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HomeMy WebLinkAbout1980-12-22 81-40 ORDERBL40' Introduced by Councilor Saldacci, December 33, 1980 CITY OF BANGOR (TITLE.) services __.. By the City Goa l of the City ofBaayor: ORDERED, TUT the City Meager is hereby authorized and directed, on behalf of the City of Eangor, to execute an agreement for computer services with the City of Ellaworth, a copy of said agreement being on file in the office of the. City Clerk. IK City Council December 22r19M Passed c cit e1e�� 81-40 ORDER Title, huthoslEipg, execution, of ASr?€IT.eP:. For Computer AgreemVent for Cg uter Services .With The Cit Of-gilevo`1i In d d by Gilman I - � 8tl31C Allo �, nNtl9: ]3U O .�� 4d LL 930 00. 3r 81-40 AGREEMENT TRIS AGREEMENT, made and executed in duplicate, this day of December. 1980, by and between the CM OF BANGOR, a municipal corporation located in the County of Penobscot, State of Mine (hereinafter referred to as "lenders) and the TOWN OF BAR HdRROR, a municipal corporation located in the County of Hancock, State of Maine (hereinafter referred tea 'Bar Harbor"). WITNESSETH: NOWT THEREFORE', in consideration of the fees to be paid and the covenants contained herein and to be observed by the parties, the parties burets do mutually agree. as follows: SECTION I Bangor shall produce annually during the term specified in Section 111 of this Agreement, a two-part continuous form tax bill. Bangor will "burst" (separate) said tax bills. Bangor shall not be responsible for the supplying of envelopes nor for the mailing of envelopes containing said tax bills. SECTION f1 Bangor Shall produce annually during the term specified in Section XII of this Agreement, a two-part continuous form tax roll. Bangor will decollate (remove carbons) and "buret" (separate) said tax rolls. Bangor shall not be responsible for the binding nor the supplying of a binder for said tax rolls. Bangor will include, in the tax roll analysis and production, the Susan of persons, corporations, firma and associations who have received property tax exemptions but shall not include analysis and production information pertaining to property owned by Bar Harbor. REPORTS SECTION III Bangor shall furnish to Bar Harbor: (a) At the request of Bar Harbor but limited to not more than once per year, a payment record report for utilization by the Tax Collector. (b) Once per month, or as data is submitted, a updated audit listing which shall include reported changes in the title of, valuation of, and types of buildings upon, property in Bar Harbor. SECTION IV SMRAGE Bangor agrees to retain and make available to Bar Harbor for return, all such key punched cards -for a period of thirty (30) days following termination or expiration of this Agreement. Upon the expiration of said thirty (30) days, the cards shall be deemed the property of Bangor and subject t0 destruction. SECTION V DISC PACKS Bangor shell provide on computer disc packs to store data submitted by Bar Harbor. Bangor shall establish and maintain duplicate (backup) disc pack space on separate duck packs and shall stole the duplicate (backup) disc packs in an area apart from the data processing center. SECTION VI DATA COLLECTION It shall be the responsibility of Bar Harbor to collect, organize and submit all information and data to be processed under this Agreement in accordance with a format predetermined by Bangor. -2- SECTION. VII M PUNCHING Bangor shall key punch computer punch cards upon coded information submitted by Bar Harbor. SECTI N VIII The quarterly charges described in a separate schedule annexed hereto are based on current prices of paper. Bangor and Bar Harbor agree that there shall be added to the quarterly chargee due hereunder, amounts equal to any crease in the cost to Bangor of paper materials used in the production of tax bills, tax rolls and the reports specified in Sections 1, II arta III respectively of this agreement. SECTION IS LIMITATION ON LIABILITY In the event Mat machines or programs of Bangor malfunction or employees of Bangor are negligent, and such malfunction or negligence is the sole and direct cause of delayed, inaccurate, or inadequate results obtained by Bar Harbor, or in the event of any damage or loss of machines, equipment, programs or stared data necessary to perform the computer services herein described and such loss or damage arises from any cause whatsoever, Bangor shall not be held liable for any loss or damage resulting therefrom. Under no circumstances shall Bangor be liable for any loss of tax revenue r for special, consequential, or exemplary damages, even though Bangor may have been advised of the possibility of such damages. Additionally, no action, regardless of form, arising out of the services under this Agreement may be brought by either party more than one year after the cause of action has accrued, except that an action for nonpayment may be brought within two years of the date of the last payment. -3- SECTION % PROPERTY All systems, computer programa and all other documentation developed for or specifically relating to Bar Harbor's information processing and all data stored on computer disc packs prepared by Bangor shall be the property of Bangor. SECTION %1 PEEPORMANCE SCHEDULE The following items of production shall be produced and made available for delivery upon at least 30 days' advance written notice from Bar Harbor to Bangor and in accordance with a schedule to be mutually agreed upon by representatives of .the parties at the time of said notice: Personal Property Tax Billing TERN Real Property Tax Billing Tax Assessment Rolla Tax Commitment Hells Payment Record Report SECTION %II This Agreement shall resonate on January 1. 1981 and shall expire on December 31, 1982. SECTION xIII PAYMENTS The quarterly charges described in the separate schedule annexed hereto shall commence on the effective date of this Agreement. Quarterly charges shall be invoiced as of the first day of each quarter. Bar Harbor shall make payment in full within thirty (30) days after the date of invoice. -4- SECTION %IV TADIFIGTIDN ' No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom it is sought to enforce the waiver, amendment or modification. SECTION XV BREACH In the event of a breach of this Agreement by either party hereto, that is not remedied within sixty (60) days after delivery of a written notice of such breach, the aggrieved party my terminate this Agreement by subsequent written notice to that effect delivered to the other party. SECTION %VI ANNEXED SCHEDULE The following schedule attached to this Agreerent is hereby made a part hereof. The quarterly charges listed therein are subject to change due to increases in the cast of paper as provided in Section VIII. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. �..., e.._lz7 R s- CITY OF RANCOR By: _ Title: tl0A&TeR t 2 3 4 5 6 7 B S c u e n o u a -6- nro= nue j 337.50 337.50 337.50 337.50 375.00 375.00 375.00 375.00 AGBEP.MENT THIS AGRE]KNE", made and executed in duplicate, this day of December, 1980, by and between the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine (hereinafter referred to s 'Bangor") and the CITY OF ELLSWORTH, a municipal corporation located in the County of Hancock, State of Mine (hereinafter referred to as 'Ellsworth"). WITNESSETH• NOW, THBREPGRE, in consideration of the fees to be paid and the terms and covenants contained herein and to be observed by the parties, the parties hereto do mutually agree as follows: SECTION I TAX BILLS Bangor shall produce annually during the term specified in Section XII of this Agreement, a two-part continuous form tax bill. Bangor will decollate (remove carbons) and 'burst" (separate) said tax bills. Bangor shall not be responsible for the supplying or the "stuffing" of envelopes nor for the mailing of envelopes containing said tax bills. SECTION TI TAX ACAS Bangor shell produce annually during the term specified in Section XII of this Agreement, a two -pare continuous farm tax roll. Bangor will decollate (remove carbons) and 'burst" (separate) said tax rolls. Bangor shall not be responsible for the binding nor the supplying of a binder for said tax rolls. Bangor will include, rn the tax roll analysis and production, the names of persons, corporations, firma and associations who have received property tax exemptions but shall not include analysis and production information pertaining to property owned by Ellsworth. SECTION III REPORTS Bangor shall furnish to Ellsworth: (a) At the request of Ellsworth but limited to nut more then once per year, a payment record report for utilisation by the Tax Collector. (b) At the request of Ellsworth but limited to not more than 4 productions per year, One copy of a statistical report of the kinds of buildings reported to be in Ellsworth. (c) At intervals as may be requested by the Ellsworth Assessor or Clerk, but limited to not more than twelve times per year, an updated audit listing, which shall include reported changes in the title of, valuation of, and types of buildings upon, property in Ellsworth. SECTION IV STOMCE Bangor agrees to retain and make available to Ellsworth for return, all such key punched cards for a period of 30 days following termination or expiration of this Agreement. Upon the expiration of said 30 days, the cards shall be deemed the property of Bangor and subject to destruction. SECTION V DISC PACO Bangor shall provide an computer disc packs to store data submitted by Ellsworth. Bangor shall establish and maintain duplicate (backup) disc pack space on separate disc packs and shall store the duplicate (backup) disc packs in an area apart from the data processing center. -2— SECTIDN VI DATA COLLECTION It shall be the responsibility of Ellsworth to collect, organize and submit all information and data to be processed under this Agreement in accordance with a format predetermined by Bangor. SECTIONVII KEY PTRUCHOG Bangor shall key punch computer punch cards upon coded Information submitted by Ellsworth. SECTION VIII INCREASES IN PRICE OF PAPER The quarterly chargee described in a separate schedule annexed hereto are based on current prices of paper. Bangor and Ellsworth agree that there shall be added to the quarterly charges due hereunder, amounts equal to any increase inthecost to Bangor of paper materials used in the production of tax bills, tax rolls and the reports specified in Sections I, II and III respectively of this Agreement. SECTION IX LIMITATMN OF LIABILITY In the event that machines or programs of Bangor malfunction or employees of Bangor are negligent, and such malfunction or negligence is the sole and direct cause of delayed, inaccurate, or inadequate results obtained by Ellsworth, or in the event of any damage or loss of machines,, equipment, programs or stored e as data necessary to perform the computer services her in described and such los r damage arises from any cue whatsoever, Bangor shall not be held liable for any lose or damage resulting therefrom. Under an circumstances shall Bangor be liable for any loss of tax revenue or for special, consequential, or exemplary damages, even though Bangormayhave -3- been advised of the possibility of such damages. Additionally, no action, regardless of form, arising out Of the services under this Agreement may be brought by either party more than one year after the cause Of action has accrued, except that an action for nonpayment may be brought within two years of the date Of the last payment. SECTIDN % PROPERTY All systems, computer programa and all other documentation developed for or specifically relating to Ellsworth's information processing and all data stored on computer diso packs, magnetic tapes or other storage media, prepared by Bangor, shall be and remain the property of Bangor. SECPIDN %I PERFORMANCE SCHEDULE The following items of production shall be produced and made available for delivery upon at least 30 days' advance written series from Ellsworth to Bangor and in accordance with a schedule to be mutually agreed upon by representatives of the parties at the time -of said notice: Personal Property Tax Billing Real Property Tax Billing Tax Assessment Rolls Tax Commitment Rolla Payment Record Report SECPIDN XII TERM This Agreement shall commence on January 1, 1981 and shall expire an December 31, 1982. SECTION XIII PAYBORMS The quarterly charges described in the separate schedule annexed -4- hereto shall commence on the effective date of this Agreement. Quarterly charges shall be invoiced as of the first day of each quarter. Ellsworth shall mane payments in full within thirty (30) days after the date of invoice. SECTION XIV MODIFICATION No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom it is sought to enforce the waiver, amendment or modification. SECTION XV BREACH In the event of'a breach of this Agreement by either party hereto, that is not remedied within sixty (60) days after delivery of a written notice of such breach, the aggrieved party may terminate this Agreement by a sub - Sequent written notice to that effect delivered to the other party. SECTION XVI ANNUM SCHMMULE The following schedule attached to this Agreement is hereby made a part hereof. The quarterly chargee listed therein are subject to change due to increased transportation, labor, and/or paper costa. IN WITNESS WHEREOF, the parties hereto have set their hands and seals.tbe day and year first written above. CITY OF BANGOR By: Title: City Manager CITY OF ELLSWOM By: Title: city Manager -5- S c H E U u E E WA EN M MT DU 1 $ 337.50 2 337.50 3 337.50 4 337.50 5 375.00 6 375.00 7 375.00 0 375.00 M2