City of Madison, Wisconsin | Legislative Information Center
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File #: 59191    Version: 1 Name: Social Media Legal Agreements
Type: Resolution Status: Passed
File created: 1/17/2020 In control: Department of Information Technology
On agenda: 3/17/2020 Final action: 3/17/2020
Enactment date: 3/20/2020 Enactment #: RES-20-00213
Title: Authorizing staff designated by the Information Technology Director to click on legal terms and conditions for social media accounts and services available for purchase from social media providers, such as Facebook Ads, and authorizing indemnification of the social media provider by the City.
Sponsors: Shiva Bidar, Keith Furman
Fiscal Note
The proposed resolution authorizes Information Technology staff to accept legal terms of social media platforms. Any City agency purchasing additional services available from the social media company will be funded by that agency’s own 2020 Adopted Operating Budget. No additional City appropriation is required.
Title
Authorizing staff designated by the Information Technology Director to click on legal terms and conditions for social media accounts and services available for purchase from social media providers, such as Facebook Ads, and authorizing indemnification of the social media provider by the City.
Body
A RESOLUTION Authorizing staff designated by the Information Technology Director to click on legal terms and conditions for social media accounts and services available for purchase from social media providers, such as Facebook Ads, and authorizing indemnification of the social media provider by the City.

WHEREAS, The City as a whole and individual departments benefit from the use of various social media accounts to share information with the public about a wide variety of important city topics; and

WHEREAS, in order to establish and maintain such social media accounts, City staff would be required to click to agree with certain legal terms, privacy policies and other contractual materials, and City employees do not have authority to bind the City to any contract absent specific authority from the Common Council; and

WHEREAS, such legal terms often include clauses requiring the City, as customer, to indemnify, defend and hold harmless the legal entity that operates the social media platform against various claims, losses and expenses, and such clauses are non-negotiable; and

WHEREAS, while indemnification clauses increase the City’s exposure to risk, the City may have coverage for such indemnification under its current insurance policies, subject to the policies’ terms and conditions, the actual wording of the clause in question, and th...

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