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Home My WebLink AboutLEXIS NEXIS 5A -2013?zt WORK MAY PROCEED CLERK OF COUNCIL , fl?Tp• i -- 2 " t C) W LexisNexlso N-2013-053 HSLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": Santa Ana City Attorney "LN": LexisNexis, a division of Reed Elsevier Inc. This Subscription Plan Amendment ("Amendment") amends and supplements the terms of the Subscription Agreement either previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment shall also serve as Subscriber's acceptance of the General Terms & Conditions for Use of the Online Services effective September 1, 2010 set forth at www.lexisnexis•com/terms/general. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Biligroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month Immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the last day of the final Commitment Period referenced in Section 5.1 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgroups") set forth below and 3. CERTIFICATION Santa Ana, CA Subscriber certifies, by completing a!/ highlighted areas, that on the date this Amendment is signed by' Subscriber there are LLL, Judges and attorneys, and C government professionals for a total of'7, LL users (the "Reference Number") in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN in writing of any change in the Reference Number if the total number of judges and attorneys falls below 11. Upon the request of LN,,Subscriber will recertify to the Reference Number. 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment") the Participating Billgroups will be provided access to and use of certain Materials, products, services and features, identified below by source/menu number (the "Preferred Pricing Materials"). It Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. ND: SLGovt-SOb$Crl tionPlanAmd-Dec2012 IN 4848-1466.6930 02072 LexisNexis. All rl hts reserved. PREFERRED PRIDNeMATERIALS 1 'SbURCefMaKu 'SNEPARDS NUMBER' (a) CALIFORNIA ENHANCED SBOECA Full (b) All CA MatBeuder Prac Guides MBCA34 (c) MB TORTS'01 MBCA06 (d) FULL PEDERAL SBFFU2' Full (e) (f1 (g) (h) W G) ' (k) P) (m) (n) (c) ? See attached Rider No, 1 for additional Preferred Pricing Materials olANITMENTORIOD(S) McNll'liLYdtlMMITM Y Beginning 5/1/2013 to 4/30/2014 $ 1285 Beginning to $ Beginning to $ . Beginning to $ Beginning to $ Beginning to $ Beginning to $., 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then-current standard undiscounted rates in accordance with the Price Scheduler (a) selected Images (those that include a charge In the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then-current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials n a 7. CLOSED OFFER The offer of LN contained herein is valid until April 1, 2013, In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of the LN Online Services through: (a) Mandatory basic training in the use of the Online Services by LN for all Authorized Users; (b) Meaningful participation In additional ongoing programs presented by LN to update and train Authorized Users; (c) aAntthorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment,. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. ND: SLGOVI-SUbsod tionPlanAmd-Dec2012 1D# 4848A456-5930 0 2012 LexisNexis. All ri hts reserved, 10.2 During the Term', Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the first Commitment Period on the first day of any Commitment Period upon at least 30 days prior written notice to LN. This Amendment may also be terminated by Subscriber on 10 days prior written notice to LN in the event of any increase In the Monthly Commitment, excluding any increases listed in Section 5.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the Increase. 10.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 10.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 10.5 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain In full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: City of SANT?;f ?iNA ' LexlsNexls, a division of Reed Elsevier Inc. JSCRI?ER BY: l(/ / BY: 1 LLA NAME: Kevin O'Rourke NAME: TITLE: Interim City Manager TITLE: Pricing Analyst DATE: - cat - l DATE: I_ THISAMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THIS AMENDMENT BY SIGNINGABOVE.. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. APPROVED AS To Fuji 1 F/l Laura Stitt Shea Assistant City Attorney ATTEST: MARIA D. HUIZAR CLERK OF THE COUNCIL ND; SLGovt-Subscd tlonPlenAmd•Dec2Di2 [D#4648-1456-6030 0 2012 LexleNexis. All rights reserved. 1&'LexisNexis TM April 8, 2013 Liduvina Gallardo City of Santa Ana - City Attorney's Office 20 Civic Center Plaza M-29 Santa, Ana, CA 92702 Dear Liduvina Gallardo: LN has executed the attached contract with the express condition that a name, title, countersignature and date is added where indicated on page 3 by Santa Ana City Attorney without any other alterations or modifications whatsoever. Any such changes shall be considered a counteroffer and will render the contract void. If you have any questions, please contact Debora Belvoir, your account representative at 937-865-6800. Sincerely, Mallory Je ins Pricing Analyst