Fiscal Note
The proposed resolution authorizes designated Information Technology staff to click on and accept the terms of End User License Agreements (EULA) in order to purchase or subscribe to software on behalf of the City, only after having unsuccessfully attempted to negotiate the terms of the EULA with the vendor and only upon receiving the City Attorney and Risk Manager’s approval to click through the terms and conditions in question. The fiscal impact depends on the particular claims or suits in which a vendor may seek indemnification; in which case the City may have coverage for such indemnification under the terms and conditions of its current insurance policies. Minor savings may be achieved from efficiencies gained in the purchasing process.
Title
Authorizing City staff to click to accept an End User License Agreement with Tableau Solutions, Inc. that includes indemnification of the software provider by the City.
Body
WHEREAS, software vendors frequently require the person who downloads or installs software for the first time to click on a set of legal terms and conditions referred to as a EULA or End User License Agreement; and,
WHEREAS, a EULA is a contract like any other contract; and,
WHEREAS, the Finance Department wishes to evaluate a software product called Tableau as a tool for data visualization; and,
WHEREAS, Tableau requires a person to click on a EULA in order to download the evaluation license and the vendor, Tableau Solutions, Inc. will not modify or negotiate the terms of its EULA during the evaluation phase; and,
WHEREAS, Tableau's EULA contains a clause warning that a person who clicks to accept the terms and downloads and uses the software on behalf of an entity must be authorized to sign for and bind the entity, and by doing so, they warrant that they have the right and authority to do so; and,
WHEREAS, pursuant to APM 1-1, City employees do not have authority to sign or otherwise enter into contracts on behalf of the Cit...
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