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Home My WebLink AboutCOM 0625.000 2000-2002 J¢:tr.OS h Harry Kim v.'•' ~ \~~~'1. William Takaba Mayor Director r Nancy E. Crawford ahs. .a `°i*~~ Deputy Director 4th Of•NP.86 County of Hav~aii ; Finance Department 2~ Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808)961-8234 • Fax (808)961-8248 i May 1, 2002 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution for multi-year subscription agreement Enclosed is a resolution authorizing the payment of funds for more than one fiscal year for the Westlaw subscription for the Office of the Prosecuting Attorney. Access to Westlaw is necessary for their trial preparation. fihe current Westlaw subscription ends on July 31, 2002 and they wish to extend it for another 3 years. If there are any questions, please do not hesitate to call the Office of the Prosecuting Attorney. William Ta aba Director of Finance APPROVED: L~ Harr Mayor Enc. cc: Prosecuting Attorney File N®e Ref: Ta: 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: PROSECUTING ATTORNEY DATE: 5/01/02 STAFF CONTACT: Nancy Kelly / Judy Rossettii pgy0flyE; 934-3315/934-3369 A. REQUEST• Multi-year contract approval for Westlaw subscription. B. BACICGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): Please see attached copy of contract. Access to Westlaw is necessary for trial preparation and they are providing additional laatabases which will allow us to discontinue corrisponding subscriptions which will save money. SIGNED: ~ 5/01/02 DATE: "Department Head W~sw SPECIAL OFFER AMENDMENT TO WESTLA`3'® SUPSCRIBER AGREEMENT Special Offer Amendment to Westlaw Subscriber Agreement between County of I°Iawaii -Office of the Prosecuting Attorney ("Subscriber") and VVE5T GROUP ("West") as follows: 1. Effect of Amendment. The underlying Westlaw (b) From August 1, 2003 through July 31, 2004 Subscriber Agreement, including all schedules thereto ("Period 2"), the Period 2 Monthly Guarantee ("Subscriber Agreement"), between Subscriber and West is shall be $1,925. amended as specifically set forth herein to incorporate the terms of this Amendment. As amended, the Subscriber (c) From August 1, 2004 through July 31, 2005 Agreement shall remain in full force and effect according to its ("Period 3 the Period 3 Monthly Guarantee terms and conditions. All terms used in this Amendment shall shall be $2,118. have the meanings attributed to them in the Subscriber Agreement. This Amendment embodies the entire 3.2 Except as provided in pazagraph 3.3 herein, all understanding between the parties with respect to the subject chazges associated with the use of the following matter of this Amendment and supersedes any and all prior databases, Features and services shall be included in understandings and agreements, oral or written, relating to the the Monthly Guarantee: subject matter. • Combination Databases 2. Term and Termination. This Amendment, which is • Westlaw Standard Databases subject to approval and execution by West in St. Paul, • Allfile Databases Minnesota, shall become effective on August 1, 2002 and shall • Super Allfile Databases continue in effect until July 31, 2005 (the "Term"). • Highlights Databases Notwithstanding the foregoing, this Amendment shall terminate • Basic Databases simultaneously with termination of the Subscriber Agreement. • Premium Databases During the Term, Subscriber agrees not to exercise its right to • Multi-Search Databases terminate the Subscriber Agreement for any reason other than • ALR Database a material breach by West. The parties agree to enter into • AmJur 2d Databases (excluding Forms, Proof of good faith negotiations, regarding the terms and conditions of Facts, and Trials) this Amendment, if either parry deems there is a material • Domestic Communications change in Subscriber's organizational structure, including, but • Search not limited to merger, acquisitions, significant increase in the • Online Citation Checking number of attorneys at a location covered by the Amendment, • FIND divestitures or downsizing. In the event Subscriber does not • QUOTE execute a superceding amendment at least 15 days prior to the • Offline Transmission end of the Term, West shall bill Subscriber for its Westlaw • Offline Automated Citation Checking (via usage, at then-current Schedule A Plan 2 Government Service WESTCheck and including QuoteRight) rates effective on the first day following the end of the Term, • Alert Services (WESTCIip and KeyCite Alert) continuing thereafter until a superceding Amendment is • Images executed by the parties. • Monthly Subscription Chazges 3. S~eeial Offer. 3.3 All charges associated with the use of the following databases, Features and services (as part of all 3.1 For each month during the Term, Subscriber shall database classifications) shall NOT be included in the guarantee minimum monthly Westlaw Charges, Monthly Guarantee and shall be billed in addition to regardless of actual Westlaw usage, for unlimited the Monthly Guarantee ("Excluded Chazges"): Westlaw access ("Monthly Guazantee") as set forth below: • Alert Services (WESTCIip and KeyCite Alert continuous frequency) (a) From August 1, 2002 through July 31, 2003 • BNA Databases ("Period 1 the Period 1 Monthly Guarantee • DJI on Westlaw Databases shall be $1,750; • Company Profiles Database • WestDockets • DIALOG on Westlaw Databases p:lgroups\acctlcontractlspecofrsloffer\02 • Dossier Databases WEST GROUP • EIU Databases • Enflex Databases By _ • PeopleCite Databases • Premier Databases Title • Public Records Databases and Services (including EDGAR, Disclosure Company Index, Law Date Bulletin Publishing Company Illinois Public Records and Westlaw Public Records Databases and Services) Business Analyst Verification • Specialty Databases SUBSCRIBER 3.4 West may, at its option, make certain databases Features and services Excluded Chazges if West is By (signature) contractually bound or otherwise required to do so by a Contributor of Data or if the databases, Features or Name (please print) services are enhanced or released after the effective date of this Amendment. Title 4. Support and Training. Subscriber agrees to actively Date promote the effective use of Westlaw during the Term. To this end, Subscriber (with the support of West) will work toward Firm Name establishing programs encouraging effective use of Westlaw, including, at a minimum: Subscriber's Address (a) training in the use of Westlaw, at no chazge, by West for all new attorneys, librarians, paralegals and other appropriate personnel; Contact Name (b) additional ongoing programs presented by West and Telephone Number supported by Subscriber to update and train all appropriate personnel to enhance their understanding and use of Westlaw; and This offer expires May 15, 2002 (c) the periodic distribution of memos or other This Amendment, executed by Subscriber, must be received by communications by Subscriber to all personnel West in St. Paul, Minnesota at least 5 business days prior to encouraging effective use of Westlaw. the effective date of this Amendment. 5. Con4identiality. During the Term and thereafter, except REG as specifically provided herein and/or to the extent reasonably 3/28/02 necessary to perform its obligations or exercise its rights hereunder, neither party shall provide nor disclose to any third party, unless properly directed or ordered to do so by public authority or otherwise required to do so by law, any information or matter that (i) constitutes or concerns the terms and conditions of this Amendment, or (ii) regards any dealings or negotiations between the parties relating to this Amendment. If either party is directed or ordered to provide or disclose any information or matter by public authority or otherwise required to do so by law, such party shall promptly notify the party whose information is being provided or disclosed. p:\groups\acct\contractlspecofrsloffer102 Special Offer Billing Options Must be Completed and Returned with Contract for Processing UNLESS OTHERWISE SPECIFIED, THE SUBSCRIBER FIRM/ORGAI~TIZATION WILL RECEIVE ONE COMBINED MONTHLY INVOICE AND A COPY OF EACH PARTICIPATING ACCOUNT'S LOCATION USAGE REPORTS -ALL MAILED TO THE PAYER ACCOUNT OFFICE. Alternative # 1 Firm/Organization will receive one combined monthly invoice and a copy of each participating account's location usage reports mailed to the Payer account office. In addition, each participating account will receive a copy of its own location usage reports. Alternative #2 Each account will be billed separately, each receiving an invoice and a location usage report. Special offer adjustments will be allocated to the individual accounts based on their actual usage charges. Alternative #3 An invoice and location usage report will be created for each office, allocating special offer adjustments to individual accounts based on their actual usage charges, however each account invoice and associated location usage reports will be independently mailed to the account noted below rather than to the invoiced account location. Mail to Account: PLEASE NOTE: THESE BILLING ARRANGEMENTS DO NOT AFFECT QUICKVIEW+. p:\groupslacctlcon4ract\specofrs\offer\02