AGREEMENT


THIS AGREEMENT made this day ______ of ______________ , 20__ between the County of Ulster, having its office of Information Services at 25 South Manor Avenue, Kingston, New York (hereinafter referred to as the "County") and _________________________________ having its principal place of business at ___________________________________________ (hereinafter referred to as the "Subscriber"), 

WHEREAS, the County, through its Department of Information Services (hereinafter referred to as UCIS) will provide the Subscriber with inquiry-only access to its on-line system and, 

WHEREAS, the Subscriber wishes to obtain inquiry-only access to the County's on-line system, 

NOW THEREFORE, it is mutually agreed between the parties as follows: 
 

1. SERVICES 

The County will provide the Subscriber with inquiry-only access to an on-line system as listed on Schedule B. 

The County, its officers, employees or agents will assume responsibility for: 

  1. Providing access to its host computer and on-line systems. 
  2. Ordering and supervising the installation of the dedicated telephone lines. 
  3. Ordering and supervising the removal of the dedicated telephone lines. If the alternative option of switch network or "dial-up" is chosen by Subscriber, then it is the Subscribers responsibility to call the telephone company in order to obtain or disconnect a dial line. There will be no supervision by UCIS for the dial-up option. 
  4. UCIS will assist with installation of RLINK communications software at no charge to the subscriber. RLINK is the only communications software supported by UCIS. 
  5. Providing the Subscriber with one manual of operation and instruction in the use of the County's on-line system. 
  6. Providing the Subscriber with one two-hour training class. Subscriber may send up to two employees to the training class. The training class shall be conducted at a date, time and location to be determined by UCIS. 
  7. Providing the Subscriber with limited consultation via telephone on specific problems that arise in the use of the system. 
  8. No requests for the customization of software will be entertained. 

  9.  
2. PAYMENT

The monthly charges provided for in this agreement commence on the effective date stated on the face hereof and will be invoiced as of the end of each month. Payment shall be made in full within thirty (30) days after receipt of invoice. 

The County reserves the right to suspend or terminate service to the Subscriber if the Subscriber's invoice is not paid within thirty (30) days after receipt of invoice, however, if suspended, the Subscriber is not relieved from the obligations set forth in this agreement, up to and including the date upon which the service is discontinued. 

All charges specified in Schedule A are those currently in effect and are subject to change. 
 

3. DAYS AND HOURS OF OPERATION

The Subscriber shall be able to access an on-line system, every day of the week, 24 hours a day, except: 

  1. for periods of preventive maintenance, and 
  2. for periods of remedial maintenance as may be required. 
The County reserves the right to reduce service levels during unusual circumstances such as, but not limited to, "brown-outs", emergency productions requirements mandated by law or to accommodate County productions requirements, intrusions against security, and adverse operational impacts beyond the control of County management. 

The "Customer Support Line", whereby the County provides consultation via telephone, will be staffed Monday through Friday from 9 a.m.- 5 p.m., excluding County holidays. 
 

4. SUBSCRIBER'S OBLIGATIONS

  1. It is the responsibility of the Subscriber to purchase the computer terminal or personal computer hardware and software and to make any modifications to their existing equipment which are necessary to effect access to the County system. This includes the purchase and installation of PC Anywhere remote diagnostic software. Any required software installations or troubleshooting work at locations where PC Anywhere has not been installed will be chargeable at the current technical support hourly rate. UCIS reserves the right not to provide on-site support at locations where PC Anywhere has not been installed. 
  2. The Subscriber shall be responsible for assuring the proper use, management and supervision of the machines and programs, audit controls, operating methods, office procedures, and for establishing the necessary controls over access to data. 
  3. The Subscriber is responsible for insuring that its location or its terminal is not used by unauthorized personnel to access information from the County system. Unauthorized personnel for the purposes of this contract shall be any person or entity not assigned a password. 
  4. The Subscriber is responsible for the payment of the inquiry and user fees for each inquiry made by, through or from its location or terminal, whether said inquiry is authorized or unauthorized, and all other obligations under this agreement. 
  5. Information accessed from the County system is for the use of the Subscriber in the ordinary course of his/her business. The information is not intended for or permitted to be used for commercial resale. 
  6. Subscriber is responsible for his/her security password and will be held responsible for any misuse thereof. Any misuse or attempted misuse of this County service or any breach or attempted breach of the security of the County system may result in immediate termination of this service without notice. The County may pursue any other remedy available to it at law or equity for such breach or misuse. 
  7. Maintenance of the Subscriber's equipment is the responsibility of Subscriber. Subscriber may contract separately with the County to have maintenance performed by UCIS staff. 

  8.  
5. INDEMNIFICATION BY SUBSCRIBER

Subscriber agrees to protect, defend, indemnify, and hold the County and its officers and employees free and harmless from and against any and all losses, claims, liens, demands and causes of action of every kind and character, including but not limited to the amount of judgements penalties, interest, court costs, legal fees incurred by the County arising in favor of any party, occurring in connection with, or arising, directly or indirectly, out of this agreement. 
 

6. WARRANTIES

The County does not expressly or implicitly warrant that the information or data accessed by Subscriber is accurate or correct. There are no express or implied warranties in connection with this service. In no event shall the County be responsible for an inability to provide such service at any time for any reason whatsoever. 
 

7. ASSIGNMENT

The Subscriber agrees not to assign any right or interest in this agreement. Any attempt by the Subscriber to transfer by any means, any of the rights, duties, or obligations of this agreement is null and void. 
 

8. TERM OF AGREEMENT

This agreement shall take effect on __________________ 20___ , and shall continue in full force and effect for a minimum period of not less than one (1) year. The Subscriber agrees to this one year minimum period, however the County may exercise its right to terminate the contract by giving to the Subscriber thirty (30) days notice in writing, addressed by registered or certified mail to the above-listed address, of its election to terminate. This does not preempt the County's additional right of immediate termination set forth in paragraphs 2 and 4(f) herein above. 
 

9. ENTIRE AGREEMENT

This agreement, along with attached referenced Schedules A and B, contains the entire understanding of the parties, there being no promises, warranties, or undertakings, written or oral, other than those expressly set forth herein. 

IN WITNESS WHEREOF, this agreement has been executed by the duly authorized officers of the respective parties. 
 
 
SUBSCRIBER COUNTY OF ULSTER

 

BY: ___________________________ 
Signature 
BY: ____________________________
Signature 
___________________________ 
Printed Name 
____________________________ 
Lee J. Taylor 
___________________________
Title
____________________________
Director, Information Services
___________________________ 
Date 
____________________________ 
Date 

 
 
 
 

______
Date
 __________________________________ 
Albert Spada, County Clerk 
______
Date
__________________________________ 
Lewis C. Kirschner, Treasurer 
______
Date
__________________________________ 
Dorothy Martin, RPTSA 
______
Date
__________________________________
Thomas Turco, BOE Commissioner 
______
Date
__________________________________ 
Harry M. Castiglione, BOE Commissioner 


SCHEDULE A


Monthly Fee $ 33.33/month (<2400 Transactions p/year)
$ 44.55/month (>2400 Transactions p/year)
Print Charges: 
    Labels
    Reports 
Based on separate schedule. Please consult with Customer Support
UCIS Field Personnel Time Contact Customer Support for Current Rate.


SCHEDULE B



1. On-line access to the following County data files is available: 

  • Voter Registration Records
  • County Clerk Cash Receipts Inquiry
  • Court Records Index Inquiry
  • Real Property Parcel Inquiry
  • Tax Map Compliance Inquiry
  • County Personnel Phone Directory
  • Property/School Tax Inquiry By Parcel/Owner
  • Unpaid Tax File Inquiry
  • Well and Sewer Files
2. Information from these files is via: 
  • Dial-in Access 
  • Custom Reports available at an additional fee