The URL can be used to link to this page

Home My WebLink AboutContract 47666 DocuSign Envelope ID:7DC6F798-CEE8-4B7F-B416-9AEECBF422D7 CY SECRETA COWUCTNO..AlItf �.. x Wolters Kluwer Wolters Kluwer Legal&Regulatory Solutions US Quote/Order Confirmation Customer:City Attorney's Office Texas Sales Person:Andy Rackauskas Contact:Tracey McVay Phone:773-866-3434 Phone:(817)392-7623 Email:andy.rackauskas@wolterskluwer.com Email:tracey.mcvay@fortworthtexas.gov Quote/Order Confirmation#Q-00033479 Address: 1000 Throckmorton St. Fort Worth,Texas 76102 Quote Expiration Date: 3/25/2016 United States Initial Term: Initial Subscription Cost: 3/1/2016 to 2/28/2017 $ 1,445.00 Price does not include shipping,handling or applicable sales tax Product Information(for subscriptions,prices below are expressed as annual prices) Product Name Product Code List Price %Disc Unit Price Qty Price SECTION 1983 LIBRARY 10038464 1,700.00000 is.00/ $1,445.00 1 $1,445.00 CHEETAH (3r) EOFFICIALRE `� t:"3-82x116 CRRT - DocuSign Envelope ID:7DC6F798-CEE8-4B7F-B416-9AEECBF422D7 Walters Kluwer We are pleased to provide you with this quote for the Wolters Kluwer product(s)listed above.To place an order for the product(s),all you need to do is review the information provided and accept the terms where indicated below.Thank you! Terms&Conditions By placing an order for the product(s) listed above,you agree to acquire the products(s)and this Quote and Order Form will then, upon acceptance by us,constitute the agreement(this"Agreement")between CCH Incorporated("CCH")and the Customer listed above to acquire the product(s)at the price listed above,plus applicable taxes,shipping and handling charges,and payment plan surcharges,and subject to the terms and conditions provided for in this Quote and Order Form.The product(s)being acquired under this Quote and Order Form are subscription products:Pursuant to this Agreement,CCH will provide the products for the subscription period listed.If a maximum number of users is designated,use of the product(s)is so limited.Customer agrees to pay to CCH the full amount of all monies due under this Agreement in the manner consistent with the terms provided and be responsible for all applicable sales,use,and any other applicable transaction taxes as may arise in connection with this Agreement, under laws in effect at the time of purchase and with respect to subscription products during the subscription term. Additional terms and conditions apply to your acquisition and use of the product(s).These terms and conditions can be accessed at the following URL http://www.wkiawbusiness.com/CPQ/Product-Platform-Terms-of- Use-SAP To the extent of any conflict between this Agreement and the additional terms and conditions,this Agreement will control.EXCEPT TO THE EXTENT EXPRESSLY STATED IN SUCH TERMS AND CONDITIONS,CCH EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT(S)LISTED ABOVE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.CCH further expressly disclaim and reject any terms and conditions set forth in any order or other document submitted by Customer. Non-Renewing Subscription:You have elected NOT to enroll this product(s)in our Automatic Subscription Renewal Program.As such,at the end of the subscription term,you will lose access to updated content until you renew.We may contact you prior to the end of your term about renewing.In order to ensure uninterrupted service to your subscription and to stay current,an auto-renewal option is available. Information on this service is available here:http://www.wkiawbusiness.com/CPQ/Product-Platform-Terms-of-Use-SAP.Contact your sales representative if you would like to enroll. By signing and/or submitting this Quote and Order Form,Customer agrees to the terms of this Agreement.The individual signing and/or submitting this document also represents that he/she is authorized to do so on behalf of the Customer named above. heti ��-- Signature APPROVED AS TO rORM AND LEUALITY: ASSISTANT CITY ATTORNEY 2 FORT WORTH ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CCH INCORPORATED Title of Agreement: Quote/Order Confirmation document(the "Agreement") Name of Vendor: CCH Incorporated Agreement Number: Quote number Q-00033479 Term of Agreement: 3/1/2016 through 2/28/2017 Notwithstanding any language to the contrary in the Agreement presented by CCH Incorporated ("Vendor") for the subscription to the Section 1983 Library on the Cheetah electronic research platform for the subscription term indicated above ("services"), the City of Fort Worth ("City") and Contractor (collectively the "parties") hereby stipulate by evidence of execution of this Addendum ("Addendum") below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Indemnity: To the extent the Agreement requires the City to indemnify or hold Contractor or any third party harmless from damages of any kind or character, the City objects to these terms and any such terms are hereby deemed deleted from the Agreement and shall have no force or effect. 2. Attorneys' Fees, Penalties,and Liquidated Damages: To the extent the Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, the City objects to these terms and any such terms are hereby deemed deleted from the Agreement and shall have no force or effect. 3. Law and Venue: This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, the City objects to such terms and any such terms are hereby deemed deleted from this Agreement and shall have no force or effect. 4. Sovereign Immunity: Nothing herein constitutes a waiver of the City's sovereign immunity. To the extent the Agreement requires the City to waive its rights or immunities as a government entity, such provisions are hereby deemed deleted and shall have no force or effect. 5. No Debt: In compliance with Article I I § 5 of the Texas Constitution, it is understood and agreed that all obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, the City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 6. Confidential Information: The City is a government entity under the laws of the State of Texas and all documents held or maintained by the City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that the City maintain records in violation of the Act, the City hereby objects to such provisions and such provisions are hereby deemed deleted from the Agreement and shall have no force or effect. 7. Addendum Controlling: If any provisions of the Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of the City,the terms in this Addendum shall control. 8. Fiscal Funding Limitation: In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under the Agreement, then the City will immediately notify Contractor of such occurrence and the Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. This Addendum may be executed in counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together constitute one and the same instrument and agreement. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file (pdf) or similar image) shall be deemed to be an original signature hereto. Executed this the 8th day of April,2016. CITY OF FORT WORTH: CCH Incorporated By: 1.89/i.,--- By: Name:15LkSAN ALA 1 5 Nancy Warner Assistant City Manager Sr.Compliance &Process Specialist, Wolters Kluwer Legal&Regulatory U.S. Date: !*Aha Date:4/8/16 ATTEST: CFW/Form Addendum Page 2 of 3 VF z. By: $ X ity s 0 APPROVED As TO FORM GALITY: OF Y Guillermo (Will) Trevino Assistant City Attorney Contract Authorization: M&C:Not Required Date Approved: N/A Fb�rn IZyS .' N�tRe�UY'e� CFW/Form Addendum Page 3 of 3 pF�IC1AL RECORD CITY SECRETARY FT.WORTH,TX