Title
Amend Ordinance with Northrop Grumman Systems Corporation to Authorize Exceptions to Phoenix Code Section 42-18 - Indemnification and Liability Provisions (Ordinance S-46810)
Description
Request the City Council amend Ordinance S-46540 to enter into contract with Northrop Grumman for the Fire Computer Aided Dispatch (CAD) Upgrade subject to contract provisions and requesting waiver of Phoenix Code section 42-18.
Report
Summary
Ordinance S-46540, adopted on April 15, 2020, authorized the City Manager, or his designee, to enter into contract with Northrop Grumman Systems Corporation for the Fire Computer Aided Dispatch (CAD) Upgrade for the Phoenix Fire Department (PFD). Northrop Grumman Systems Corporation has taken exception to the indemnification and liability provisions in the contract. PFD is seeking an exception to Phoenix Code §42-18 in allowing for mutual indemnification against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorneys’ fees, both inside and outside counsel) and liabilities, of, by or with respect to third parties, which arise from the intentional misconduct or negligence of either party, its employees, agents or subcontractors. Further, with respect to any and all claims demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorneys’ fees, both inside and outside counsel) and liabilities, of, by or with respect to third parties, which arise from the joint or concurrent negligence of the Contractor and Indemnitee, each party shall assume responsibility in proportion to the degree of its respective fault. Additionally, PFD is seeking an exception to Phoenix Code §42-18 in allowing a limitation of damages to three times the Agreement value; and a waiver of indirect damages.
All other provisions of Ordinance S-46540 will remain the same.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Fire Department.