made between Power County, a political subdivision of the State of
Idaho (“COUNTY”) and _______________________________ (“USER”)
the COUNTY maintains computerized records of Power County real
property assessments, transfers, tax records and Clerk’s recording.
the USER desires to have use of such records in the conduct of their
business operations and through remote control access, and
the COUNTY desires to allow USERS remote terminal access at no cost
to the COUNTY (except for incidental operation expenses of the
expenses of the electricity to operate the equipment and maintenance
costs), it is understood by USER being given remote terminal access,
the COUNTY will save money and time in costs of personnel, telephone,
and other equipment and usage, now therefore,
and USER agree as follows:
USER shall install, at their own cost, the equipment necessary for
internet access with a static IP address, the client software needed
to access the COUNTY network, the Client Access Licenses needed to
access the COUNTY server and software programs. COUNTY agrees to
provide access to the USER location via terminal services. COUNTY
does not guaranty uptime or performance with, although every effort
will be made to deliver responsible performance and high
USER shall pay to the COUNTY subscription fees as described below:
for each concurrent connection $50.00 per month ($600.00 annual*).
Setup Fee of $100 per concurrent connection (Includes
one computer setup). (Payable
to Computer Arts, Inc.)
fee includes one-hour for setup time. Computers requiring
additional time for setup will be billed at $80 per hour.
the initial setup of the concurrent connection(s), the authorized
technical contact is allowed to install the client on other computers
within the physical location to share the concurrent connection(s).
Subscription fees may be paid monthly, quarterly or annually.
Method of payment and number of connections desired by USER are set
forth in Exhibit A attached hereto and made a part hereof.
shall be responsible for any other expense or cost directly
attributable to USER.
COUNTY’S determination of cost shall be final and binding. In the
event USER disagrees with COUNTY’S determination as to the amounts
owed by USER in connection with this Agreement, USER shall set forth
the complaint or disagreement fully in writing and direct the
complaint to COUNTY. COUNTY shall examine the complaint and make any
necessary adjustments. In the event the USER’S complaint or
disagreement cannot be resolved in this manner, COUNTY’S
determination as to charges owed by USER will be final and binding.
The following data and information shall be made available to:
COMPANIES & REALTORS
data access from Parcel Master.
information, by name, and by instrument number.
information as approved by the COUNTY.
shall designate passwords for the individual USER. Access shall be
given to USER from 9:00 a.m. to 5:00 p.m., on regular business days.
COUNTY reserves the right to change the specified hours as needed and
upon notification to USER.
This Agreement shall be binding upon both parties from the date of
installation through the next following September. Thereafter, this
Agreement may be renewed for additional one year terms upon the USER
sending COUNTY written notice at least thirty days prior to the
natural termination hereof, of its desire to renew, accompanied by
pre-payment of the subscription fees. If COUNTY agrees to renew,
this agreement shall be binding on both parties for a period of
twelve (12) months, with no further action by either party. If
COUNTY chooses not to renew, it shall advise USER, in writing of its
intent not to renew, which notice must be mailed prior to the
natural termination date, after which this agreement shall terminate
at the natural termination date. COUNTY may advise USER that it
chooses not to renew unless terms of this agreement are amended. If
no amended Agreement is arrived at between the parties, this
agreement shall terminate at the natural termination date.
This Agreement may be terminated immediately by COUNTY for breach
of this Agreement by USER and either party may terminate this
agreement by thirty (30) days written notice of termination to the
DESIGNATED ACCESS PERSON OR PEOPLE:
Each USER shall designate authorized users who shall be
specifically trained to use the access service. It is the intent of
the parties that each authorized user shall have single access
service to limit the number of persons with knowledge of passwords.
Agreement is made upon the express conditions that time and
punctuality of performance of the conditions are of the essence and
a material part of this Agreement. In the event of default, the
non-defaulting party shall have any and all remedies as may be
provided by law including the right of immediate termination of
USER violate the terms of this Agreement, the COUNTY shall have the
exclusive right to immediately terminate said USER from the system
by deletion of USER’S passwords, or otherwise.
USER agrees not to use information obtained from County data for
mailing or telephone lists. Nor shall USER allow any third
parties to obtain information from their sites. Sharing of any
information gathered with such an act shall constitute a material
breach of the Agreement and allow the COUNTY immediate right to
terminate the Agreement without further notice.
USER agrees not to access any information other than that
delineated in Paragraph 3. Accessing any information other than
that provided in Paragraph 3 shall be considered a material breach
of contract allowing COUNTY to terminate the Agreement without
To maintain security, it is imperative that only authorized
personnel be permitted to access COUNTY records. For purposes of
this Agreement, “Authorized Personnel” is defined as current
employees of USER who have received USER’S written authorization
to access COUNTY records and whose names and company addresses
have been provided to COUNTY*. If any person(s) other than
Authorized Personnel are permitted access by USER or through
USER’S access password, USER will be considered in material
breach of this Agreement.
Authorized Personnel’s name and company addresses are set forth in
Exhibit B attached hereto as made a part hereof.
The parties do hereby expressly agree and acknowledge that the
COUNTY makes no warranty or representation as to the accuracy,
correctness, current status of the records or documents obtained
hereunder. The COUNTY does hereby specifically disclaim any and all
such representations and warranties. USER acknowledges and agrees
that it is accessing and utilizing such records and documents at its
All covenants and agreements herein contained shall extend to and
be obligatory upon USER’S successors and assigns.
It is mutually agreed by and between the parties hereto that:
paragraph captions in this Agreement are for convenience only and
shall not in any way limit or be deemed to construe or interpret
the terms and provisions hereof.
Agreement shall be construed and enforced in accordance with the
laws of the State of Idaho.
This Agreement constitutes the entire agreement between the
parties. There are no verbal agreements. Any modifications of this
agreement must be in writing.
USER agrees to comply with all federal, state, city and local laws,
rules and regulations.
In the event an action is brought to enforce any of the terms
and/or covenants of this Agreement, the prevailing party shall be
entitled to recover from the offending party all costs and expenses
including, but not limited to a reasonable attorneys’ fee, which
the prevailing party may incur in such enforcement, or in pursuance
or any remedy allowed by law, whether incurred by the filing of a
suit or otherwise.
this ______ day of _____________________, 20___.
Xxxxxxx, Chairperson ____________________________________
Fees will be paid annually.
out the information below for your physical location:
Contact Person Phone Number:____________________________
Contact Person E-Mail:__________________________________
signatures from each person in your Company that will be accessing
County records through terminal services. This attachment can be
faxed upon request, but will require the return
the hard copy.