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HomeMy WebLinkAboutLEXIS NEXIS (2)p:C6TCC o avid�aa Awlr LexiSNexise Lexis Advance@ Subscription Agreement for State/Local Government (Now Subscriber Version) "Subscriber" Name: Santa Ana City Attorney Office Account Number: "LN": LexisNexis, a division of RSLX Inc. R 1. Subscription Agreement LexisNexis, a division of RELX Inc. ("LN") grants Subscriber a non-exclusive, non -transferable limited license to access and use Lexis Advance® and the materials available therein ("Materials") pursuant to terms set forth in the LexisNexis General Terms and Conditions ("General Terms") and the pricing set forth in the Price Schedule ("Price Schedule") (the General Terms together with the Price Schedule is collectively referred to as the "Subscription Agreement"), both of which are incorporated herein by reference. Subscriber may view and print the Subscription Agreement at: http://www.lexisnexis.com/terms/LACommercial2. 2. Certification 2.1 Subscriber certifies that the number of government professionals in Subscribers organization is as set forth below. A "Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who is employed by the Subscriber. Number of Government Professional Users: g 2.2 A "Support Staff User" is defined as a person who supports the Government Professional User, including, but not limited to: paralegals, interns, legal secretaries or other administrative support members. Up to 3 ID's may be issued to support staff for each Government Professional User accounted for above. Number of Support Staff Users: 1 5 2.3 Each LN ID must be issued for individual use by the Government Professional User or Support Staff User. 2A If Subscriber, at the time of signing this Agreement has 11 or more Government Professional Users, then Subscriber is required to notify LN if the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN in writing. 2.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Agreement depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date Subscriber signs this Agreement there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (i) At LN's request from time to time, Subscriber will certify in writing the then -current Reference Number. (ii) If there is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. 3. Lexis Advance Product and Charges 3.1 This Section 3 amends the Subscription Agreement with respect to the Lexis Advance product offering described below. The term of Subscriber's commitment for the Lexis Advance product offering will begin upon the date Subscriber's billing account ("Account Number") is activated ("Activation") and will continue for the last period set forth in Section 3.2 below (the "Committed Term"). Subscriber may not terminate this Agreement under Section 5.2 of the General Terms during the Committed Term. In addition, Subscriber may terminate this Agreement during the Committed Term for a material breach by LN that remains uncured for more than 30 days after LN receives written notice from Subscriber identifying a specific breach. NO: SLGovt-LexlsAdvauce-SubAgt-Sept2015 10# 4839.7227.7287 © 2015 LexisNexis. All rights resorved. Page 1 of 5 If Subscriber terminates this Agreement pursuant to this Section, then Subscriber will pay all charges incurred up to the date of termination. Upon the expiration of the Committed Term, all access to and use of Lexis Advance by Subscriber will be billed in accordance with the applicable then -current Price Schedule. 3.2 In exchange for access to the Lexis Advance Content, Feature and/or Service set forth in Section 3.1 above, Subscriber will pav to LN the followinq amount (the "Monthly Commitment') durinq the periods set forth below. .tp� $2 S � � j�µ�� }�{P �2+'+�'�"WY y{•T rxx 'S" li'..i'�R�5i1 Ste' 'W- 4+��'� ��� L a#` ar ^ .`£�'zi}v�MORE .. p "Y.P' 01/01/18-12/31/18 $99 01/01/19-12/31/19 Product 01/01/20-12/31/20 SKU Number Number of Users National Primary Enhanced 1011511 9 All Briefs Pleadings and Motions 1010612 9 All Trial Court Orders 1512258 9 California Practice Matthew Bender 1010630 9 City Attorney Premium Matthew Bender 1011966 9 CA Verdicts and Settlements 1010070 9 Smartlinx Public Records 1004801 9 E3 See attached Rider No. 1 for additional Content & Features 3.2 In exchange for access to the Lexis Advance Content, Feature and/or Service set forth in Section 3.1 above, Subscriber will pav to LN the followinq amount (the "Monthly Commitment') durinq the periods set forth below. .tp� $2 S � � j�µ�� }�{P �2+'+�'�"WY y{•T rxx 'S" li'..i'�R�5i1 Ste' 'W- 4+��'� ��� L a#` ar ^ .`£�'zi}v�MORE .. p "Y.P' 01/01/18-12/31/18 $99 01/01/19-12/31/19 $990 01/01/20-12/31/20 $990 3.3 During the Term, LN may make content and features available to Subscriber that are not included in the Lexis Advance Content described above which will be offered to Subscriber at an additional charge ("Alternate Materials'). Subscriber will be under no obligation to access and use the Alternate Materials, or to incur additional fees beyond the Monthly Installment. If Subscriber elects to access the Alternate Materials by initialing below, Subscriber will be notified that additional charges will apply before the Alternate Materials is displayed. If Subscriber proceeds to access the Alternate Materials, Subscriber will pay the then current, transactional charge(s) for the Alternate Materials that is displayed at the time of access. r_62), Subscriber elects access to the Alternate Materials (Initial) 3.4 Use of Lexis Advance under this Agreement is available to Subscriber and its Authorized Users (defined in the General Terms). 3.5 LN may temporarily suspend access to Lexis Advance until all unpaid amounts are paid in full. No claims directly or indirectly related to this Agreement with respect to amounts billed or payments made under this Agreement may be initiated by Subscriber more than 6 months after such amounts were first billed to Subscriber. 4. Closed Offer The prices and other terms are subject to change if Subscriber has not submitted a signed original or copy on or before 12/22/17. 5. Confidential Information Subject to any state open records or freedom of information statutes, this Agreement 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 Agreement in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 5 will survive the termination or expiration of this Agreement. ND: SLGovt-LexlsAdvance-SubAgl-Sept2015 ID# 4839-7227-7287 © 2015 LexisNexis. All rights reserved. Page 2 of 5 ( 6. Support and Training During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of Lexis Advance through: (a) Mandatory basic training In the use of Lexis Advance by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Agreement. 7. Miscellaneous 7.1 This Agreement does not bind either party until it has been accepted by both parties. Subscriber may accept this Agreement by signing below. LN will accept this Agreement by providing Subscriber with access to Lexis Advance or by signing below. 7.2 If Subscriber issues a purchase order in connection with the Agreement, Subscriber acknowledges and agrees that the purchase order shall be for Subscriber's internal purposes only and shall not modify or affect any of the other terms or conditions for access to the Online Services. LEXISNEXIS WILL NOT ACCEPT ANY CHANGES, CORRECTIONS OR ADDITIONS TO THIS AGREEMENT UNLESS SUCH CHANGES ARE EXPRESSLY ACCEPTED BY LN IN WRITING. SUCH CHANGES WILL HAVE NO LEGAL EFFECT. AGREED TO AND ACCEPTED BY: ' Subscriber: Santa Ana City Attorney Office 1 [MUST BE COMPLETED BY SUBSCRIBER] Authorized Subscriber Signature: See Attached Signature Page Printed Name: Job Title: Date: LexieNexis, a division of REL( Inc. COMPLETED BY LExisNExis Authorized Signature: Name: Job Title: ` a 0000_ Date: b -o _ 0000 e_ _. -1201.5 ID0483_227.-7.� _ �_ .... w___.._ _..____._. _..0201._ __..__res o �,., ND: SLGovI LexisAdvanee-Su6AgFSep12015 IDM 483g 77277287 ®2015 LexisNexis All rights reserved Page 3 of 5 Lexis — Signature Page Subscription Agreement ATTEST N-2017-270 CITY OF SANTA ANA APPROVED AS TO FORM - RECOMMENDED FOR APPROVAL SONIA R. CARVALHO City Attorney By: Page I of I CUSTOMER INFORMATION (Please type or print): Organization Name: Full Le al Name Santa Ana City Attorney Office Billing Frequency: Monthly © Annually . Physical Address Invoice Address Street Address: 20 Civic Center Plaza, M-29, PO Box 1988 City: Santa Ana State: CA Zip: 92701 County: Orange County Telephone: 714-647-5201 Fax: Parent Company: if applicable) Tyne of Organization: Legislative ❑ Judicial ❑ Executive Professional User: Sonia R. Carvalho Practicing Area of Law: Municipality, Government Support Staff: See attached list Employer Identification Number: Bar No: 162700 Issuing State: California Date Issued/Expiration Date: December 1992 Organization Web Address: www.ci.santa-ana.ca.us Tax Exempt: rl Yes (attach Sales Tax Exemption Certificate) MSA: Q Yes L..J. No Q No Tax ID No: Contacts: Installation: Billing: Policy/Legal Notification: Scheduling/Training: Name David Quintana David Quintana David Quintana State Contract No: (If applicable) PO No: (If applicable) Telephone 714-647-6990 714-647-6990 714-647-6990 dquintana@santa-ana.org dquintana@santa-ana.org dquintana@santa-ana.org Name Telephone Super Admin: David Quintana 714-647-6990 Email dquintana@santa-ana.org IP Address 38.184.1.100 Page 4 of 5 CUSTOMER ID INFORMATION (Please type or print) ID HOLDERS' NAMESID HOLDERS' ID HOLDERS' EMAIL ADDRESSES LOCATION/ADDRESS (additional sheet attached ®) TITLES/POSITIONS See attached list 02015 LexisNexis. All rights reserved. Page 5 of 5 ID Holders Name Carvalho, Sonia Rossini, Laura Schwarzmann, Sandra Bogosian, Tamara Funk, John Hodge, Ryan Nellesen, Kyle Storck, Lisa Lexis - Subscription Agreement with City of Santa Ana Customer ID Information Title Email Location City Attorney scarvalho@santa-ana.org See address on agreement Senior Assistant City Attorney Irossini@santa-ana.org See address on agreement Senior Assistant City Attorney sschwarzmann@santa-ana.org See address on agreement Assistant City Attorney tbogosian@santa-ana.org See address on agreement Assistant City Attorney ifunk@santa-ana or¢ See address on agreement Assistant City Attorney rhodge[a@santa-ana.org See address on agreement Assistant City Attorney knellesen@santa-ana.org See address on agreement Assistant City Attorney Istorck@santa-ana.org See address on agreement Barrantes, Arlene Sr. Legal Secretary Gallardo, Liduvina Sr. Legal Secretary Palma, Jeannette Sr, Paralegal Quintana, David Sr. Paralegal Villasenor, Marcella Sr. Paralegal abarrantes@santa-ana.or lgailardo@santa-ana.org j paima@santa-ana.org dquintana@sa nta-a na.org mvillasenor@santa-a na.org See address on agreement See address on agreement See address on agreement See address on agreement See address on agreement