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HomeMy WebLinkAboutResolution - 2002-R0034 - Subscription Agreement - Lexisnexis - 01/23/2002Resolution No. 2002-80034 January 23, 2002 Item No. 40 RESOLUTION 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 two year Subscription Agreement between the City of Lubbock and LexisNexis, to provide online services for legal research, and all 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. Passed by the City Council this 23rd day of January , 2002. i r WINDY SIT MAYOR ATTEST: ci�. 0 , c ,r --e- R b ca Garza, City Secretary APPROVED AS TO CONTENT AND FORM: Anita Burgess, City Attorney da/cedoes /LexisNexisAgrmt. res January 4, 2002 i 12-20-01; 5:35PM;LEXIS NEXIS f Sent By: Matthew Bender & Co., Inc.; 806 794 6680; ;214 2207319 # a/ Dec -20-01 1:53PM; Page 3/12 Resolution No. 200—R0034 I Or . B LexisNZ;Ais LIMITED FIXED PRICE AMEN MENT f l/ ,l FOR GOVERNMENT RKET Lexisftds, a division of Reed Elsevier Inc. ("LN") and L La t O /`/Ii ("Subscriber") agree to amend the Subscription Agreement (the "Agreement') pWously or simultaneously ente between LN and Subscriber by adding to the Agreement the terms and conditions set forth below (the "Amendment"). 1. TERM. The term of this Amendment (the "Amendment") for new subscribers will begin on the day the Subscriber's billing ac billgroup) is activated ("act') or for existing subscribers on the first day of the calendar month Immediately after the e of the Amendment and will continue until ![_d{which wit! be composed of amendment periods as fisted in Section "Amendment Period(s)', collectively, the'Terml. 2. PLATFORM AND MENUS 2.1 In exchange for Subscriber's monthly commitment of the following amounts to LN (the °Monthly Commitmel subject to Section 2.4 below, Subscriber will have access to and use of the materials and features available in the �_1 �........, nln—s.....,.i ani canjie-a rnllcrfnralV f}1P'R1nIW':tP((� .CiP_fVll`.P_S��' J into unt (a cution I (the ), and i � WErr.I�r-��■�� .I� 2.2 Any partial month before the first full calendar month will be prorated at the first full calendar month's rate. ! 2.3 At no additional charge, Subscriber may do offline printing, online printing and saving to disk of materials retrie4ed From the Preferred Services. l 2.4 During the Term, LN will review Subscriber's actual monthly use of the Preferred Services ("Actual Use"). In the i Actual Use exceeds ten (10) times the Monthly Commitment for three (3) consecutive months, LN and Subsc renegotiate in good faith the terms and conditions of this Amendment 2.5 This Amendment relates only to the Subscriber billing account numbers and locations (the "Participating Biilgrou� bellow_ Only employees of the Participating Billgroups will be entitled to access the Selected Services. Each ider number issued will be used solely by the individual for which it was issued and will not be shared under any circum the will listed Fixed Pricing Amendment for Government Market July 2901 02D01, LexisNoxis, a dMaion of Reed E1*vier Ine. GOvTTM G0'rr.DOT All rights reserved. P 1 of 1 i l I ALTERNATE SERVICE I MENU DESCRIPTION MMU NUMBER AMRMMENT PERIOD MONTH 'f COi1 1i; 1 i i7 Beginning rn� � �1.� _ $ Beginning to1 Beginning ~1— d t0 - �'O `!' $ Beginning _ to $ Beginning to $ f 2.2 Any partial month before the first full calendar month will be prorated at the first full calendar month's rate. ! 2.3 At no additional charge, Subscriber may do offline printing, online printing and saving to disk of materials retrie4ed From the Preferred Services. l 2.4 During the Term, LN will review Subscriber's actual monthly use of the Preferred Services ("Actual Use"). In the i Actual Use exceeds ten (10) times the Monthly Commitment for three (3) consecutive months, LN and Subsc renegotiate in good faith the terms and conditions of this Amendment 2.5 This Amendment relates only to the Subscriber billing account numbers and locations (the "Participating Biilgrou� bellow_ Only employees of the Participating Billgroups will be entitled to access the Selected Services. Each ider number issued will be used solely by the individual for which it was issued and will not be shared under any circum the will listed Fixed Pricing Amendment for Government Market July 2901 02D01, LexisNoxis, a dMaion of Reed E1*vier Ine. GOvTTM G0'rr.DOT All rights reserved. P 1 of 1 i l I 12-20-01; 5:35PM;LEXIS NEXIS Sent By: Matthew Bender & Co., Inc.; 806 794 6680; ;214 2207319 2# 7/ Dec -20-01 1:54PM; Page 4/12 6! 3. CERTIFICATION Subscriber certifies that on the date this Amendment is signed by Subscriber there were I users {judges, govt rnment professionals and total number of attorneys) in Subscriber's organization. Subscriber will immediately notify LN in vriEing of any change in the number of users, and the monthly commitments stated herein may increase or decrease according[ . upon the request of LN, Subscriber wilt recertify to the current total number of users. 4. ADDITIONAL CHARGES l The following additional charges will apply, unless otherwise indicated. 4.1 Subscriber will pay then current rates for images and Dun & Bradstreet Reports retrieved through the Preferred Sorvices. 4.2 Subscriber may have access to and use of the LN services and features not accessed through the Preferred Services via the Alternate Service. If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will haves access through the Alternate Service at the then current undiscounted government rates in addition to the Monthly Commitmeli`t. I scriber elects access to the Alternate Service i l 5. CLOSED OFFER ' The offer of LN contained herein is valid until _ In order to implement the terms and conditions contained herein byl the first day of a calendar month, LN must receive this signed Amendment by the 15th day of the preceding month, ; 6. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information act, this Amendment contains confidential pricing Inforrr ation of LN. Subscriber understands that disclosure of the terms and conditions contained herein could cause competitive iarm to LN, and will receive and maintain this Amendment In trust and confidence I and take reasonable precautions agair st:such disclosure to any third person. 7. CHANGE OF CIRCUMSTANCES I In the event of a change in Subscriber's organizational structure including, but not limited to, mergers, acquisitigns and divestitures, or there is organic growth within the organization, resulting in a signifmant change in the number of user of the Selected Services covered by this Amendment, Subscriber and LN will renegotiate in good faith to adjust the amounts payable under this Amendment to reflect the change in Subscriber's need for and use of the Selected Services. 6. ADDITIONAL TERMS ' 8.1 The Participating Billgroups will not be eligible for other discounts or aggregated with use of or charges for other non- participating biligroups. I 8.2 For as long as this Amendment remains in effect, the Monthly Subscription Charges otherwise payable by Subscriber under the applicable Price Schedule will be waived. 8.3 Notwithstanding anything to the contrary set forth in the Agreement, the Agreement and this Amendment ma4 not be terminated by Subscriber during the Term, except that this Amendment maybe terminated by Subscriber effective ja) as of the date of any increase in the Monthly Commitment, other than an increase pursuant to Section 2.1, provided ,LN has received at least 10 days notice thereof from Subscriber prior to that date or (b) 10 days after LN receives notice then f from Subscriber in the event LN discontinues a significant portion of the Materials or features in the Preferred Services Fursuant i to Section 8A below. i 8.4 LN may discontinue offering to Subscriber any of the materials or features currently part of the Preferred Services. In the event LN discontinues a significant portion of the Materials or features Subscriber uses in the Ordinary course of b"iness, Subscriber may terminate this Amendment at its option pursuant to Section 8.3b above. 8.5 Upon expiration or termination of this Amendment, continued use of the Selected Services by Subscriber will be billed at then current rates under the applicable Price Schedule. 8.6 All capitalized terms not defined herein will have the meanings given to them in the Agreement, including the a plicable Price Schedule. Faxed f=0419 Amendment for Government Market July 2009 ® 2001, L"1sNexK a division of Raad Els vier Inc. G0VT1F1X.G0VT.O0i _ _ —__-- Allrights reserved. P ge 2 cf 3 12-20-01; 5=35PM;LEXIS NEXIS ;214 2207319 Sent By: Matthew Bender & Co., Inc.; 806 794 6680; Dec -20-01 1:56PM; # 8/ Page 5/12 8.7 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in dull force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement �nd this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: I E j ! © r LexisNexis Group, a division of Reed IElsevii L I� (,t !� Inc. j 13% NAME: �{ NAME: SARAH KRUSE TITLE: r A e TITLE: PRICING ANALYS DATE: o f DATE: I E I WINDY SITTO MAYOR I E ATTEST: Rebecca Garza, City Se etary APPG7 AS TO CONTENT AND FORM: I Anita Burgess, City Attorney Mad Pd dng Arnandment for Govommont Ma rkot July 3001 ® 2001, Loxi&Naxis, a dM$Ion of Read Els vier fna GOV nnX-GOVT.DOT All Kahts m5ervW. e 3 of 3 r 1 12-20-01; 5=35PM;LEXIS NEX,IS ;214 2207319 1 Sent By: Matthew Bender & Co., Inc.; 806 794 6680; Dec -20-01 1:56PM; Exhibit "A" Resolution No. 2002-ROi LexisNexis'10 SUBSCRIPTION AGREEMENT AND ORDER FORM STATEILOCAL GOVERNMENT PER SEARCH PRICING EFFECTIVE OCTOBER 1, 2001 You may subscribe to the Online Services by agreeing to abide by the General Terms and Conditions and the Price Schedule �' suascRlBea attached hereto and incorporated herein, as Exhibits A and 8, k i jG respectively. The General Terms and Conditions and the (AUTHORIM SUBSCRIBER SMATURE Additional Terms represent the entire agreement for access to and use of the Online Services- The General Terms and Conditions E: are also set forth in the online TERMS library. In the event of a conflict or variation between the General Terms and Conditions TITLE: . attached hereto and those appearing in the TERMS library, the latter shall control. Your subscription is subject to acceptance by DATE: LexiSNexiS, which acceptance shall be evidenced by issuing one or more identification numbers to access the Online Services. CUSTOMER I.N.MRN ATjON .(I ase ar print.': .... _..... 1. Organization Name: f� r�(�__ 2. Address: I J� �.\ 1,1 4-1 'CTr 3. 5. 7. 8. County: 1-1k(OU©C. rC Telephone Number. 926 ---r7,4)—,- - 922 2- by dce Address (if ci fferent than 2) Name of Contact and Telephone Number for the following: Installation: Billing: Policy/Legal Notification: SchedulinglTraining. 4. Country: LZ( 6. Telecopier Number. Customer I.D. Information (Please type or printf _ ....._......---..............._.__....... _..._... . ...... 11DHolders' Narnes I ID Holders' Tities/Positions ID No. t LN to fill # 9/ Page 6112 ME -'XHIBIT B TO LexisNexis"m SUBSCRIPTION AGREEMENT Resolution No. 2002-80034 Price Schedule State/Local Government Per Search Pricing October 1, 2001 These charges are effective as of October 1, 2001, and shall continue thereafter until the subscribing organization or individual ("Subscriber") is notified otherwise. For more information about the pricing components, consult the Price Definitions and Price List available in the Online Services under the administrative identification number 20BSZWS, at no cost to Subscriber for accessing or printing. 1. INFORMATION CHARGES 1.1 SEARCHES. Charges currently range from $0 to $35.00 per search. Consult the Price List available in the Online Services for detailed search charges. 1.2 DISCOUNTS. The discounts set forth below shall be applied to Subscriber's Information Charges for each monthly invoice period. The discount shall be computed monthly and shall be based on the average amount of Information Charges incurred by Subscriber in the three month period beginning four months before the month Subscriber receives the discount From $0 up to $15,000 0% Over $15,000 up to $30,000 2% Over $30,000 up to $60,000 4% Over $60,000 up to $90,000 8% Over $90,000 12% 1.3 ACCESS. Charges currently range from $0 to $29. Consult the Price List available in the Online Services for detailed access charges. 1.4 ECLIPSE"i REPORTS. Charges for ECLIPSE report searches are based on the frequency in which they are executed. Reports are printed at aDDlicable print rates. Frequency _ = Each Report .... On Demand $4 Intra Day $6 Daily $14 Business Day (M -F) $18 Weekly $21 1.5 RESEARCH TOOLS. Each Case/Citation/Report _.._..._..............._.__...._._._-__..._........__........_..._ _ ........... _......... _.._._........ .... SheparrPs® Table of Authorities Report $1.00/report LEXSEE® feature $4.00/ate LEXSTAT® feature $4.00/cite Auto -Cite® service $3.00/cite" SHEPARD'S Citation Service $3.00/cite/SHEPARD'S' Drintina and downloadina charoes. 1.0 MEAL I IME AND HISTORIC STOCK QUOTES. Each Quote Market Statistics $1.00 Historic Price Quotes $0.15'` Historic Dividend Quotes $0.25"` `Includes printing and downloading charges 1.7 PRINTING AND SAVING TO DISK. Charges for printing and saving to disk are included in the Per -Search rate. 1.8 IMAGES. Charges for images will be as follows per image retrieved, ...... _...... Trademark design images _..- _ . $0.00 Patent exemplary drawing images $0.00 Elsevier Environmental $3.00 Standard & Poors Stock $5.00 Elsevier Business $6.00 Patent PDF images $6.00 Forms $7.50 Investext $10.00 Standard & Poors Industry $400.00 1.9 DUN & BRADSTREET REPORTS. Charges for Business Information Reports will range from $79.00 to $570.30 depending on the user's location (e.g. USA, Canada, etc.). Charges for other Dun & Bradstreet Reports will range from $27.00 to $415.00 depending on the specific report requested. Consult the Price List available in the Online Services for detailed report charges. 1.10 COMPANY ANALYZER. $25 per search and $90 per report 1.11 SMARTLINX. $99 per search. 1.12 DOCUMENT LINKING. Charges are $4 per document 1.13 CERTIFINDER. For 513 access, charges are $3 per initial search and $10 per report, and for 5A access, charges are $7 per initial search and $10 per report. 1.14 DELAWARE SECRETARY OF STATE. $25 per each basic report and $35 for each detailed report. 2. HANDLING CHARGE. $15 for documents printed at the LexisNexis computer center. MONTHLY SUBSCRIPTION CHARGE. $75 per building with equipment used to access the Online Services (up to a maximum of $150 per Agency). 4. INSTRUCTION. Training is provided at no charge and covers (a) the basic instruction of all individuals selected by Subscriber to receive instruction in the use of the Online Services and (b) standard instructional and reference materials on the use of the Online Services. Everyone who completes training shall receive one hour of free use to perfect their skills. This free hour is non- transferable and must be used within 14 calendar days of the date on which basic instruction is completed, at a .single session or on an aggregated basis. Credit for free use shall automatically be reflected on Subscriber's monthly invoice and shall be applied against Subscriber's total charges in a given month. 5. PAYBACKTm SERVICE CHARGE. Network Time and Connect Time charges plus a charge of $150 per month (includes overnight delivery charges) for optional PAYBACK weekly and/or monthly magnetic tapes. 6. EQUIPMENT AND SOFTWARE CHARGES. 6.1 Subscriber may use its own equipment, or equipment may be available from the provider of the Online Services ("Access Equipment'). 6.2 The Access Equipment shall be maintained by the provider of the Online Services at its then current standard charges. Contact your account representative for current charges. Subscriber may terminate rental of any Access Equipment upon 10 days written notice. Access Equipment must be returned to the provider of the Online Services in the same condition in which it was received, reasonable wear and tear excepted. 6.3 Subscriber shall not permit any of its agents or employees to attempt to move, modify, repair, or tamper with any Access Equipment in any way, except that Subscriber may install Access Equipment designated by the provider of the Online Services as installable by Subscriber. If Subscriber installs Access Equipment, Subscriber shall do so in accordance with the applicable instructions. Subscriber assumes all responsibility for any personal injury or property damage, including damage to Access Equipment, that occurs as a result of Subscriber's installation of the Access Equipment. 6.4 Subscriber shall pay then current standard charges for any software licensed by the provider of the Online Services. Additional terms and conditions applicable to the software are packaged with the software and Subscriber agrees to promptly return the software if Subscriber is not in agreement with these terms and conditions. By using the software, Subscriber agrees to be bound by the terms and conditions packaged with that software. 7. TAXES. The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Subscriber's account. If Subscriber is exempt from any such taxes, the tax will not be charged to Subscriber upon receipt of a certificate of exemption. 8. PAYMENT TERMS. All charges incurred by Subscriber are payable within 30 days after receipt of an invoice. Subscriber shall pay all charges in accordance with any applicable Prompt Payment Act" or similar legislation. 9. CHANGES TO THE CHARGES AND PAYMENT TERMS. Charges and payment terms may be changed only upon 30 days prior notice to Subscriber. 10. COLLECTION COST. Subscriber shall be liable for all costs of collection incurred by the provider of the Online Services, including without limitations, collection agency fees, reasonable attorney's fees, and court costs, if Subscriber fails to comply with the payment obligations set forth herein. 11. MISCELLANEOUS. In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees that the document shall be for Subscriber's internal purposes only and shall in no way modify or affect any of the terms or conditions for access to the Online Services. END OF EXHIBIT B