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Home My WebLink About1980-12-22 81-41 ORDERel -AB'. - Introduced by Councilor Baldacci, December 22, 1980 CITY OF BANGOR (TM.) (DrAl9ry-_.._ Authorizing _execution.oE.Bgieament..£a[.C¢myuCex. Seivues.......... By tke City Council of flu City ofDustier. ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an agreement for cowuter services with the Town of Bar harbor, a copy of .said agreement being on file in the office of the City Clerk. »4 a Olty Council December 22,1980 Pissed ty lark 81-C ORDER Title, Authorizing 6xecut{on of ,Agigg�gge�tt ,ior Cpo�ter �j/JJp�/od ced e d by .%Qf/�:./. .......... ...n w10 Allo v-gup9 f0X➢O t0_N AGREEMENT THIS ACREEIMEHT, 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 as "Bangor") and the TOWN OF M NARB)R, a municipal corporation located in the County of Hancock, State of Was (hereinafter referred to as "Bar Harbor"). WITNRB M: HOW, THEREBORE, in consideration of the fees to be paid and the covenants contained herein and to be observed by the parties, the parties hereto do mutually agree as follows: - SECTION I Bangor shall produce annually during the term specified in Section XII of thin Agreement, a two -pert continuous form tax bill. Bangor x111 '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. SECfION II 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 "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, in the tax roll analysis and production, the names of persons, corporations, firms and associations who have received property tax exemptions but shall not include analysis and production information pertaining to property owned by Bar Harbor. SECTION III Bangor shall furnish to Bar Harbor; (a) At the request of Bar Harbor but limited to not mare than once per year, a payment record report for utilization by the Tax Collector. (b) Once per month, or as data is submitted, an 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 STORAGE 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 termLwtion or expiration of this Agreement. Upon the expiration of said thirty (30) days, the cards shall be deemed the property of Bangor and subject to destruction. SECTION V DISC TACKS' Bangor shall provide on computer disc packs to store date submitted by Bar Harbor. Bangor shall establish and maintain duplicate (backup) disc pack space on separate discs packs and shall stere the duplicate (backup) disc packs in an area apart from the data processing center. SECTIONVI 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 foresee predetermined by Bangor. _p_ SECTION VII KEY PUNCHING Bangor shall key punch computer punch cards upon coded information submitted by Bar Harbor. SECTIDN VIII INCREASES IN PRICE OF PAPEN 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 charges due hereunder, manners equal to any increase in the cost to Bangor of paper materiels used in the production of , tax bills, tax rolls and the reports specified in Sections I', II and III respectively of this Agreement. SECTION TY LIMTATION ON 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 Bar Harbor, or in the event of any damage or loss of machines, equipment, programa or stored data necessary to perform the computer services herein described and such lase 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 or for special, consequential, or exemplary damages, even though Bangor any have been advised of the possibility of such damages. Additionally, no action, regardless of form, arising not of the services under this Agreement may be brought by either party more than one year after the cavae 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 X PROPERTY All systems, computer programs 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 XI PERFORMANCE 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 Real property Tax Billing Tax Assessment Rolls Tax Commitment Rolls Payment Record Report SECTION XII TERM This Agreement shall commence on January 1, 1981 and shall expire on December 31, 1982. SECTION XIII 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. Bat Harbor shall make payment in full within thirty (30) days after the date of invoice. -1v 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. EEMWN 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 subsequent written notice to that effect delivered to the other party. SECTION Xyl ANNEXED SCNEDOIE The following schedule attached to this Agreement is hereby made a part hereof. The quarterly chargee listed therein are subject to change due to increases in the cost of paper as provided in Section VIII. IN WITNEgS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF BANGOR By: Title: City Manager TOWN OF BAR HARBOR By: Title: S C R E D U L E WART%& A M DUe $ 33].50 e 33).50 3 33].50 4 33].50 5 3]5.00 6 3]5.00 3 3]5.00 e 3]5.00 -6-