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HomeMy WebLinkAboutResolution - 2004-R0008 - Agreement For Online Services For Legal Research - Thomson West - 01_08_2004RESOLUTION Resolution No. 2004-ROOOS January 8, 2004 Item No. 23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a 36 Month Agreement by and between the City of Lubbock and Thomson West for online services for legal research, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. ATTEST: c~arza, City Secretary ~ APPROVED AS TO CONTENT AND FORM: Anita Burgess, City Attoiney ccdocs/Thomson West.res December 29, 2003 v WEST GROUP ORDER FORM FOR Jn?STPACKPRODUCTS-GOVERNMENT & FLEX 2s 6IO Oppennan Drive, P.O. Box 64833 Resolution No. 2004-ROOOB THOMSON St. Paul, MN, 55164-1803 .•. ~.,••.•.•·«,• Tel: 651/687-8000 \NEST Account# 1000825350 PO# Date DEC 3 ,20 03 Name/Subscriber CITY OF LUBBOCK LEGAL DEPARTMENT Address 1625 13 TH Telephone# ( 806 79457 ) _7_7_5_-2_2_1_7 _____ _ City LUBBOCK State TX Zip Order Confirmation Contact Billing Address (if different) Submitting Rep Name and Number Order Confinnation E-Mail City State ---- JAMES NEELEY/ 1001810 Zip "WestPack Products" consist of the WestlawPRO Products and the New and/or Existi Print Products indicated below Westlaw Password Contact: -----------+---,-mail (for password delivery): Promotion Codes (please check one): WestPack Governme NA30 (National) __ ST30 (State) _ T030 (Topical) Promotion Codes (please check one): WestPack Flex 25 __ NA3 l (National) __ ST3 l (State) __ T03 l (Topical) WestPack WestlawPROTII Products Total # of Mo. Banded/ Per Full Svc# W.estlawPRO Products Passwords Base Rate User Rate Other Total Monthly WestlawPRO Charges 48082421 WESTPACK ALL PRIMARY LAW 18 908.80 LIBRARY I Notes (including KeyCodes): Total Monthly WestlawPRO Charges$ Full Svc# Print Products Other Charges I lit/, 7S- Total Charges $ Terms:$ plus tax, per month for approximately llf 5".15" months, beginning the month following any applicable incentive. For terms of I '2- 12 or 24 months, without interest on principal while installments are paid as agreed. WestPack Existing Print Products: (25% off upkeep) Full Svc# Print Products 22024007 WORDS & PHRASES 13515834 McQUILLIN MUNICIPAL CORPORATIONS I ~">~ -:.-E~ r'\AJJA' ~~ ··---------· : .... 22044954 VERNON'S ANNOTATED TEXAS STATUTES " 22044954 VERNON'S ANNOTATED TEXAS STATUTES .. Monthly WestlawPRO Charges are billed on the date West processes Subscriber's order and contmue for a mm1mum of 12 months. If Subscnber, by h,s,her initials, elects to commit to a longer term, the Monthly WestlawPRO Charges will be billed as set forth below. Thereafter, Monthly WestlawPRO Charges are billed at then-current rates. Subscriber also agrees to maintain all subscriptions to the WestPack Print Products (New and/or Existing) for a minimum of 12 months or for the term of the WestPack WestlawPRO Products, whichever is longer. The then-current charges for Subscriber's WestPack Print Products (both initial charges and subscription services charges) shall be discounted 50% for initial charges and 25% for upkeep subscription charges as long as Subscriber ~s all subscriptions to the WestPack Products elected herein. Thereafter, such charges shall be billed at then-current rates. Subscriber's Initials for 24 Month Agreement Notwithstanding anything in the "Subscriber Agreement" (as defined herein), Subscriber agrees to commit to a of 24 months and the Monthly WestlawPRO Charges for the second 12 month period shall be up to 6% more than the Monthly WestlawPRO Charges for the initial 2months. __ Subscriber's Initials for 36 Month Agreement Notwithstanding anything contained in the "Subscriber Agreement", Subscriber agrees to commit to a total of 36 months and the Monthly WestlawPRO Charges for the second 12 month period shall be up to 6% more than the Monthly WestlawPRO Charges for the initial 12 ~months and the third 12 month period shall be up to 6% more than the Monthly WestlawPRO Charges for the second 12 months V:--:-Subscriber's Initials attorneys are employed by Subscriber at the location identified above. @) I ' n@H Additional WestlawPRO Products Total# of Mo. Banded/ Per Full Svc# WestlawPRO Products Passwords Base Rate User Rate Other 40100461 169.00 6.00 40100590 ENFLEX TEXAS (, 56.00 2.00 ENVIRONMENTAL) 30303617 EMPLOYMENT COORDINATOR 82.00 28.00 30303616 EMPLOYMENT DISCRIMINATION 82.00 28.00 COORDINATOR Total Monthly Charges$ Monthly WestlawPRO Charges, for the WestlawPRO products elected above, are billed on the date West processes Subscriber's order and continue for a minimum of 12 months. If Subscriber, by his/her initials below, elects to commit to a longer term, the Monthly WestlawPRO Charges will be billed at the rates set forth below. Thereafter, Monthly WestlawPRO Charges are billed at then-current rates. __ Subscriber's Initials for 24 Month Agreement Notwithstanding anything in the Subscriber Agreement (as defined herein), Subscriber agrees to commit to a total of24 months and the Monthly WestlawPRO Charges for the second 12 month period shall be up to 6% more than the Monthly WestlawPRO Charges for the initial 12 months. Subscriber's Initials for 36 Month Agreement Notwithstanding anything contained in the Subscriber Agreement, Subscriber agrees to commit to a total of36 s. and the Monthly WestlawPRO Charges for the second 12 month period shall be up to 6% more than the Monthly WestlawPRO Charges for the initial 12 months e. th,ird p month period shall be up to 6% more than the Monthly WestlawPRO Charges for the second 12 months. . / Issue Westlaw Passwords to: "( NN,,IE (last, first, middle initial) Atty Lib Para Other Product(s) · SEE ATIACHED LIST va \. j ! - \ QwckView+ X Authorized Quick View+ Password Holder Password Authorized Acct. # Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+. Actual charges billed by West may vary from charges reported on Quick View+. Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to the accuracy of charges or other information on Quick View+. 1. Subscription Service. Subscription services may consist of updates and supplements to the service, as follows: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed separately at then-current rates. 2. General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota, and will be governed by the laws of the state of Minnesota. The state and federal courts sitting in Minnesota will have jurisdiction over any claim and the parties consent to the jurisdiction of such courts. Subscription service for print products is provided at the then-current prices and may consist of pocket parts; pamphlets; recompiled, continuation, replacement or auxiliary volumes; additional volumes; looseleaf pages and/or supplements and volumes of a new series or edition. Sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are the responsibility of the Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. Interest charged may be adjusted to the then-highest current rate allowable on Minnesota contracts. Transfer or assignment of rights or obligations by Subscriber constitutes a material breach of this Order Fonn, the Subscriber Agreement and/or the West Software License Agreement. If any installments, subscriptions or open account charges remain unpaid 90 days after maturity, all unmatured installments become due and payable at the option of West. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for print products. West may make credit investigations it deems appropriate including the request of a consumer credit report from a credit reporting agency on any individual identified in this Order Form. If Subscriber inquires whether a credit report was requested, West will provide information of such and if a report was received. West will provide to Subscriber the name, address and telephone number of the agency that supplied the report. 3. Returns. If you are not completely satisfied with any product you receive from West, you may return it within 45 days ofthe invoice date for a full refund or credit, in accordance with West's then-current returns policies. Westlaw Charges are not refundable. The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan ("Subscriber Agreement") are hereby incorporated by reference and made p rt f this Order FornL Subscriber, by his/her signature below, acknowledges his/her understanding and acceptance of the terms and c · ·ons f S~scri Agreement Signatu J L c., Date AUTHORIZED p:PRESENTATIVE FOR ORDER FORM Printed Name -1\N,. \°'ff\ 'f-=, \),_ i,2.....~£-S.<;. \ r,d 400.dot AGREED TO AND ACCEPTED BY: LUBBOCK CITY ATTORNEY BY: ~ ; l p /.ta ,, • , Anita Burgess, City Attorn.1ey Date: :.2 -~ -0 ~ _ _,_ __ __;_ ______ :...__ __ _ ATTEST: ccaGarza, City Secretary 15 AP/\OV~D AS TO CONTENT AND FORM: Q, ~lrw ,.e~ ~ Anita Burgess, City Attotney If Subscriber is incorporated or a limited liability entity, the following must be completed by an owner/principal personally: I agree to these terms and or Credit Card Transactions only: Visa MasterCard American Express _ 4/1/02 I ' 2ooq -e.-coos THOMPSON WEST GROUP B Date: / ;l. -J/-~ 3 ----'~---=----------- personally guarantee payment of this agreement and subscription service furnished thereunder. Signature . ..:X~---------------- Exp. Date 40062420 271.dot