Loading...
HomeMy WebLinkAboutWestlaw Pro/DOLContract Not To Exceed $5,347.00 (2005) Law Dept. P. 0. f/13840 - $4,277.00; Line Item No. 440-69000 De~~,n~ f/13839 - $1,070.00; Line Stem No. 440-69000 FORM WESTLAWPRO BRlDGE AMENDMENT Westlaw. AVAILABLE ONLY TO NEW WESTLAW SUBSCRIBERS Amendment to Subscriber Agreement for Westlaw and CD-ROM Libraries betsveen ("Subscriber') and West, a Thomson business ("West") as follows: 1. Effect of Amendment. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, of even date herewith including ali Schedules and Order Forms thereto ("Subscriber Agreement"), between Subscriber and West is amended as. specifically set forth herein to incorporate the terms of this Amendment. As amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions. All terms used in this Amendment shall have the meanings attributed to them in the Subscriber Agreement. This Amendment embodies the entire understanding between the parties with respect to the subject matter of this Amendment and supersedes any and all prior understandings and agreements, oral or written, relating to the 2. Term and Termination. The Subscriber Agreement and this Amendment shall become effective upon approval and acceptance by West in St. Paul, Minnesota and shall continue in force and effect as set forth in 3.1 and 3.2 herein. 3. WestlawPRO Products 3.1 From the effective date of this Amendment and continuing for a minimum of ~ O days thereafter ("Period I'), Subscriber shall receive access, at no charge, to the WestlawPRO product(s) elected by Subscriber on the Order Form. Access to and use of all other Westlaw databases, Features and services shall be billed to Subscriber at then-current Schedule A Plan I WestlawPRO rates. 3.2 From the end of Period I and continuing months thereal~er ("Period 2"), Subscriber shall receive access to the WestlawPRO product(s) elected by Subscriber on the Order Form, at the rates set forth therein. All access to and use of all other Westlaw databases, Features and services will be billed at the then- current Schedule A Plan I WestlawPRO rates and/or Schedule A Plan I WestlawPRO rates. 3.3 All other terms and conditions of the Subscriber Agreement shall remain unchanged. Date: Subscriber's Address: WEST ORDER FORM FOR WESTPACK PRODUCTS 610 Oppurman Drive St. Paul, MN 55164-1803 Tel: 651/687-8000 THO]VI$ON Account# 1000359094 PO # CITY OF CARMEL LAW DEPT ATTN Date Feb 14 Subscriber: Organization Name DOUGLAS HANEY Address I CIVIC SQ and/or Individual Name City CARMEL Telephone# ( 317 Bill To Name City CARMEL ) 571.2400 Order Confirmation Contact Tom Perkins Password Contact Tom Perkins Rep Name and # ERIC W SIEBER, 41478 New Account Yes Bill 'Fo Address State IN Zip Suite # State IN Zip 46032 No x 46032 Order Confirmation E-Mail tperkins~ci.carmel.in.us E-Mail (for password delivery) tperkins~ci.carmel.in.us Customer Type (check one): Corp Govt x Firm Solo -- Acad WcstPack Promotion Code: WPK3 Full Svc # WesfiawPRO Products WestPack WestlawPRO Products Total g uf Monthly Banded/ Passwurds Base Rate 40129958 WL PRO PLUS ESSENTIALS IN BANDED 20% discount, 20%,(Svc Mtrl#: 40129958) 174.00 Per Tutal Monthly User Rate Other WestlawPRO Charges 174.00 -34.80 I Notes (including KeyCodes): See exception report for additional 10% discount approval WestPack Print and CD-ROM Products Total Monthly Charges $ 139.20 -Quanti~' of WestPack Titles- LisffCI)-ROM T.tal List/CD- Full Svc # WestPaek Print and CD-ROM Products New * Existing ** Char Other ROM Charges 40148872 IN ADMIN CODE FULL SET 1 22041750 IN CODE FULL SET 1 22060038 IN DIG 2D FULL SET 1 Indiana Rules of Court, State and 22073288 Federal, 2005 ed. 2 13515834 McQillin Municipal Corporations 1 Courtroom Handbook on Indiana Evidence, 2005 ed. (Vol. 13B, Indiana 17167938 Practice Series) I Total Charges * This is a new title lbr Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires ddditional copy(les) - ship and enter subscription(s) lbr the requested title. ** Subscriber maintains existing subscription(s) to this WestPack title- do not ship. Monthly WestlawPRO Charges and CD-ROM Charges lbr the product elected above are billed on thc date West processes Subscriber's order and continue t'orthe term elected below Subscriber with his/her initials below (the "Term") for its WestlawPRO subscription, lt} notwithstanding anything contained in the "Subscriber Agreement' (as defined herein) to thc contrary, Subscriber agrees to commit to a lerm of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set Forth below'. Subscriber also agrees to maintain all subscriptions to thc WestPack print products (new and/or existing as set Ibrth above) during the Term and the charges tbr Subscriber's WestPack products (both initial print charges "Init/al WestPack Charges" and print and CD-ROM subscription services charges including CD-ROM Charges "WestPack Subscription Charges") shall be discounted as set forth below. Upon conclusion oflhe Term elected below, Monthly WestlawPRO Charges and WestPack Subscription Charges are billed thereafter at then-ctwrent rates. Excluded Charges and Monthly WesfiawPRO Charges (after the Term) may be modified as set fonh in Ihe "Subscriber Agreement". Subscriber's Initials tbr 12, 24 or 36 month term for WestlawPRO and WestPack Print and CD-ROM Products and associated WestPack discounts and limits on Monthly WestlawPRO Charges. 12 Month Term Ibr WestlawPRO, WestPack Print and CD-ROM Products - 20% WestPack Print and CD-ROM Product discount (new- and existing) 24 Month Term tbr WestlawPRO, WestPack.Print m~d CD-ROM Products - 30% WestPack Print and CD-ROM Product discount (new and existing) Montl~ly WestlawPR0 Charges Ibr second 12 months not to increase by more than % over Monthly. WestlawPRO Charges for initial 12 months. t~ 'X-}~ 36 Month Term for WestlawPRO, WestPack Print and CD-ROM Products - 50% WestPack Print and CD-ROM Product disco~mt (new and existing) ~'~-.7/l~/o~thly WesftawPRO Charges For second 12 months not to ~ncrease by more than ...~2--N over Monthly WestlawPRO Charges tor mltml 12 months and y WestlawPRO Chm'ges lbr third~12 months not to increase by more than ~-o % over Monthly WestlawPRO Charges lbr second t2 months. Subscriber's I nifials ~ attorneys or corporate users are employed by Subscriber at the location identified ab~ove. __ ¥ f Interna'C°rp°rate 'seO"ly I I BND Technical Contact for Westlaw Patron Access, Westlaw Correctional Facilities and Westlaw Campus Name (please print): Telephone: E-Mail Address: Current Accotmt #: Subscriber's Initials terminals will be used For Patron Access/Correctional Facilities. Westlaw Campus Nmnber Annual Per FTE Monthly Westlaw Full Svc # Westlaw Campus of FTE's Rate Annual Charge Campus Charge I Notes: I ~ Westlaw Campus annual billing (please check if requested) Westlaw Passwords and QuickView+ Issue Westlaw Passwords to: Name (last, first, middle initial) Lib Para Other Product Haney, Doug x Indiana Essentials Plus Indiana Essentials Plus, Perkins, Tom x Municipal Library Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+. Actual charges billed by West may var}' ~?om charges reported on QuickView+. 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 QuickView+. ~"~Vtg Authorized QuickView+ Password Holder t~ '"1~' Password Authorized Acct. # I Total # of Mo. Banded/ Per Total Monthl~r Full Svc # Westlaw PRO Products Passwords Base Rate User Rate Other WestlawPRO Charges 40016036 Municipal Library I 80.00 80.00 45% 88.00 Notes: Please see exception report for additional 10% discount approval Total Monthly Charges: $ 88.00 Monfidy WesftawPRO Charges fur the WeatlawPRO products elected above are billed on the date West processes Subscriber's order and continue for the Term elected below by Subscriber with his/her initials below. If, notwithstanding anything contained in the "Subscriber Agreement" to the contrary, Subscriber agrees lo commit to a Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set furth below. Upon conclusion of the Term elected below, Monthly WestlawPRO Charges are billed thereafter at then-curt'eat rates. Excluded Charges and Monthly WestlawPRO Charges (niter thc Term) may be modified as set thrth in lhe "Subscriber Agreement". Subscriber's Initials for 24 or 36 Month Term and ass~ociated limits on Monthly WestlawPRO Charges: -- 24 Month Tern] for WestlawPRO Products- Monthly WestlawPRO Charges fur second 12 months not to increase by more than % over Monthly Westlaw'PRO Charges fbr initial 12 months. (4~ ,~, 36 Month Term tbr WestlawPRO Products - Monthly WestlawPRO Charges tbr second 12 months not to increase by more than ...~._% over Monthly "°'Wes'0dwPRO Charges fur. initial 12 months and Monthly WestlawPRO Charges ~br third 12 months not to increase by more than ...(o.~% over Monthly WestlawPRO Chtu-ges I'or second 12 months. Non-WestPack Print Products Full Svc # Non-XVestPack Print Produets Quantity, List Charges Other Charges I Notes: Total Charges $ Terms t~f Payment for Print Products. West's slandatd erms of paymenl for print producls purchased are ncr 30 days.. West may elect to accept installment payments on the purchase price, installment paymenl terms are $ per month plus tax lbr approximately months until the pnrchase price, plus any additional amounts under this Order Form, is paid in fidl. Interest is waived on all installments of 12 or 24 months. Subscription Service. Subscription service may consist pt'updates and supplements to the service, as tbllows: (a) CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and online updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancdlary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed separately at then-current rates. Subscriber hereby requests that West provide subscription services lbr the herein-described products at then-current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber (or as provided fi~r in lhe Subscriber Agreement tbr CD-ROM products). General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota and is governed by Minnesota law. The state and l~-deral courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and olher taxes are payable by Subscriben Subscriber may be charged interest ~br overdue installments and subscriptions and for other open account cbarges. If any installments, subscriptions, subscription services, Westlaw Charges or open accounl charges remain unpaid 30 days after becoming due, all unmai~red installments, including all amounts that are or would become due and payable for the remaining tem~ of Subscriber's Subscriber Agreemenl, shall become immediately due m~d payable at the sole option oPWesl. Interest charges may be adjusted to the then-highest current rate allowable on Mthncsota contracts. This Order Form is non-transferable. All collection thcs, including but not limited to attorneys ices, are payable by Subscriber. Transportation and handling charges will be added l'or print products. West may make credit /nvestigafions it deems appropriate including the request of' a consumer credit report lbom 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, if a report was received and the name, address and telephone number oF the agency that supplied the report. Returns. If Subscriber is not completely satisfied with any product received ti-om West. the product may be returned within 45 days pt'the invoice date fur a Ihll refund or credit, in accordance with West's then-current returns policies. Westlaw Charges are not refundable. The Subscriber Agreement for Vvrestlaw and CD-ROM Libraries, the applicable Schedule A price plan ("Subscriber Agreement") are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber, by' his/her signature below, ~Lcknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement. AUTHORIZED REPRESENTATIVE FOR ORDER FORM Printed Name Date Signature. ~ For Credit Card Transactions unly: Visa -- Master Card -- American Express -- Card# Exp. Date Approved and adopted this (7~_day of ~ ,2005. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James BraiL'f~'d, Presiding Officer D~,te: ~ (3 ~d-Q a ~ n~r~ml ~- Date: ~~ // ~ie~.. Watt, bede ~ ~ ~D}~en..a Li Cordray,/[~Cdt~k-Treasurer