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