ACCESS IDAHO SERVICES AGREEMENT
This Access Idaho Services Agreement (“Agreement”) is between the State of Idaho,
Department of Administration, Office of the Chief Information Officer (“OCIO”), whose address
is 650 W. State Street, Boise, Idaho 83720-0042, and the Idaho Information Consortium
(“Contractor”), whose address is 999 Main Street, Suite 910, Boise, Idaho 83702, for services
described in this Agreement. The Contractor agrees to undertake performance of this Agreement
under the terms and conditions set forth herein.
In order to provide citizen access and increased customer service, the State of Idaho (“State”) is
committed to continuing its support of online applications and websites, while moving forward
with new and innovative online applications. Citizens expect to be able to conduct business
electronically with the government. The Internet, in particular, provides a means for
communications and interactions with government to take place more efficiently and with
increased levels of customer service. As the public becomes accustomed to conducting
transactions over the Internet, demand continues to increase for government to deliver more of
its services and information through that medium. The State has been servicing its citizens by
providing electronic access to government services and information through an online
transactions and citizen information service referred to as “Access Idaho.” The OCIO has been
providing Internet Portal services via Access Idaho for the State of Idaho on a budget neutral
basis since 1999 to all executive and public agencies of the State of Idaho and desires to continue
This Agreement is entered into pursuant to Idaho Code § 67-5718 and the IDAPA Rules of the
State Division of Purchasing (“IDAPA Rule”). If there is a conflict between this Agreement and
the statutes or IDAPA Rules, the statutes and the IDAPA Rules shall take precedence.
TERM OF AGREEMENT
This Agreement shall commence on July 1, 2008, and expire on June 30, 2011, with the option
for two (2) two (2) year extensions, the exercise of which will be in writing by the parties, or
unless terminated earlier in accordance with this Agreement. Any extensions beyond June 30,
2011 will be by mutual agreement.
This Agreement will be administered by the OCIO in consultation with the Access Idaho
Steering Committee. As new services and transactions for Access Idaho are identified, the
Contractor will work with the Access Idaho Steering Committee and the participating State
agency or agencies to create a Service Level Agreement (“SLA”).
This Agreement shall be considered the Master Agreement for all existing and future SLAs.
SLAs shall be deemed to incorporate and be subject to this Agreement. SLAs shall address at
least the following: the services or transactions to be implemented online, the statutory or other
regulated fees to be collected by the Contractor on behalf of the State agency, any reimbursement
of a State agency by the Contractor for costs incurred in providing data needed to offer online
services, the level of services to be provided, and whether online service is to be physically
hosted by the Contractor or by the State agency. It shall be the obligation of the participating
State agency and the Contractor to address in an SLA all issues particular to that agency,
including, but not limited to, any privacy/confidentiality issues and any statutory or regulatory
issues affecting the agency’s use of Access Idaho.
SLAs are subject to the prior approval of the OCIO and no work shall be done under any SLA
without such prior approval. To the extent required by law, the implementation of Access Idaho
by any State agency and of any SLA shall be subject to the review and prior approval of the
Information Technology Resource Management Council (“ITRMC”) via the Access Idaho
See Attachment A.
All services shall be performed in accordance with the ITRMC’s standards and policies, which
can be viewed online at http://www.idaho.gov/itrmc. Contractor shall work with ITRMC on
developing any additional standards that the Contractor believes are appropriate for the
successful implementation of Access Idaho. The Contractor shall document all systems analysis
and programming activities. Copies of all such work shall be furnished to the Access Idaho
Steering Committee before such programs are implemented.
PUBLIC AGENCY USE
Agreement services and pricing shall be extended to other “Public Agencies” as defined in Idaho
Code § 67-2327. "Public Agency" means any city or political subdivision of this state,
including, but not limited to, counties; school districts; highway districts; port authorities;
instrumentalities of counties, cities or any political subdivision created under the laws of the
State of Idaho; any agency of the state government; and any city or political subdivision of
another state. "State" means a state of the United States and the District of Columbia. The
Access Idaho Steering Committee shall be informed of such agreements that are extended to
For the duration of the Agreement, the Contractor shall maintain in effect all insurance as
required herein and comply with all limits, terms and conditions stipulated therein. Policies shall
provide, or be endorsed to provide, all required coverage. Within two (2) weeks after signing this
Agreement, the Contractor must provide updated certificate(s) or certified endorsement(s), as
applicable, of the insurance required. There will be no exceptions to this requirement. Failure to
provide the proof of insurance as required may, at the State's option, result in cancellation of the
Insurance required by this section shall name the State of Idaho as an additional named insured
and shall be with insurers rated A-VII or better in the latest Bests Rating Guide and in good
standing and authorized to transact business in Idaho. The coverage provided by such policy
shall be primary to any coverage of the State on or related to the Agreement and shall provide
that the insurance afforded applies separately to each insured against whom a claim is made,
except with respect to the limitation of liability. Except with regard to Comprehensive Crime, all
required policies shall require sixty (60) days’ notice to the State, by certified or registered mail,
return receipt requested, prior to any cancellation or refusal to renew the coverage provided. All
policies shall contain waivers of subrogation. Contractor waives all rights against the State and
its agents, officers, directors and employees for recovery of damages to the extent these damages
are covered by the required policies. Policies may contain deductibles but such deductibles shall
not be deducted from any damages due to the State.
By requiring insurance herein, the State does not represent that coverage and limits will
necessarily be adequate to protect the Contractor, and such coverage and limits shall not be
deemed as a limitation on the Contractor’s liabilities under the indemnities granted to the State.
The amount of such insurance shall be not less than:
• Worker's Compensation Insurance in amounts as required by statute. Employer’s liability
limit of $1,000,000.00. The Contractor must provide either a certificate of Workman’s
Compensation Insurance issued by an insurance company licensed to write Workman’s
Compensation Insurance in the State of Idaho, as evidence that the Contractor has in effect a
current Idaho Workman’s Compensation Insurance policy, or an extraterritorial certificate
approved by the Idaho Industrial Commission from a state that has a current reciprocity
agreement with the Industrial Commission.
• Automobile Liability, including non-owned and hired – $1,000,000.00.
• Commercial General Liability (“CGL”) and Umbrella Liability Insurance, including
contractual liability and personal injury – $1,000,000.00. Contractor shall maintain CGL
and, if necessary, commercial umbrella or excess liability with a limit of not less than
$1,000,000.00 each occurrence. The Schedule of Underlying Insurance in the Umbrella
Policy shall include the CGL, the auto policy and the Employer’s Liability Policy.
• Comprehensive Crime, having at least the following coverages: employee dishonesty
(blanket coverage), forgery, theft (inside and outside), wire transfer fraud, computer fraud or
theft – $1,000,000.00.
• Contractor will purchase Computer Hardware and Software insurance, including mechanical
breakdown and extra expense, for Contractor’s owned and leased equipment, with limits
consistent with its needs.
The Contractor will be responsible for the following:
• Providing the investment capital for hardware, software, communications, facilities, etc. for
• Operating the Access Idaho system; and
• Managing Contractor personnel and application development efforts within Access Idaho.
Access Idaho is intended to operate as a self-supporting and cost-effective Internet Portal to
provide and enhance access to Public Information. This will be accomplished, in part, by
developing standardized access to customized databases, Data Custodians’ databases, and links
to other information sources.
Access Idaho must be operated without increasing the tax burden on the residents and businesses
of Idaho. The Contractor will be expected to raise and expend private capital to build and
manage all services, information and transactions; this includes maintaining all services existing
as of June 1, 2008. While many of the services and information available through Access Idaho
are and will be free to the public, some Premium Services are and may also be offered.
Contractor revenue will be generated through charges for these Premium Services. Revenues
generated through these charges are used to support the ongoing development of Access Idaho.
Premium Services are offerings or services that would be of sufficient value that businesses and
users pay an additional amount for the ease of accessing them online or receiving other value
added. Access to Public Information via Access Idaho shall not be mandatory on the part of any
business or person. There has been and is anticipated to be sufficient revenue generated through
offering Premium Services to enable the Contractor to support, maintain and develop the Portal.
The Contractor will bill and collect statutory fees on behalf of the State, and pass those collected
through to the appropriate agency via the State Treasurer’s Office.
Contractor must make the online system accessible via popular browsers, including, but not
limited to, Microsoft’s Internet Explorer, Mozilla Firefox, Opera, and Safari.
If a State agency decides that direct access to its platform is desirable, and such access is
approved as required, then the solution must provide access to data through the State’s network
infrastructure. Any devices added to the State’s network must be approved and coordinated by
the Department of Administration.
Anytime direct access to an agency is made available, the Contractor must utilize appropriate
hardware and software, compatible with agency operating environments to enable interactive
exchange, and adhere to all applicable standards, policies, guidelines and bulletins issued by the
The Contractor must have its own connectivity to the Internet and must have procedures and a
methodology for determining efficient Internet access bandwidth and plans for accommodating
At no cost to the State, the Contractor must purchase any hardware and software required to
manage its platform and provide system design and support, account administration and billing.
Costs associated with and maintenance of communication links from the State’s facilities to
Contractor facilities shall be the responsibility of the Contractor.
Contractor will provide a technology platform that would host Access Idaho’s home page and
web site, and individual agency services and pages if desired by participating agencies.
Contractor will make this platform available to agencies as a platform for testing, prototyping
and/or delivering their content and services over the Internet.
ACCESS IDAHO WEB SITE
Contractor will be required maintain Access Idaho as the State’s home page so that the State’s
home page will also serve as the “Portal,” or single access point, to the electronically delivered
services and information described in this Agreement. At no cost to the State, the Contractor
will maintain the State’s current home page, including providing professional web site design,
development, and implementation assistance so that information, services, and applications are
more easily located and used by citizens and businesses. At no cost to the State, the Contractor
will host the State’s home page.
The Contractor, through Access Idaho, will provide a web-based, front-end to individual and
inter-agency services and organize and present these services in ways that will ease access to the
information and services (e.g., themes, functions, organizations, events, services and
transactions). The page must make it easy and convenient for visitors to the site to navigate,
locate, evaluate, select, retrieve and manage Public Information resources, services and programs
on the Internet, to communicate with selected agency officials, and to tap into a variety of
electronic transactions offered online by State government.
The Access Idaho home page must provide a view that is “customer centric.” The Contractor
must maintain the graphical user interface created for Access Idaho that reflects the concept of an
integrated online government services center.
The Contractor will also be expected to work closely with other levels of government, federal
and local, to aggregate services or information in an integrated way with State online content.
The Contractor will maintain the user interface that is consistent across all services that is widely
accessible and facilitates ease of learning and use.
The Contractor will continue to use search engines that integrate across both Access Idaho and
agency web sites.
The Contractor will continue to gather performance statistics as well as statistics on user access
through Access Idaho.
Access Idaho will continue to act as a reference and referral service, providing visitors
information and tools that make it easy for them to obtain information about the State. It will
provide links to existing information and sites on the web that highlight various aspects of
Idaho’s history, culture, government, travel, recreation, community and economic life. The page
will provide links for visitors to businesses and educational sites in the State. Content categories
could include: lifestyles, travel and recreation, social and community services.
Contractor will provide directories or tools for navigation that would make existing State
information and access to new data and services more user-friendly, cohesive, and
understandable. Individual State agencies will have control over the design and content of their
own web sites, but it is expected that Access Idaho would provide an enterprise Portal enabling
access to all agencies’ web sites. The Contractor will be encouraged to work closely with State
agencies so that all State agencies’ web pages use the same types of methods for navigation,
searching, and presentation of information.
The Contractor will provide customer service help to users of Access Idaho services. This
includes a service desk that will meet the needs of non-Subscribers as well as Subscribers
without additional charge to users.
The Contractor will conduct periodic customer satisfaction surveys and assess the level of use,
acceptance, and ease of use of services. Access Idaho will continue to include online customer
The Contractor will provide training and reference materials for distribution to current and
potential system users and government information providers, where necessary.
SHARED APPLICATION SERVICES
Access Idaho development should not be burdened in rewriting code for similar applications.
The Contractor must maintain a process and approach in reusing software code from application
SECURITY AND AUTHENTICATION SERVICES
Contractor will work with individual State agencies to provide a level of security that is required
by the State of Idaho. The Contractor will maintain the security of the data on its systems in
order to meet or exceed the PCI data security standards as well as any additional State of Idaho
security standards. The Contractor will respond to requests from the Access Idaho Steering
Committee for reports and will inform the Committee of any changes that may affect the security
of data. Specific agency/application data requirements shall be outlined in the SLA between the
Contractor and the agency.
The Contractor will include the following requirements:
• Use of firewall hardware and software and the configuration of the system;
• Provide the ability to execute secure, authenticated, two-way transactions;
• Implement date-time stamp and an audit trail for identifying all network security breaches
and attempted breaches;
• Prohibit users from accessing data or computer facilities unless such access was expressly
approved by the participating agency and the Contractor;
• Maintain data integrity and users’ confidentiality and privacy; and
• Address issues such as misuse or fraud, including resolution options.
INTEGRATION WITH BACK-END SYSTEMS
The Contactor will maintain the ability to integrate with back-end legacy systems and existing
databases and information systems as it is critical to the success of Access Idaho and efforts to
provide online access to government services and information.
The Contractor is expected to provide software and resources to query and access back-end
legacy systems, existing databases, and application servers as needed. Unauthorized access to
non-public data is prohibited. Proposals must address these concerns in the proposer’s plans for
integrating with back-end systems.
It may be necessary to convert data from the format in which it resides on an agency host
computer to the format needed for Access Idaho. Any required conversion shall be at
The Contractor must provide for the storage and the storage management of essential data being
made accessible to the public, including provision for backup copies of the data so that
reconstruction of lost data does not involve the use of original data sets.
PERFORMANCE MONITORING AND PROBLEM RESOLUTION
The Contractor must provide performance monitoring and problem resolution. Plans for
regularly performing routine and preventive maintenance must be addressed. Maintenance will
be performed by Contractor at times that will not adversely affect daily operations, where
If there is a loss of critical services where the majority of services are down, the Contractor shall
notify the State within one (1) hour. Services should be restored within two (2) hours, except for
issues related to equipment, configuration or personnel under State control. During an event not
in the control of the Contractor, the Contractor will work with the State to restore services in a
If there is a loss of the functionality of one (1) or more hosted services that submit information to
or retrieve information from the State and built and maintained by Contractor (“Applications”)
under this Agreement, which does not result in the loss of functionality of the entire Portal,
Contractor shall notify the State, and provide an estimated time to repair the functionality of the
Application(s) on the Portal based upon the following schedule:
• Within two (2) hours during peak usage periods, which are 8:00 am to 5:00 pm (Mountain),
each State business day, except State-recognized holidays and weekends;
• Within four (4) hours during off-peak periods, 6:00 pm to 8:00 am (Mountain), each State
business day; and
• Within twenty-four (24) hours during weekends and all holidays observed by the State.
Contractor must maintain a back-up system that will take over in the event the hardware or
The Contractor will help agencies understand how processes and services can be improved and
streamlined by deploying them as web applications, and foster a partnership among agencies that
deliver services via Access Idaho. Contractor will maintain processes and plans for:
• Combining information into a single system to improve customer service and raise program
• Fostering a high degree of partnering that would plan and develop online services among
agencies and between government and the Contractor;
• Conducting executive and management education programs to disseminate information on
innovative ways to use information technology to deliver government services; and
• Identifying for agencies sources of consulting and technical assistance inside and outside
BUSINESS CONTINUITY AND DISASTER RECOVERY
The Contractor will provide State agencies with the ability to continue to provide services
through Idaho.gov during recovery from a serious business interruption or disaster. State
policies on business recovery planning can be found at http://www.idaho.gov/itrmc. The
Contractor will have a disaster recovery plan intended for Idaho.gov to recover from and
maintain service in the event of disaster or other unforeseen event.
All moneys collected on behalf of a State agency must be deposited from the Contractor’s bank
account into the designated Idaho State Treasurer’s bank account within twenty-four (24) hours
following the effective receipt of those moneys by the Contractor. Deposits must be made via
electronic funds transfer (EFT) using the automated clearinghouse (ACH) credit method. The
Contractor must send detailed transaction information to the agency as well as separate total
deposit information for financial reconciliation to the State Treasurer’s Office for each agency.
The ACH file format must be approved and tested by the State Treasurer’s Office before it is
The Contractor must maintain procedures for billing, collections, online credit card acceptance,
and issuance of payments, and carry out all other fiscal activities necessary to operate a
financially sound Internet Portal service.
PORTAL DEVELOPMENT RATES
Individual agencies may desire to use the Contractor for other development of software and/or
code to assist in posting material to or making services available through Access Idaho.
Contractor must provide an hourly rate for use by State agencies of the application development
services and consulting related to Access Idaho. The hourly rate shall be a fully burdened rate
that includes, but is not limited to, labor, per diem, travel, overhead, and any other costs related
to the service. The specific rates charged the State agency for each proposed contracted service
are provided in Attachment B, and may be adjusted at the time of contract renewal and with the
approval of the Access Idaho Steering Committee. The amount charged to the agency shall not
exceed $75,000.00 per project. Any services that exceed $75,000.00 per project must be
The Access Idaho Steering Committee and the Contractor will use the jointly developed
reporting requirements, reporting format, and transmittal schedule of reports. Reports describing
Access Idaho’s future needs, fiscal projections and other relevant forward-looking reports must
be submitted at least monthly to the Access Idaho Steering Committee. In addition, by January
17th of each year, the Contractor will draft and submit to ITRMC an annual report for the
previous fiscal year. The report will include, but is not limited to, a complete list of services
offered through Access Idaho and the amounts charged for Premium Services.
The Contractor will keep a record of all Access Idaho services and related operations in a format
and medium approved by the Access Idaho Steering Committee. The Contractor will maintain
all such records for no less than five (5) years after termination of any contract related to Access
Idaho. A detailed accounting of revenues and expenses will be submitted quarterly to the Access
Idaho Steering Committee and shall include, but not be limited to, the cost of obtaining data from
the custodial agency and cost of operations.
The Contractor must comply with all applicable State audit requirements. The Contractor will
select an independent auditor to audit, at Contractor’s expense, the Contractor’s books and
records on an annual basis. Contractor’s selection of an auditor shall be subject to the prior
approval of the Access Idaho Steering Committee, such approval not to be unreasonably
withheld. The Contractor will make such books and records available at the site of its local
Audits may be conducted during regular work days for State agencies and between the hours of
8:00 a.m. and 5:00 p.m. (Monday through Friday) during the Agreement period or any renewal
term of the Agreement, and for a period of two (2) years after expiration of the Agreement or any
The State is generally exempt from payment of state sales and use taxes and from personal
property tax for property purchased for its use. The State is generally exempt from payment of
federal excise tax under a permanent authority from the District Director of the Internal Revenue
Service (Chapter 32 Internal Revenue Code [No. 82-73-0019K]). Exemption certificates will be
furnished as required upon written request by the Contractor. If the Contractor is required to pay
any taxes incurred as a result of doing business with the State, it shall be solely and absolutely
responsible for the payment of those taxes. If after the effective date of this Agreement an Idaho
political subdivision assesses, or attempts to assess, personal property taxes not applicable or in
existence at the time this Agreement becomes effective, the State will be responsible for such
personal property taxes, after reasonable time to appeal. In no event shall the State be
responsible for personal property taxes affecting items subject to this Agreement at the time it
INTELLECTUAL PROPERTY RIGHTS
Application object code, source code, documentation and all files developed by the Contractor
for use or application to Access Idaho (“Portal Software”), together with all updates and
revisions, shall be the intellectual and tangible property of the Contractor. During the term of
this Agreement, the State shall have a nonexclusive and perpetual license to such Portal
Software, together with all updates and revisions.
Source code and documentation for programming and software (“Source Code”) shall be
escrowed with an escrow agent at the expense of the Contractor. Conditions for its release shall
be specified in an escrow agreement, the form of which must be agreed upon by the State.
Updates to such Source Code and documentation shall be escrowed, owned and licensed as
During the term of this Agreement, Contractor will provide access to the functionality of the NIC
Electronic Services through the Portal, for the Permitted Uses. Access to the NIC Electronic
Services for Contractor shall terminate upon termination of this Agreement; provided, however,
that the State or any subsequent contractor operating the Portal may contract for NIC Electronic
Services separately and apart from Contractor. The State does not have any rights to have or to
make copies or archival copies of any software used by National Information Consortium
(“NIC”) in the NIC Electronic Services during the term of the Agreement or following its
termination or expiration.
Upon the termination of this Agreement by the State for cause (referenced in the Termination
section below) or upon expiration of this Agreement upon completion of the full term,
Contractor shall grant to the State a perpetual, For Use Only, fully paid-up, non-exclusive,
license to host (in object code only), copy, modify, enhance, use, and execute the Portal Software
and Source Code for the Portal Software for the Permitted Uses, subject to the limitations of this
Agreement. Specifically, subject to the above limitations, the State will have the right to:
(i) make copies of the Portal Software and Source Code, for archival, testing or back-up
purposes, or for development of modifications and enhancements for the Permitted Uses;
(ii) modify the Portal Software or Source Code as may be required or desirable for the
maintenance or enhancement or to create derivative works (“Modifications”) of the Portal
Software or the Portal, provided that such Modifications shall be owned by Contractor and
licensed to the State pursuant to the post-termination license grant above, For Use Only license
grant as Portal Software above; (iii) load the Portal Software on any State systems for the
Permitted Uses; (iv) use State employees or Authorized Contractors to maintain, repair, modify
or enhance the Portal Software and Source Code for the Permitted Uses; and (v) allow users
access to the functions of the Portal Software (but not the Source Code) through the Portal solely
for Permitted Uses.
License rights to third-party software used to operate the Portal shall be transferred to the State
by Contractor to the extent permissible under the applicable third-party license terms. Software
that is third-party software and which is not transferrable to the State shall be identified and
described by Contractor on a list at the time of Agreement termination or at any other time as
specified by the State during the term of the Agreement. Contractor makes no warranties with
respect to third-party software and other materials, and the only warranties the State receives are
the transferable warranties, if any, made by third-party licensors and vendors.
Upon the termination by either party of the Agreement pursuant to the terms thereof (other than
termination by the State for cause, but not for legal excuse), the State may, at its sole option,
purchase a license to the Portal Software upon the payment of a mutually agreed to license fee.
Such license shall be a perpetual, personal, fully paid-up, non-exclusive, For Use Only license, to
host (in object code only), copy, modify, enhance, use, and execute the Portal Software and
Source Code for the Permitted Uses, and such license agreement will contain limitations on use
and disclosure similar to those contained in this Agreement.
RELATION TO PARTIES
It is distinctly and particularly understood and agreed between the parties hereto that the State is
in no way associated or otherwise connected with the performance of any service under this
Agreement on the part of the Contractor or with the employment of labor or the incurring of
expenses by the Contractor. Contractor is an independent contractor in the performance of each
and every part of this Agreement, and solely and personally liable for all labor, taxes, insurance,
required bonding and other expenses, except as specifically stated herein, and for any and all
damages in connection with the operation of this Agreement, whether it may be for personal
injuries or damages of any other kind. The State does not assume liability as an employer.
The Contractor shall indemnify and hold harmless the State from any and all liability, claims,
damages, loss of funds, costs, expenses and actions, including reasonable attorneys’ fees, caused
by or that arise from the negligent or wrongful acts or omissions of the Contractor, its
employees, agents or subcontractors under this Agreement or that arise from a failure to comply
with any state or federal statute, law, regulation or act. Contractor shall not have any
indemnification liability for any damages arising out of the negligence or misconduct of the
PATENT AND COPYRIGHT INDEMNIFICATION
The Contractor shall indemnify and hold the State harmless and shall defend at its own expense
any action brought against the State based upon a claim of infringement of a United States’
patent, copyright, trade secret, or trademark arising out of or related to the Contractor’s actions
related to Access Idaho. The Contractor will pay all damages and costs finally awarded and
attributable to such claim, but such defense and payments are conditioned on the following: (i)
that Contractor shall be notified promptly in writing by the State of any notice of such claim; (ii)
that Contractor shall have the sole control of the defense of any action on such claim and all
negotiations for its settlement or compromise and the State may select, at its own expense,
advisory counsel; and (iii) that the State shall cooperate with Contractor in a reasonable way to
facilitate settlement or defense of any claim or suit.
Should Access Idaho, or any part thereof, become, or in Contractor's opinion be likely to
become, the subject of a claim of infringement in a way to require the Contractor to indemnify
the State pursuant to this section, the State shall permit the Contractor, at its option and expense,
either to procure for the State the right to continue operating Access Idaho, or to replace or
modify any infringing aspect so that it becomes non-infringing. Upon failure to do either, the
State may terminate the Agreement immediately and pursue any legal remedies available.
The foregoing indemnity obligations shall not apply to the extent the infringement arises as a
result of: (i) Modifications to the Portal Software made by any party other than Contractor, (ii)
the combination or use of the Portal Software with materials not furnished by Contractor, or (iii)
use of the Portal Software for other than Permitted Uses outside the scope of this Agreement.
The State may terminate the Agreement (and/or any order issued pursuant to the Agreement)
when the Contractor has been provided written notice of default or non-compliance and has
failed to cure the default or non-compliance within a reasonable time, not to exceed thirty (30)
calendar days, after receipt of such notice. If the Agreement is terminated for default or non-
compliance, the Contractor will be responsible for any direct costs and/or damages incurred by
the State for placement of a new agreement. The State, upon termination for default or non-
compliance, reserves the right to take any legal action it may deem necessary. For purposes of
this Agreement, the phrase “a default or event of non-compliance warranting termination under
this section” shall include, but not be limited to:
• Any material breach or evasion by Contractor of the terms or conditions of this Agreement
and its amendments, if any; or
• Substantial cessation of Portal services by the Contractor; or
• Fraud, misappropriation, embezzlement, malfeasance, significant malfeasance, illegal
conduct by the Contractor, its officers, or directors; or
• Dissolution of the Contractor or forfeiture of its company existence; or
• Insolvency of the Contractor; or
• Material breach of an SLA by the Contractor; or
• Willful disclosure of any confidential information by the Contractor.
The State may also terminate the Agreement (and/or any order issued pursuant to the Agreement)
thirty (30) days after the Contractor’s receipt of written notice from the State for the following
reasons, provided that such reasons listed below will not be considered for cause, but for legal
• Amendment of the State’s enabling authority making the Portal substantially impractical; or
• An adverse judicial decision by a court of competent jurisdiction which has the effect of
rendering Portal operations no longer feasible; or
• Legislation materially altering the ability of the Contractor to operate the Portal.
The Contractor may terminate this Agreement if the key Premium Services applications do not
generate sufficient revenue to support the basic core functions required to operate the Portal due
to the limitations required the Contractor in the operations of the Portal by the State.
Upon termination or expiration of the Agreement, Access Idaho must remain operational during
any transition period. Upon termination or expiration, all records applicable to a State agency,
including working papers and operational documentation, must be delivered immediately to the
Department of Administration and will become the property of the State, if not already such, as
indicated in the Intellectual Property section of this Agreement. The State will provide no less
than six (6) months’ notification as to its renew or bid intentions.
Unless otherwise allowed by the State of Idaho, the Contractor shall not, without written
approval from the Administrator, Division of Purchasing, enter into any subcontract relating to
the performance of this Agreement or any part thereof. Approval by the State of Contractor’s
request to subcontract or acceptance of or payment for subcontracted work by the State shall not
in any way relieve the Contractor of responsibility for the professional and technical accuracy
and adequacy of the work. The Contractor shall be and remain liable for all damages to the State
caused by negligent performance or non-performance of work under the Agreement by
Contractor’s subcontractor or its sub-subcontractor.
Contractor shall provide employees experienced in and qualified to perform specified tasks. If
the State deems any Contractor’s employee’s performance or actions are unsatisfactory in the
State’s reasonable, good faith judgment, the State may object to such Contractor employee. The
Contractor shall, upon written or verbal request by the State, immediately remove the employee
from an agency project. The State’s request will specify the reasons for its request, unless
otherwise prohibited by law. The Contractor shall replace such employee within twenty-four
(24) hours of notification unless a different time frame is agreed upon. The Contractor and the
State shall mutually discuss whether any other corrective action is acceptable to the State prior to
Contractor understands this Agreement is subject to Executive Order 2006-40, Establishing a
Policy for All State Agencies Concerning Illegal Immigrants
(http://gov.idaho.gov/mediacenter/execorders/eo06/eo_2006-40.html ); it does not knowingly
hire or engage any illegal aliens or persons not authorized to work in the United States; it takes
steps to verify that it does not hire or engage any illegal aliens or persons not authorized to work
in the United States; and that any misrepresentation in this regard or any employment of persons
not authorized to work in the United States constitutes a material breach and shall be cause for
termination of this Agreement.
LOCATION OF WORK
The Contractor will perform all work under this Agreement in the State of Idaho and understands
this Agreement is subject to Executive Order 2007-9, Relating to the State Procurement Process
and International Outsourcing
This Agreement constitutes the entire agreement of the parties and all other agreements, oral or
written, are merged herein.
Either party may cancel this Agreement for nonperformance or poor performance, subject to a
sixty (60) day cure period, except as provided for in the Termination section above, upon one
hundred eighty (180) days’ written notice. Any cancellation of this Agreement based on an
allegation of poor performance must be in good faith and amounts due under this Agreement
shall be calculated through the actual date of termination of this Agreement, rather than the date
of notice of termination.
Notices required or contemplated under this Agreement must be in writing and mailed or hand
delivered to the respective parties at the following address, or such other address as the parties
hereto may, by notice, designate in writing to each other:
Idaho Department of Administration Idaho Information Consortium, LLC
Office of the Chief Information Officer 999 Main Street
650 W. State Street Suite 910
Boise, Idaho 83720-0042 Boise, Idaho 83702
In the event any provision or section of this Agreement conflicts with applicable law or is
otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable
and carried into effect.
In the event of any litigation arising under or as a result of this Agreement or arising from all of
the acts to be performed hereunder of the alleged breach of this Agreement, the prevailing party
shall recover its costs and reasonable attorney fees.
This Agreement shall be governed and interpreted pursuant to the laws of the State of Idaho.
No amendment, alteration or modification of this Agreement shall be effective unless made in
writing and duly executed by the parties hereto.
The parties will execute two (2) originals of this Agreement.
DEPARTMENT OF ADMINISTRATION IDAHO INFORMATION CONSORTIUM
Name: Mike Gwartney Name:
Title: Director Title:
Access Idaho: An Internet Portal through which the State electronically provides Public
Information, access to Public Information and access to Premium
Access Idaho A committee appointed by the Office of the CIO, Department of
Steering Administration to provide advice and assistance to promote the purposes
Committee: of Access Idaho and to provide advice and assistance on issues related to
Access Idaho. The Committee shall consist of a representative of at least
the following: the Information Technology Resource Management
Council (ITRMC), the Contractor, two (2) state agencies (agencies using
or intending to use Access Idaho), and a State information technology
employee of a management or higher level. The Committee may seek
input from end-users in order to promote the purposes of Access Idaho.
The Committee shall meet as needed to address issues related to and to
promote the purposes of Access Idaho. The committee shall be chaired by
the ITRMC staff representative.
Authorized Contractors engaged by or on behalf of the State to assist the State in the
Contractors: Permitted Use of the Source Code and Portal Software, who have
executed a written confidentiality agreement that protects the Portal
Software from unauthorized use or disclosure.
Data Custodian: Any branch, agency or instrumentality of the State that gathers, stores or
generates Public Information.
For Use Only: The right to use application software modules for the Permitted Uses on
the Portal without the right to sell, distribute, transfer or sublicense such
NIC Electronic Services provided through hardware, software and network infrastructure
Services: hosted by NIC, that enable applications developed by Contractor or any of
its affiliates, to authorize and capture credit and debit cards for payments;
to process all other forms of Electronic Funds Transfer; and to manage the
registration of users and the online transaction logging data and the billing
and collection of funds, for users of fee services. It includes such other
online services as may be from time to time developed by NIC outside of
this Agreement and made available to the State through Access Idaho.
Permitted Uses: Use of the functionality of the software hosted on the Portal to permit
users to access government information, governmental and other sites,
and to perform certain State governmental licensing, registration and
similar transactions. The term “Permitted Uses” excludes any commercial
sale, licensing or other transfer or use for commercial purposes.
Portal: A single point of entry to electronically disseminate information data via a
Premium Services: Value added services that are available on a transactional or subscription
basis for an additional charge and that include, but are not limited to, the
enhancement of information that is otherwise available through the State
for a statutory fee or at no charge.
Public Any information that is stored gathered or generated in digitized form by
Information: a Data Custodian and is authorized by law to be released.
Service Level An agreement between the Contractor and a specific agency implementing
Agreement (SLA): Access Idaho for that agency. Containing specifics related to the
application or web page that is being developed for that agency.
Including but not limited to specific security and data requirements.
State: State of Idaho.
Subscriber: A person or business that, in exchange for a charge, receives Premium
Senior Architect - JAVA $ 130.00
Senior Architect - .NET $ 160.00
Level II Project Manager $ 160.00
Intermediate $ 130.00
Level I Project Manager $ 100.00
Business Analyst II $ 130.00
Intermediate $ 110.00
Business Analyst I $ 90.00
Level II Developer $ 130.00
Intermediate $ 110.00
Level I Developer $ 80.00
Creative (HTML-er) $ 60.00
Web Designer $ 70.00
Print Designer $ 70.00
Financial Manager/Billing Specialist $ 90.00
Database Administrator $ 130.00
Systems Administrator $ 130.00
Security Administrator $ 130.00