Title
Authorizing the Office of Technology and Communications to enter into an agreement with Apple for use of their Device Enrollment and Volume Purchase Programs.
Body
WHEREAS, the Office of Technology and Communications is in the process of implementing a Mobile Device Management solution for smart phones and tablet devices (i.e., iPhones, iPads, etc.) used by City employees in the conduct of city business, using a solution from AirWatch; and
WHEREAS, OTC has determined that various department business requirements make it desirable to use Apple’s Device Enrollment in order to properly manage and secure the devices; and
WHEREAS, Apple enrollment requires a “click-through” acceptance of standard terms and conditions, which the company will not alter; and
WHEREAS, one of the terms is an indemnification clause which requires the City to “agree to indemnify and hold Apple, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Apple by any third party due to or arising out of or in connection with your use of the Site”; and
WHEREAS, the Device Enrollment program is a major component in the way OTC wishes to manage Apple devices within the City, and will increase efficiency, security and service for those devices; and
WHEREAS, the City Council finds that the promise of indemnification is appropriate to obtain the optimal mobile device management; and
WHEREAS, the Device Enrollment Agreement also requires that any litigation be subject to California law and venue, and the City Attorney’s Office has advised that it will accept the restriction if the Office of Technology and Communications accepts responsibility for any additional costs associated with the choice of venue; now, therefore, be it
RESOLVED, that the Office of Technology and Communications is authorized to accept the Terms of Use for the Apple Device Enrollment Program.