File #: 2022-158    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 2/23/2022 In control: City Council
On agenda: 4/5/2022 Final action:
Title: CONSIDER APPROVING THE APPLE PROGRAM LICENSE AGREEMENT (CITY COUNCIL)
Sponsors: Community Services
Attachments: 1. Exhibit 1 - Apple-Developer-Program-License-Agreement-20211213-English
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Report to Mayor and City Council
Tuesday, April 05, 2022
Consent


SUBJECT:
Title
CONSIDER APPROVING THE APPLE PROGRAM LICENSE AGREEMENT (CITY COUNCIL)

Body
I. SUMMARY

In December 2021, ActiveNet was launched and officially announced as the City of Carson's platform for online registrations and reservations. Though readily accessible on any computer and search engine, Apple users are unable to download the Captivate App that would allow potential participants to view programs, register, and make payments. To provide this accessibility, staff has been working with Apple to, among many things, register with the company, create an Apple ID, and agree to the terms of the Apple Developer Program License Agreement. During negotiations with the company, the City Attorney requested the removal of Apple's indemnification clause, which if not removed, requires City to indemnify Apple in connection with various different scenarios. However, Apple does not accept changes to its License Agreement as a matter of practice. The City Council is now asked to consider approving the Apple Program License Agreement in the form Apple uses for all of its business relations. There is no cost associated with the recommendation or License Agreement, but the City Council is being asked to approve the agreement due to the indemnity clause and limited signing authority limitations of City Management for such agreements.

II. RECOMMENDATION
Recommendation

1. APPROVE the Apple Program License Agreement.

2. AUTHORIZE the City Manager to execute the agreement.

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III. ALTERNATIVES

1. DO NOT APPROVE the Apple Program License Agreement.

2. TAKE another action the City Council deems appropriate and consistent with the requirements of the law.





IV. BACKGROUND

Since the implementation of ActiveNet, staff has been working toward making the platform informative, user-friendly, and accessible for Carson residents. Part of pursuing this enhanced experience has been the implementati...

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