Final Acceptance Testing. Broward County Administrative Code Section 22.148 requires that all applicable software purchases be inspected and tested by the County, including verification by its Enterprise Technology Services (“ETS”), prior to final written acceptance of the software and software-related services. Within thirty (30) days following completion of all Services stated in Exhibit A relating to the installation, implementation, and integration of the Products and System provided under this Agreement, County shall conduct testing to determine whether the System: (i) properly functions with any applicable operating software; (ii) provides the capabilities stated in this Agreement and the Documentation; and (iii) if applicable, meets the acceptance criteria stated in the Statement of Work (the criteria referenced in (i), (ii), and (iii) are collectively referred to as the “Final Acceptance Criteria”). In the event of a conflict between the Documentation and the acceptance criteria stated in the Statement of Work, the Statement of Work shall prevail. Final payment shall not be made to Contractor prior to the written confirmation by the County’s Chief Information Officer or his or her designee that the Products and System have successfully passed the Final Acceptance Criteria, and such written confirmation shall constitute “Final Acceptance.” 6.2.1. The testing period shall commence on the first business day after Contractor informs County in writing that it has completed the Services required to be performed prior to testing and that the System is ready for testing, and shall continue for a period of up to thirty (30) days. During the testing period, County may notify Contractor in writing of any error or defect in the System so that Contractor may make any needed modifications or repairs. If Contractor so elects in writing, testing will cease until Contractor resubmits for Final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing. 6.2.2. County shall notify Contractor in writing of its Final Acceptance or rejection of the System, or any part thereof, within fifteen (15) days after the end of the testing period, as same may be extended or reset. If County rejects the System, or any part thereof, County shall provide notice identifying the criteria for Final Acceptance that the System failed to meet. Following such notice, Contractor shall have thirty (30) days to (a) modify, repair, or replace the System or any portion thereof, or (b) otherwise respond to County’s notice. If Contractor modifies, repairs, or replaces the System or portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this Section 6.2. 6.2.3. In the event Contractor fails to remedy the reason(s) for County’s rejection of the System, or any part thereof, within ninety (90) days after County’s initial notice of rejection, County may elect, in writing, to either accept the System as it then exists or to reject the Software and terminate the Agreement or applicable Work Authorization. If County elects to reject the System and terminate the Agreement or applicable Work Authorization, all sums paid by County under the Agreement or applicable Work Authorization shall be reimbursed to County by Contractor within fifteen (15) days after such election is made. If County elects to accept the System as it then exists (partial acceptance), Contractor shall continue to use its best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, Contractor fails to remedy the issue(s) identified by County within a reasonable time as determined by County, then County shall be entitled to deduct from future sums due under the Agreement the value of the rejected portion of the System as mutually determined by the Parties. If the Parties cannot agree upon such value, County shall have the right to reject the System and terminate the Agreement or applicable Work Authorization on the terms stated above in this paragraph.
Appears in 2 contracts
Samples: Technology Products Agreement, Technology Products Agreement
Final Acceptance Testing. Broward County Administrative Code Section 22.148 requires that all applicable software purchases be inspected and tested by the County, including verification by its Enterprise Technology Services (“ETS”), prior to final written acceptance of the software and software-related services. Within thirty (30) days following completion of all Services stated in Exhibit A relating to the installation, implementation, and integration of the Products and System provided under this Agreement, County shall conduct testing to determine whether the System: (i) properly functions with any applicable operating software; (ii) provides the capabilities stated in this Agreement and the Documentation; and (iii) if applicable, meets the acceptance criteria stated in the Statement of Work (the criteria referenced in (i), (ii), and (iii) are collectively referred to as the “Final Acceptance Criteria”). In the event of a conflict between the Documentation and the acceptance criteria stated in the Statement of Work, the Statement of Work shall prevail. Final payment shall not be made to Contractor prior to the written confirmation by the County’s Chief Information Officer or his or her designee that the Products and System have successfully passed the Final Acceptance Criteria, and such written confirmation shall constitute “Final Acceptance.””
6.2.1. The testing period shall commence on the first business day after Contractor informs County in writing that it has completed the Services required to be performed prior to testing and that the System is ready for testing, and shall continue for a period of up to thirty (30) days. During the testing period, County may notify Contractor in writing of any error or defect in the System so that Contractor may make any needed modifications or repairs. If Contractor so elects in writing, testing will cease until Contractor resubmits for Final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing.testing.
6.2.2. County shall notify Contractor in writing of its Final Acceptance or rejection of the System, or any part thereof, within fifteen (15) days after the end of the testing period, as same may be extended or reset. If County rejects the System, or any part thereof, County shall provide notice identifying the criteria for Final Acceptance that the System failed to meet. Following such notice, Contractor shall have thirty (30) days to (a) modify, repair, or replace the System or any any portion thereof, or (b) otherwise respond to County’s notice. If Contractor modifies, repairs, or replaces the System or portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this Section 6.2.
6.2.3. In the event Contractor fails to remedy the reason(s) for County’s rejection of the System, or any part thereof, within ninety (90) days after County’s initial notice of rejection, County may elect, in writing, to either accept the System as it then exists or to reject the Software and terminate the Agreement or applicable Work Authorization. If County elects to reject the System and terminate the Agreement or applicable Work Authorization, all sums paid by County under the Agreement or applicable Work Authorization shall be reimbursed to County by Contractor within fifteen (15) days after such election is made. If County elects to accept the System as it then exists (partial acceptance), Contractor shall continue to use its best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, Contractor fails to remedy the issue(s) identified by County within a reasonable time as determined by County, then County shall be entitled to deduct from future sums due under the Agreement the value of the rejected portion of the System as mutually determined by the Parties. If the Parties cannot agree upon such value, County shall have the right to reject the System and terminate the Agreement or applicable Work Authorization on the terms stated above in this paragraph.paragraph. CONFIDENTIAL INFORMATION, PROPRIETARY RIGHTS, SECURITY REQUIREMENTS
Appears in 1 contract
Samples: Technology Products Agreement
Final Acceptance Testing. Broward County Administrative Code Section 22.148 requires that all applicable software purchases be inspected and tested by the County, including verification by its Enterprise Technology Services (“"ETS”"), prior to final written acceptance of the software and software-related services. Within thirty (30) days following completion of all Services stated in Exhibit A relating to the installation, implementation, installation and integration of the Products and System provided under this AgreementSystem, County shall conduct testing test the System to determine whether the System: (i) properly functions with any applicable operating software; (ii) provides the capabilities stated in this Agreement and the Documentation; and (iii) if applicable, meets the acceptance criteria stated in the Statement of Work (the criteria referenced in (i), (ii), and (iii) are collectively referred to as the “"Final Acceptance Criteria”"). In the event of a conflict between the Documentation and the acceptance criteria stated in the Statement of Work, the Statement of Work shall prevail. Final payment shall not be made to Contractor Provider prior to the written confirmation by the County’s 's Chief Information Officer or his or her designee that the Products and System have has successfully passed the Final Acceptance Criteria, and such written confirmation shall constitute “"Final Acceptance.”"
6.2.1. 7.2.1 The testing period for each Release (as identified in Exhibit A) shall commence on the first business day after Contractor Provider informs County in writing that it has completed the Services required to be performed for the applicable Release prior to testing and that the System Release is ready for testing, and shall continue for a period of up to thirty (30) days. .
7.2.2 During the applicable testing period, County may notify Contractor Provider in writing of any error or defect in the System or the Release, based on the PRD, Statement of Work, and all test scripts, so that Contractor Provider may make any needed modifications or repairs. If Contractor Provider so elects in writing, testing will cease until Contractor resubmits for Final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing.in
6.2.2. 7.2.3 County shall notify Contractor Provider in writing of its Final Release Acceptance or rejection of the Systemapplicable Release, or any part thereof, within fifteen (15) days after the end of the applicable testing period, as same may be extended or reset. If County rejects the SystemRelease, or any part thereof, based on any of the requirements outlined in the PRD, Statement of Work, and all test scripts, County shall provide notice identifying the criteria for Final Release Acceptance that the System Release failed to meet. Following such notice, Contractor Provider shall have thirty (30) days to (a) modifymodify or repair the Release, repairSystem, or replace the System or any portion thereof, or (b) otherwise respond to County’s 's notice. If Contractor modifiesProvider modifies or repairs the Release, repairsSystem, or replaces the System or portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this Section 6.2.7.3. If County fails to notify Provider in writing of a decision within fifteen (15) days after the end of the applicable testing period, Provider may make a written request to the Contract Administrator for a determination of acceptance or rejection of the Release or System. If the Contract Administrator does not make a determination within twenty (20) days of Provider's written notification, the applicable Release shall be deemed accepted and Provider may invoice County for the applicable Holdback amounts for that Release as identified in Exhibit B.
6.2.3. 7.2.4 In the event Contractor Provider fails to remedy the reason(s) for County’s 's rejection of the SystemRelease, or any part thereof, within ninety (90) days after County’s 's initial notice of rejection, County may elect, in writing, to either accept the Release or System as it then exists or to reject the Software Release and terminate the Agreement or applicable Work Authorization. If County elects to reject the System a Release in whole or in part and terminate the Agreement or applicable Work Authorization, Provider will not invoice for and County will not be obligated to pay all sums paid by County under Holdback amounts identified in Exhibit B for the Agreement or applicable Work Authorization shall be reimbursed to County by Contractor within fifteen (15) days after such election is madeRelease(s). If County elects to accept the Release or System as it then exists (partial acceptance), Contractor Provider shall continue to use its best efforts to remedy the items identified in the applicable notice notice(s) of rejection. If, despite such continuing best efforts, Contractor Provider fails to remedy the issue(s) identified by County within a reasonable time as determined by County, then Provider will not invoice for and County shall will not be entitled obligated to deduct from future sums due under pay the Agreement applicable Holdback amounts identified in Exhibit B for the value applicable Release(s) that failed to achieve Release Acceptance. Notwithstanding the foregoing, if County xxxxxx written notice of the rejected portion of Release Acceptance for all three (3) Releases, the System as mutually determined by the Parties. If the Parties cannot agree upon such value, County shall have the right will be deemed to reject the System and terminate the Agreement or applicable Work Authorization on the terms stated above in this paragraphachieve Final Acceptance.
Appears in 1 contract
Samples: System and Services Agreement
Final Acceptance Testing. Broward County Administrative Code Section 22.148 requires that all applicable software purchases be inspected and tested by the County, including verification by its Enterprise Technology Services (“ETS”), prior to final written acceptance of the software and software-related services. Within thirty (30) days following completion of all Services stated in Exhibit A relating to the installation, implementation, and integration of the Products and System provided under this Agreement, County shall conduct testing to determine whether the System: (i) properly functions with any applicable operating software; (ii) provides the capabilities stated in this Agreement and the Documentation; and (iii) if applicable, meets the acceptance criteria stated in the Statement of Work (the criteria referenced in (i), (ii), and (iii) are collectively referred to as the “Final Acceptance Criteria”). In the event of a conflict between the Documentation and the acceptance criteria stated in the Statement of Work, the Statement of Work shall prevail. Final payment shall not be made to Contractor prior to the written confirmation by the County’s Chief Information Officer or his or her designee that the Products and System have successfully passed the Final Acceptance Criteria, and such written confirmation shall constitute “Final Acceptance.”
6.2.1. The testing period shall commence on the first business day after Contractor informs County in writing that it has completed the Services required to be performed prior to testing and that the System is ready for testing, and shall continue for a period of up to thirty (30) days. During the testing period, County may notify Contractor in writing of any error or defect in the System so that Contractor may make any needed modifications or repairs. If Contractor so elects in writing, testing will cease until Contractor resubmits for Final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing.
6.2.2. County shall notify Contractor in writing of its Final Acceptance or rejection of the System, or any part thereof, within fifteen (15) days after the end of the testing period, as same may be extended or reset. If County rejects the System, or any part thereof, County shall provide notice identifying the criteria for Final Acceptance that the System failed to meet. Following such notice, Contractor shall have thirty (30) days to (a) modify, repair, or replace the System or any portion thereof, or (b) otherwise respond to County’s notice. If Contractor modifies, repairs, or replaces the System or portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this Section 6.2.provide
6.2.3. In the event Contractor fails to remedy the reason(s) for County’s rejection of the System, or any part thereof, within ninety (90) days after County’s initial notice of rejection, County may elect, in writing, to either accept the System as it then exists or to reject the Software or Subscriptions and terminate the Agreement or applicable Work Authorization. If County elects to reject the System and terminate the Agreement or applicable Work Authorization, all sums paid by County under the Agreement or applicable Work Authorization shall be reimbursed to County by Contractor within fifteen (15) days after such election is made. If County elects to accept the System as it then exists (partial acceptance), Contractor shall continue to use its best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, Contractor fails to remedy the issue(s) identified by County within a reasonable time as determined by County, then County shall be entitled to deduct from future sums due under the Agreement the value of the rejected portion of the System as mutually determined by the Parties. If the Parties cannot agree upon such value, County shall have the right to reject the System and terminate the Agreement or applicable Work Authorization on the terms stated above in this paragraphsection.
Appears in 1 contract
Samples: Technology Products Agreement
Final Acceptance Testing. Broward County Administrative Code Section 22.148 requires that all applicable software purchases be inspected and tested by the County, including verification by its Enterprise Technology Services (“ETS”), prior to final written acceptance of the software and software-related services. Within thirty (30) days following completion of all Services stated in Exhibit A relating to the installation, implementation, and integration of the Products and System provided under this Agreement, County shall conduct testing to determine whether the System: (i) properly functions with any applicable operating software; (ii) provides the capabilities stated in this Agreement and the Documentation; and (iii) if applicable, meets the acceptance criteria stated in the Statement of Work (the criteria referenced in (i), (ii), and (iii) are collectively referred to as the “Final Acceptance Criteria”). In the event of a conflict between the Documentation and the acceptance criteria stated in the Statement of Work, the Statement of Work shall prevail. Final payment shall not be made to Contractor prior to the written confirmation by the County’s Chief Information Officer or his or her designee that the Products and System have successfully passed the Final Acceptance Criteria, and such written confirmation shall constitute “Final Acceptance.”
6.2.1. The testing period shall commence on the first business day after Contractor informs County in writing that it has completed the Services required to be performed prior to testing and that the System is ready for testing, and shall continue for a period of up to thirty (30) days. During the testing period, County may notify Contractor in writing of any error or defect in the System so that Contractor may make any needed modifications or repairs. If Contractor so elects in writing, testing will cease until Contractor resubmits for Final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing.so
6.2.2. County shall notify Contractor in writing of its Final Acceptance or rejection of the System, or any part thereof, within fifteen (15) days after the end of the testing period, as same may be extended or reset. If County rejects the System, or any part thereof, County shall provide notice identifying the criteria for Final Acceptance that the System failed to meet. Following such notice, Contractor shall have thirty (30) days to (a) modify, repair, or replace the System or any portion thereof, or (b) otherwise respond to County’s notice. If Contractor modifies, repairs, or replaces the System or portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this Section 6.2.
6.2.3. In the event Contractor fails to remedy the reason(s) for County’s rejection of the System, or any part thereof, within ninety (90) days after County’s initial notice of rejection, County may elect, in writing, to either accept the System as it then exists or to reject the Software and terminate the Agreement or applicable Work Authorization. If County elects to reject the System and terminate the Agreement or applicable Work Authorization, all sums paid by County under the Agreement or applicable Work Authorization shall be reimbursed to County by Contractor within fifteen (15) days after such election is made. If County elects to accept the System as it then exists (partial acceptance), Contractor shall continue to use its best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, Contractor fails to remedy the issue(s) identified by County within a reasonable time as determined by County, then County shall be entitled to deduct from future sums due under the Agreement the value of the rejected portion of the System as mutually determined by the Parties. If the Parties cannot agree upon such value, County shall have the right to reject the System and terminate the Agreement or applicable Work Authorization on the terms stated above in this paragraphsection.
Appears in 1 contract
Samples: Technology Products Agreement
