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HomeMy WebLinkAbout21-138 Resolution No. 21-138 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST PUBLISHING CORPORATION FOR ONLINE LEGAL RESEARCH AND PUBLICATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with West Publishing Corporation, for online legal research and publication services, a copy of which is attached hereto and made a part hereof by reference. _s/David J. Kaptain David J. Kaptain, Mayor Presented: September 8, 2021 Adopted: September 8, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: _s/Kimberly Dewis Kimberly Dewis, City Clerk Order Form Order ID: Q-01360366 THOMSON REUTERS Contact your representative tim.moore@thomsonreuters.com with any questions.Thank you. Sold To Account Address Shipping Address Billing Address Account#: 1000493376 Account#:1000493376 Account#: 1000493376 ELGIN LEGAL DEPT ELGIN LEGAL DEPT ELGIN LEGAL DEPT CITY HALL CITY HALL CITY HALL 150 DEXTER CT 150 DEXTER CT 150 DEXTER CT ELGIN IL 60120-5527 US ELGIN IL 60120-5527 US ELGIN,IL 60120-5527 US "Customer" This Order Form is a legal document between West Publishing Corporation and Customer. West Publishing Corporation also means"West","we"or "our"and Customer means"Subscriber","you",or"I". Subscription terms,if any,follow the ordering grids below. ProFlex Products See Attachment for details Material# Product Monthly Charges Minimum Terms Months 40757482 West Proflex $1,084.47 36 Minimum Terms Your subscription is effective upon the date we process your order("Effective Date")and Monthly Charges will be prorated for the number of days remaining in that month, if any. Your subscription will continue for the number of months listed in the Minimum Term column above counting from the first day of the month following the Effective Date. Your Monthly Charges during the first twelve(12)months of the Minimum Term are as set forth above. If your Minimum Term is longer than 12 months,then your Monthly Charges for each year of the Minimum Term are displayed in the Attachment to the Order Form.You are also responsible for all Excluded Charges as defined below. Post Minimum Terms At the end of the Minimum Term,your Monthly Charges will increase by 7%.Thereafter,the Monthly Charges will increase 7%every 12 months unless we notify you of a different rate at least 90 days before the annual increase. You are also responsible for all Excluded Charges.Excluded Charges may change after at least 30 days written or online notice.Either of us may cancel the Post Minimum Term subscription by sending at least 60 days written notice.Send your notice of cancellation to Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan,MN 55123- 1803. Federal Government Subscribers Optional Minimum Term.Federal government subscribers that chose a multi-year Minimum Term,those additional months will be implemented at your option pursuant to federal law. Banded Product Subscriptions. You certify your total number of attorneys(partners, shareholders, associates, contract or staff attorneys, of counsel,and the like),corporate users,personnel or full-time-equivalent students is indicated in this Order Form. Our pricing for banded products is made in reliance upon your certification.If we learn that the actual number is greater or increases at any time,we reserve the right to increase your charges as applicable. Miscellaneous Thomson Reuters General Terms and Conditions, apply to all products ordered including ebooks, and is located at httys://static.legalsolutions.diomsonreuteis.com/static/ThomsonReuters-General-Terms-Conditions.odf. In the event that there is a conflict of terms 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. Thomson Reuters General Terms and Conditions for Federal Subscribers is located at httas://static.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.ndf In the event that there is a conflict of terms 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. Applicable Law.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 non-governmental entity,this Order Form will be interpreted under Minnesota state law and any claim by one of us may be brought in the state or federal courts in Minnesota.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. 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 customer and fail to pay your invoiced charges,you are responsible for collection costs including attorneys'fees. Excluded Charges And Schedule A Rates.If you access products or services that are not included in your subscription you will be charged our then-current rate ("Excluded Charges"). Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located in the below link Excluded Charges may change from time-to-time upon 30 days written or online notice. We may,at our option,make certain products and services Excluded Charges if we are contractually bound or otherwise required to do so by a third party provider or if products or services are enhanced or if new products or services are released after the effective date of this ordering document. Modification of Excluded Charges or Schedule A rates is not a basis for termination under paragraph 10 of the General Terms and Conditions. http://static.legalsolutions.tliomsonreuters.com/static/agrcement/t)lan-2-pro-govt-agencies l)df Pagel of 3 eBilling Contact.All invoices for this account will be emailed to your e-Billing Contact(s)unless you have notified us that you would like to be exempt from e-Billing. 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. Returns and Refunds. You may return a print product to us within 45 days of the original shipment date if you are not completely satisfied. Please see httr)://static.leealsolutions.thomsonreuters.com/static/returns-ref inds.t)df or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. Transportation Charges. Print products are shipped F.O.B.origin.Transportation charges will be added for expedited shipments made at your request and for international product delivery. Expedited shipments and international product shipments will be charged at then-current carrier rates 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 httys:Hstatic.lep-alsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terins-Conditions- PST.Rdf.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 specific terms control. *Campus Research *Contract Express *Hosted Practice Solutions •ProView eBooks •Time and Billing •West km Software •West LegalEdcenter •Wesdaw •Westlaw Doc&Form Builder •Westlaw Paralegal •Westlaw Patron Access •Westlaw Public Records Additional Order Form Terms and Conditions Government Non Availability of Funds for Online.Practice Solutions or Software Products You may cancel a product or service with at least 60 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an official document,(e.g.,executive order,an officially printed budget or other official government communication)certifying the non- availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. ©2021 West,a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 10/10/2021. CITY OF ELG ACC BY: Richard G.Kozal,City Manager Date:September 8,2021 Page 2 of 3 ,. Attachment Order ID: Q-01360366 "'" Ss THOMSON REUTERS •.' Contact your representative tim.moore@thomsonreuters.com with any questions.Thank you. Payment,Shipping,and Contact Information Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:Cogley,William Account Number: 1000493376 Email:cogley_w@cityofelgin.org Shipping Information: eBilling Contact Shipping Method:Ground Shipping-U.S.Only Contact Name William Cogley Email cogley_w@cityofelgin.org ProFlex Multiple Location Details Account Number Account Name Account Address Action 150 DEXTER CT 1000493376 ELGIN LEGAL DEPT ELGIN New IL 60120-5527 US ProFlex Product Details Quantity Unit Service Material# Description I Each 40757482 West Proflex 5 Attorneys 42077751 Gvt-National Primary Core 5 Attorneys 41985648 Gvt-Related Documents For Government estlaw PROTM 5 Attorneys 42077755 Westlaw All Analytical,Enterprise access,Government Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name I Email Address Customer Type Description William Cogley co 1 w@)cityofelgin.org EML PSWD CONTACT Charges During Minimum Term Material Product Year 1 %incr Year 2 %incr Year 3 '9° Year 4 % Year 5 # Name Monthly Yr I-2 Monthly Yr 2-3 Monthly incr Monthly incr Monthly Charges Charges Charges Yr 34 Charges Yr 4-5 Charges 4075748 West Proflex $1,084.47 3.00% ° 2 $1117.00 3.00% $1150.51 N/A N/A N/A N/A Charges During Minimum Term Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Term. Refer to your Order Form for the Post Minimum Term pricing. Page 3 of 3