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HomeMy WebLinkAbout1979-06-25 305 AG ORDER305 AG Introduced by COuacilor zendzian, aune��Ic///35, 1979 Ci i Y Or BANGOR (TITLE) man, service ��..... ......_AS n=.c1e.Y...fEll.....tg......ST.+xf9. ................. By the City Co owd of the My ofBoayor: OEDBEED, THAT John Flynn, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute„wn'ag[eement; p'� of which AW ,b6 on file In the office of the City Clerk, providing for certain data processing services described therein to be provided by the City for the City of Ellswortho..dt � aL 1)&tkMFbL, Statement of Fact; The purpose of this Order is to authorize the execution of a new agreement with the City of Ellsworth for data processing services. 305 AG Introduced by Councilor 2eudzian, June 25. 1979 CITY OF BANGOR (TITLE) (jDrUra.....AuthasigiagExecutinn nt Data. ermmsam¢..sersiaes ._..... A%. t - City of Elt rth4 :.............. By to ctp Conrail of CBp WBn*aor::: - - ORDERED,` TEAT John Alym, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute an agreement, a copy of which is on file in the office of the City Clerk,providing for certain data processing services described therein to be provided by the City for the city of .Ellsworth. Statement of pact: The purpose of this order is to authorize the execution of a new agreement with the City of Ellsworth for data processing services. 305 Aa 0A DER In City hbuneil Juie 2591979 Title, 'Passed as amended ''Unanimous Vote ' Authorizing Execution of Data Processing Amended to read injlhe title """"""""""""""""""" End line add a toagreement Services Agreement City of Ella worth And add and town of Bar Harbor ...................................... after Ellsworth In the first paragraph End oduced and filed by line Delete the word An >. Bemis lin ads to agreement Same line delete the word A ..... ... ..........:.... before copyy a douncilman Same line change the word copy to copies 3rd line first paragraph change is to are last line first Paragraph add and the Town of Bar HarborAfterEllsworth 'Ci y Clerk ' [_, 3•-r9 It.'/YAM AGREElDiNr MIS AGREEMENT made and executed in duplicate this day of. , 1979, by and between the CITY OP BANGOR, a municipal corporation located in the County of Penobscot, State of Maine (hereinafter referred to as "Bangor") and the CITY 0 ELLSWORTH, a municipal corporation located in the County of Hancock, State of Maine (hereinafter referred to as "Ellsworth"). WITWESSEM: NOW, TNEREFOAE, 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 Banger shall produce annually during, the term specified by Section XII of this Agreement, a two-part continuous fore 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 eavelopes containing said tax bills. SECTI(N II TAX ROLLS Bangor shall produce annually during the term specified by 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 act include analysis and production information pertaining to property owned by Ellsworth. SECTION ul REPoaxs Bangor shall furnish to Ellsworth: (a) At the request of Ellaworth but limited to not more than once per year, a payment record report for utili- zation by the Tex Collector. (b) At the request of Ellsworth but limited to not more than 4 productions per year, one copy of a statistical report of Ne 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 Bangor agrees to retain and make available to Ellavorth for return, all such key punched cards for a period of 30 days followidg 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 PACES Bangor shall provide an computer disc packs to store data submitted by Ellsworth. Bangor shall establish and maintain duplicate (backup) disc pack space an separate disc packs and shalt store the duplicate (backup) disc packs In an area apart frcn the data processing center. SECTION VI DATA COLLECTION It shall be the responsibility of Ellsworth to collect, organize and submit all information and data to be processed wrier this Agreement in accordance with a format predetermined by Bangor. SECTION VII MY PUNCRING Bangor shall key punch computer punch cards upon coded information submitted by Ellsworth. SECTION VIII INCREASES IN PRICE OF PAPER The quarterly charges 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 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 and III respectively of this Agreement. SECTION IT LIMITATION OF LIABILITY Im 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 asset of any damage or loss Of machines, equipment, programs or stored data necessary to .perform the computer services herein described and such loss or damage arises from my cause whatsoever, Bangor shall not be held liable for any loss or damage resulting therefrom. Boder no circumstances shall Bangor be liable for any loss of tax revenue or 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 yeah of the date of the last payment. _ SECTION x PBOpERTY All systems, computer programs and all Other documentation developed for or specifically relating to Ellsworth TS information processing and all data stored on computer disc, packs, magnetic tapes or other storage media, prepared by Bangor, shall be and remain the property of Bangor. SECTION XI PERFOBNANCR SCHEDULE The following items of production shall be produced and made available for delivery upon at least 30 Jaya' advance written notice from Ellsworth to Bangor and In accordance with a schedule to be mutually agreed upon by repre- sentatives of the parties at the time of said notice: Personal Property Tax Billing - Real Property Tax Billing Tax Assessment Rolls Tax Constituent Rolls Payment Record Report SECfIGH XII TE&M This Agreement shall commence on January 1, 1979 and shall expire on December 31, 1980. SECTION XIII PAYMENTS The quarterly charges described in the separate schedule annexed hereto shall commence on the effective dace of this Agreement. Quarterly chargee shall be invoiced as of the first day of each quarter. Ellsworth shall make payments in full within thirty (30) days after the date of invoice. SECPIM XN NODIPICATlai 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 of 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 subsequent written notice to that effect delivered to the other party. SECTION xvi AWNE%EO SCHEDULE The following schedule attached to this Agreement is hereby made a part hereof. The quarterly charges listed therein are subject to change due to increased transportation, labor, and/or paper costs., IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF RANCOR BY, Title City Manager CITY OF EUSWORTH SCHEDULE OOARfER ANOM'T DUE $ 2]5.00 2 2]5.00 3 2]5.00 4 2]5.00 5 300.00 6 300.00 300.00 8 300.00 AGREEMENT THIS ACBEEVENT made and 'executed in duplicate this day of , 1979, by .and between the CITY OF BANGOR, a maricipal corporation located in the County of Penobscot, State of Maine (hereinafter referred to as "Bangor") and the TOWN OF BAR Haling, a municipal corporation located in the County of Hancock, State of Maine (hereinafter referred to as "Bat Harbor"). WITNESSETH: NOW, THEREFORE, 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 by Section All 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 II TAR ROLLS Bangor shall produce annually during the term specified by Section XII of this Agreement, a two-part continuous foam 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 armed by Bar Harbor. SECTION III REPORTS Bangor shall furnish to Bar Harbor: (a) At the request of Bar Harbor but limited to not more than one per year, a payment record report for utili action by the Tau Collector. (b) Once per month, or as data is submitted, an updated audit listing which shall include reported changes in the title of, valuation at, and types of buildings upon, property in Bar Harbor. (c) once per year, a sales ratio study. This is to be requested and data must be submitted. SECTION IV STB E 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 to destruction. SECTIfn V DISC PAM Bangor shall provide on computer disc packs to store data submitted by Bar Harbor. 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. SEMW VI DATA CMUCTIM - 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. SECTIM VII HEY PMIXIIIG Bangor shall key punch computer punch cards upon coded information submitted by Bar Harbor. SECTION VIII INCREASES IN PRICE O PAPER 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, amounts equal to any increase In the coat 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 U LLIITATICH ON LIABILITY in the event that machines or programs of Hongor 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 logsof machines, equipment, programs or stored 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 or 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 wrier 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. 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 scored 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 free 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 BII TERM This Agreement shall commune on January 1, 1979 and shall expire on December 31, 1980. SBCTIM Bill PAYMENTS The quarterly charges described in the separate schedule annexed hereto shall commence no 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. 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 wham it is sought to enforce the waiver, amendment or modification. SE lm 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. SEMON XVI ANNEXED SCHEDULE The following schedule attached to this Agreement is hereby aside a part hereof. The quarterly charges listed therein are subject to change due to increases in the cost of paper as provided in Section VIII. M WITNESS WHERECF, the parties hereto have executed this Agreement the day and year first written above. witness CTTT OF SARGON TOWN OF BAR HARBOR SCMEDUL6 W=ER AMOUNT DW 1 $ 275.00 2 275.00 3 275.00 4- 275.00 5 300.00 6 300.00 7 300.00 8 300.00