AIMS System and Services Agreement Page 10 of 60
2.45 Work Authorization: means a written authorization substantially in the
appropriate form attached as Exhibit I, authorizing Optional Services identified in
Exhibit M, and in accordance with Article 9, hereof.
ARTICLE 3
REQUEST FOR PROPOSAL
The parties understand that the System Agreement and the License Agreement are the
result of County’s procurement process. County published a Request for Proposal
designated as Airport Information Management System, RFP No. 20070514-0-AV-01,
which together with other subsequent documentation (all hereinafter "RFP") described
and set forth the standards and requirements for the System and the contractual
relationship to be entered into and to which the parties agree reference can be made as
if the RFP and other documentation are set forth fully herein. After the review of the
responses, County selected Contractor as the entity that best met its criteria for the
above and with whom it would negotiate for the System Services and the Software
License and Maintenance Services. The parties agree reference can be made to
Contractor’s responses to the RFP as if Contractor’s responses to the RFP are set forth
fully herein. Contractor understands that County, after entering into this System
Agreement and the License Agreement, has no need for Contractor’s products nor for
the products of third parties, both Goods and intangible properties, unless the System
performs as represented nor does it need the Services if it does not accept the System
and unless the Acceptance Criteria described and set forth in the System Agreement
are met. Contractor acknowledges that County’s acquisitions made as a part of the
Agreement are subject to the Acceptance Criteria described and set forth in the System
Agreement being met and such is an essential element and condition of the System
Agreement.
ARTICLE 4
RESOLUTION NO. 95-937
Resolution No. 95-937, of the Board of County Commissioners of Broward County,
Florida, relating to County’s Computer Software Policy, established a requirement for
inspection of all computer application Software purchased or developed for County by
third parties costing over Twenty Thousand Dollars ($20,000.00) prior to its acceptance
by County. Contractor recognizes that all computer application Software purchased or
licensed by County from Contractor, and without limiting the foregoing, in particular, the
System, shall be inspected and tested by County’s Office of Information Technology
prior to acceptance of the System. Also, all contracts with third parties for the purchase
of computer application Software costing more than Twenty Thousand Dollars
($20,000.00) shall include clauses providing (i) for inspection and testing by the Office
of Information Technology of such computer application Software prior to formal
acceptance of that Software by County, and (ii) that final payment shall not be made
prior to formal acceptance of the System by County. The Office of Information
Technology will utilize the standards for acceptance set forth and described in the
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