HomeMy WebLinkAbout82-1
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 82-1
being a by-law to authorize the execution of an
Agreement with Real Time Datapro Limited.
The Council of the Corporation of the Town of Newcastle
HEREBY ENACT AS FOLLOWS:
That the Mayor and Clerk are hereby authorized to execute
on behalf of the Corporation of the Town of Newcastle and
seal with the Corporation Seal an Agreement between
Real Time Datapro Limited and the said Corporation dated the
4R day of :Y7.vi.{~/A.D. 1982, which is
attached hereto as Schedule "X".
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By-Law read a first and second time this 4th day of January, 1982.
By-Law read a third and final time this 4th day of January, 1982.
David W. Oakes
Clerk
RiCkard~4L~
~(k
Garnet B.
Mayor
.
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it.
II rrl'e No LQ..:..a..:.J..,................
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. r~ime daiapro ltd.
By-law f'Jo.----__<b;t_.~:L__
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797 DON MILLS ROAD, DON MILLS, ONT. M3C 1 V1 (416) 429-0440
January 25th, 1982
Mrs. K. Campbell
Treasurer
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanvi11e, Ontario
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Dear Mrs. Campbell:
Please find enclosed for your records a copy of Service
Agreement #3237, duly signed and executed.
Please let me take this opportunity to thank you for your
valued business and we look forward to a long and mutually
beneficial working relationship.
Sincerely
Il
REAL' TIME DATAPRO LTD.
~J
. E. Meinzer
President
GEM/smg
Enc!.
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BETWEEN
r~ime daJ:apro ltd.
REAL TIME OATAPRO L TO.
Head Office: 797 Don Mills Road, Don Mills, Ontario M3C 1V1
CORPORATION OF THE TOWN
OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
Agreement No..,3.23.7..",..""..
.
(name and address of Customer)
(hereinafter called "Customer)
and
REAL TIME DATAPRO LTD.
(hereinafter called "Real Time Datapro")
WITNESSETH:
I. The Customer hereby requests Real Time Datapro to perform for the Customer the services hereinafter
set out, all sUbject to the terms and conditions of this Agreement, and agrees to pay Real Time Datapro for
such services in accordance with the schedule of charges and in the manner hereinafter set out, and Real
Time Datapro agrees with the Customer to perform such services subject to the terms, conditions and
charges hereinafter set out.
SPECIFIED SERVICES
.
II. The services to be rendered by Real Time Datapro herein are as specified on Schedule "A", hereunto
annexed, bearing the same number as this Agreement.
SCHEDULE FOR SERVICES
III. The schedule for the services to be performed by Real Time Datapro under this Agreement are as follows:
1. Non-repetitive services commencing ,., "'" "',' """"", ,~!H)!'HH:'Y, ,L"l~~R ,,"'" "'" """ '" ,'. "'" "",., '"
Repetitive services to be performed 'eaGh......~~x..wQrk.ing..d~y........, for .......~,~...................
consecutive ...., ..mon,ths.................. ......... ........(herein after called the "primary period"), ...............
"',.",..,.""".""".",. ,~QIJ]IJ]~n~j,ng" ~ ~!,,)4~,I':'Y., ,+.~,~,~,~""',.,',.,",..,",.,',..,",.,..,""""""",.,""""",."...,"'"
................................................~.........................................................
" O~'~iine..'CommunIcatIons or
2. The Customer agrees to submit its data to Real Time Datapro by ,R~,':l:~..,:r:,~,m~...~~.~~,~~,~..,c:,~?roved
and agrees that such data will be submitted in the following form:Source Documents
. 3. Real Time Datapro agrees to process the work hereinE){..,as..,o,utl.in,e.Q...J;tJ....$,9.h.~,q.:t:1J~...~~7\"
4. The schedule of time for services to be performed by Real Time Datapro hereinbefore set out is
predicated upon Real Time Datapro receiving the Customer's data at the time and in the manner
specified in Paragraph 111(2) and is subject to all other provisions of this Agreement.
CHARGES
IV. The Customer shall pay to Real Time Datapro the following charges for the services to be performed
hereu nder:
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1. Unless otherwise specified in this Agreement the charges shall be ..as,..per..S.ched,ule,...'~B.~~
2. The Minimum Charge for services shall be $.....,.,.+,9.,'O,O,O",O,O..,...........per ..,annum.............,.........,
3. The Customer agrees to pay to Real Time Datapro in addition to the charges stated in Paragraphs 1
and 2, if the Customer requests Real Time Datapro to provide such items or if Real Time Oatapro
incurs expenses for the same as a result of an omission of the Customer: Long distance telephone
calls, shipping charges, travel expenses, overtime or special handling charges, cards, tapes and
supplies, and miscellaneous disbursements. Wherever practical, Real Time Datapro will give
advance notice to the Customer of the necessity of Real Time Datapro incurring such charges;
however, failure to give notice shall not relieve the Customer from payment of such charges,
4. The Customer shall also pay all taxes of any type applicable or imposed upon any of the services or
supplies.
GENERAL TERMS
.
V. 1, Any punched cards, tapes, or other data to be machine processed, furnished by the Customer, so
that Real Time Datapro may perform the services to be performed herein, must be compatible with
Real Time Datapro equipment and techniques and must be in good condition for machine process-
ing. The Customer hereby acknowledges that he has been fully advised of the nature of Real Time
Datapro equipment and techniques.
2. If the data submitted by the Customer to Real Time Datapro for performing the services herein is
inaccurate, or incomplete, or is not compatible with the equipment and techniques of Real Time
Datapro or is not in good condition for machine processing, the Customer agrees to pay Real Time
Datapro for such additional work performed by Real Time Oatapro to correct or complete such data
or as otherwise may be required in orderto prepare itforprocessing, all of which shall beatthe rates
of Real Time Datapro in force from time to time for such work.
3. If the Customer fails to furnish its data to Real Time Datapro in the form and on the date as specified
in Schedule of Services hereof, Real Time Datapro will use its best efforts to reschedule and process
the Customer's work as promptly as possible, but will not be bound by the time specified in Para-
graph 111 hereof, and the Customer agrees that the time for performing such services shall be
extended.
4. Any data furnished by the Customerto Real Time Datapro under this Agreement may be retained by
Real Time Datapro until the services to be performed herein have been completed or until the
services have been terminated, and in any event may be retained by Real Time Datapro until pay-
ment in full has been made by the Customer for all services performed by Real Time Datapro here-
under. Upon completion or termination of the services, Real Time Datapro may dispose of such data
as it deems fit unless the Customer has given written instructions to Real Time Datapro within
60 days from the completion of the services to be performed herein or termination of the services, as
to the manner of disposition of the same. Any expenses incurred by Real Time Oatapro in disposing
of the Customer's data shall be paid by the Customer.
5. Data submitted by the Customer to Real Time Datapro for processing shall be transported to and
from the offices of Real Time Oatapro at the expense of the Customer.
6. All specifications, tapes and disk packs used or developed by Real Time Datapro under this Agree-
ment, except such as may be supplied by the Customer, are and shall remain the sole property of
Real Time Datapro. The Customer has sole title to data supplied by the Customer or generated by
Real Time Datapro on his behalf.
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7. I n the event that the services to be performed under this Agreement require the development by Real
Time Datapro of a programme for processing the Customer's data or work, or for other purposes of
the Customer, such programmes shall be the property of Real Time Datapro unless otherwise noted
in Schedule "A" hereof.
8. (i) In the event that the services to be performed under this Agreement require the development by
Real Time Datapro of a programme for processing the Customer's data or work, or for other
purposes of the Customer, upon completion of the development of such programme by Real
Time Datapro and prior to the processing of the Customer's work, if any, or final delivery of the
programme, the Customer agrees to submit to Real Time Datapro a test problem in the opinion
of Real Time Datapro to be of a magnitude sufficient to test all facets of the programme so as to
provide a clear indication of satisfactory programme performance.
(ii) Real Time Oatapro shall make available to the Customer the results of the test program.
(iii) The Customer shall notify Real Time Datapro, in writing, of any defects pertaining to the results
of the test program prior to the commencement of the processing of the Customer's work.
(iv) The liability of Real Time Datapro pertaining to the program shall be solely limited to defects
identified by the Customer to Real Time Oatapro in accordance with paragraph 8(iii)
9. If the services to be performed hereunder by Real Time Oatapro provide for the development of a
programme by Real Time Oatapro and subsequent repetitive processing of the Customer's work in
accordance with such programme, the repetitive processing service shall commence on the date of
the first full submission of data for processing one entire period, notwithstanding anything herein to
the contrary, and continue for a period of time equal to the primary period, and thereafter may be
terminated by either party as provided herein.
10. All property of the Customer which is in or comes into the procession of Real Time Datapro under
this Agreement will be handled, used and safeguarded by Real Time Datapro to the same extent that
Real Time Datapro handles, uses and safeguards its own property, provided, however, if such
property is lost, destroyed or damaged while in the possession or control of Real Time Datapro, Real
Time Datapro shall not be liable to the Customer for any damages whatsoever by reason of such
loss, destruction or damage, provided that if such loss, destruction, or damage is due solely to the
negligence or fault of Real Time Datapro, its employees or servants, Real Time Datapro will, at its
own expense, reconstruct, replace, or repair such lost, destroyed, or damaged property.
11. While Real Time Datapro will endeavour to safeguard all information, confidences and data relating
to the Customer's business which comes into its possession, Real Time Datapro shall under no
circumstances be liable to the Customer for any claims of whatsoever nature or kind by reason of
the disclosure of such information, confidences and data relating to the Customer's business.
12. Real Time Datapro will, at its own expense, correct any errors in the work, which due solely to the
malfunction of its machines or the inadequency of its operators, programmes or programmers.
13. Real Time Datapro shall not be liable to the Customer for damages of whatsoever nature or kind in
respect to the performance or default in performance of the services required to be performed by it
hereunder, its only liability to the Customer being set out in Paragraph V (12) above.
TERMINATION OF SERVICES
VI. 1. Non Repetitive Services
If the schedule of services to be performed herein is solely for non-repetitive processing, the
services shall be deemed terminated by the Customer and Real Time Datapro upon their com-
pletion, or may be terminated by the Customer or Real Time Datapro upon giving written notice of
the termination to the other; provided that if Real Time Datapro has commenced to perform the
services prior to receipt of Notice of Termination from the Customer, the Customer shall pay to Real
Time Datapro, in accordance with the Schedule of Rates of Real Time Datapro from time to time in
force, for such services performed to the date of receipt of the Notice of Termination.
2. Repetitive Services
If the schedule of services to be performed herein is solely for repetitive processing, the services
may be terminated by either party after the end of the primary period mentioned in 111(1) on giving 30
days written notice to the other and unless so terminated the services shall continue as provided in
111(1).
3. Joint Non-Repetitive and Repetitive Services
If the schedule of services to be performed hereunder provides for both Non-Repetitive and
Repetitive Processing, then either one of the processing services required to be performed
hereunder may be terminated in the manner hereinbefore provided for the termination of that type
of processing, and the other service shall be performed as provided herein unless the party
receiving notice of such termination shall within 10 days give written notice to the other of
termination of the remaining processing to be performed hereunder.
4. Default .
Real Time Datapro or the Customer may terminate the services to be performed hereunder at any
time for failure of the other to comply with any of the terms and conditions herein by giving written
notice to the other of such default.
5. Premature Termination
Unless a written notice of default, in accordance with paragraph 4 of Real Time Datapro has been
received from the Customer, minimum charges for the complete "primary period" shall be
applicable in case of premature termination.
PAYMENT
VII. All accounts are due within ~dayS from invoicing and Real Time Datapro may render an account for
work completed notwithstanding that the services required to be performed herein are only partially
completed.
PRIOR AGREEMENTS
VIII. The Customer and Real Time Datapro agree that Agreement No.3,2,3.7., dated" '" ,J.AN.V,A,RY", "'" "19,, 7~""
shall be and is hereby terminated effective..................,M,<;l,r<;:,h,J~....)Q~g....,.........................................
EFFECTIVE DATE
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IX. This Agreement shall be dated as of and shall be effective upon its execution by an officer or employee of
Real Time Datapro who is authorized to execute such Agreement for Real Time Datapro, and shall enure
to the benefit of and be binding upon the parties hereto their respective heirs, executors, administrators,
successors and assigns.
The provisions of this Agreement are not and shall not be nor be deemed to be varied, modified, extended,
su pplemented or amended by any order or other docu ment submitted by the Customer, in any way concern ing
the services to be performed hereunder, any statement therein to the contrary notwithstanding and may only
be varied, modified or amended by agreement in writing signed on behalf of the Customer and Real Time
Datapro by their respective authorized representatives.
This agreement constitutes the entire agreement between the parties hereto and there are no
representations, warranties, collateral agreements or conditions other than as set out herein.
This Agreement shall be governed by and interpreted according to the laws of the Province of Ontario.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
Submitted by:
Town of Newcastle
Accepted by:
/ Town Clerk
uthorized Signature
~ ^t Utt'~ \--
Title
J~ 'Ll 1 g7-
E DATAPF~.o L TOt
~\AvJ
Per:
Per:
D.~J
Mayor
Title
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7
4K 11 j-r
Date
. REAL TIME DATAPRO LTD.
SCHEDULE "A"
NON-REPETITIVE SERVICES
Commencing in January 1982 , Real Time shall work with
the customer in the installation and implementation of the
standard on-line municipal information system.
Real Time Datapro agrees to complete the installation and to
provide regular processing services commencing during the
month of January 1982
On or before January 1982 ,Real Time Datapro shall install
the following communications equipment:
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Communication controller - (1)
video display units - (3) - Lear Siegler, Inc. ADM-3l
Dot Matrix Printer - (1)
UDS - 201 Modem - (2)
All necessary communications circuits
Installation specifications for customer equipment.
REPETITIVE SERVICES
A. Daily Services:
On a daily working day basis, Real Time DAtapro will provide
communication facilities to the Customer's data base consisting
of:
1.
2.
Financial Management -
Tax billing/Receivables -
February 1982
January 1982
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REAL TIME DA TAPRO LTD.
. SCHEDULE '"A''' CONTD.
These services will be provided through Real Time Datapro
specified communications equipment. During regular working
days, processing services will be available between the
hours of 8:30 a.m. and 5:00 p.m. Toronto time.
Real
i)
ii)
iii)
iv)
v)
vi)
vii}
viii)
Time Datapro shall provide the following on-line functions:
On-line updating of the tax and general ledger accounts
Enquiry of the data base
On-line printing of receipts for all payments
On-line printing of tax certificates
Daily audit listing and transaction summary reports
Daily backup of all data files
On-line printing of cheques
On-line printing of reports
.
Peri.odi'c S'ervices
Real Time Datapro shall provide the following services on an
on-request basis, in accordance with a mutually agreed to
processing schedule:
i) Annual Conversion of the Province of
Ontario Standard Assessment File
ii) Production of Interim and Final Municipal
Tax Bills, and related reports
iii) Annual production of detail reports for
historical retention purposes
iv) Volume printouts, as required on a batch
processing basis.
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contd. . ./3
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. REAL TIME DATAPRO LTD.
Interim and Final Tax Bills will be provided within seven (7)
working days after the receipt of all final data, and of
client authorization to proceed with the production of the
Tax Bills.
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. REAL TIME DA TAPRO LTD.
SCHEDULE "B"
CHARGES
Software:
Financial Management
Tax billing/accounts receivable
One Time Buy-In
$2,000
2,000
Fifty percent (50%) of the total software charges will be
due and payable upon execution of the agreement, the
balance fifty percent (50%) will be due and payable upon
installation and acceptance.
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Processing:
Financial Management:
Monthly software maintenance
Financial Management Module
Per General Ledger account
Per Accounts Payable cheque run
Monthly reports per lines printed
Tax Billing - per tax account
Annual S.A..8. tape conversion
Merge last year's data (if applicable)
Tax bills printed
Short collectors roll
Long coll~ctors roll
Special area & locals listing
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Locals by type listing
Locals by by-law listing
4.0<::
3.0<::
10.0<:
N.C.
3.0<::
1.5<::
1.5<:
1.5<::
Unit
Cost
0.10
50.00
6.50/M
Fixed
Monthly
Charge
$100.00
$150.00
contd. . ./5
...../5
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REAL TIME DA TAPRO LTD.
Mortgage sort & listing
Business/Realty separation
Supplementary tax billing
On-line accounts receivable
1. Monthly software maintenance
2. Fixed monthly charge
3. Per tax account per month
4. Creation of tape for either fiche
preparation or printing
a) create microfiche from above -
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5.
6.
7.
8.
9.
10.
b) create printed report of above
Tax arrears report & notices
Tax certificates
Receipts
Control and audit reports
Individual account print-out
Single copy of a tax bill
1.5<::
N.C:
$200 fixed charge per run
$100
$100
$0.07
$0.02/account
cost of fiche
at prevailing
rates
$0.05/account
$O.Ol/tax account on file
N/C
N/C
N/C
N/C
N/C
Cost of forms, shipping charges, etc. are extra.
CO~~ICATION CHARGES
i) Communication Costs
These costs are incurred for the communication line, and
associated modem equipment, in order to access Real Time's
facility.
At this time, they are estimates only and are subject to
confirmation of Bell Canada.
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i)
Communication Line Costs
$630.00/month
contd.. ./6
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REAL TIME DA TAPRO LTD.
PERIODIC SERVICES:
Real Time Datapro shall provide the following services on an
on-request basis, in accordance with a mutually agreed to
processing schedule.
A. Annual production of detail reports for historical
retention purposes.
B. volume printouts as required.
EQUIPMENT AND MAINTENANCE CHARGES
Based upon a configuration requiring 3 visual display units, 1
printer and communications equipment:
Purchase
Price
Monthly charge.
Maintenance Connect
1. communication controller - 1 $8,090 each $92 $-
2. video display units
3 - Lear Siegler, Inc. ADM- 31 $2,140 each $25 $25
3. Dot Matrix printer - 1 $4,550 each $60 $25
4. UDS - 201 Modem - 2 $2,000 each $20 $-
contd.../7
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REAL TIME OA TAPRO L TO,
TERMS:
1. Provincial Sales Tax is extra, if applicable.
2. The customer will be responsible for any delivery and
installation costs incurred. (This includes the supply
and installation of all cables). F.O.B. Don Mills, Ontario.
3. Ten Percent (10%) of the total equipment charge will be
due and payable upon execution of the agreement. The
balance - Ninety Percent (90%) will be due and payable
upon installation.
4. Fifty Percent (50%) of the total software charges will
be due and payable upon execution of the agreement, the
balance Fifty Percent (50%) will be due and payable upon
installation and acceptance.
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5. Conununication charges incurred for the conununication line
from the customer's location to Real Time Datapro's
processing centre will be based on the conunon carrier's
published tariff. Conunon carrier charges will be billed
directly to the customer.
6. Travel costs incurred regarding Real Time Datapro's
training instructor will be paid by the customer.
7. Real Time Datapro Ltd. reserves the right to review and
adjust the processing and service charges specified
herein, on each anniversJy date of the agreement.
8. All forms and supplies will be billed additionally at
the standard Real Time Datapro rates in effect at the
time.
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