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:
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Providing access to its host computer and on-line systems.
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Ordering and supervising the installation of the dedicated telephone lines.
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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.
-
UCIS will assist with installation of RLINK communications software at
no charge to the subscriber. RLINK is the only communications software
supported by UCIS.
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Providing the Subscriber with one manual of operation and instruction in
the use of the County's on-line system.
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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.
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Providing the Subscriber with limited consultation via telephone on specific
problems that arise in the use of the system.
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No requests for the customization of software will be entertained.
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:
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for periods of preventive maintenance, and
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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:
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Voter Registration Records
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County Clerk Cash Receipts Inquiry
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Court Records Index Inquiry
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Real Property Parcel Inquiry
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Tax Map Compliance Inquiry
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County Personnel Phone Directory
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Property/School Tax Inquiry By Parcel/Owner
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Unpaid Tax File Inquiry
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Well and Sewer Files
2. Information from these files is via:
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Dial-in Access
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Custom Reports available at an additional fee
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