A. Unless expressly authorized by law, or otherwise authorized by Section 42-20, no City contract or agreement shall contain any provision, and the City shall not be bound by any provision of any such agreement, whereby the City of Phoenix, its agents, officers or employees agree to provide any indemnity or assume any liability for any omission, act or activity of the City, its agents, servants or employees, beyond such liability as may be imposed as a matter of law upon the City by reason of such omission, act or activity existing in the absence of any contractual provision relating thereto.

B. The City shall not enter into any contract or agreement, nor be bound by any provision of any such contract or agreement, whereby the City limits its rights to obtain legal redress, damages or compensation whatsoever, other than such limitations as may be imposed by law in the absence of any such provision; for any act constituting negligence, product liability, design defect or similar conduct exposing the City to a potential loss of property, personal injury liability or damages recoverable by law as direct and special damages for such conduct, or omission or activity. The provisions of this subsection shall not be construed to affect the ability of the City by contract or agreement to enter into terms or conditions relative to product warranty, guaranty or merchantability. The provisions of this subsection shall further not be construed to limit the ability of the City to obtain property or the use of any property through the acceptance of any conveyance other than a full bill of sale or warranty deed.

C. The City shall include in all contracts in which any person, firm, corporation or entity is acting or may act to provide goods or services or perform contracts on behalf of the City, including but not limited to public works contracts on behalf of the City; such terms and conditions requiring indemnification of the City or insurance providing coverage for the City with or without a policy or bond, as in the judgment of the Director and upon the recommendation of the contracting department of the City, shall be sufficient to provide adequate protection consistent with reasonable business requirements of the City in performance of a contract or work on behalf of the City. The City Attorney may publish and distribute to the various departments, divisions and functions of the City appropriate contract language and policy requirements to form part of City contracts and agreements.

D. Notwithstanding the foregoing, where it appears that there may be a colorable claim against the City of Phoenix which arises by reason of the acts or omissions of any legal entity, or other individual including the officers, directors or employees of such entity, acting for or on behalf of the City, the City Attorney may, where appropriate, tender the defense of such claim to such entity or individual or the insurance or indemnity provider for such individual or entity, where the best interests of the City indicate. (Ord. No. G-3536, § 1; Ord. No. G-4186, §§ 1, 2, 1999; Ord. No. G-4408, §§ 12, 13, 2002; Ord. No. G-5618, 2011)