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
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.�� 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
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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
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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