HomeMy WebLinkAboutSoftware Subscription - West Publishing Corporation - Access to Legal Research Software by the City of SB1316 COUNTY -CITY Bim,Dmi
227 W, JEFFMON BOULEVARD
Sou in BEND. INIXANA 46601-1830
CITY OF SouTfi BEND PETE BUTTIGIEG, MAYOR
BOARD OF PU13LIC WORKS
February 13, 2018
Matthew Burch
West Publishing Corporation
610 Opperman Drive
PO Box,6483,3
St. Paul, MN 55164-1803
RE: Software Subscription
Dear Mr. Burch:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on February 13, 2018, approved the above
referenced agreement regarding access to legal research software by City of South Bend
Legal Department in the amount of $12,808.80 for 2016; $13,064 for 2017; and $13,326 for
2018.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Mai -tin, Clerk
Enclosure
c: Anne Fuchs, Legal Department
GARY A. Ga.o-r S,UZANNA M. FRITZBERG Ei.1ZABETii A. MARADIK JAMEs A. MUELLER THEMISE J. DORAU
WEST ORDER FORM
610 Opperman Drive, P.O. Box 64833
St. Paul, NM 55164-1803
Tel: 651/687-8000
THOMSONIREI)TERS"
aieck ILesl accoisalglofig fiele (is (ingficable, RettName &Number Matthew Burch 0111795
New _ (NACI Form attached), Existing with Increase Credit Limit _ (NACI Form attached)
L' x1sting with 114) Changes Elmstingwitbelianges )� (I)eriiiaiieiitnainceitatigeiiiiistaffacliaCtistoiiierNaiiieClifknger-oriii)
. ........................... ........................................... .......................... 1 .....................
Acct 4 1000493317 - Quote V PO# Date 6/19/2016
Ci
Natne/Subscriber South Bend Department of Law Bill To Aect # 1000493317
Order Confirmation Contact Natue Anne Fuchs
E-Mail afuchsQsouth bend in. gov
V
Password Contact Name (for password delivery) Anne Fuchs
E-Mail afuchs@southbendin.gov
Thne and Billing Con(ac(Nallie
E-Mail
Permanent Address Change (}rue -Time Ship To Additional Ship To Additional Bill To
�11
Name Attic
Address Sulte/Flool.
fast
city State County Zip
Online/CD-ROM/Practice Solutions/Soffivare Products
Per,
Online/CIO-ROM/Practice moutilly Rate User/Cone. Total Monthly
Total MontblyCliarges$ $1067.40
Onlive/CD-ROM/Practice So'lutians/Software Products Subscriptions
Monthly Clinrges begin oil (lie date West Publishing Corporation ('"West, "we" or "out") processes your order and corithive: for 12 complete calendar months (Mininnun
Subsoriber ("you" or "I') is also responsible for' all Excluded Charges. Lxcluded Charges are charges for accessing Westinw data or a Practice Solutions scrviee that is
1101 included ill Your subscription, Excluded Charges may change after 30 clays wrillen or onfiric notice.
Initial below for longer NiffillanuuTerju.
24 itiouth Minimum Term. Monthly Cliarges for tine second 12 nioriffis will be % over the first 12 niotiths.
36 morith Minimum Term. Monthly Charges for the second 12 months will be 2 % over (lie first 12 moriths', Mojubly Charges, for tine third 12 monflis
willbe P %ovcrthesecolidl2morilbs,
3/1/16 SAMIlict ffdol
When your Minimum Ternn terminates, the following will apply:
Govcrnm►eut Subscribers Post-NIlmilnruM Term. If you are a government subscriber, your subscription will change to a nlorlul-to-month status at the end of the Minimum
Term, and your Monthly Charges will be billed at up to then current retail rate. Thereafter, we may modify the Monthly Charges after 30 days notice. You are also
responsible for all Excluded Charges. Excluded Charges may change. after 30 days written or online notice. Either of us may cancel the monllt-to-monlb subscription by
sending 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperimain Drive, N.O. Box 64833, Eagan MN 55123-1803.
Automatic Renewal Term for Mon-Governrueut Subscribers Only, If you are a non -government subscriber, your subscription will automatically renew at file end of the
Mininium Tenn, Each Automatic Renewal Ternl will be 12 mouths in lengut C Automatic Renewal Term") And include a 7%price increase unless we notify you ofa different
rate at least 60 days before each Automatic Renewal Term begins, You are also responsible for all Excluded Charges. Bxcluded Charges may change after 30 days written or
online notice, Either of us may cancel in writing 30 days before an Automatic Renewal Term starts. Send your notice of cancellation to Customer Service, 610 Opperman
Drive, P.O. Box 64833, Eagan MN 55123-1803
I West LeviEdeenter Products Subscriptions !
Monthly Charges begin on the date we process your order and will continue for a Minimum Term of 12 complete calendar Months, You are also responsible for Excluded
Charges. Excluded Charges are charges for West Legalldeemer programs which are not included in lire Online CLE Pass. Excluded Charges will be billed at our then current
rate via credit card billing.
Initial below for a longer klirrinlunt Term.
24 month ll•Ilnimuni Term. Monthly Charges for the second 12 months will he %over ti►e first 12 months.
36 month Minimum Term, Monthly Charges for lire second 12 months will be % over (lie first 12 monflrs; Monthly Charges for the third 12 months
will be % over the second 12 months.
Post Minimum Term. Your West LegalErIceoter subscription, not part of a WcstlawNRO Select, will change to a momh-to-month status at the end of the Mininium Tenn,
and your Moodily Charges will be billed at up to the then current retail rate.
Either of us may cancel effective at,the end of the Minimum Term or ally tittle thereafter oar 30 days written notice. Send your notice of cancellation to Customer Service, 610
Opperman Drive, N.O. Box 64833, Fagan MN 55t234803.
West LegalEdeenter annual billing (please cheek if requested)
CD-ROM Products
Monthly Charges for CD-ROM Products subscriptions with Westlaw, access begin on the date we proccs.5 your order and continue for a Minimum Term of 12 complete
calendar Months. If you have nu existing Per User CD-ROM license and are adding addiflonal users with this Order Form, flue Minimum Tern in your underlying Order Form
will apply.
During your subscription terms, you will receive subscription services eonsisting of aulonla(ic shipments of updates, replacement or supplemental CD-ROMs and online
updates. If your CD-ROM product includes Westaw access, note that Westlaw charges may he modified after 30 days written or online notice.
Initials for Post A3inimmlt Term Subscription Services, I request that WeA continue to provide subscription services for the CD-ROM Products listed above after
Cite Minimum 'term. Your CIS -ROM Products subscriptions will change to a month -to -month status At the end of the Minimum 'Perm, and your Monthly Charges will be
billed at up to our then current retail rate,
Your West sales representative will provide frequency of updates upon request, For (ransporlalion charges, returns and refunds see Miscellaneous below.
Either of its may cancel effective at the end of the Minimum 'ferns or any time (hereafter on 30 days written notice. Send your notice of eancellationl to,Customer Service, 610
Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803.
CD-ROMtIAM annual billing (please clueck if reques(ed)
Banded Products Subscri ttions
You !nave 10 Attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel, and the like), corporate users, personnel or full -time -equivalent students
for tine banded products you selected to license or purchase in this Order Forll. Our pricing for banded products is made in reliance upon your co tificatiou, if the learn that
file actual number is greater, we reserve (lie right to increase your charges as applicable,
Internal Corporate Use Only 13I�3D
311116 SAMinct 8.dot
Tecimical Contacts for Westlaw Patron Access, Campus Research and Thomson Innovation Administrator
Technical Contact Name (please print):
Telephone:
E-Mail Address:
Current Account #:
Patron Access: IP Address;
One 1P Address per terminal. Additloaal pages may be aliactied If needed.
Campus Research: IP Address Range
Order's submitted Without IP Address information play delay set up and access.
Subscriber Initials Terminals Will be used for Patron Access (not required for Campus Research).
Subscriber Initials Concurrent users will be used for Patron Access (riot required for Campus Research),
Contact us to increase the munber of publicly accessible terminals or concurrent users, We reserve the tight to increase your charges if lve learn
that you have increased the number of publicly accessible terminals without first contacting its.
Fol' Intercial Offiee Use 0111y
OF Instructions: Max Concu = # of terms/Eml to W`I'C/Blk Ancil/I term = 5 atty— l pwfFech cost = 59
Tholllson Innovation Administrator Name (please print):
E-Mail Address:
Oullue/Practicc Solutions/Software Renewals
Sub Matl # Online/Practice Solutions/Sofhvare Products Current Monthl Char es*
Notes:
* Renewal Tefin Monthly Charges will lie based oil (lie Monthly Charges ill effect lire morph before Iho Renewal Terri starts. '1'iiis anlortnt may be ditfcrcnl front tare Current
Monthly Charges shown above.
Renewal Term Monthly Charges begin at tie end of your Minimum Term or current Renewal Term. You are also responsible for ail Ncluded Charges. Excluded Charges are
charges for accessing Westlaw data or Practice Solutions services that are not included in your subscription. Excluded Charges may, chaago after 30 days written or online
notice.
Initial below to select the Renewal Terra.
12 month Renewal Term, Monthly Charges for file first 12 nlonths will be % over file Monthly Charges in CWCCI at the end of the current Minimum or Renewal
Term.
24 ulotltb Renelenl'1'erill, Monfbly Charges for the first 12111011ths will be _% over the Monthly Charges in effect at the end of the current Minimum or Renewal
Term. Monthly Charges forilne second 12 nlonths will be %over the first 12 months,
_ 36 month Rcumal Terris, Monthly Charges for the first 12 months will be % over the Monthly Charges in effect at [lie end of file current Minimum or Renewal
Term, Monlilly Charges for the second 12 months will be % over the first 12 nnon[lis; Monthly Charges for (lie third 12 months will be % over (Ito second
12 motlllis.
When this Renewal Term cxpires the following will apply.
Government Subscribers Post -Renewal Term. If you are a gomiuricat subscriber, your subscription Will change to a month -to -month status at lire end of the Renelvul
Terns, and your Monthly Charges will bo billed at up to (lie (bell current retail rate. Thereafter, we may modify the Monthly Charges alter 30 days notice, You are also
responsible for ull UNcluded Charges. Excluded Charges may change alter 30 days written or online notice, Either of us may caticel the montli-lo•morith subscription by
sending 30 days wrilicn notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.Q. Box 64833, Eagan MN 55123-1803.
Automatic [renewal Term for Non-Gavernment Suheeribets Only. If you are a iron -government subscriber, your subscription will automatically renew at the end of Iho
Renewal Term, Each Automatic Renewal Terns will be 12 montis in length and 'include a 7% Price increase unless %ve notify you of a different rate at least 60 days before
each Automatic Rcamal Term starts. You are also responsible for all Lixeluded Charges. Excluded Charges may change after 30 days written or online notice. Either of us
niay cancel in writing 30 days before an Automatic Renewat'1 erm starts. Solid your notice of caacelintion to Customer Service, 610 Opperman Dfive, P.O. Box 64833, Eagan
Mid $5123-1803,
3/1 /16 SAMlncl 8.doi
TPasswords and QuieliView+
Last Name I?Wst Name, M.I. Jdg C10i Atty Lib Parn Other Product(s)
SEE ATTACHED LIST
QuickView is provided as a service to you for estimating your Wesdaw charges. Actual charges billed may vary from QuickVicw+ due to discounts you receive or other
charges, such is (axes.
Identify which Westlaw password h0ldCl' YOU would nice to have QtdcI(view+ nceem
Last Name First Name E-111ail
Print/CD-ROM 11i,oducts
List faint Subscription
Full Svc At PHrit/CD-ROM Products Quand(v Charges Other cliarp-es Service (Y111)
Notes:
Total Charges S
Iltiflid fav Sulmeriplion Services. I request West to provide milneriplion services for the print road/or CD-ROM products designated above. Print and/or CD-ROM
subscription services include automatic shipments. For print subscriptions you will receive taltomatic shipments ol'updates and supplements, such as pocket parts, lutolphlets,
replacement volumes or loose-leaf page% and will be billed or auto -charged or debited (irsepramy authorized) at our then current rate. For CD-ROM qLlb9Cdl)fi0a9 YOtt will
receive automatic shipments of updates and supplements and will be billed or auto -charged or debited (if separately authorized) at our then current rate.
Your West sales mplesca(ative will provide frequency of updates trilon request. Transportation charges, return and retund information is in the Miscellaneous section below.
subscription services will continue until cancelled by either paily tit any tillie in writing. serld Your notice of cancellaflon to Cuslomer Service, 610 Oppermau Drive, P.O. Box
64833, Fagan MN 55123-1803.
Online/CD-ROM Products to be Lapsed
Fit[] Svc N Clifflue/CD-ROM Woducts # of Passwords
40988636
WN CUSTOM PRO LVL 1 GOV SEL 16-17 BANDED
ALL
Notes:
Lapse all to be replaced with new WL Plan
If you access Wesilaw regal ated ditta, you receive roaming access by default. Roaming access penults users located outside your designated 11' address range to access Westlaw
regulated data. Wentay block; roaming access 8(our option. You rally choose to block roanihig, access by hildrding below.
Initial to block roallihig access
3/1/16 SAMInet 8'(101
IE miscellalleous
I Charges, Payments & Taxci. You agree to pay all charges in fill within 30 days or the date of invoice. You arc responsible for any applicable sales, use, value added
tax (VA71), cle, unless you are tax exempt. If you are a non -government subscriber and fail to pay your invoiced charges, you are responsible for collection costs including
attorneys" fees,
1 Ci-edit Verifleritloti., If you are applying for credit as an individual, we may request a consumer credit report to de(eniline your creditworthiness, if we obtain a
cormaner credit report, you may request the name, address and telephone maliber of the agency that supplied the credit report. If you are applying for credit on behalf of a
business, we may request a current business financial statement from you to consider Your request.
3. Excluded Charges. If you access Wastlaw data or Practice Solutions services fliat are not included in your subscription you will be charged our thou current rate,
Excluded Charges will be invoiced and due with your next paiyrricnl. For your reference, the current Excluded Charges schedules are located at
lot I/js at io. I cpalsolu I io I I 1. 11 onisoprou I ens .pglrr&f id and ' 1it1j)J/_i1t9jPAc I rem I e rs. co il I Is wklaa
At
kour%(�- �rm- - jAirjiL-ga.sL1g am It. Excluded Charges may change after 3O days written or onfiric notice, Modification of Excluded Charges or Schedule A rates is not n
basis for tenaination under Terra, Termination of the GencralTerms and Conditimm
4. Auto, Charge Credit Card/Electronie Funds Transfer Election Payment Terms. You may aufliorize us to automatically charge a credit card, debit card or electronic
fluid transfer to pay charges due, Contact Customer Service tit 1-800-328-4880 for authorization procedures. If you are authorizing as part of this order, or have already
authorized us to bill a credit card or debit card or make electronic fluid transfer for "West subscriptions <)a oil ongoing basis, no further action is needed,
5. Returns and Refunds, You may return it print or CD-ROMIDVD product 10 us within 45 days of the original shipment date if you are not completely satisfied. Assured
Print Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ellack, Wcs(Pacic, Westlaw, CLEAR, Monitor Suite, ProView eBook, Software, West
LcigalUcen(ce, Practice Solutions, TREWS and Serengeti charges are not refundable. Please see fb( s lie tLI�Lr&lnj LILIL Or
jj
contact Customer Service at 1-800-328-4880 for additional details regarding our policies on rolurns and refund&
6, Transportation Charges. Print and CD-ROMA)VD products are shipped 17.03. origin, Transportation charges will be added forcxpedi(cd shipments made myour
request and for luternational product delivery. Expedited shipments and international product shipments will be charged at the then current carrier rate.
7. Applicable Law. "finis Order Form will be interpreted under Minnesota state law. Any claim by one of us may be brought in the stole or federal courts in Minnesota. if
you are a state or local governmental entity, your state's law will apply and any claim may be brought in the state or federal courts located in your state, lryou arc a United
States Federal Comoracrit subscriber, United States federal law will apply and any claim may be brought in any federal court.'
8. Getick-alTernis and Conditions, located at HjakRSA ILI vj&LLq - �qi i s-o �&qjqns �Ar apply to all products ordered, purchased
or licensed our this Order Form except prim, [it the event that there is a conflict of terms between the General Terms and Conditions and this Order Forin, the terms of (iris
Order Form control. This Order Form is subject to our approval.
9. Product Specific Terms. The following products have specific terms which are incorporated by reference and made part of this Order Form if they apply to your order,
They can be found at 11til)L/61giC jg, I � �W. 111tions.flio If the product is not par( of your order, (lie product specific terms do
not nl)ljly.Iffliercisacojiflietbct%%,cetil)i,oductsliecitac(earns aiidtlicOrder i�'oriii,the l)rodticispeciric,teL,jiiscoiitrol.
Couipus Research
• CD-ROM Products / DVD products
ConlractlHxpress
Hosted Practice Solutions
ProView eBooks
• Time and Billing
• West kin software
West LegalEdeenter
o Wesilaw Doc & Form Builder
Wesillaw Paralegal
Wesilaw Patran Access
ACKNOWLEDGMENT
I warmat (lint I am authorized to accept these terms and condilions oil behalf of
Subscriber.
Printed Name A01r 1', � fa /
Title ar ow
Date
Signature X
For Credit Card Transactions only:
Card It
VIER Muster Card
r. Date
For Internat Use Only (Rol) to complete for telephone print orders only)
By signing and completing below the Rol) certifies that he/she discussed
subscription terms with Subscriber and has initiated tire subscription
services sections above on behalf of tile Subscriber.
Date: Time:
Name of Customer Placing Order:
Signature of Rol):
'Vil"u') Vul.)
i'loard o Yet W()rk,,
Alit EN
Total Amt. to Charge for this Order
mic funds transfers have been seoaralelv authorized.
3/1/16
SAMInet
8401
WestlawPRO - Deal Builder - Government Select - WestlawNext - Modules Addendum
Customer Account Address:
Account #.1000493317
SOUTH BEND CITY ATTORNEY LAW DEPT
COUNTY CITY COMPLEX
227 W JEFFERSON BLVD STE 1200S
SOUTH BEND
IN
46601
us
6742369241
Core Product: Primary Law with KeyCite(b: All — Indiana (WestlawNext7m)
Modules Selected
Drafting Assistant Litigation & Transactional with West Case Notebook Research Only
Govt Pit - Know How
Govt Pit - Litigation
Govt Pit - National Core
Govl Pit - Premium Analytical �y
)scriber's Initials for Modules elected by Subscriber; ! '
:e'
ted: 510/2016 11:24 AM
Name
Role
Email
Elliot Anderson
Attorney
eanderso@southbendin.gov
Nancy Baum
Non -Attorney
nbaum@southbenin.gov
Cristal Brisco
Attorney
cbrisco@southbendin.gov
Aladean DeRose
Attorney
aderose@southbendin.gov
Benjamin Dougherty
Attorney
bdougherty@southbendin.gov
Anne Fuchs
Non -Attorney
afuchs@southbendln.gov
Andrea Huntington
Attorney
ahunting@southbendin.gov
iasha R Outlaw
Attorney
toutlaw@southbendin.gov
Katy Rajski
Non -Attorney
I<rajski@5outhbendin.gov
Michael Schmidt
Attorney
mschmidt@southbendin.gov
Stephanie Steele
Attorney
ssteele@southbendin.gov
Lawrence Wroblewski
Paralegal
Iwroblew@southbendin.gov
GENERAL TERMS AND CONDITIONS
Thomson Reuters Legal Products and Professional Services
These General Terms and Conditions govern your use of the Thomson
Reuters Legal information products, software products which include on -
premise software and hosted software, and professional services in the
Thomson Reuters ordering document. "We", "our", "Thomson Reuters"
and "Thomson Reuters Legal" means West Publishing Corporation and
our affiliates; "you" and "your" means the Subscriber identified in the
ordering document.
The ordering document identifies the Thomson Reuters products and
professional services, the quantities, charges and other details of your
order. The ordering document also refers to documents which may apply
to the products or professional services you selected. The ordering
document, any applicable referenced documents and these General
Terms and Conditions constitute the complete agreement and supersede
any prior discussions or representations regarding your order. If the terms
of the ordering document are different from these General Terms and
Conditions, the ordering document will have priority. Other terms and
conditions you incorporate into a purchase order or similar document
shall not apply.
1. License Terms. (a) We grant a non-exclusive, non -transferable,
limited license to you to use the product in your ordering document in the
regular course of your business. We maintain all rights of ownership to
our products. Our products change from time to tune. Access to certain
data may be restricted. We are not providing legal advice by allowing
you to use our products. Your interpretations of data are your own for
which you have full responsibility.
(b) On -premise software product licenses include updates (bug fixes,
patches, maintenance releases) but do not include upgrades (releases or
versions that include new features or additional functionality). You may
use our software product in object code only. You may make copies of
our software product for backup and archival purposes. The copy must
include an embedded copyright or proprietary rights notice. No other
copying or reproduction is allowed. You may not modify, translate or
create derivative works of our software products.
(c) You may quote and excerpt from our information products in your
work with the appropriate cite and credit to the source. Except as
provided in paragraph I (d), you may stone data from our information
products in a secure internal system in the regular course of your
business. You may display our information product data internally. You
may transmit our information product data electronically using a feature
" THOMSON, REUTERS
completeness of information submitted to you by each applicant for
registration on Form U4 or Form U5 in compliance with the
requirements of FINRA Rule 3110. You may use the information
products in this manner only in furtherance of written policies and
procedures that are designed to achieve your compliance with FINRA
Rule 3110 or as otherwise allowed by these General Terms and
Conditions.
2. Third Party Providers. Our products may include data and/or
software from third parties. Some third party providers require us to pass
additional terms through to you. The third party providers change their
additional terms occasionally and new third party providers are added
from time to time. You agree to comply with all applicable third party
additional terms. To see the current third party additional terms for
Westlaw and CLEAR information products go to
httn://IejZalsolutions.com/-tvestlaw-additional-terms and
htto:/Ilet!alsoiutioiis.com/clear-additional-terms.
3. Regulated Data. Due to the regulated or private nature of some data
in our information products like credit header data, motor vehicle data,
driver license data and voter registration data, you may need to complete
a credentialing process which will include certifying what your legally
permissible use of the data will be. You agree to immediately notify us if
any of the information you provided in your ordering document or during
the credential ing process changes. You agree and warrant that you are
the end user of this data and that you will only use it for your own
internal business purposes. You also warrant that you will strictly limit
the access, use and distribution of this data to uses permitted under
applicable laws, rules and regulations and as permitted by the third party
additional terms. You will keep the data confidential. You will use
industry standard administrative, physical and technical safeguards to
protect the data. You will not disclose it to anyone except as necessary
to carry out your permissible use. You will immediately report any
misuse, abuse or compromise of the data. You agree to cooperate with
any resulting inquiry. If we reasonably believe that the data has been
misused, abused or compromised, we may block access without
additional notice. You are responsible for all damages caused by misuse,
abuse or compromise of the data by you, your employees and any person
or entity with whom you shared the data. We will be responsible for
damages caused by us.
in the information product or print and share that information product
data as necessary in the regular course of your business. Copyright
notices must be retained on the transmitted or printed items. The
Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional
uses.
(d) You may not sell, sublicense, distribute, display, store or transfer
our products or any data in our products in bulk or in any way that could
be used to replace or substitute for our products in whole or in part or as
a component of any material offered for sale, license or distribution to
third parties. You may not use any means to discern the source code of
our products.
(c) Your access to certain products is password protected. You are
responsible for assigning the passwords and maintaining password
security. Sharing passwords is strictly prohibited.
(f) You may not run or install any computer software or hardware on
our products or network or introduce any spyware, malware, viruses,
Trojan horses, backdoors or other software exploits.
(g) We are not a consumer reporting agency. You may use information
product data to support your own processes and decisions but you may
not deny any service or access to a service to a consumer based solely
upon the information product data. Examples of types of service include
eligibility for credit or insurance, employment decisions and any other
purpose described in the Fair Credit Reporting Act (15 U.S.C.A. 168lb),
(h) If the Financial Industry Regulatory Authority regulations apply to
4. Hosted Products. (a) Our hosted products are designed to protect the
content you store in the hosted product. You grant us permission to use,
store and process your content in accordance with applicable law.
Access and use of your content by out- employees and contractors will be
directed by you and limited to the extent necessary to deliver the hosted
product, including training, research assistance, technical support and
other services. We will not disclose your content except in support of the
use of the hosted products or unless required by law. If the agreement
expires or is terminated, we will provide access to the hosted product for
180 days so that you may remove your content. The agreement will
remain in effect through the I80-day extraction period.
(b) We will provide notice to you of any unauthorized third party -
access to your content of which we become aware in accordance with
applicable law and will use reasonable efforts to remediate identified
security vulnerabilities. If your content is lost or damaged, we will assist
you in restoring the content to the hosted product from your last available
back up copy.
(c) You are responsible for ensuring that your content does not infringe
on any intellectual property right, violate any applicable laws or the
terms of any agreement, If we are notified that your content may infringe
on the intellectual property rights of a third party we may be obligated to
delete or disable it from the hosted product under the Digital Millennium
Copyright Act (17 U.S.C.A. 512).
you, you may use our information products to verify the accuracy and
711/17 SAMInet
999.dot
5. Professional Services. The professional services applicable to your awards against you or that are included in a settlement approved by us.
order, if any, are described in the ordering document or a statement of You must promptly notify us in writing of the claim, supply information
work. we reasonably request, and allow us to control the defense and
settlement. We have no liability for claims that include items not
G. Privacy. The parties will at all times process personally identifiable
information (PII) you provide to us in accordance with applicable law.
You confirm that you will only upload or disclose PII as permitted by
applicable law. The parties will use reasonable efforts.to assist one
another in relation to the investigation and remedy of any claim,
allegation, action, suit, proceeding or litigation with respect to alleged
unauthorized access, use, processing, or disclosure of PII, Each party will
maintain, and will require any third party data processors to maintain,
appropriate physical, technical and organizational measures to protect the
PII against accidental, unauthorized or unlawful destruction, loss,
alteration, disclosure, or access. PII includes any information relating to
an identified natural person or a natural person who can be identified
directly or indirectly by means reasonably likely to be used by the
controller of the information, or any other natural or legal person,
7. Confidentiality. Confidential information received from each other
will not be disclosed to anyone else unless required by law or if
necessary to perform the agreement. The receiving party agrees that
during the term of the agreement and for three years afterward, it will
continue to protect the confidential information. The parties will use
industry standard administrative, physical and technical safeguards to
protect the confidential information, If a court or government agency
orders either of us to disclose the confidential information of the other
party, the other party will be promptly notified so that an appropriate
protective order or other remedy can be obtained unless the court or
government agency prohibits prior notification.
8. Warranties and Disclaimer of Warranties. OUR INFORMATION
PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND. WE WARRANT OUR SOFTWARE
PRODUCTS WILL CONFORM TO OUR DOCUMENTATION.
WE WARRANT THAT WE PROVIDE PROFESSIONAL
SERVICES USING COMMERCIALLY REASONABLE CARE
AND SKILL. WE ➢O NOT WARRANT UNINTERRUPTED OR
ERROR -FREE OPERATION OF OUR PRODUCTS OR THE LIFE
OF ANY URL OR THIRD PARTY WEB SERVICE. THESE
WARRANTIES ARE THE EXCLUSIVE WARRANTIES FROM
US AND REPLACE ALL OTHER WARRANTIES, INCLUDING
WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS AND CURRENTNESS.
9. Liability. (a) The entire liability of Thomson Reuters or any of our
third pasty providers for all claims arising out of or in connection with
the agreement will not exceed the amount of any actual direct damages
up to the amounts you paid in the prior 12 months for the product that is
the subject of the claim, We are not liable for special, incidental,
exemplary, indirect or economic consequential damages, anticipated
savings, lost profits, lost business, lost revenue, or lost goodwill.
(b) You are responsible for following all usage instructions, for
adhering to the minimum recommended technical requireinents, for
changes you make to our product, for your failure to implement and
maintain proper and adequate virus or malware protection and proper and
adequate backup and recovery systems, and for your failure to install
updates. We will not be responsible if our product fails to perform
because of your third party sof ware, your hardware malfunction, or your
actions or inaction. If we learn that our product failed because of one of
these, we reserve the right to charge you for our work in investigating the
failure. At your request we will assist you in resolving the failure at a fee
to be agreed upon.
(c) If a third party sues you claiming that a product you licensed in the
agreement infringes that party's intellectual property right and your use
of our product has been in accordance with the terms of the agreement,
we will defend you against the claim and pay damages that a court finally
provided by us.
10. Term, Termination. (a) The term and any renewal terms for the
product are described in the ordering document.
(b) We may suspend or limit your use of our products or professional
services or terminate the agreement if, in our sole discretion, we
determine that your use may result in a risk to public safety, or that there
has been a breach of security, material breach of your obligations under
the agreement, material breach of any other agreement between the
parties or a violation of law. If the cause of the suspension is reasonably
capable of being remedied, we will provide you notice of what actions
you must take to reinstate the product. If you fail to take the actions or
the cause cannot be remedied within 30 days, we may terminate the
agreement
(c) You may terminate the agreement immediately upon written
notice if we commit a material breach and fail to cure the material breach
within 30 days.
(d) We may amend these General Terms and Conditions from time
to time by giving you at least 30 days prior written notice. If an
amendment materially changes the agreement, you may request good
faith negotiations regarding those terms that materially change the
agreement. If the parties cannot reach mutual agreement on the material
changes within 30 days, you may terminate the agreement immediately
on written notice.
(e) You may terminate the agreement immediately on written notice
if you object to amendments made to the third party additional terms
under paragraph 2 if the amendments materially change the agreement.
(f) Upon termination, all licenses end immediately. You will return
softvare products to us or uninstall and destroy them. Termination of the
agreement will not relieve you of your obligation to pay us any amounts
you owe up to and including the date of termination.
(g) Either party may terminate the agreement in part as it relates to
any software or other product or service that is licensed or ordered under
the agreement if and to the extent that software or other product or
service is no longer commercially available.
11. Force Majeure. Each party's performance under the agreement is
subject to interruption and delay due to causes beyond its reasonable
control, such as acts of God, acts of any government, war or other
hostility, civil disorder, the elements, fire, explosion, power failure,
equipment failure, industrial or labor dispute, inability to obtain
necessary supplies, and the like.
12. General. (a) You may not assign the agreement to anyone else
without our prior written consent. We will provide you with written
notice if we need to assign the agreement as part of our business
operations.
(b) You grant Thomson Reuters a perpetual, irrevocable, transferable,
non-exclusive right to use any comments, suggestions, ideas or
recommendations you provide related to any of our products or services in
any manner and for any purpose.
(c) Our products may not be exported or re-exported in violation of the
U.S. Foreign Corrupt Practices Act, the U.S. Export Administration Act or
any other applicable laws, rules and regulations.
(d) United States Government use, duplication or disclosure of our
software products is subject to applicable restrictions of the following
regulations: Commercial Computer -Restricted Rights [FAR 52.227-19(a) -
(d)]; Rights in Technical Data and Computer Product [DFARS 252,227-
7013(c)(1)(ii)]; the Commercial Computer Product Restricted Rights [48
CFR 52.227-19 (c)(1) and (c)(2)1; and similar clauses in the NASA FAR
Supplement. These restrictions do not apply to our information products or
services.
7/l/2017 SAMInet 999.dot
.j.,,; THOMSON REUTERS
Product Specific Terms
+ Campus Research. Access to Campus Research is strictly limited to current
faculty, administration, staff and students. Incidental access by public walk-in
users at your physical location is permissible. Campus Research is not available
to law schools, offices of the general counsel of any college or university or any
other similarly situated academic entities. Campus Research use is limited to
educational, research and non-commercial purposes. You will exercise reasonable,
good faith efforts to enforce these restrictions. You are required to provide your
security certificate before remote access will be enabled. You are responsible for
your security design, configuration and implementation to limit access to the
Campus Research URL.
+ CD-ROM Libraries. Your license to use our CD-ROM, DVD, USB and
similar media (collectively "CD-ROM") libraries is restricted to a single office
location. Each library license includes a proprietary control file which you may
install on a single local area network (LAN). Employees working at or assigned to
the licensed site may access the CD-ROM libraries by remote connection to the
LAN installed at the licensed site. Access to CD-ROM libraries through wide area
networks, multiple LANs, multiple sites or similar arrangements is prohibited.
You may transfer the CD-ROM library data to a single storage drive tinder
your exclusive control and maintain the data as a database searchable with West
software. West sofhvare is subscribed to and licensed separately from the CD-
ROM libraries. By using the software you agree to be bound by the software
license agreement that accompanies the software.
We may terminate a CD-ROM library subscription on 30 days prior written
notice if the library is no longer commercially available. Upon termination by
either party, you shall immediately destroy the terminated CD-ROM libraries and
destroy CD-ROM library data maintained on a permanent storage drive.
+ Contract Express (hosted anti non-Itmsted). Upgrades (e.g., releases or
versions that include new features or additional functionality) will be included
during your subscription tern. However, we Will provide technical support for
only the most current upgrade and the immediately preceding upgrade.
Contract Express may include agreement samples and other general
information. 'these are provided for informational purposes only and may not be
suitable to your circumstances.
We may collect certain data (including copies of your documents and
metadata) and other information you provide as a result of your use of Contract
Express that is hosted by us. As between you and us, you exclusively own all
rights, title and interest in your data. We may share this information With our
service providers and suppliers to the extent needed to deliver or provide
information on products or services or otherwise support your business needs
relating to Contract Express. Our third party service providers and suppliers are
required to keep such information confidential.
When you access Contract Express, you may click on links to third -party
web sites that are beyond our control. We do not endorse the content found on
tbird-party web sites. You assume sole responsibility for your use of third -party
links and materials. Additional product specific terns relating to the hosted
version of Contract Express are in the Hosted Practice Solutions section below.
+ Hosted Practice Solutions. We will not disclose your content except in
support of the use of the hosted products or unless required by law. We will
provide notice to you of any unauthorized third party access to your content of
which Nye become aware in accordance with applicable law and Will use
reasonable efforts to remediate identified security vulnerabilities. The service level
agreement for hosted practice solutions is located at
http://static.] ggglsoltitions,thon sonreuters,com/static/service-level-apreeineunt.gdf
If the agreement expires or is terminated, We will provide access to the hosted
product for 180 days so that you may remove your content. The terms and
conditions of the agreement remain in effect through this 180-day post -agreement
period. For Case Notebook -Hosted , you Will be charged for storage space during
the I80-day data post -agreement period. Your content will be retained in all other
hosted products for 180 days at no additional charge.
+ ProView eBook License Terms The license allows you to dowaload the
ProView eBooks to your mobile devices and access the eBook content online. We
may terminate your license including notes and annotations if we lose the right to
offer the eBook content, discontinue the ProView software, or are otherwise
unable to offer eBook content. We may provide the content to you in another
media format if commercially reasonable. We may update your eBook version if
necessary to maintain access to the content. If you reassign an eBook to a
different user we will provide the then -current version of the eBook. Notes and
annotations made by the previous user will not transfer to the new user. You are
responsible for assigning the registration keys and maintaining registration key
security. Sharing of registration keys is STRICTLY PROHIBITED.
• Time & Billing Services. You give us permission to share your time &
billing information and content with our business partners to the extent necessary
to provide the time & billing services to you. You will remove all of your time &
billing content prior to termination of this Order Form. We may collect and
disclose aggregated practice management, financial management, and time
tracking data, as long as the data is not identifiable to any individual customer or
user.
• Westlaw Doe & Form Builder. We will maintain your Westlaw Doc &
Form Builder data for 180 days after your subscription ends,
+ /Vesdaw Paralegal. Westlaw Paralegal access is strictly limited to current
paralegal or legal assistant program faculty, administration, staff and students for
educational purposes only.
+ Westlaw Patron Access. Patron Access is only available to state, county or
municipal government law libraries and libraries that are open to the public. You
may provide wireless access on your own internal network to the number of
concurrent users listed in your ordering document, if any. Access is limited to
your library's physical premises, including wireless access. Remote access
outside the physical confines of your library in any manner whatsoever is strictly
prohibited.
+ Nest Legalhdeenter. You may download text -based content on any
computer for your personal, noncommercial use. You may not share the content
witty your clients or other third parties. Group viewing of multi -media content is
allowed for you and other West LegalEdcenter subscribers. Persons without a
West LegalEdcenter subscription are prohibited from attending the group viewing.
If you participate in any discussions on West LegalEdcenter, you agree not
to use any language that is threatening, abusive, vulgar, discourteous or criminal.
You Will not post or transmit information or materials that would violate Ore rights
of a third party, including but not limited to intellectual property rights. You Will
not post or transmit anything Which may contain a vines or other harmful
component.
When you register for West LegalEdcenter services or order products via our
site, we may ask you to provide certain information, for example, your name,
address, phone number, entail address, payment card information, and/or certain
other information relating to your use of West LegalEdcenter (collectively
"Personal Information"). We keep this Personal Information in a contact database
for future reference, as needed. We may use certain information you provide to
offer you products and services that ,ve believe may be of interest to you. If you
don't wish to receive such offers, you may opt out (unsubscribe) Within the
communications you receive from us.
Notwithstanding anything to the contrary in our privacy policy or other
corporate policies, we may also be contractually or otherwise obligated to
distribute Personal Information (with the exception of payment card information),
viewing history, accreditation requests, and/or statistics gathered during your use
of West LegalEdcenter to certain third parties, such as West LegalEdcenter third
party contributors or a state accreditation agency. This could also include
anonyunized information that does not include Personal Information, such as users'
interests and preferences, products sold, traffic patterns, and related West
LegalEdcenter information.
The third party contributors' use of this information may include offering
you products and services the contributor believes you may be interested in. Ifyou
desire to opt -out of (unsubscribed to) further communications with the contributor,
it is up to you to contact the contributor directly to do so. When providing
information to state accreditation agencies on your behalf, WE ARE NOT
RESPONSIBLE FOR THE ACCURACY OF JURISDICTION -SPECIFIC
CONTINUING LEGAL EDUCATION REQUIR) MBNTS STATED IN WEST
LEGALEDCENTER, YOU MUST VERIFY COMPLIANCE REQUIREMENTS
INDEPENDENTLY. You are solely responsible for any information, omission or
misstatement in the credits recorded and maintained in the credit tracking section.
When you access West LegalEdcenter, you may click on links to third -party web
sites that are beyond our controi. We do not endorse the content found on the
third -party Web sites. You assume sole responsibility for your use, of third -party
links and materials.
Each West LegalEdcenter user will receive an e-mail from us with their
username, password and other important information about using the West
LegalEdcenter subscription. After the initial communication, users may opt -out of
West LegalEdcenter email receipt.
+ West lrm software. Any West km licensed in the ordering document must
reside on a dedicated server under your control and maintained by you at your
expense. The server must be accessible to all of your authorized West km users.
1/1/2018 SAMInet 1000.dot
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
February_8, 2018
Anne Fuchs
Department Legal
BPW Date February 13, 2018 Phone Extension 9241
Legal Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000-00 or more
Controller F-1 and greater than one year in length per the City Purchasing
Policy
Purchasing F
N Agreement
H Contract
LJ Proposal LJ Addendum
❑ Professional' Services
F] Amendment
❑ Bid Opening
R Bid Award
E] Req. to Advertise E] Title Sheet
Quote Opening
R
Quote Award
Chg Order No.
El
C/O & PCA No.
❑
PCA
F-1
Ease./Encroach.
Traffic Control
El
Resolution,
F-1
Other:
F-1
Claim
Company or Vendor Name
New Vendor
MBENVRE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
West Publishi
If Yes, Approved by Purchasing
Completed E-Verify Form Attached El Yes
n No
$12,808.8 (Yr. 1), $13,064.88 (Yr. 2), and $13,326.16 (Yr. 3)
36 months. Effective date was 5126/2016
Agreement for access to legal research software products
Amount of H Increase
El Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
9
Time Extension:
Dispersal After Approval
Copy
Original
F]
n
R
F-1
11
El