The URL can be used to link to this page

Home My WebLink AboutCOM 0360.000 1998-2000 YY OFy OJT ...,1N' Stephen K. Yamashiro u6G4,{ Harry A. Takahashi Mayor : • Director v , S. K. Schulte ~rE •oF NFL Deputy ~ourrtp of ~abuaii DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-8234 Fa>< (808) 961-8298 (.C1 l7 CD O(7 C June 22, 1999 ~ ~ r- T( t? ~ Honorable James Arakaki, Chairperson and Members of the County Council y.:? CD Hawaii County Council ? ~ ~ u-l 25 Aupuni Street ~ Hilo, Hawaii 96720 Re: Resolution for aMulti-Year Agreement Enclosed is a resolution authorizing the Mayor to enter into a three (3) year agreement for an Unlimited Usage Amendment to the Westlaw Subscriber Agreement. This agreement would allow the County to save $225 a month. If there are any questions, please do not hesitate to call the Office of the Prosecuting Att(o~~rney. ~.X f~ Harry A. Ta~l ahashi Director of Finance AP ROVED: tephen K~~~ lnashiro Mayor Enc. Res, nly-99 Comm. No. 3100 File No. ~/N x~f. TD: Fr lief. Date ~U~ 1999 Form R-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: PROSECUTING AT'IbRNEY DATE: 6/21/99 STAFF CONTACT: JAY / NANCY / JUDY PHONE: 961-0466 A. REQUEST: Multi-year (8/01/99 thru 7/31/02) contract for unlimited Westlaw access. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): Current Westlaw useage and Compact Disk subscriptions is $1,425.00 per month for Hilo, Kona and Waimea. The savings of $225 per month ($2,700 annually) we beleive will be extended from the first year of the contract though the rgnaining two years. The excluded databases in the contract (which is attached) have historically never been used by this office so there are no additional charges anticipated. SIGNED: L~~ /1 DATE: 6/21/99 Department- He d ~ SLW_21.1999 11~54f71 N0.302 P_2 rTlVr.rMfTFTI iTRAGF. MFLNDM7CNT TO `¦~°TLAWtg? SCTx4[`it77tER A[-7e72F.t?,iF.N't• Amendment to Westlaw Subscriber Agreement between ]3awsii County Proaernlirig Attorneys ("Subscriber") a~ WEST GROUP ("West") as follows: 1, Effeet oP Amen meet. The underlying WesUaw Subscriber Agreement, including all schedules thereto ("Subscriber Agreement"), between Subscriber and West ie amended as specifically set forth herein to Incorporate the terms of this Amendment. As amended, the Subscriber Agreement shall retnain in ftrll force and effect according to tts terms and conditions. All terms used in ttris Amendment shall have the meanings attributed to them in the Subscriber Agreement. 2. Tssm T rm;naHnn. This Amendment, which is subject to approval and execution by West in St. Paul, Mituresora, shall become effective on August 1, 1999 arrd shall continue in effect until July 31, 2002 (the "Term"). Notwithstaoding the foregoing, this Arne±~!in+Pnt shall terminate simultaneously with terailnation of the Subscriber Agreement. During the Term, Subscriber agrees not m exercise its right to terminate the Subscriber Agreement for any reason other than a material breach by West. The parties agrce to enter into good Caidt negotiations, regarding the farms and conditions of this Amendment, if either party deems there is a material change in Subscriber's organizational structure, including, but not limited to merger, acquisititnts, significant increase in the number of attorneys at a location covered by the Amendment, divestitures or downsizing. 3, iTnlimihad Usage Offer, 3.1 For each month during the Term, Subscriber shall guarantee minlnnrm monthly Westiaw Charges for unlimited Wcatlaw access ("Monthly Guarantee") as set forth below: (a) From August 1, 1999 through July 31, 2000 ("Period 1"), rho Period 1 Monthly Guarantee shall be 51,200; (b) From August 1, 2000 through July 31, 2001 ("Period 2"), the Period 2 Moatirly Guarantee shall be equal to We Period 1 Monthly Guarantee, PLUS one-half (1/2) of Subscriber's actual average Wesdaw Charges, from the initial 11 months of Period 1, that are in excess of the Period 1 Monthly Guarantee; proved, however, the Period 2 Monthly Guarantee shall not exceed $1,440; and (c) From August 1, 2001 through Jury 3I, 2002 ("Period 3"), the Period 3 Month[y Guaranue shad be equal to the Period 2 Monthly Guararee, PLUS one-half (1/2) of Subscriber's actual average Westlaw Charges, from the initial 11 months of Period 2, that are in excess of the Period 2 Monthly Guaramee: Provided, however, the Period 3 Monthly Guarantee shall notexcced $1,730. 3.2 Por purposes of this Amendtnem, Westiaw Charges shall include, except as provided in paragraph 4 herein, charges for use of Combination Databases, Westiaw ~a*+~a~ Dambasea, Allfile Databases, Supez Allftle Databases, Highlights Databases, Basic Databases, Premium Databases, Domestic Communications, Search, Online Citation Checking, PIND, QUOTE, Offiine Transmission, Offiine Automated Citation Checking (via WESTCheck and including Quoteltight), WESTCIip, Images and Monthly Subscription Charges. .7LIN.21.1999 i1~SSRM N0.302 P.3 q, B3%E ..d pent. During the Term, Subscriber shall pay the Monrhly Guarantee, regardless of actual WesUaw usage. All charges associated with the use of BNA Databases (as part of all database classifcadona), Public Records Databases ate Services (including EDGAR, Disclosure Company Index, Law Bulletin Publishing Company Illinois Public Records and Information America Databases and Services), Specialty Databases. EIII Databases (as part of Specialty and Allfile Databases). ERM Databases (as part of Standard a~ Specisiry Databases), DJI on Weatlaw Databases (as part of all database eta sic.. f~o.°'+ons), CCH Databases (as part of all database classifications), WESTClip (continuous frequency) and DIALOG oa Westlaw Databases shall not be included in the Monthly Guarantee and all such charges shall be billed separately to Subscriber ("Excluded Charges"). Excluded Charges shall also include all charges associated with Premier Databases (es part of all database classifications-as databases are added online, refer to the Customer Information Database), Foreign Communications, Courtl.ink, QUICKLAW, Washington Alert, Gateways (pursuant to Schedule Fn, Equipment Charges, WESIYRIN'I' Charges and charges for any third party Weattaw Pasture(s) released during the Term. Wont may, at its option, make certain Westlaw Features and databases Excluded Charges. 5. Subscriber's Offices. This Amendment shall be effective for Subscriber's Hilo, HI and Kealakekua, HI offices. 6. a~,nmrt and Tra:eina. Subsen'ber agrees to actively prornote the effective use of Westlaw during the Term. To this end, Subscriber (with the support of West) will work towatd establishing programs encouraging effective use of Westlaw. ittcludmg, at a minititum: (a) training in the use of Westlaw, at no charge, by West for all new attorneys, librarians, paralegals and other appropriate persotmel; (b) additional ongoing programs presented by West and supported 6y Subscriber to update and train all appropriate peraotvtei to enhance their understanding and use of Weatlaw; and (c) the periodic distribution of memos or other communications by Subscriber to all persomicl encouraging effective use of Westiaw. 7, r'o~t3ality. During the Tetra and thereafter, except as specifically provided herein and/or to the extent reasonably necessary to pertnrm its obligations or exercise its rights hereunder, tteititer party shall provide nor disclose to any third party, unless properly directed of 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 arms 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 otherwix roquired to do so by law, such party shall promptly notify the party whose information is being provided or disclosed. P:W n~PMml~CanncTQaCPfnbRa`/PIIIUP. ¦ JLIN_21.1999 11 ~56RM N0.302 P_4 WEST GROUP SUBSCRIBER gy SS' (signature) Title Nano (please print) Date Title Date Firm Name Business Analyst Verification Subscriber's Address Contact Namc Telephom Number This offer expires Augast 1, 1999 This Amendment, executed by Subscriber, moat be received by Weal in St. Paul, Minnesota ai least 5 business days prior to t>~ effective date of this Amendment. REO 6/21/99 ppp,aiparm0omhaLLtlperdnblbhPPm W ¦ SUN_21.1999 11~56AM N0.302 P.5 6pecial UfFea' Billing Options to ba Completed and Retttrtted with Special Offer UNLFS.S OTHERWISE SPECIFIED, THE FiRM/ORGAIVIZATION WILL RECEIVE ONE MONTHLY INVOICE, A COVERSB'EET SUMMARIZING TOTAL CHARGES FOR ALL LOCATIONS AND A COPY OF EACH LOCATION'S UNADJUSTED USAGE REPORT -ALL MAILED TO THE MAIN OFFICE. Option 1/1 Same as above, but each location will receive a copy of their unadjusted usage report. Option N2 Each office is billed separatety. Any special offer adjuattnents are allocated to the individual location based on their actual asage rhaegea. Maas office is provided with the total of the monthly adjttstments for all of5ces. Option #3 Same as ,Y2, but all docnmenss will be sent to the main office. Option J{4 Same as /t2, but all billing docnn~nta wilt be sent to the main office and an unadjusted usage report will also be sent to each location. Option //5 Each office is billed separately. Any spacial offer adjnsiments are allocated based on a set percentage that you have provided below. Office Optioa //6 Each office is billed separately. Branch ot3"ices are billed for acttal usage. Any adjustment for the special offer is given entirely to the main office. NONE OF THESE OPTIONS ARE REFLECTED ON QUIC]KVIEW. * MAIN OFFICE I3 CONBmERED THE ACCOUNT THAT CARRIES THE MONTHLY SUBSCRIPTION CHARGE. IF ANOTHER OFFICE I3 TO BE 3IJBSTITUTED, PLEASE INDICATE HERE• P.gyy~~ryyYtop. ¦