Title
Amend Ordinance with Northrop Grumman Systems Corporation to Authorize Exceptions to Indemnification Provisions (Ordinance S-46539)
Description
Request the City Council amend Ordinance S-44609 to enter into contract with Northrop Grumman for Regional Computer Aided Dispatch (CAD) maintenance and support services subject to contract provisions and requesting waiver of Phoenix Code §42-18.
Report
Summary
Ordinance S-44609, adopted on May 16, 2018, authorized the City Manager, or his designee, to enter into contract with Northrop Grumman Systems Corporation for Regional Computer Aided Dispatch (CAD) maintenance and support services for the Phoenix Fire Department (PFD). Northrop Grumman Systems Corporation has taken exception to the indemnification 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, judgements, 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, judgements, 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.
All other provisions of Ordinance S-44609 will remain the same.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Fire Department.