assistance Program and Law Enforcement Joint Dispatch IGA

Bill Sims, AMRRP Legal Advisor

Arizona City Attorneys

Summer Conference 2016Slide2

2Slide3

Lessons Learned from Yarnell

Need correct indemnityHad it been written differently, Prescott would have had to indemnify the State for the State’s negligence

Need clear command & controlNeed to confirm insurance is availableRisk Pool undertook review of member IGAs - - hundreds of IGAs reviewedState Forestry IGAADOT IGAs

3Slide4

Lessons Learned

Organizational StructurePreserving ImmunitiesCommand and ControlIndemnityInsuranceJoint Defense Agreement

4Slide5

Organizational Structure

Create Independent Nonprofit under A.R.S. §11-952Be a vendorJointly act without creating nonprofitMulti-partiesTwo parties

5Slide6

11-952

11-952. Intergovernmental agreements and contractsA. If authorized by their legislative or other governing bodies, two or more public agencies or public procurement units by direct contract or agreement may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for a joint or cooperative action or

may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties.

6Slide7

Independent Nonprofit

InsuranceIf in Risk Pool would have to join as memberIf not in Risk Pool, must procure insurance for the separate entityOrganizational CostsSeparate counselAudits

Articles and BylawsAnnual Reports7Slide8

Organizational Structure

Create Independent Nonprofit under A.R.S. § 11-952Be a vendorJointly act without creating nonprofitMulti-partiesTwo parties

8Slide9

Simply Sell Service – as a Vendor

City of Phoenix Regional Dispatch ServicesNo indemnityReturn equipmentRepair equipment if damaged

Prescott Dispatch ServicesIndemnity based on fee paid and not based on liability9Slide10

10

INTERGOVERNMENTAL AGREEMENTFOR THE

PHOENIX FIRE DEPARTMENTREGIONAL SERVICE SYSTEMTHIS AGREEMENT is made and entered inti this 1st day of July 2005, by and between the CITY OF PHOENIX, hereinafter referred to as “

Phoenix

” and the participating agencies of the

PHOENIX FIRE DEPARTMENT REGIONAL SERVICE SYSTEM

(“

System

”), hereinafter referred to as “

Members

” and listed in Appendix “A”, of this Intergovernmental Agreement, Titled

PHOENIX FIRED DEPARTMENT REGIONAL SERVICE SYSTEM MEMBER AGENCIES

”.

WHEREAS

, agreements for mutual assistance and intergovernmental cooperation in public safety areas, including operations and management of fire and police or the public safety related agencies have existed between municipalities and governmental jurisdictions; and

WHEREAS

, it is the desire of the municipalities, governmental jurisdictions, agencies and Fire Districts participating in this intergovernmental agreement, to work together for mutual benefit of our communities, the public and our personnel; and

WHEREAS

, Members desire to participate in the Phoenix Fire Department Regional Service System in order to more effectively provide emergency fire, medical and other services; and

WHEREAS

, Phoenix desires the participation of Members in the System to more effectively provide emergency fire, medical and other services;

NOW THEREFORE

, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows:Slide11

Simply Sell Service

City of Phoenix Regional Dispatch ServicesNo indemnityReturn equipmentRepair equipment if damagedPrescott Dispatch ServicesIndemnity based on fee paid and not based on liability

11Slide12

12Slide13

Indemnification

In the event any litigation, claims or other costs being incurred by the City as a result of its operation of the Dispatch Center, then and in that event each Participating Agency shall share in the cost thereof pursuant to the formula as provided for in Article 5 above.

13Slide14

Joint Action Without Creating Nonprofit – Two Parties

Snowflake-TaylorAllocate costIdentify real property and personal propertyGovernance – Advisory CommitteeBe careful to avoid liability caused by decisions of the committee

Could trigger E&O insurance requirements14Slide15

15Slide16

Joint Action Without Creating Nonprofit – Two Parties

Snowflake-TaylorAllocate costIdentify real property and personal propertyGovernance – Advisory CommitteeBe careful to avoid liability caused by decisions of the committee

Could trigger E&O insurance requirements16Slide17

17Slide18

18Slide19

Joint Action Without Creating Nonprofit – Two Parties

Cottonwood – Sedona Fire DistrictLimits liability to insurance – not necessarily a good ideaFlorence – Superior Joint DispatchMuch like a vendor selling services to one other party

But, adds Joint Defense Agreement19Slide20

20Slide21

21Slide22

Joint Action Without Creating Nonprofit – Two Parties

Cottonwood – Sedona Fire DistrictLimits liability to insurance – not necessarily a good ideaFlorence – Superior Joint DispatchMuch like a vendor selling services to another party

Includes mediationBut, adds Joint Defense Agreement22Slide23

23Slide24

Joint Action Without Creating Nonprofit – Multi-parties

Cochise County and Fire Districts and MunicipalitiesCommand and controlInformal joint defense agreementPreserve workers’ compensation immunities

24Slide25

25Slide26

26Slide27

27Slide28

Joint Action Without Creating Nonprofit – Multi-parties

White Mountain Joint DispatchCreates a Board of DirectorsWhat happens if a 4-3 vote of the Board triggers liability causing event?Need E&O insurance

Don’t have overlapping and unnecessary insurance but require one of the participating agencies to take the lead: the County.28Slide29

29Slide30

30Slide31

31Slide32

32Slide33

33Slide34

Preserve Immunities

Workers’ CompNoticeContract claimQualified and Absolute Immunity - - only if a public entityA.R.S. § 12-520.01 and A.R.S. § 12-520.02

Address Gross Negligence StandardA.R.S. § 12-715 – Donor of PropertyA.R.S. § 9-500.02 – EMTs providing emergency medical servicesForestry IGA

34Slide35

35Slide36

36Slide37

Insurance

If you create a separate governing body, even without creation of nonprofit corporationE&O insuranceIf handle money, need crime insuranceIf housed in property not owned by one of the members, need property insuranceIf have independent employees, need separate workers’ compensation insurance

37Slide38

Joint Defense Agreement

Ethical conflict rules prevailCounty Risk Pool and Cities & Towns Pool working on modelWorks until it fails, but worthwhile

38Slide39

Indemnity

State ForestryADOT

39Slide40

40Slide41

41Slide42

42Slide43

43Slide44

44Slide45

45

Questions?

Bill Sims2020 North Central Avenue, Suite 670

Phoenix, AZ 85004

602-772-5501

wjsims@simsmurray.com