Broward County Commission Regular Meeting


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AI-24659 47.       
Meeting Date: 06/13/2017  
Director's Name: George Tablack
Department: Finance & Administrative Services Division: Enterprise Technology Services

Information
Requested Action
MOTION TO AUTHORIZE Director of Purchasing to approve and execute any required agreements, including those referred to as "click thru” agreements within the mobile software (application or app) industry and subsequent changes thereto without formal amendments, including non-standard terms and conditions in app terms of service, developer agreements, or other agreements with app stores such as, but not limited to, Apple Inc. (Apple App Store or iTunes Store) and Google Inc. (Google Play), for the distribution of apps, subject to County Attorney’s Office review of such agreements as to form and legal sufficiency; and to delegate authority to distribute apps on behalf of Broward County to the Chief Information Officer (CIO) of the Enterprise Technology Services Division (ETS), subject to prior technical and security review of the apps by ETS and prior review and approval of the County terms of use for the app by the County Attorney’s Office.

ACTION:  (T-10:35 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
Board authorization is required for the Director of Purchasing to approve any changes to contracts, which may be amended without formal amendment as otherwise required by Section 21.47 of the Procurement Code.
What Action Accomplishes
Provides authorization to the Chief Information Officer to distribute mobile applications (“apps”) on behalf of Broward County through the app stores such as Apple iTunes Store and Google Play, and establishes a process and gatekeeper for app purchases and development.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT/ENTERPRISE TECHNOLOGY SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the Board's Value and Goals for "Consistently delivering responsive, efficient, quality services to the public and internal customers." Mobile apps offer the ability to enhance the experiences of Broward County residents with state of the art and County-branded mobile applications, as well as provide efficiency and additional resources for County business.

This motion will authorize the Director of the Purchasing Division to distribute apps for Broward County in the app stores, including without limitation the app stores of Apple Inc. (Apple App Store or iTunes Store) and Google Inc. (Google Play). Each app purchase may be subject to the terms and conditions of the app store, as well as additional terms and conditions within the app itself. Each app developed by or for the County and distributed through an app store is subject to agreement terms with the app store; in addition, County apps may require terms of use to be incorporated into the app and imposed by Broward County on users of the app.

The Director of Purchasing will designate the Chief Information Officer (CIO) of the Enterprise Technology Services Division (ETS) or his or her designee as the primary account manager for the required accounts with the app stores (e.g., “Enterprise Administrator” for Google and “Team Agent” for Apple). The CIO will serve as the gatekeeper and provide technical and security review for any applications developed by or on behalf of the County for publication with any app store.

The Director of Purchasing shall approve and execute the terms of use agreements, license agreements, developer agreements, click thru agreements, privacy policies, and any other agreements necessary for distribution of apps upon technical and legal review and approval by the CIO and the Office of the County Attorney. These agreements typically include non-standard provisions that cannot be negotiated by the County, including provisions that allow the app store to modify the terms simply by giving notice of the updated or amended terms (See Sample Agreements, Exhibits 1 and 2). The CIO will establish processes and procedures to periodically review the relevant terms and conditions of use for the app stores and the apps, and any amendments or modifications of any of the foregoing (See Apps Protocol, Exhibit 3).
Source of Additional Information
John Bruno, Chief Information Officer, Enterprise Technology Services Division, 954-357-8821

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact.
Attachments
Exhibit 1 - Sample Apple Inc. Agreement
Exhibit 2 - Sample Google Inc. Agreement
Exhibit 3 - Mobile Apps Protocol


    

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