Fiscal Note
The fiscal impact depends on particular claims or suits in which a vendor may seek indemnification; in which case the City may have coverage for such indemnification under its current insurance policies.
Title
Authorizing certain staff to click or agree to certain agreements for the purchase or use of software and other technology services up to $25,000, and amending Resolution No. RES-17-00762 accordingly.
Body
All City agencies and operations require technology to function, and requests for new software and technology are made daily. All software or online technology requires the user to click on a set of legal terms online, commonly referred to as an End User License Agreement (“EULA”), Terms of Service or Terms of Use (TOS).
On-premise software, software-as-a-service (SaaS), cloud hosting and web-based services are the most commonly requested technology and must be approved by City IT. Some services are only available via a website, but don’t involve software or a network connection. These services also require the user to click on non-negotiable legal terms, in violation of city policies. Examples are online training courses, webinars, subscriptions to research databases, or services like Stamps.com. Even setting up an account to buy office supplies online requires the office manager to bind the City to legal terms and click to agree.
Most software is now hosted in the cloud, by the vendor or data centers such as Amazon AWS or the Microsoft cloud. The legal terms for hosting often require the City to grant the vendor certain licensing rights in our data, so they can provide the service. Some data access is appropriate, but City staff are not vested with the authority to grant such a license.
Some technology is requested to accept online payments from the public, including a review for Payment Card Industry (PCI) compliance that must be made by the City Treasurer (see MGO 3.055(1).)
MGO 39.02(9)(b) requires a nondiscrimination clause in...
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