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Home My WebLink AboutCOM 0261.000 2004-2006 J~~V Os N~i Harry Kim ~''y~ William Takaba Minor Director Nancy E. Crawford Depug~ Director yifj O~•M~''M County of Hawaii Finance Department 25 Aupuni Street. Room 118 • I lilo, I lawaii 96720 lsos)yeI-azsa Faxtsoa>eeI-azas RECrwclY ~Imi as fl.y gy et, April 28, 2005 pur.~~l~-_. County Countll Stacy K. Higa, Chairperson and Members of the Hawaii 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 online legal research service subscription for the Office of the Prosecuting Attorney. The current Westlaw subscription ends on July 31, 2005 and they wish to extend it for another five (5) years. If there are any questions, please do not hesitate to call the Office of the Prosecuting Attorney. William Takaba Director of Finance APPROVED: Harry Kim ~ Mayor Enc. cc: Prosecutors .c . a 3-os y Gomm. No.~Zlv~ Rof. To: r~- Ref. Date MAY_~_-?__~5-- Hawai'i County is an Equal Opportunity Provider and Employer Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Prosecuting Attorney DATE: 4/26/05 STAFF CONTACT: Nancy Kelly PHONE: 934-3315 A. REQUEST: To enter into amulti-year agreement with Thompson West for online legal research service. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Office seeks to renew our agreement with Thomson West for Westlaw online legal research. Our current subscriber agreement expires on July 31, 2005. We have negotiated a five year agreement that will provide our legal staff unlimited legal research capability for a set monthly fee. This is the second renewal since our subscriber agreement was initiated in 1999. It has been beneficial to our staff and is far more economical than paying for Westlaw research at an hourly rate. SIGNED: ~ DATE: `~I ~ ~ I S Depar ment Head THOMSON WEST SPECIAL OFFER AMENDMENT TO WESTLAW®SUBSCRIBER AGREEMENT Special Offer Amendment to Westlaw Subscriber Agreement between County of Hawaii -Office of the Prosecuting Attorney ("Subscriber") and West, a Thomson business ("Wes[") as follows: L Effect of Amendment. The underlying Westlaw Subscriber (b) From August 1, 2006 through July 31, 2007 ("Period Agreement, including all schedules [hereto ("Subscriber 2"), the Period 2 Monthly Guarantee shall be $2,379; Agreement"), between Subscriber and West is amended as specifically se[ forth herein to incorporate the terms of this (c) From August 1, 2007 through July 31, 2008 ("Period Amendment. As amended, the Subscriber Agreement shall 3"), the Period 3 Monthly Guarantee shall be $2,498; remain in full force and effect acwrding [o its [etms and conditions. All terms used in this Amendment shall have [he (d) From August 1, 2008 through July 31, 2009 ("Period meanings atvibu[ed to them in the Subscriber Agreement. This 4"), the Period 4 Monthly Guarantee shall be $2,573; Amendment embodies the entire understanding between [he parties with respect to [he subject matter of [his Amendment and (e) From August I, 2009 through July 31, 2010 ("Period supersedes any and all prior understandings and agreements, oral 5"), the Period 5 Monthly Guazan[ee shall be $2,650. or written, relating to the subject matter. In [he event there is a conflict between the terms and conditions of [he Subscriber 3.2 Except as provided in paragraph 3.3 herein, all charges Agreement and [he [etTtts and conditions of this Amendment, the associated with the use of [he following databases, terms and conditions of this Amendment shalt control. Features and services shall be included in the Monthly Guarantee: 2. Term and Termination. This Amendment, which is subject to approval and execution by West in St. Paul, Minnesota, shall Federal Case Law & Judicial Materials, Sta[u[es & become effective on August I, 2005 and shall continue in effect Legislative Materials, Administrative Law & until July 31, 2010 (the "Term"). Notwithstanding the foregoing, Regulations this Amendment shall terminate simultaneously with termination • Stale Case Law & Judicial Materials, Statutes & of the Subscriber Agreement. During the Term, Subscriber agrees Legislative Materials, Administrative Law & not to exercise its right to terminate [he Subscriber Agreement for Regulations any reason other than a material breach by West. The parties • Selected Practice-Area Materials agree to enter into good faith negotiations regarding [he terms and • Legal Texts, Periodicals and Miscellaneous conditions of this Amendment, if either party deems there is a Materials material change in Subscriber's organizational structure, Law Reviews & Journals including, but not limited to merger, acquisitions, significant ALR Database increase in [he number of attorneys al a location covered by [he AmJur 2d Databases (excluding Forms, Proof of Amendment, divestitures or downsizing. In the even[ Subscriber Facts, Trials and Pleading & Practice) does no[ execute a superoeding amendment at least 15 days prior . public Records Databases and Services (including to the end of [he Term, West shall bill Subscriber for its Westlaw EDGAR, Disclosure Company Index, Westlaw usage, at then-current Schedule A Plan 2 Government Service public Records Databases and Services and People rates effective on the first day following [he end of [he Term, Finder) continuing thereafter until a superceding Amendment is executed Online Citation Checking (including KeyCi[e) by the parties. • Offline Transmission • Alert Services (WESTCIip and KeyCite Alert) 3. SnecialOffer. • Offline Automated Citation Checking (via 3.1 For each month during [he Term, Subscriber shall WESTCheck and including QuoteRigh[) guarantee minimum monthly Westlaw Charges, regardless of actual Westlaw usage, for Subscriber's 3.3 All charges associated with [he use of the following Westlaw access ("Monthly Guarantee") as set forth databases, Features and services (as part of all database below: classifications) shall NOT be included in the Monthly Guarantee and shall be billed in addition to the Monthly (a) From August I, 2005 through July 31, 2006 ("Period Guarantee at then-current Schedule A Plan 2 rates 1 the Period 1 Monthly Guarantee shall be $2,266; ("Excluded Charges"): P ~9~+PS~acU\coMrxY4pecWrsbfleM2 • Alert Services (WESTCIip and KeyCi[e Alert 5. Cootidemtielity. During the Term and thereafter, except as continuous frequency) specifically provided herein and/or [o the extent reasonably • BNA Databases necessary to perform its obligations or exercise its rights • Company Profiles Database hereunder, neither party shall provide nor disclose to any third e DIALOG on Westlaw Databases party, unless properly directed or ordered [o do so by public • Dossier Databases authority or otherwise required to do so by law, any information • Dun & Bradstreet products, Credit Bureau Header, or matter that (i) constitutes or concerns the terms and conditions Criminal Records Databases, Driver License of this Amendment, or (ii) regards any dealings or negotiations Citation Reports, Real Property Reports, product between the parties relating [o this Amendment. If either party is surcharges and document delivery services directed or ordered to provide or disclose any information or • Enflex Databases matter by public authority or otherwise required to do so by law, NewsRoom Library Databases such party shall promptly notify the party whose information is • PDF Charges (including, but no[ limited to Investext, being provided or disclosed. • A[[omey Medical Advantage, Patent Image, Briefs West, a Thomsom business and WestDockets) • Profiler Databases B • Premier Databases y • Specialty Databases Title • WestDocke[s • West Reporter Images Dale • Charges for any third party Westlaw Feature(s) released during the Term Business Analyst Verification 3.4 West may, at its option, make certain databases Features and services Excluded Charges if West is contractually Subscriber bound or otherwise required [o do so by a Contributor of Data or if [he databases, Features or services are By (siena[ure) enhanced or released after [he effective date of this Amendment. Name (please orin[1 4. Sumoort and Trainine. Subscriber agrees [o actively Title promote the effective use of Westlaw during [he Tern. To this end, Subscriber (with [he support of West) will work toward Dale establishing programs encouraging effective use of Westlaw, including, at a minimum: Firm Name (a) [raining in the use of Westlaw, at no charge, by West for Subscriber's Address all new attorneys, librarians, paralegals and other appropriate personnel; (b) additional ongoing programs presented by West and Contact Name supported by Subscriber to update and train all appropriate personnel to enhance their understanding and Telephone Number use of Westlaw; and (c) the periodic distribution of memos or other This offer expires July 1, 2005 communications by Subscriber to all personnel encouraging effective use of Westlaw. This Amendment, executed by Subscriber, must be received by West in St. Paul, Minnesota at least 5 business days prior to the effective date of this Amendment. REG 3/l7/OS p:~grouoa~mconvact~sP~~%wrenaz Special Offer Billing Options Only applicable to Subscriber's with multiple locations and must be completed and returned with the Special Otfer Amendment UNLESS OTHERWISE SPECIFIED, THE SUBSCRIBER FIRM/ORGANIZATION 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/Organiza[ion 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 bascd on ihci: actual usage charges. Altema[ive #3 An invoice and location usage report will be created for each office, allocating special offer adjustments [o individual accounts based on [heir actual usage charges, however each account invoice and associated location usage reports will be independently mailed [o the account noted below rather than [o the invoiced account location. Mail [o Account: Alternative #4 Subscriber's current billing arrangement should remain unchanged. PLEASE NOTE: THESE BILLING ARRANGEMENTS DO NOT AFFECT QUICKVIEW+, p \9mupslacct\conVecl\apecafrsbrleMY