HomeMy WebLinkAbout84-144
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84-144
being a by-law to authorize the execution
of an Agreement with Real Time Datapro
Limited (Computer Services)
THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS
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, for
the provision of computer services from January 1st 1985 to December
31st 1985, a copy of which is attached hereto as Schedule IIXII.
By-law read a first and second time this 10th day of December 1984.
By-law read a third time and finally passed this 10th day of December 1984.
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(File No.".L!?.4J~_.:~:_._._..1
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renJime daiapro ltd.
REAL TIME OATAPRO L TO.
Head Office: 797 Don Mills Road, Don Mills, Ontario M3C 1 V1
BETWEEN Corporation of the Town
40 Temperance Street
Bowmanville, Ontario
(name and address of Customer)
(hereinafter called "Customer)
Agreement No.... .3.2. .3.7...........
of Newcastle
and
REAL TIME DATAPRO LTD.
(hereinafter called "Real Time Datapro")
WITNESSETH:
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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 .................. ..... ........ ......... ....... ..... .... ......... ....... ...... ........... ......
Repetitive services to be performed each. '" .wo.r.kJ.n.g.. Q..~Y................. ..... for. .4.-:1. .......... ...... '" ....
consecutive. .., .mon.ths. ........... ...... ...... '" '" ..... .(herein after called the "primary period"), ...... .........
....................... ~.q~~~~~.~~.. .~.~.~:':l.~:':..Y... .~. ~ .~.?...........................................................................
..... '" .. '" ..... ..... ... ........ ... .. . '" . .. '" ..... . ......... ...... ....... . .., ..... ... " ...... .. .... . .... .. . ..... .... ...... . .. ..... ...... ...... .. . .. '" .
On-line Communications or
2. The Customer agrees to submit its data to Real Time Datapro by .Re.gl..'r.ime...p.9:t~.P;r;'.9....~.pproved
and agrees that such data will be submitted in the following form: Source Documents
3. Real Time Datapro agrees to process the work herein~JC...~~...q.~t.+Jp.~q..Jn...~.9.h~.4~J~...~~!\"
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.
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CHARGES
IV. The Customer shall pay to Real Time Datapro the following charges for the services to be performed
hereunder:
1. Unless otherwise specified in this Agreement the charges shall be .9.~...P~.r....s.G.l:\~.o.\.ll.e....~'.:a.'.'..
2. The Minimum Charge for services shall be $.15.,.OO.O....O.Q..................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 Datapro
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 Datapro to correct or complete such data
or as otherwise may be required in order to prepare it for processing, all of which shall be at the 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 Datapro 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 Datapro 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. 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, 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, orfinal 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 Datapro 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 Datapro in accordance with paragraph 8(iii}
9. If the services to be performed hereunder by Real Time Datapro provide for the development of a
programme by Real Time Dataproand 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.
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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 Cust9mer 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 ~f 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
1I1(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.
-_._.~~._---.,_....__.._-_._----------~--~.,-----~----~--~--~-,-,-------~'-'--'"'------"'-"-'----
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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 10 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.~4T7. dated..~~P.~~.~Y...........19.~.?.....
shall be and is hereby terminated effective.....................lst....,January...19.85................................
EFFECTIVE DATE
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,
supplemented or amended by any order or other document submitted by the Customer, in any way concerning
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.
Sub'mitted ~v:'-":";", ,~,..".. F<: ?l":"~"'"l'n r
'1,,-,....; "".'.I!~V'. ~I ij.~j~ n\..h.ii~J ~a ~~':~.~'i~~j.'
Accepted by:
REAL TIME DATAPRO LTD.
_ p ze of ClJsto~./7 .
~,;?A h'L ~d I. . - .~
Auth rize SIgnature
~~ / e~
Title
to-<x~ III fz-. 1'1 g C/-
Per:
Authorized Signature
Title
Date
Date
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REAL TIME DATAPRO LTD.
3237
5-Qtl.E.Q!l!...E._~8.~
R(eE.IlI1YE_~ERYlQ~~
1. UQll~_~~CY1~g~
On a dally working day basIs, Real Time Datapro wll I provIde
communication facilities to the Customer's data base consIsting
of:
a
1. Financial Management
2. Tax BI I I lng/Receivables
3. Clerk's On-LIne System
4. Parks and Recreation Registration System
These servIces wi I I be provIded through Real Time Datapro
specifIed communications equipment. During regular working
days, processing services wi I I be available between the hours
of 8:30 a.m. and 5:00 p.m. Toronto time.
Real Time Datapro shal I provide the following on-line functions:
;) On-lIne uodating of the tax and general ledger accounts
ii) Enquiry of the data base
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On-line printing of receipts for al I payments
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On-line printing of tax certificates
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REAL TIME DATAPRO LTD.
v) Daily audit listing and transaction summary reports
vi) Dally back-up ot all data tiles
vi i) On-line printing of cheques
vi I I) On-line printing ot reports
2 . e.~r.1QJJ. I c _S.~r.Yl~~2.
Real Time Datapro shal I provide the tol lowing 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 FI Ie
Ii) Production of Interim and Final Municipal
Tax BI I Is, and related reports
III) Annual production of detail reports for
historical retention purposes
iv) Volume printouts, as required on a batch
processing basis.
Interim and Final Tax Bi I Is wi I I be provided within seven (7)
working days after the receipt of al I final data, and of
client authorization to proceed with the production of the
Tax 81 I Is.
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3237
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REAL TIME OATAPRO LTD.
3237
S.CtlE.DJ1L E _~~~
C!:i8.8.~E.s.
ElN8.~ Ql8.J..._M8.tf8.fi.EJ1E.tfl
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Fixed charge
$160.00/month
$110.00/month
Software maintenance
Variance Report Generator
$110.00/month
Cheque Run charge
$ 53.00/run
Account charqe $ .ll/account on fi Ie
(includes G/L accounts, G/L summary accounts and suppl ier accounts)
Creation of tape for either
fiche preparation or printing
$
.22/account on fi Ie
a) Create microfiche from above
- cost of fiche at
preva i ling rates
b) Create printed report of above
$
.053/account on fIle
Miscellaneous printing at RTD
$ 7.00/M print lines
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--'"~-~--~---~ -------------------'.----- --- -- _~ __~______~_____'_m_______~_______
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REAL TIME DATAPRO LTD.
3237
IAX_B-Lt...l LtHL~_-&CQQ!1til.s._B.E.QE.1Y&flh.~
Item
r..t I n i mum
Unit Price
1. F I xed charge
$110.00/month
2. Software maintenance
e
$110.00/month
3. Per tax account per month
$.74/account on fl Ie
4. Annual S.A.S. update
(includes conversion & merge)
$150.00
$.82/account on fl Ie
5. Supplementary update
(Includes conversion & merge)
$150.00
$.82/account updated
6. Tax bl I Is/notices
$120.00
$ .117/ account on f I Ie
7. Bank standard tax bll I $120.00 $.14/account on fl Ie
(plus 500.00 systems & programming charge first year only)
8. Short rol I
N/C
N/C
9. Long roll
$30.00
$.035/account on fi Ie
10. Special areas & locals
$55.00
$30.00
$30 . t 6
$30.00
N/C
$0.00
$.016/account on file
11. Loca I s by type
12. Locals by By-law
$.016/account on file
$.016/account on fIle
13. Mortgage sort & report
14. Business/realty sort
$.016/account on fl Ie
N/C
15. \1arrants
$1 .06 each
16. Miscellaneous printing at RTD
$0.00
$7.00/M print lines
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REAL TIME DATAPRO LTD.
3237
17. Fiche creation per account
18. Printed report of above fiche
19. Tax arrears notices & report
COST OF STOCK EXTRA
$0.021/account on file
$O.53/account on fl Ie
$O.Oll/account on file
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REAL TIME DATAPRO LTD.
3237
MU~lQlE~l_Ql~aK~~_~~=hl~~_ltlEQ~M~I1Qtl_SY~I~M_E~Q~~~~1~Q_~~~~QE~_=_!~~~
1. Generatron and printing of sequential
rol I number labels overnrght to be
printed locally or at Real Time:
BasIc run charge: $30.00/run
Charge per I abe I : $.053 each
* Note: When printed at Real Time, there
Is an addItional charge of $7.00/M lInes
$0.053 each
2. Printing of non-sequential ro II
number labels ( I oca I I Y on I y)
3. Printing of check list locally only
4. Printing of check list at Real Time
COST OF STOCK EXTRA
N/C
$7.00/M lines
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REAL TIME DATAPRO LTD.
3237
MU~lC1PAL-e&aK~_~tlQ_R~QR~~I1QN_R~Ql~IR&IlQ~_ERQQ~~~l~Q-Q~~~Q~~_=_!2~~
1. Fixedcharge
2. Per appl ication processed
3. Misc. reports printed at Real Time
$480.00/month
.11 each
7.00/thousand lines
COST OF STOCK EXTRA
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REAL TIME DATAPRO LTD.
3237
2. e.E.R.10DlQ~E..B.Y1Q.~~
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.
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REAL TIME DATAPRO LTD.
3237
3. tlaRQ~&R~_M&lNT(N~N~~_~_~QNN~~I_Qli~~~~~
Monthly Charge
Maln1~____QQnn~~1
1. 8202 Communication controller - each
$112
N/C
2. Video display units
Lear Siegler, Inc. ADM-31 each
3. Lear Siegler, Inc. ADM-11 each
$15
$25
$25
$25
4. Dot Matrix printer - LSI 310 each
5. SAM - 212 modems - per pair
$60
$15
$25
N/C
6. LOS 120 limited distance data sets per pair $ 7
liRMS.
1. Provincial Sales Tax is extra. If applicable
2. The customer wi I I be responsible for any del Ivery and
Installation costs Incurred. (This Includes the supply
and Installation of all cables).
3. Ten Percent (10%> of the total equipment charge wll I be
due and payable upon execution of the agreement. The
balance - NInety Percent (90%> wll I be due and payable
upon Installation.
4. Fifty Percent (50%> of the total Software charges wll I be
due and payable upon executIon of addendum to the agreement, the
balance Fifty Percent (50%> wi I I be due and payable upon
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Installation and acceptance In writing.
5. Communication charges Incurred for the communication lines from
the customer's location to Real Time Datapro's processing centre
wi I I be based on the common carrier's published tariff. Common
carrier charges wi I I be bl lied directly to the customer.
6. Travel costs Incurred regarding Real Time Datapro's training
Instructor wi I I be paid by the customer upon receipt of Itemized account.
7. Real Time Datapro Ltd. reserves the right to review and adjust
the processing and service charges specified herein, on each
anniversary date of the agreement. The increase will be limited
to the national consumer price Index as a maximum.
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