Title
An Ordinance Amending Phoenix City Code Chapter 10A Regarding Mutual Indemnification Provisions for Certain Facility Use Agreements - Phoenix Convention Center (Ordinance G-7523) - Citywide
Description
This item requests an amendment to Phoenix City Code (PCC) Chapter 10A, Phoenix Convention Center, to add a definition related to Convention Center Major Events and to authorize the Convention Center Director to include mutual indemnification provisions in certain facility use agreements.
Report
Summary
On November 18, 1987, the City Council adopted Ordinance G-3066, which added a new Chapter 10A to the City Code regarding the operational policies and facilities rental schedules for all events at the Phoenix Civic Plaza and repealed prior inconsistent ordinances. On July 13, 1988, the City Council adopted Ordinance G-3161, which amended Ordinance G-3066 and Chapter 10A. On February 16, 2005, the City Council adopted Ordinance G-4675, which repealed Chapter 10A in its entirety, with the exception of Section 10A-5, and adopted a new Chapter 10A. On March 7, 2007, the City Council adopted Ordinance G-4872, which amended Chapter 10A in its entirety. On April 21, 2023, the City Council adopted Ordinance G-7102, which amended Chapter 10A by removing Sections 10A-4, 10A-7, 10A-8 and 10A-9, renumbering the remaining sections, and establishing a rental rate and policy schedule.
This item requests an amendment to Chapter 10A by adding a definition for “Convention Center Major Events” and by granting the Director authority to include mutual indemnification provisions in facility use agreements with public entities and for Convention Center Major Events. Under the proposed amendment, before including these mutual indemnification provisions in these facility use agreements, the Director will be required to consult directly with the Law Department and Risk Management Division of the Finance Department. Inclusion of mutual indemnification provisions in any other facility use agreements will still require a Council-approved waiver of PCC Section 42-18.
A draft of the proposed amended ordinance is attached as Attachment A.
Concurrence/Previous Council Action
The City Council previously approved:
- Ordinance G-3066 on November 18, 1987.
- Ordinance G-3161 on July 13, 1988.
- Ordinance G-4675 on February 16, 2005.
- Ordinance G-4872 on March 7, 2007.
- Ordinance G-7102 on April 21, 2023.
Department
Responsible Department
This item is submitted by Deputy City Manager Cynthia Aguilar and the Phoenix Convention Center Department.