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HomeMy WebLinkAbout25C - AGMT - LEGAL DOC MANAGEMENT• ► -= O1 CITY COUNCIL MEETING DATE: FEBRUARY 16, 2016 TITLE: APPROVE ONE YEAR AGREEMENT WITH WEST PUBLISHING CORPORATION FOR LEGAL DOCUMENT MANAGEMENT AND RESEARCH SOFTWARE (STRATEGIC PLAN 7, 5) a CLERK OF COUNCIL USE ONLY: APPROVED ® As Recommended [I As Amended • Ordinance on Vt Reading • Ordinance on 2 "a Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to approve a one year agreement with West Publishing Corporation for legal document management and research software in the amount of $30,576 for a term beginning February 1, 2016 through February 1, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2013, the City Attorney's Office started using Concourse a legal document management system by Thompson Reuters, a subsidiary of West Publishing Corporation. The system is used in conjunction with Westlaw Next a legal research program which allows access to case law, statutory authority, secondary sources and other legal research tools. The City Attorney's Office would like to continue using both the legal document management system as well as the legal research program for the next year from February 1, 2016 to February 1, 2017. The two systems are one of the pillars that support the technologically innovative and streamlined services which the City Attorney's Office aims to provide its clients. Concourse also allows the City Attorney's Office to share files with its clients, which supports a collaborative work environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal# 7- Team Santa Ana, Objective 5 (create a culture of innovation and efficiency within the organization). 25C -1 Agreement with West Publishing Corporation for Legal Document Management February 16, 2016 Page 2 FISCAL IMPACT Funds for payment of all fees associated with this agreement are available in the Contract Services- Professional account (no. 01108032 - 62300) of the City Attorney's Office Budget. $12,740 for Fiscal Year 2015 -2016 and $17,836 for Fiscal Year 2016 -2017 in a total amount of $30,576. Sonla R. Carvalho City Attorney APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Attachment: Agreement with West Publishing Corporation. 25C -2 ;a,::: vtfmsra�1 �u���s Order Form " Contact your representative duke.kang @thomsonreuters.com with any questions. Thank you. Order ID: 754514 Online /Practice Solutions /Software Y�nasa`m .ffV�4NV.d.:�k�Ma,n ..a.°, Account Address: Shipping Address: Bilking Address: Account #:1000501462 Account #:1000501462 Account #:1000801462 SANTA ANA CITY ATTORNEY SANTA ANA CITY ATTORNEY SANTA ANA CITY ATTORNEY 20 CIVIC CENTER PLZ M29 20 CIVIC CENTER PLZ M29 20 CIVIC CENTER PLZ M29 SANTA ANA, CA 92701 SANTA ANA, CA 92701 SANTA ANA, CA 92701 US u5 U5 714- 647 -5201 714 - 647 -520t 714- 647.5201 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 ", 'my" or "I Monthly Charges begin on the date West Publishing Corporation ( "West, "w e" or "our ") processes your order and continue for the number of complete calendar months listed In the Minimum Term column above. Based on above terms listed you agree to the length and year over year increases. During my subscription terms, I am also responsible for all Excluded Charges. Excluded Charges are charges for accessing Wesdaw data or a Practice Solutions service that Is not included in your subscriptlon, Excluded Charges may change after 30 days written or online notice. non For Online /Practice Solutions /Software: Your subscription will change to a month -to -month status at the end of the Minimum Term, and your Monthly Charges will be billed at up to then current retail rate. Thereafter, we may modify the Monthly Charges after 30 days notice. Either of us may cancol the month-to-month subscription by sending 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P,O, Box 64833, Eagan MN 55123 -1603. Order charges for prinNeBook products not on subscription: N/A Dutial order charges for print/oBooks products with updates billed upon N/A shipment: Monthly Charges for Products under 12 month Minimum Term: $2,548.00 Csthnated total Monthly Charges for the initial 12 months: $0.00 Totals above do riot reflect applicable taxes and transportation charges or updates billed upon shipment. Please see the Miscellaneous section below for details. These Monthly Charges show the first year's Monthly Charges (and are combined If multiple products are ordered) with the same contract term and are subject to Increase per the terms of this agreement. 25C-3 Online /Practice Solutions /Software Svc Mat Product Qty Unit Program Program Monthly List Other Minimum Term Term Details Code Charges increases (Months) 40988738 Government Select Level I States 14 Atty Exception 545210 $3,640,0 30% $2,548.00 12 (WestlawNext7 m;) (Banded) (s) 28 Approved Pswrds 8 Auad=m m for Select Product details Monthly Charges begin on the date West Publishing Corporation ( "West, "w e" or "our ") processes your order and continue for the number of complete calendar months listed In the Minimum Term column above. Based on above terms listed you agree to the length and year over year increases. During my subscription terms, I am also responsible for all Excluded Charges. Excluded Charges are charges for accessing Wesdaw data or a Practice Solutions service that Is not included in your subscriptlon, Excluded Charges may change after 30 days written or online notice. non For Online /Practice Solutions /Software: Your subscription will change to a month -to -month status at the end of the Minimum Term, and your Monthly Charges will be billed at up to then current retail rate. Thereafter, we may modify the Monthly Charges after 30 days notice. Either of us may cancol the month-to-month subscription by sending 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P,O, Box 64833, Eagan MN 55123 -1603. Order charges for prinNeBook products not on subscription: N/A Dutial order charges for print/oBooks products with updates billed upon N/A shipment: Monthly Charges for Products under 12 month Minimum Term: $2,548.00 Csthnated total Monthly Charges for the initial 12 months: $0.00 Totals above do riot reflect applicable taxes and transportation charges or updates billed upon shipment. Please see the Miscellaneous section below for details. These Monthly Charges show the first year's Monthly Charges (and are combined If multiple products are ordered) with the same contract term and are subject to Increase per the terms of this agreement. 25C-3 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 fall to pay your Involced charges, you are responsible for collection costs Including attorneys' fees. 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 or debit and electronic fund transfer to pay charges due, Contact Customer Service at 1- 800 -328 -4880 for authorization procedures. If you are authorizing, as part of this order, or have already authorized us to bill a credit card or debit card or make electronic fund transfer for West subscriptions on an ongoing basis, no further action is needed. Returns and Refunds. You may return a print or CD- ROM /DVD product to us within 48 days of the original shipment date If you are not completely satisfied, Different pollcles apply to print products you receive as part of a program such as Assured Print Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ePack and WestPack. Westlaw, CLEAR, Monitor Suite, ProVlew eBook, Software, West LegalEdcenter, Practice Solutions, TREWS and Serengeti charges are not refundable. Please see http: // static. le- ga(solutien,,thorrsonreuters,com /static /returns- refunds. df or contact Customer Service at 1.800.328 -4880 for additional details regarding our policies on returns and refunds, Applicable Law. 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 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 United States Federal Government customer, United States federal law will apply and any claim may be brought In any federal court. Excluded Charges. If you access Westlaw data or Practice Solutions services that are not included in your subscription you will be charged our then - current rate, Excluded Charges will he Invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located at hitp:#static.legalsolutions, thomsonreuters. com /staticiagreemerit /schedule- a- westlaw..df and http:// statl c .legalsolutions,thomsotireuters. com /staticiagreernenV80hedule -a- concourse -firm • conti'al- caselogistix.pdf. Excluded Charges may change after The General Terms and Conditions, located at http:!/ static. Icgalsolutlons .thamsonreuters.enrrilstatic /general- terms- conditions.ptl F apply to all products ordered, purchased or licensed on this Order Form except print. In the event of a conflict 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 Products Subscriptions The number of attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel, and the like), corporate users, personnel orfull -time- equivalent students for the banded products you ordered appear In the Quantity column above. Our pricing for banded products Is made in reliance upon that number. If we learn that the actual number Is greater, we reserve the rightte increase your charges as applicable. Law firm and government subscribers of banded products will receive one (1) password for each attorney and an equal number of passwords for non- attorneys. 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 htip://stitio. legalsolutlons .thomsonreuters.00m / static /procluct- speciflc- torms.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 speciflc terms control. Hosted Practice Solutions CD -ROM Libraries / DVD products - West LegalEdcenter West km software Westlaw Doc & Form Builder s Time and Billing Westlaw Patron Access Westlaw Paralegal Campus Research ProMew eBooks For questions regarding this order, please contact West Customer Service at 1- 800 -328 -4880, 25C -4 e' eT �• �> t��e^s2�'w §iX' 4's �k -ur �r kip �``•`r,� ACKNOWLEDGMENT have read all pages and attachments to this Order Form and I accept the terms on behalf of Subscriber. I warrant that I am authorized to sign this Order Form on behalf of Subscriber. See attached signature page of Authorized Representative for order Title Name pate © 2016 West, a Thomson Reuters business, All rights reserved. 25C -5 'CtiCiMSaON AEUT04S. /attachment Contact your representative duke.kanthomsonreuters.com with any questions. Thank you. Order ID: 754514 Payment Method: Payment Method: WestAecount Account Number: 1000801462 Shipping Information: Shipping Method: Ground Shipping - U.S. Only Created By: Order Source: 27 Revenue Channel: 01 Order Date: 1121/2016 6:54:17 AM P.O. Number: Additional Data B: 14 user Position Gmnll - ArleneBarrantes Non- Attorney ABarrantes @santa- una.org Sonia Curvalho Attorney SCarvalho @santa- ana,org John Funk Attorney jfunk @snnta- ana.org Liduvina Gallardo Non - Attorney LGallardo n)snnta- ana.org Ryan Hodge Attorney rlrodge @santa- ana.org Kyle Nollesen Non- Attorney knellesen @santa- ana.org Jeanette Palma Non - Attorney jpahna @ santa- ana.org Laura. Rossini Attorney - Irossinl @saute- nnn.org - - Jose Sandoval Attorney JSandoval @santa- ana.org Sandra Schwarzmaun Attorney SSchwarzmann @santa- ana.arg Lisa Stork Attorney LStork @ santa- ano.org -, Marcella Villasenov Paralegal _ - Willasenor@santa- ana.org 40982t77 United Stites Code Annotated (& (WestlawNextTM;) 40980419 All Analytical Library (WestlawNextTM;) 40980379 All Federal Cases (WcstlawNextTM;) 40980477 California Analytical Library (WestlawNextTM J 41556709 CNC Concourse Matter Room Module For Govennnent 41818307 Deadline Assistant 30152124 Drafting Assistant Litigation &. Transactional with West Case Notebook Research Only 41240514 Westaw Form Builder - Jury Instructions Civil - California (WestlawNoxtTm;) 41240872 Wcgdaw FormBrtilder - Jury Instructions Criminal- California(WestlawNext"';) 41162035 Westlaw Form Builder- Legal SCILltions Full County - California (WesttawNext M; PRO) 41162031 Westlaw Form Builder- Legal Solutions Full JCF Plus - California (WestlawNtextrm; PRO) First Name Last Name Email Address Contact Description Contact Number Jose Sandoval JSnndoval @santa- nna.org Order Confirmation Contact 28 Jose Sandoval JSandoval @santa- ana.org Primary Password Contact 24 Jose Sandoval JSnndoval @sonta- ana.org LVN /CNB /CLX/DA Tech Contact 03 Exception Approval Code:E322249 v Worksheet Custom Pro: https: / /ordermation. west. thorn son.com /esicfs /of.aspx? order rou Id= 156eebcf4c3d488fb80dif85ba61a285& Fv =true z OF 25C -7 WestlawPRO - Deal Builder - Government Select - WestlawNext - Modules Addendum Customer Account Address: Account #:1000801462 SANTA ANA CITY ATTORNEY 20 CIVIC CENTER PLZ M29 SANTA ANA. CA 92701 us 714- 647.5201 Core Product: Primary Law with KeyCite@: All — California (WestlawNext) -) Modules Selected United States Code AnnotatecMD (WestlawNext -;) All Analytical Library (WestlawNextT ";) All Federal Cases (WestlawNext'"";) California Analytical Library (WestlawNextTM;) CNC Concourse Matter Room Module For Government Deadline Assistant Crafting Assistant Litigation & Transactional with West Case Notebook Research Only Westlaw Form Builder- Jury Instructlons Clvll - California (WestiawNaxtrnM;) Westlaw Form Builder - Jury Instructions Criminal , California (WestlawNextTM;) Westlaw Form Builder — Legal Solutions Full County — California (WestlawNextTm; PRO) Westlaw Form Builder — Legal Solutions Pull JCF Plus — California (WostswNOXVT ; PRO) Subscriber's Initials for Modules elected by Subscriber: See attached signature 'page Printed: 1113/2016 4:25 AM 25C -8 THOMSON REUTERS' Addendum to West Order Form Subscriber: Santa Ana C Account #: 1000801462 1. Effect of Addendum. The underlying Order Form between you and West ( "Lis" or "we ") is amended to incorporate the terms of this Addendum. As amended, the Order Form remains in effect. All terms used in this Addendum have the same meanings given in the Order Form. This Addendum supersedes any and all prior understandings and agreements relating to the subject matter. If there is a conflict between the terms of the Order Form and the terms this Addendum, the terms of this Addendum will control. 2. Modification to Order Form. You may elect a one -time option to terminate the Order Form upon fificen (15) days prior written notice to us with termination effective on May 17, 2016, West Publishing Corporation Accepted By Subscriber Signed See attached signature page Name (please print) Title Title Date Date I1 -1 -15 25C -9 For Internal Office Use Ouly _ _ Cbk Adders Sigi Cbk OLIICI. Box per sub — WPIC: 20% Validate except tool WPK: 205 Validate MYR 701 ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM AND RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By:eL,�,_ i ecru, Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager 25C -10