95-7 Resolution No. 95-7
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WEST PUBLISHING CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, 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 WESTLAW computer legal research services, a copy of which
is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 25, 1995
Adopted: January 25, 1995
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
v �
WESTLAW® Subscriber Agreement
Q t4 vnJiCif44 Ccr:PcRAT'Dnj ■
AGREEMENT entered into between Ci / ' ��/f'� -mil �l .r�..�/ s WESTLAW
•('Subscriber')and WEST PUBLISHING CORPORATION("West")regarding WESTLAW,as follows: ���®
A.WESTLAW AND GATEWAYS 7. Prentice Hall OnLine Public Record Databases
Prentice Hall OnLine Public Record Databases ("Public Record
1. License
During the tern of this Agreement, subject to the terms and conditions Databases") may be used in connection with transactions involving busi-
hereof,West grants Subscriber a non-exclusive, non-transferable, limited rases Use of involving individuals r Databases acting listin listings co t commercial g information tion o-
license to West Publishing Company's ("WP") computer-assisted legal individuals Use of Public cti and with transactions ltionss vo aining iconsu er as
research service, WESTLAW (which includes 'Features" as defined individuals in connection with ng Act, involving a consumer as
pro-
below), and certain third party gateway services ("Gateways") available defined in the Fair prohibited uses de but U.S.C.§16te et seq.,is edit
through WESTLAW. Such license permits Subscriber to access hibfted. Such prohibited uses irxtiude but are not limited to (i) a credit
WESTLAW and Gateways at license s times permits itsy Subscriber
g available transaction involving the consumer and involving the extension of creditor
and
WESTLAW
to use data Gateways
available im to Subscriber are generally e WESTLAW and review or collection of credit accounts of the consumer, (ii)determination
Gateways ("Data,"which includes'Downloaded Data"as defined below) foof r the consumer's ingi the for employment, er)determination nation f he of eligibility
solely in the regular course of legal and other research and related work. for insurance involving the consumer,(iv)determination of the consumers
eligibility for any governmental license or benefit,and(v)a business trans-
Except as otherwise provided herein, such license includes the right to action involving an individual acting in a consumer capacity. Further,use
download and temporarily store insubstantial portions of Data of any listing containing information on individuals acting in their individual
("Downloaded Data")to a storage device under Subscriber's exclusive capacities in any judicial or administrative proceeding, including any dis-
control solely (i)to display internally such Downloaded Data and (ii) to emery,is prohibited.
quote from such Downloaded Data (appropriately cited and credited) in
memoranda, briefs and similar work product created by Subscriber. 8. DISCLAIMER OF WARRANTIES AND LIMITATION OF
Subscriber may also create printouts of Data for internal use and for LIABILITY
distribution to third parties if such third parties agree not to further WESTLAW,GATEWAYS AND DATA ARE PROVIDED AS IS,"WITH-
distribute the printouts. OUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING,
2. Limitation of License BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE,
Neither the Data nor any portion thereof may be copied, downloaded, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
stored,published,transmitted,transferred,sold or otherwise used,in any SUBSCRIBER'S EXCLUSIVE REMEDY AND WEST'S,WP'S AND/OR
form or by any means, except(i) as expressly permitted herein, (ii) with CONTRIBUTORS'ENTIRE LIABILITY HEREUNDER,IF ANY,FOR ANY
West's prior written permission,or(iii)if not otherwise expressly prohibited
CLAIM(S) FOR DAMAGES RELATING TO WESTLAW, GATEWAYS
by this Agreement,as allowed by the fair use provision of the Copyright OR DATA WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR
Act (17 U.S.C. § 107). Subscriber shall not store or use Downloaded JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE,
Data in a searchable database except as quoted in Subscriber's work SHALL BE LIMITED TO THE AMOUNT OF WESTLAW CHARGES
product.Further,Subscriber shag not sell or license Data(including print- PAID BY SUBSCRIBER RELATIVE TO THE PERIOD OF OCCUR-
outs and Downloaded Data)to third parties or use Data as a component RENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CONTRIBUTORS
of or as a basis for any material offered for sale or license.
PROVIDED, HOWEVER,THAT WEST,WP AND/OR CONTRIBUTORS
SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR
3. Rights in Data ANY CLAIM(S) RELATING IN ANY WAY TO (I) SUBSCRIBER'S
Except for the license granted herein,all right,title and interest in Data,in INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER
all languages, formats and media throughout the world, including all RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL
copyrights therein,are and shall continue to be the exclusive property of OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY,
West,WP and other contributors("Contributors')of Data. EVEN IF ASSISTED BY WEST,WP OR CONTRIBUTORS,OR(II)ANY
LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY,
4. WESTLAW Charges INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN
Charges-payable by Subscriber for access to and use of WESTLAW and WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR
Gateways ("WESTLAW Charges") shall commence on the date USE OF,OR INABILITY TO USE,WESTLAW,GATEWAYS OR DATA,
Subscriber first accesses WESTLAW or a Gateway. WESTLAW Charges EVEN IF WEST,WP AND/OR CONTRIBUTORS HAVE BEEN ADVISED
shag be as stated in the Schedule A.Price Plan designated on the final OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,WEST AND
page hereof or as otherwise agreed ih writing by the parties. Subscriber WP SHA13.-HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER
may elect a different Schedule A by giving West written notice at least 30 FOR ANY CLAIM(S)RELATING IN ANY WAY TO ANY GATEWAY.
days prior to the first day of a WESTLAW billing cycle,effective as of the
first day of such billing cycle;provided,however,that no Schedule A may
be adopted for less titan a three month period. B.WESTLAW SOFTWARE AND EQUIPMENT
5. WESTLAW Features and Gateways 9. WESTLAW Software
From time to time, West may notify Subscriber that certain WESTLAW From time to time, West may make available to Subscriber certain
databases or other features ("Features") or Gateways are available to software for use in connection with WESTLAW. Such software,new ver-
Subscriber on or through WESTLAW. Access to and use of Features and sions thereof and the accompanying user documentation are referred to
Gateways may be governed by terms and conditions, including charges, collectively herein as"Software." Subscriber shall pay West's charges for
which are different than those set forth herein ("Additional Terms"). such Software ("Software Charges") as set forth in the then-current
Subscriber may be notified of Additional Terms in writing or online. By Schedule B4 WESTLAW Software Order Form. All Software shall be
using such Features or Gateways, Subscriber agrees to, and shall be licensed to Subscriber under a license agreement which shall be enclosed
obligated to comply with,all such Additional Terms as well as the terms with the Software. By opening the package and using the Software,
and conditions hereof. Subscriber agrees to be bound by the terms and conditions of the accom-
panying West's Legal Directory panying license agreement. If Subscriber does not so agree, Subscriber
may return the Software to West for a full refund of any fee paid.
Subscriber may use Data contained in West's Legal Directory ('WLD")
internally in the regular course of Subscribers business. Use of WLD to
create mailing or marketing lists for commercial purposes or for distribu-
tion to third parties is prohibited. Subscriber may download,store and use
Data consisting solely of Subscribers own listing on WLD in a searchable
database.
ir . a> in
VI c o 4.1, 8 e a,S
o
= aC
10.Equipment OR COMPLETELY OR FOR ANY LOST PROFITS OR OTHER COI.. 3
,.N From time to time,West may make available to Subscriber certain equip- QUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPEC c d
ment (-Equipment") by purchase ("Purchased Equipment.) or lease DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S
(-Leased Equipment") for use in connection with WESTLAW. Subscriber RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, PUR-
shall pay West's charges for such Equipment ("Equipment Charges') as CHASED OR LEASED EQUIPMENT OR SOFTWARE, EVEN IF WEST
set forth in the then-current Schedule B1 WESTLAW Equipment Order OR WP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM=
Form. Leased Equipment shall be leased for a term of no less than one AGES.
year from the date upon which such Equipment is delivered to Subscriber;
provided, however, that such leases shall terminate upon termination of
this Agreement. C.GENERAL PROVISIONS
11.Purchase Money Security Interest 17.Modffication of Charges
Subscriber as debtor,grants West,and West,as secured party retains,a The WESTLAW Charges, Software Charges and Equipment Charges
purchase money security interest in Purchased Equipment, including all (collectively'Charger) may be modified prior to the effective date of this
accessions and attachments thereto and any proceeds thereof, until the Agreement and upon at least 30 days prior notice to Subscriber in writing
applicable Equipment Charges are paid in full. A reproduction of this or online after the initial one year term hereof. Notwithstanding the-fore-
Agreement(including any relevant Schedules hereto)shall be sufficient as goinn, Charges for Features or Data provided by Contributors, including
a financing statement. Gateways,may be modified at any time upon at least 30 days prior notice
to Subscriber in writing or online or as stated in the applicable Additional
12.Ownership and Use of Leased Equipment Terms.Charges are exclusive of sales,use and other taxes,which are the
Leased Equipment shall remain the sole and exclusive property of West. responsibility of Subscriber.
Subscriber shall not take any action which may, directly or indirectly,
impair the value of the Leased Equipment or West's right,title and interest 18.Billing and Payment
therein and shall immediately notify West of any legal proceeding affecting After the end of each WESTLAW billing cycle, West shall invoice
such Leased Equipment. Leased Equipment shall be kept in Subscriber's Subscriber for all Charges incurred by Subscriber during such billing
sole possession at the address(es)specified on the applicable Schedule cycle. Subscriber shall pay the invoice in full within 30 days after receipt.
B1. West may enter Subscriber's premises during normal business hours If full payment is not made, Subscriber may thereafter be charged up to
to remove such Leased Equipment if Subscriber is in material breach of the maximum legal interest on any unpaid balance.
this Agreement 19.Responsibility for Certain Matters
13.Risk of Loss Subscriber shall be responsible for all access to and use of WESTLAW,
Except as specifically provided herein, as of the date of delivery of Gateways, Data, Software and Equipment by Subscriber's personnel or
Equipment,Subscriber assumes all risk of loss and liability,whether or not by means of Subscriber's equipment or WESTLAW passwords, whether
covered by insurance,for any damage to or loss of Equipment or for prop- or not Subscriber has knowledge of or authorizes such access and use.
erty damage or personal injury arising out of or related to the Equipment 20.Limitation of Claims
Pled hereunder. Except for claims relating to Charges or improper use of WESTLAW,
14.Purchased Equipment Warranty and Service Agreement Gateways, Data or Software, no claim, regardless of form,which in any
Purchased Equipment shall be covered by the applicable warranties or way arises out of this Agreement or the use of, or inability to use,
service agreements set forth in the applicable Schedule B1. WESTLAW, Gateways, Data,Software or Equipment may be made, nor
w
15.Leased Equipment Warranty
action based upon such claim brought, by either party hereto more than
my one year after the basis for the claim becomes known to the party desiring
West warrants that it shall maintain Leased Equipment in good operating to assert it.
condition. West shall perform all repairs and maintenance of Leased
Equipment,or,at its option,may replace such Equipment. Subscriber will 21.Term and Termination
be billed for all damage to and repair or maintenance of Leased This Agreement shall become effective upon approval and execution by
Equipment resulting from misuse,abuse,theft or any other cause,normal West in St Paul, Minnesota, and shall continue in force until terminated
use excepted. Subscriber's exclusive remedy for breach by West of the by either party upon at least 30 days prior written notice of termination to
Leased Equipment warranty shall be repair of the defective Leased the other party;provided,however,that this Agreement may not be termi-
Equipment or replacement upon its return to West If West is unable to nated prior to one year after the date Subscriber first accesses
repair or replace defective Leased Equipment, Subscriber's exclusive WESTLAW or a Gateway.Notwithstanding the foregoing, West may ter-
remedy shall be to obtain a refund of the Equipment Charges) paid for urinate this Agreement immediately upon giving written notice of temNna-
the Leased Equipment in question during the period such Equipment was tion to Subscriber if Subscriber commits a material breach of any
defective. obligation to West under any other agreement between the parties, and
16.DISCLAIMER OF WARRANTIES AND LIMITATION OF notice e
either partermination may terminate
nateth i other Agreement immediately upon giving written
LIABILITY party if the other party commits a
material breach hereof. .
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IN SCHEDULES
HERETO OR IN APPLICABLE LICENSE AGREEMENTS, ALL PUR- 22'Effect of Agreement
CHASED AND LEASED EQUIPMENT AND SOFTWARE ARE PROVID- This Agreement (which shall include all current and future Schedules
ED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR hereto and applicable Additional Terms)embodies the entire understand-
IMPLIED,INCLUDING,BUT NOT LIMITED TO,THE WARRANTIES OF in9 between the parties with respect to the subject matter hereof and
PERFORMANCE,MERCHANTABILITY AND FITNESS FOR A PARTIC- supersedes any and all prior understandings and agreements, oral or
ULAR PURPOSE. SUBSCRIBER'S EXCLUSIVE REMEDY AND written' relating thereto' Except as otherwise Provided herein, West may
WEST'S AND WP'S ENTIRE LIABILITY HEREUNDER, IF ANY, FOR amend the terms and conditions of this Agreement by giving Subscriber at
ANY CLAIM(S)MADE AGAINST THEM,INDIVIDUALLY OR JOINTLY, least 30 days prior written notice thereof. Any other amendment must be
FOR DAMAGES, INCLUDING ANY CLAIM(S) FOR PROPERTY in venting and signed by both parties'
DAMAGE OR PERSONAL INJURY, CAUSED BY PURCHASED OR 23 Force madams
LEASED EQUIPMENT, REGARDLESS OF THE FORM OF ACTION, .
WHETHER BASED IN CONTRACT OR NEGLIGENCE, FOR WHICH West's performance hereunder is subject to interruption and delay due to
WEST OR WP IS LEGALLY LIABLE SHALL BE LIMITED TO THE causes beyond its reasonable control such as acts of God, acts of any
AMOUNT OF THE EQUIPMENT CHARGES PAID BY SUBSCRIBER government, war or other hostility, civil disorder, the elements, fire,
FOR THE EQUIPMENT IN QUESTION. IN NO EVENT SHALL WEST explosion, power failure, equipment failure, industrial or labor dispute,
OR WP BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S)RELATING inability to obtain necessary supplies and the like.
IN ANY WAY TO SUBSCRIBER'S INABILITY OR FAILURE TO
PERFORM LEGAL OR OTHER RESEARCH OR WORK PROPERLY + , „t r ;, _„ . „�
a rarzr+ 3-.9 c t~r
jimO .
5 Notices 26.Other Provisions
Except as otherwise provided herein,all notices hereunder shall be given Neither this Agreement nor any part or portion hereof shall be assigned,
in writing to West at 620 Opperman Drive, P.O. Box 64833, St. Paul, sublicensed or otherwise transferred by Subscriber without West's prior
Minnesota 55164-1803, Attention:James E. Taylor, and to Subscriber at written consent. Should any provision of this Agreement be held to be
the address set forth below. void, invalid, unenforceable or illegal by a court,the validity and enforce-
ability Governing Lew ability of the other provisions shall not be affected thereby. Failure of any
9 party to enforce any provision of this Agreement shall not constitute or be
This Agreement shall be governed by and construed under the laws of the construed as a wavier of such provision or of the right to enforce such pro-
State of Minnesota. vision. The headings and captions contained in this Agreement are insert-
ed for convenience only and shall not constitute a part hereof.
WEST PUBUSHING CORPORA !� SUBSCRIBER
By Signature 1
Title Name(plea pght) Richard B. Helwig
Date 1 "3O—a S ASST. CREDIT MGR. Title City Manager
Date ' Z 6 19S"
J
Firm Name Cf`�1 C) / �y,.%✓
Address /-e*S G / i)e
Asa 1A.)( c
Contact /I/'4 C' -nj i"/o► �✓
Telephone 7,08:/ 9 3/— C 6"0
PRICE PLAN(must be completed)
Schedule A•Ptan 2 -9/Pee f a /
3-9161-3M-93
I
■
Schedule A to WESTLAW® Subscriber Agreement --
aMMINNINIUMMINIS
Plan 2 Government Dial-Up Service '�5.,,.■;; , we
-:with Special Offer
Available only to new WESTLAW Subscribers
Available only to government personnel accessing B.Communications Charges
WESTLAW for government purposes. Network Access Hourly Rate
1. Monthly Subscription Charge-$100 per agency. Local(within the contiguous U.S.) $13
WATS(within the contiguous U.S.) 21
2. Monthly Usage Charges Local(AK and HI) 22
A. Usage Charges WATS(AK and HI) 24
g g Other locations available upon request
I. Standard Usage Options. Subscriber shall pay monthly Communications charges begin when Subscriber's password is
usage charges pursuant to the usage option selected below. transmitted and end when Subscriber's telecommunications link
Subscriber may elect a different usage option or change its is disconnected
minimum monthly,usage commitment under the Block
Option by giving West 30 clays prior written notice. C.Offline Transmission Charges
Charge Per
a. Hourly Option
Standard Format Line
Hours Hourly Cumulative WESTLAW Databases $.02 !
of Use Usage Rate Charges DIALOG•on WESTLAW Databases .025
0 3 $160 $ 480 Offline transmission charges apply to printing and downloading
4-30 155 4,665 • to storage devices and facsimile machines and to use of
31-up 150 WESTPRINT N, West's print and mail service. A$15 handling
charge per user per day shall apply to WESTPRINT. Usage
b. Block Option(complete minimum hours) charges of$28 per hour and communications charges apply to
offline transmission to attached storage devices and facsimile
Minimum Monthly Usage Commitment hours machines. No per line offline transmission charges apply to
Each agency must commit to minimum monthly use for Dialog Databases to which transaction charges apply.
which it agrees to pay a monthly block usage charge 3. Training Charges
regardless of actual use. Use of Current Awareness Basic training charge $ 70 per trainee
Databases, Specialty Databases and WESTLAW Features Minimum training charge 280 for initial session
shall not be applied against the minimum monthly usage
commitment. Agencies are not permitted to aggregate use Maximum training charge 2,100 per Subscriber
Each billing purposes. Excess hours shall be billed as set forth trainee shall receive up to one hour of free use of Standard and
below: Allflle Databases and communications which must be used within 15
days of trainee's basic training session.
Minimum Monthly
Usage Commitment Monthly Block Excess 4. WESTLAW Features Charges
(in hours) Usage Charge Hourly Rate
25 $3,625 $145.00 Communications and offline transmission charges apply to all
50 6,850 137.00 Features,except as otherwise indicated.
75 9,975 133.00 A. EZ ACCESS*Charges
100 12,800 125.00
200 EZ ACCESS shall be billed at$85 per hour. Usage charges
300 36,300 125.00
300 36,300 121.00 shall apply to databases, services and Features entered
400 46,800 117.00 through EZ ACCESS.
500 56,000 112.00 B. Offline Automated Citation Checking Charges
750 74,625 99.50
Over 750 available upon request Citation Service • Charge Per Citation
Insta-Cite $2.50
Usage charges begin when Subscriber's password is . Shepard's• 2.50
transmitted and end when Subscriber's telecommunications Shepard's PreView• 1.00
link is disconnected. OuickCite'" 2.50
II. Special Usage Charges. Find 2.00
Content Verification .50
a. Allfile Databases. Each hour of Allfile Databases use No usage charges apply to offline automated citation checking.
shall count as 1.5 hours. Per line offline transmission charges apply to Find requests only.
b. Super Allfile Databases. Each hour of Super Allfile
Databases use shall count as 1.75 hours.
c. Current Awareness Databases. Current Awareness
Databases shall be billed at$90 per hour.
d. Specialty Databases. Specialty Databases shall be
billed at$235 per hour.
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C. Personal Directory of Queries("PDQ")Automated G.QUICKLAW'"Charges
Search Charges QUICKLAW databases shall be billed at$175 per hour. No
Frequency Charge Per Search communications or offline transmission charges apply.
Per Query H.Washington Alert Charges
Daily $12
Business Day 16 Washington Alert databases shall be billed at$270 per hour. No\____,
Weekly/Upon Request 18 communications or offline transmission charges apply.
Monthly 24 20
M I. Tax Assessor Records Charges
Monthly
Usage and DIALOG on WESTLAW transaction charges apply Tax Assessor Records databases shall be billed at$195 per
to the online display of PDQ automated search results. hour. No communications or offline transmission charges apply.
D. Images Charges 5. Gateways
Images shall be billed at$1.95 for each Image printed. Usage Charges for Gateways shall be as set forth on Schedule H to
pST
charges of$28 per hour apply to Image printing. Per line offline applicable Subscriber r Greement or in the Additional Terms
a
transmission charges shall not apply.Standard offline transmission ppicale to the particular Gateway.
charges apply to text printed with Images. 6. Special Offer
E. DIALOG on WESTLAW Charges A. WESTLAW Charges
Database Cias$ification Hourly Usage Rates I. During the thirty (30) day period following the date of
Dialog 1 $50 Subscriber's initial WESTLAW invoice,West shall waive
Dialog 2 81 the following Charges:
Dialog 3 98 a.Usage charges;
Dialog 4 123
Dialog 5 148 b.Communications charges;
Dialog 6 198 c.Offline transmission charges(as limited by Paragraph
Dialog 7 248 1 of the Subscriber Agreement);
Dialog 8 298 d.EZ ACCESS charges;
Dialog 9 348 e.Offline automated citation checking charges;
i
Transaction charges also apply to each document or citation 1. PDQ charges;and,
displayed,offline printed or offline downloaded from certain Dialog
Databases.The SCOPE screen for each individual database lists g.Images charges.
its database classification and the applicable transaction charges,if iL During the six (6) month period following the date of
any. Charges for other WESTLAW Features used in DIALOG on Subscriber's initial WESTLAW Invoice,West shall waive
WESTLAW shall also apply. the following Charges:
Additional Terms. Certain Dialog Databases are subject to a.Monthlpsubscription charges; `—
additional terms and conditions as set forth in the most current b.Training charges;and
Database Supplier Terms and Conditions, which will be made .
c.Monthly lease charges for 1-WALT*II terminal and
available to Subscriber from time to time.
1-WEST-JET*printer.
F. Dun&Bradstreet Information Services'Online III. During the second (2nd) month following the date of
Service("D&B Online Service")Charges. Subscriber's initial WESTLAW invoice,West shall waive
Transaction Charge Per all usage and communications charges for searches
Transaction initiated in West's WIN*(WESTLAW Is Natural )search
language. r,,
LOOKUP $ 5
BUSINESS INFORMATION REPORTS 50 B.Gateway Charges
FAMILY TREE•SERVICE Charges for use of other WESTLAW Features, such as
Family Tree Summary(One time 63 DIALOG on WESTLAW(and its associated
charge Parr U charges), D&8 Online Service,OUICKLAW,Washington
Each Family Member(Charge assessed 8 Alert,Tax Assessor Records and Gateways(pursuant to
for each member displayed within any Schedule H) are not waived and are the responsibility of e,,;
one of the Family Tree options) ` `
Fami Tree Options
Complete • T. Term and Termination ,,
Subsidiaries Only
Branches Only Paragraph 30 of the Subscriber Agreement for West CD-ROM
Libraries" with WESTLAW Access notwithstanding, this
No communications or offline transmission charges apply. Schedule A Plan 2 shall have a minimum term of 12 months,
4
Additional Terms. Access to D&B Online Service shall be beginning on the date of Subscriber's initial WESTLAW invoice
governed by the Subscriber Agreement except as modified by under this Price Plan. Subscriber may terminate its WESTLAW
the D&B Terms of Agreement("D&B"Terms)which may appear subscription during said 12 months only in the event of material
online or a copy of which will be made available to Subscriber breach by West
from time to time. In the event of a conflict between the
Subscriber Agreement and the D&B Terms, the D&B Terms
shall control.
friOLD%
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4/1/94 1�s 9 4-9391-2/4-94
-- ilk
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Schedule B4 to WESTLAW Subscriber Agreement --
WISTLAW Software Order Form
misissxmawrat
WESTLAW SOFTWARE
Personal Computer Software WQSTMATE• WESTChecke
(complete Scn5on t on reverse side only If wing a LAN) Ot*nhlty Quantity
IUm.and comPsebles for US-OOS / .Slo(s)* / sits(t)•
(stand-mane and LAN) •
IBM end Ccmpatblee tot NMCrosotte WindowsTM sib(a)' griefs)'
(wand-glare and LAN) •
Macintosh* • • ds(sr slte(s)'
Mini Computer Software mown one we. TClsck
(complete Section 2 on revers side) Quantity
DEC VAXSNM$TM sds(s)•
OFFICEPOWEtie **sr
UNIX* VW
Moss vg :fits)'
Other TerminaUCornputer Access Not Ragrpsgng Soriwsrs •
(WESTLINK'or otl;ersoMrare
across,complete Socdon 3 on reveres side)
. For those locations that currently do not h sW Eny Individual passwords.a firm Password wit be Issued for each site license requested herons,
(.mess otherwise rated a
Piers chock 11 apploable:
00 NOT issue any fern rd(e)
- A U'mesa sit wrsonsl oorr�asWs and mNbompdsis(inducing networked sy tea+e)with the was operednp eydanr*dawn at a eve ocation ar
at different bottom Ike ars wraaasd by a Poole networked ratan,A-astworksd system'mew any aoarbirtadon 01 two or men tetmirnls that are
erecvoricoly twutd and caratio of Markle tits use of a sinpls softwraw podwt.A torsion MI Median Moons site and Mil more Warr one Ilcems.
Software order , Agreement(:If Subscriber does not so agree,t3u*scriber must return
Frosse send the WESM.AW Software ordered above for the beefs) the caplet the Warw.ib West and any fee paid will bs refunded•
identified below and enter one subscription to the ordered Saran Sobscri ti
f
•
or each such sae.All crests are subject to sppraystl and aa:epemla W may issue new versions of the orderer!Software born time to
by west M St Paul,tbMxteaota. tire.One copy of any such version issued during the one year uric;!•License Agreement tollowtrrp the slsrive dad of this Schedule 84:ball be provided at no •
Subscriber undo/atande and agrees that the Software,hardtop writ • for each subscription at each site identified Wow.Thereattcr,
new version thereof.Is licensed by West under the WESTLAW Subeater she Pay the tiaenvcw tint ilubsaiPtion foe for each such
Software License Agreement,a copy of which via be enclosed with new version,Chatges are exclusive of sales,use end otter texas,
each copy of the Software,By opening the packer and using she which we the responsbiGly of Subscrber.At least one subscription.is
Software(inducing each new version),Subscriber agrees to be Mulled far each(taes
hound by the terms and conditions of tine accompanybq License
SURSCRIBIiR • Address of Equipment If at Different Locadont
Signature __,__- t • Q .. This boation is Branch Office
Name(please print) Richard B. Helwiir x Main five five
• �,.Main Office
Ilse City Manger _ Firm Name
Firm Name City of Elgin
Addrse$
'Address 150 Dexter Court
Elgin, IL 60120-5555
•
- - .- Contact - -
.;;rc,,L Michael Gehrman • T. plarla
i'3;4 (708) 931-5655
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Ozta_ ,
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n
Agenda Item No.
Co -a )
r
January 19, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: WESTLAW Computer Legal Research Services
PURPOSE
To authorize execution of the contract for WESTLAW computer
legal research services .
BACKGROUND
In the past the Legal Department has utilized WESTLAW, pursu-
ant to an agreement similar to the current proposal although
the service was not utilized in 1994 . The attached agreement
provides terms for the resumption of the service.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The estimated cost of $8, 630 has been included in the Law
Department' s 1995 budget.
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the Council authorize execution of the
contract for WESTLAW computer legal research services .
Resp ctfu lysubmitted,
Erw'n W. entsch
Co Eo.5.Ation Counsel
Richard B. Helwig
City Manager
MRG:mg