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HomeMy WebLinkAbout6022 AGENDA BILL CITY OF BREMERTON 6E CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Renewal of Agreements with West COUNCIL MEETING Date: August 7, 2019 Publishing Corporation for Westlaw Department: City Attorney's Office Research Subscriptions Presenter: Roger A. Lubovich Phone: (360) 473-2345 SUMMARY: The City Attorney's Office uses West Publishing Corporation for its legal research subscriptions. The current contract with West Publishing Corporation expires September 30, 2019, and the City Attorney's Office wishes to renew the contract for a three year term. The monthly fee for online services is $939.29, with a 2% CPI adjustment on each anniversary of the contract. The monthly fee for print services is $98.97, with a 4% CPI adjustment on each anniversary of the contract. The total three year cost for the contract (online and print) will be approximately $36,858. ATTACHMENTS: Renewal Agreements FISCAL IMPACTS (Include Budgeted Amount): The City Attorney's Office budget has sufficient funds available in the 2019 budget to fund the monthly fees. The monthly fees for 2020, 2021 and 2022 will be included in the annual City Attorney's budget. STUDY SESSION AGENDA: IM Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Agreements with West Publishing Corporation and authorize the City Attorney to finalize and execute three year contract renewals with West Publishing Corporation with substantially the same terms and conditions as presented. COUNCIL ACTION: PI Approve ❑ Deny ❑ Table ❑ Continue I I No Action Form Updated 01/02/2018 Order Form Order ID: Q-00507097 THOMSON REUTERS Contact your representative joseph.amos@thomsonreuters.com with any questions.Thank you. Account Address Shipping Address Billing Address Account#: 1000718972 Account#: 1000718972 Account#: 1000718972 BREMERTON CITY ATTORNEY BREMERTON CITY ATTORNEY BREMERTON CITY ATTORNEY THELMA SWEN THELMA SWEN THELMA SWEN 345 6TH ST STE 100 345 6TH ST STE 100 345 6TH ST STE 100 BREMERTON WA 98337-1891 US BREMERTON WA 98337-1891 US BREMERTON,WA 98337-1891 US This Order Form is a legal document between West Publishing Corporation and Subscriber.West Publishing Corporation also means"West","we"or "our"and Subscrib r means" ou",or"I". Subscri.tion terms,if an ,follow the orderin_ a'ds below. Monthly Minimum Term Year Over Year Service Material Product Increase During Charges (Months) Minimum Term 40757482 WEST PROFLEX $936.29 36 2% ProFlex Bridge Service Material Product Bridge Monthly Charges Bridge Term (Months) 40757482 WEST PROFLEX $869.71 1 Bridge Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in that calendar month,if any.The Bridge Monthly Charges will continue for the the number of complete calendar months listed in the Bridge Term column above. At the end of the Bridge Term,your Monthly Charges and the Minimum Term will be as described in the Product grid above. All other terms and conditions of the Order Form remain unchanged. M�imu�Terms, Online/Practice Solution/Software/ProFlex Products :Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in that calendar month, if any. Your Monthly Charges will continue for the number of complete calendar months listed in the Minimum Term column above.The percent increases for multi-year orders appear in the Term Increases column above. Subscriber ("you"or"P")is also responsible for all Excluded Charges. Excluded Charges are for accessing Westlaw data or a Practice Solutions service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. For Window Products: Monthly Charges begin on the date we process your order and will continue for the number of complete calendar months in the Minimum Term column above.The percent increases for multi-year orders appear in the Term Increases column above. Monthly Charges are due regardless of the level of your usage. Transactional usage charges that exceed the Monthly Charges are waived up to the Monthly Window amount stated above. In addition to the Monthly Charges you are responsible for transactional usage charges in excess of the Monthly Window. Transactional charges are calculated based upon our then-current Schedule A rates. You are also responsible for all Excluded Charges. Excluded Charges are charges for accessing a service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. To apply Window charges to a specific month,the request must be submitted at least five(5)business days prior to the end of the month. Post Minimum Terms For Online/Practice Solutions/Software/ProFlex Products: At the end of the Minimum Term your Monthly Charges will increase by 7%. Thereafter, the Monthly Charges will increase every 12 months unless we notify you of a different rate at least 90 days before the annual increase. You are also responsible for all Excluded Charges.Excluded Charges may change after at least 30 days written or online notice.Either of us may cancel the Post-Minimum Term subscription by sending at least 60 days written notice.Send your notice of cancellation to Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan,MN 55123-1803. Automatic Renewal Term for Window Products. At the end of the Minimum Term your Monthly Charges will be billed at up to our then- current rate. Thereafter, we may modify the Monthly Charges if we notify you of a different rate with at least 90 days notice. The Monthly Window will remain unchanged. 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 Post-Minimum Term subscription by sending at least 60 days written notice. Send your notice of cancellation to Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan MN 55123-1803. To apply Window charges to a specific month,the request must be submitted at least five(5)business days prior to the end of the month. Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi-year Minimum Term,those additional months will be implemented at your option pursuant to federal law. Page 1 of4 ..:...:.:.. Charges,Payments&Taxes.You agree to pay all charges in full within 30 days of the date of invoice.You are responsible for any applicable sales,use,value added tax(VAT),etc.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. Settling a Disputed Balance. Payments marked 'paid in full", or with any other restrictive language will not operate as an accord and satisfaction without our prior written approval. We reserve our right to collect any remaining amount due to us on your account. Partial payments intended to settle an outstanding balance in full must be sent to:Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan,MN 55123-1803,along with a written explanation of the disagreement or dispute. This address is different from the address you use to make account payments. Credit Verification.If you are applying for credit as an individual,we may request a consumer credit report to determine your creditworthiness. If we obtain a consumer credit report,you may request the name,address and telephone number 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. Auto Charge Credit Card/Electronic Funds Transfer Election Payment Terms.You may authorize us to automatically charge a credit card, debit card or electronic fund transfer to pay charges due.Contact Customer Service at 1-800-328-4880 for authorization procedures.If you have previously authorized us to bill a credit card, debit card or make electronic fund transfers for West subscriptions on an ongoing basis, or authorizing the same as part of this order,no further action is needed. Returns and Refunds.You may return a print product to 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,ePack,WestPack,Westlaw,CLEAR,Monitor Suite,ProView eBook, Software, West LegalEdcenter, Practice Solutions,TREWS, Peer Monitor,and Data Privacy Advisor charges are not refundable.Please see http://static.legalsolutions.thomsonreuters.com/static/returns-refunds.pdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. Applicable Law.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. If you are a non-government entity,this Order Form will be interpreted under Minnesota state law.Any claim by one of us may be brought in the state or federal courts in Minnesota.If you are a United States Federal Government subscriber,United States federal law will apply and any claim may be brought in any federal court. Excluded Charges. If you access services that are not included in your subscription you will be charged our then-current rate("Excluded Charges"). Excluded Charges will be invoiced and due with your next payment. For your reference,the current Excluded Charges schedules are located at the links below. Excluded Charges may change after at least 30 days written or online notice. http://static.legalsolutionsthomsonreuters.com/static/agreement/pl an-2-oro-govt-agencies.pdf http://static.legalsolutions.thomsonreuters.com/static/agreement/schedule-a-concourse-case-notebook-hosted.pdf Thomson Reuters General Terms and Conditions, apply to all products ordered, except print and is located at https://static.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms-Conditions.pdf The Thomson Reuters General Terms and Conditions for Federal Subscribers is located at https://static.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.pdf. In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form,the terms of this Order Form control. This Order Form is subject to our approval. Banded Product Subscriptions You certify the total number of attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel,and the like),corporate users,personnel or full-time-equivalent students is indicated in the applicable Quantity column. Our pricing for banded products is made in reliance upon your certification.If we learn that the actual number is greater,we reserve the right to increase your charges as applicable 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 https://static.legalsolutions.thomsonreuters.com/staticlThomsonReuters-General-Terms- Conditions-PST.pdf If the product is not part of your order,the product specific terms do not apply.If there is a conflict between product specific terms and the Order Form,the product specific terms control. 'Campus Research •Contract Express •Hosted Practice Solutions •ProView eBooks •Time and Billing •West km Software •West LegalEdcenter •Westlaw •Westlaw Doc&Form Builder •Westlaw Paralegal •Westlaw Patron Access •Westlaw Public Records Government Non Availability of Funds for Online,Practice Solutions or Software Products You may cancel a product or service with at least 60 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an official document,(e.g.,executive order,an officially printed budget or other official government communication)certifying the non-availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. Acknowledgement:Order ID:0-00507097 Page 2 of4 Cr P-+-1-En r‘,C.t\ igna re of Authorized Representativeore Title Printed( N ii I I-• �U v' 0J/‘ Date 1 • ©2019 West,a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 9/14/2019. Page 3 of4 Attachment Order ID: Q-00507097 THOMSON REUTERS Contact your representative joseph.amos@thomsonreuters.com with any questions.Thank you. Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:Stephanie N Olson Account Number: 1000718972 Email:stephanie.olson@ci.bremerton.wa.us Shipping Information: Shipping Method:Ground Shipping-U.S.Only ProFlex Multiple Location Details Account Number Account Name Account Address Action BREMERTON CITY 345 6TH ST STE 100 1000718972 ATTORNEY BREMERTON New WA 98337-1891 US Quantity Unit Service Material# Description 5 Attorneys 42077751 Gvt-National Primary Core _ 5 Attorneys 42077755 Gvt-Analytical Plus for Government Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name Email Address Customer Type Description • Stephanie N Olson stephanie.olson@ci.bremerton.wa.us EML PSWD CONTACT Sub Material Active Subscription to be Lapsed 40757481 West Proflex Page 4 of4 Order Form Order ID: Q-00576007 ''; THOMSON REUTERS Contact your representative joseph.amos@thomsonreuters.com with any questions.Thank you. Account Address Shipping Address Billing Address Account#: 1000718972 Account#: 1000718972 Account#: 1000718972 BREMERTON CITY ATTORNEY OFFICE BREMERTON CITY ATTORNEY BREMERTON CITY ATTORNEY OFFICE STEPHANIE OLSON OFFICE STEPHANIE OLSON 345 6TH ST STE 100 STEPHANIE OLSON 345 6Th ST STE 100 BREMERTON WA 98337-1891 US 345 6TH ST STE 100 BREMERTON,WA 98337-1891 US BREMERTON WA 98337-1891 US This Order Form is a legal document between West Publishing Corporation and Subscriber.West Publishing Corporation also means"West","we"or "our"and Subscriber means"you",or"I". Subscription terms,if any,follow the ordering grids below. ProFlex Modifications Service Number Product Agreement Number New Monthly Charge 40757482 ProFlex 0000110284 $936.29 If this modification is of a WestlawPRO Select product or ProFlex under a current WestPack,this Agreement serves as a modification of the Principal product. If you are licensing banded products,you certify that the number of attorneys(partners,shareholders,associates,contract or staff attorneys,of counsel,and the like),corporate users,personnel or full-time-equivalent students provided to us in the attached form is accurate and complete as of the date you signed this document.Pricing for banded products is made in reliance upon your certification.If we learn that the actual number is greater,we reserve the right to issue additional passwords and increase your Monthly Charges to the price for the correct band. The terms of this modification will be effective on the date we process the modification. The Monthly Charges will increase to new Monthly Charges identified in the New Monthly Charges column and will begin billing the first of the month following processing.All other terms and conditions of the Order Form including,but not limited to,annual Monthly Charges increases and the length of the term remain unchanged Charges,Payments&Taxes.You agree to pay all charges in full within 30 days of the date of invoice.You are responsible for any applicable sales,use,value added tax(VAT),etc.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. Settling a Disputed Balance. Payments marked 'paid in full", or with any other restrictive language will not operate as an accord and satisfaction without our prior written approval. We reserve our right to collect any remaining amount due to us on your account. Partial payments intended to settle an outstanding balance in full must be sent to:Customer Service,610 Oppennan Drive,P.O.Box 64833,Eagan,MN 55123-1803,along with a written explanation of the disagreement or dispute. This address is different from the address you use to make account payments. Credit Verification.If you are applying for credit as an individual,we may request a consumer credit report to determine your creditworthiness. If we obtain a consumer credit report,you may request the name,address and telephone number 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. 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Assured Print Pricing,Library Savings Plan,West Complete,Library Maintenance Agreements,ePack,WestPack,Westlaw,CLEAR,Monitor Suite,ProView eBook, Software, West LegalEdcenter,Practice Solutions, TREWS, Peer Monitor, and Data Privacy Advisor charges are not refundable.Please see http://static.legalsolutions.thomsonreuters.com/static/returns-refunds.pdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. Applicable Law.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.If you are a non-government entity,this Order Form will be interpreted under Minnesota state law. Any claim by one of us may be brought in the state or federal courts in Minnesota. If you are a United States Federal Government subscriber,United States federal law will apply and any claim may be brought in any federal court. Excluded Charges. 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MEd/static.le gal so lutions.thomsonreuters.com/static/agreement/plan-2-pro-govt-agencies.odf http://static.legalsolutions.thomsonreuters.com/static/agreement/schedule-a-concourse-case-notebook-hosted.pdf Page 1 of 3 Thomson Reuters General Terms and Conditions, apply to all products ordered, except print and is located at • https://static.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms-C onditions.p df The Thomson Reuters General Terms and Conditions for Federal Subscribers is located at https://static.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.pdf In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form,the terms of this Order Form control. This Order Form is subject to our approval. Banded Product Subscriptions You certify the total number of attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel,and the like),corporate users,personnel or fill-time-equivalent students is indicated in the applicable Quantity column. Our pricing for banded products is made in reliance upon your certification. If we learn that the actual number is greater,we reserve the right to increase your charges as applicable 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 https://static.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms- Conditions-PST.pdf If the product is not part of your order,the product specific terms do not apply.If there is a conflict between product specific terms and the Order Form,the product specific terms control. •Campus Research *Contract Express •Hosted Practice Solutions •ProView eBooks *Time and Billing 'West km Software •West LegalEdcenter •Westlaw •Westlaw Doc&Form Builder •Westlaw Paralegal •Westlaw Patron Access •Westlaw Public Records Acknowledgement:Order ID:0-00576007 .� � Signature of Authorized Representative for order Title 41) r242N1 N- • Lubovt ck. Vb. !0 . 1 `'j Printed NOW Date ©2019 West,a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 11/11/2019. Page 2 of3 Attachment Order ID: Q-00576007 fi -11 THOMSON REUTERS Contact your representative joseph.amos@thomsonreuters.com with any questions.Thank you. Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:Stephanie N Olson Account Number: 1000718972 Email:stephanie.olson@ci.bremerton.wa.us Shipping Information: Shipping Method:Ground Shipping-U.S.Only ProFlex Multiple Location Details Account Number Account Name Account Address Action BREMERTON CITY 345 6TH ST STE 100 1000718972 ATTORNEY OFFICE BREMERTON Existing WA 98337-1891 US Material Product Title Agreement Number Quantity Unit Subscription Number Type 40757482 West Proflex 0000110284 1 Each Exist 40757481 41984063 Gvt-Jury Verdicts For Government(Westlaw 41984064 PROTM) 5 Attorneys New 42077755 Gvt-Analytical Plus for Government 0000110284 5 Attorneys Exist 42077754 42077751 Gvt-National Primary Core 0000110284 5 Attorneys Exist 42076680 Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name Email Address Customer Type Description Stephanie N Olson stephanie.olson@ci.bremerton.wa.us EML PSWD CONTACT Page 3 of3 ▪ • � �• :: THOMSON REUTERS .3lhonnonReuters(:eneral Terms and Cooditions �;*•:•.•:.•• Version 2.1 These terms govern your use ofthe Thomson Reuters products and services in your order form(in any format)."We","our"and"Thomson Reuters"means the Thomson Reuters entity identified in the order form and,where applicable,its affiliates;`you"and`your"means the client,customer or subscriber identified in the order form Your order form identifies the products and services,the quantities,charges and other details of your order.The order form also refers to and incorporates documents which may apply to the products or services you selected. 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