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HomeMy WebLinkAboutP-20-421 West Publishing Thomson Reuters Agreement.pdf P-20-421 Order Form Order ID: Q-00925290 THOMSON REUTERS Contact your representative paul.vandenberg@thomsonreuters.com with any questions.Thank you. Account Address Shipping Address Billing Address Account#: 10008 03 805 Account#: 1000803805 Account#: 1000803805 FRESNO COUNTY PUBLIC DEFENDER FRESNO COUNTY PUBLIC DEFENDER FRESNO COUNTY PUBLIC DEFENDER 2135 FRESNO ST STE 100 2135 FRESNO ST STE 100 2135 FRESNO ST STE 100 FRESNO CA 93721-1718 US FRESNO CA 93721-1718 US FRESNO,CA 93721-1718 US This Order Form is a legal document between West Publishing Corporation and Subscriber.West Publishing Corporation also means"West","we"or "our"and Subscriber means"you",or 1".Subscription terms,if any,follow the ordering grids below. rroFlex Pro e Attachment fondt. Monthly Minimum Term Year Over Year Service Material Product Increase During Charges (Months) Minimum Term 40757482 WEST PROFLEX $2,698.20 36 3% ProFlex Bridge Service Material Product Bridge Monthly Charges Bridge Term Months 40757482 WEST PROFLEX 1 $2,292.12 1 Bridge T Bridge Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in the calendar month, if any. The Bridge Monthly charges will continue for the number of complete calendar months listed in the Bridge Term column above.At the end of the Bridge Tern,your Monthly Charges and the Minimum Term will be as described in the Product grid above.All other terms and conditions of the Order Form remain unchanged. Online/Practice Solution/Software/ProFlex Products:Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in that calendar month, if any. Your Monthly Charges will continue for the number of complete calendar months listed in the Minimum Tern column above.The percent increases for multi-year orders appear in the Term Increases column above.Subscriber ("you"or"I")is also responsible for all Excluded Charges. Excluded Charges are for accessing Westlaw data or a Practice Solutions service that is not included in your subscription.Excluded Charges may change after at least 30 days written or online notice. For Window Products: Monthly Charges begin on the date we process your order and will continue for the number of complete calendar months in the Minimum Term column above.The percent increases for multi-year orders appear in the Term Increases column above.Monthly Charges are due regardless of the level of your usage. Transactional usage charges that exceed the Monthly Charges are waived up to the Monthly Window amount stated above.In addition to the Monthly Charges you are responsible for transactional usage charges in excess of the Monthly Window. Transactional charges are calculated based upon our then-current Schedule A rates. You are also responsible for all Excluded Charges. Excluded Charges are charges for accessing a service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. To apply Window charges to a specific month,the request must be submitted at least five(5)business days prior to the end of the month. For Online/Practice Solutions/Software/ProFlex Products: At the end of the Minimum Term your Monthly Charges will increase by 7%. Thereafter, the Monthly Charges will increase 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. Automatic Renewal Term for Window Products.At the end of the Minimum Term your Monthly Charges will be billed at up to our then- current rate. Thereafter,we may modify the Monthly Charges if we notify you of a different rate with at least 90 days notice. The Monthly Window will remain unchanged.You are also responsible for all Excluded Charges. Excluded Charges may change after 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. To apply Window charges to a specific month,the request must be submitted at least five(5)business days prior to the end of the month. 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. Pagel of 4 P-20-421 Miscellaneous 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 subscriber and fail to pay your invoiced charges, you are responsible for collection costs including attorneys'fees. 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. Assured Print Pricing,Library Savings Plan,West Complete,Library Maintenance Agreements,ePack,WestPack,Westlaw,CLEAR,Monitor Suite, ProView eBook, Software,West LegalEdcenter, Practice Solutions, TREWS, Peer Monitor and Data Privacy Advisor charges are not refundable.Please see http:Hstatic.legalsolutions.thomsonreuters.com/static/returns-refunds.t)df or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. 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.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 subscriber,United States federal law will apply and any claim may be brought in any federal court. Banded Product Subscriptions You certify the 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 the applicable Quantity column.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 during the Term,we reserve the right to increase your charges as applicable Excluded Charges. If you access 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 at the links below.Excluded Charges may change after at least 30 days written or online notice. http://static.legalsolutions.thomsonreuters.com/static/agreement/p Ian-2-pro-govt-a eg ncies.pdf https:Hstatic.legalsolutions.thomsonreuters.com/static/agreement/schedule-a-concourse-firm-central-caselo ig stix.pdf Renewal Order Governing Agreement.Access to any new or renewal products set forth in this Order Form is governed by the same terms and conditions as your previous order form that contained the product(s)you are renewing Thomson Reuters General Terms and Conditions, apply to all products ordered, except print and is located at https:Hstatic.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms-Conditions.pdf. 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 https:Hstatic.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.pdf 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. 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 htips:Hstatic.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms- Conditions-PST.pdf.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 terns control. •Campus Research •Contract Express •Hosted Practice Solutions •ProView eBooks •Time and Billing •West km Software •West LegalEdcenter •Westlaw •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. Acknowledgement:Order ID:Q-00925290 Digitally signed by GaryCornuelle Cary Orr)U e I I e Date:2020.10.19 14:40:47-07'00' County of Fresno PurchasingManager Signature of Authorized Representative for order Title Page 2 of 4 P-20-421 Gary E. Cornuelle 10/19/2020 Printed Name Date ©2020 West,a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 11/13/2020. AUTHORIZED WEST REPRESENTATIVE Signature: � G() e Printed Name: _Chuck HDlmsterj- Title: Senior SCM Consultant Date: 10/22/2020 Page 3 of 4 P-20-421 Attachment Order ID: Q-00925290 THOMSON REUTERS Contact your representative p au 1.vandenberg@ tho msonreuters.co m with any questions. Thankyou. Payment,Shipping,and ContactInformatio Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:Yau,Cheri Account Number: 1000803805 Email:cyau@co.fresno.ca.us Shipping Information: eBilling Contact Shipping Method:Ground Shipping-U.S.Only Contact Name Cheri Yau Email cyau@co.fresno.ca.us ProFlex Multiple Location Details Account Number Account Name I Account Address Action FRESNO COUNTY PUBLIC 2135 FRESNO ST STE 100 1000803805 DEFENDER FRESNO New CA 93721-1718 US ProFlex Product etas Quantity Unit Service Material# Description 90 Attorneys 42077755 Gvt-Analytical Plus for Government 90 Attorneys 42077751 Gvt-National Primary Core Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name Email Address Customer Type Description Cheri Yau I cyau@fresnocountyca.gov EML PSWD CONTACT Lapsed Products Sub Material Active Subscription to be Lapsed 40757481 West Proflex 42076680 Gvt-National Primary Core 42077754 Gvt-Analytical Plus for Government Page 4 of 4 P-20-421 THOMSON REUTERS Addendum to Thomson Reuters Order Form - Q-00925290 Subscriber: Fresno County Public Defender Account#: 1000803805 1. Effect of Addendum. The underlying General Terms and Conditions and the Order Form (together the "Agreement"), between Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As amended, the Agreement shall remain in full force and effect according to its terms and conditions. All terms used in this Addendum shall have the meanings attributed to them in the Agreement. This Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. In the event there is a conflict between the terms and conditions of the Agreement and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall control 2. Modification to Order Form. The Minimum Term shall be thirty-six (36)months, with two optional renewal terms of twelve (12)months each. The monthly pricing for the initial thirty-six (36)months shall be $ $2,698.20 with 3%YOY for the two option years. Except as expressly provided herein, all other terms and conditions of the West Order Form will remain unchanged. Please have this document executed by an authorized representative of Subscriber and returned to West along with the executed West Order Form. West Publishing Corporation Subscriber Digitally signed by Gary Gar)r�� Cornuelle /' lw Cornuelle Date:2020.10.1914:41:13 d� gned: -07'00'Accepted by: Chuck Holmsten Name(please print) Gary E. Cornuelle Title: Senior SCM Consultant Title: County of Fresno Purchasing Manager Date: 10/22/2020 Date: 10/19/2020