REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 4, 2026
FROM
DON LE, Chief Information Officer, Innovation and Technology Department
SUBJECT
Title
Termination of Developer Program License Agreement with Apple, Inc. for Application Software Development and Distribution
End
RECOMMENDATION(S)
Recommendation
Approve termination of non-financial Developer Program License Agreement No. 23-1013 with Apple, Inc. for application software development and distribution.
(Presenter: Don Le, Chief Information Officer, 388-5501)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as there is no cost or financial impact associated with the termination of the Developer Program License Agreement (Agreement) with Apple, Inc. (Apple). Any continued use of the application software will be contingent upon execution of a new contract processed in accordance with County Policy 11-05, and appropriate approval authority and budget availability, as applicable.
BACKGROUND INFORMATION
Several County departments develop software applications used in the provision of County services based on individual department needs. There are various distribution outlets that provide access to a wide variety of software applications, including the Apple App Store. Apple requires registration as an Apple Developer under its license to publish and support software applications, publicly or privately, via the App Store. Apple Developer is a program that provides ITD with development tools, application programming interfaces and other resources to create, manage and deploy applications in the App Store for consumers to utilize.
On June 22, 2021 (Item No. 48), the Board of Supervisors (Board) approved Apple Developer Program License Agreement No. 21-463, including non-standard terms, with Apple, for the creation of an Apple Developer Account to assist with the development and distribution of applications offered through the App Store. The Agreement was approved for an indefinite contract period.
On September 12, 2023 (Item No. 28), the Board ratified the action taken by the Chief Executive Officer on July 11, 2023, to electronically accept the non-financial Apple Agreement No. 23-1013, including non-standard terms, with Apple, beginning upon acceptance and continuing until terminated by either party. Agreement No. 23-1013 superseded Agreement No. 21-463.
On March 30, 2026, Apple made substantive changes to its Agreement, which superseded all prior versions. These changes include additional provisions, formatting changes, and the addition of three new attachments related to Apple’s energy management technology (EnergyKit) and the iPhone operating system (iOS) for use in Japan and China. The update to the Agreement became known to ITD in May 2026 as part of ITD’s annual term review prior to renewal. Although Agreement No. 23-1013 was automatically superseded by the updated Agreement, formal termination by the Board is still necessary to complete the County’s administrative record.
The new Agreement was approved by the Purchasing Department on May 19, 2026, in accordance with County Policy 11-05 and 11-05 SP and will remain in effect until terminated by either party.
PROCUREMENT
Not Applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Kaleigh Ragon, Deputy County Counsel, 387-5455) on July 10, 2026; Purchasing (Lisa Zhu, Buyer III, 388-0529) on July 13, 2026; and County Finance and Administration (Guy Martinez, Principal Administrative Analyst, 387-5428) on July 20, 2026.