HomeMy WebLinkAboutContract 56083 CSC No.56083
Order Form Order ID: Q-01 133184
T PyS s 7 R
Contact your representative Cody miller a thomsozreuters.com with any questions.Thant:you.
.Sold To Account Address Shipping Address Billing Address
Account#: 1000911128 Account it:1000811128 Account#: 1000811128
FORT WORTH CITY ATTORNEY FORT WORTH CITY ATTORNEY FORT WORTH CITY ATTORNEY
TRACEY MCVAY TRACEY MCVAY TRACEY MCVAY
200 TEXAS STREET 1 200 TEXAS STREET 200 TEXAS STREET
FORT WORTH TX 76102-6312 US FORT WORTH TX 76102-6312 US FORT WORTH.TX 76102-6312 US
.:Customer„
This Order Form is a legal document between West Publishing Corporation and Customer.West Publishing Corporation also means"VIrest',`-we"or
"our"and Customer means"Subscriber",-you".or`17% Subscription terns,if any..follow the ordering grids below,
ProFlex Products
See Attachment for details
Material# Product Monthly Charges Minimum Terms
Tonths
40757482 West Proflex $2.647.77 60
Bridge Products
t aterial# Product QuanKty L nit Bridge Monthly Bridge Term
Char es (1lonths
40757482 West Proflex 1 Each $0.00 5
s ... .
Bridge Ivlontlnly Charges begin on the date we process your order and still be prorated for the number of days remaining in the
calendar month. if any. The Bridge Monthly charges trill continue for the number of complete calendar months listed in the
Bridge Term column above. At the end of the Bridge Terns,your Monthly Charges and the Minimum Term will be as described in
the Product and above. All other teams and conditions of the Order Form remain unchanged.
Minimum Terms;
Your subscription is effective upon the date we process your order("Effective Date")and Monthly Charges will be prorated for the number of
days remaining in that month, if any. Your subscription will continue for the number of months listed in the Minimum Tern colunm above
counting fiorn the first day of the month following the Effective Date. Your Monthly Charges during the first twelve(12)months of the Mi ninnunn
Term are as set forth above..If your Minimum Tern is longer than 12 months,then your Monthly Charges for each year of the'.Minimum Term
are displayed in the Attachmment to due Order Form.You are also responsible for all Excluded Charges as defined below.
Post r ' `mum Terms
At the end of the Minimum Tenn,your Monthly Charges will increase by 7% Thereafter,the Monthly Charges will increase 7%every 12 months
unless the 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 its may cancel the Post Minimum Tenn subscription by sending at
least 60 days written notice.Send your notice of cancellation to Customer Service,610 Oppernan Drive,P.O.Box 64833.Eagan,MN 55123-
1803.
Federal Government Subscribers Optional Minimum Term.Federal government subscribers that chose a multi-year Minimum Terms.those
additional months will be implemented at your option pursuant to federal late.
Banded Product Subscriptions You certify your 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 this Order Form. . Out pricing for banded
products is made in reliance upon your certification.If the learn that the actual number is greater or increases at any time,the reserve the right to
increase your charges as applicable
llfiscellaneous
Thomson Reuters General Terms and Conditions, apply to all products ordered including ebooks, and is located at
htttrs:'r'static.leaalsolutioms.thomsorrecrters.connistatic!TlnonnsornReuters-General-Terns-Candrtrons.pdf. In the event that there is a conflict of
terms between the General Tennis and Conditions and this Order Forum.the terns 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
htt�s:`staticlegalsohrtions.thonuozreuters.coruL'static;Federal-TloznaonReuters-General-Temms-Conditions.tmdf In the event that there is a conflict
of terms between the General Tenns and Conditions and this;Order Form the terms of this Order Form control.This Order Foam is subject to our
approval.
Applicable Law.If you are a state or local governmental entity..your state's late'-,vill apply and any claim may be brought in the state or federal
courts located in your state. If you are a non-governmuental entity.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 Customer.United States
federal law will apply and any claim may be brought in any federal court.
Page 1 of 3
Charges.Payments&Taxes. I'oil agree to pay all charges in fiill 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 customer and fail to pay your invoiced charges,you
are responsible for collection costs including attorneys'fees.
Excluded Charges And Schedule A Rates.If your access products or 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 in the below link Excluded Charges may change front tune-to-tune upon 30 clays written or online notice,
We may,at our option,make certain product-,and services Excluded Charges if we are contractually bound or otherwise required to do so by a
third patty provider or if products or services are enhanced or if new product-,or services are released after the effective date of this ordering
document. Modification of Excluded Charges or Schedule A rites is not a basis for ternimation,under paragraph 10 of the General Terms and
Conditions.
effilling Contact. All invoices for this account will be entailed to your e-Billing Contacts)unless y that-,,on would like to be
exempt front e-Billing. oil have notified us -
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&om you to consider your request.
Returns and Refunds.You may return a print product to us v6thin 45 days of the original shipment date if you are not completely satisfied.
Please see or contact Customer Service at 1-800-328-4880 for additional
details regarding our policies on returns and rciunds.
Product Specific Terms.The following products have specific term-which are incorporated by reference and made part of this Order Form if
they apply to your order.They call be founclat htrps:h-,.tatic.legalsolutio th ns 0111"ourcutelcoill static
PST.Udf.If the product is not part of your order,the product specific terms do not apply.If them is a conflict between product specific terms and
the Order Form,the product specific terms control.
*Campus Research
*Contract Express
-Hosted Practice Solutions
#ProView eBooks
-Time and Billing
-West kin Soffivare
-West LegalEcicenter
*Westlaw
&Westlaw Doc&Form Builder
*Westlaw Paralegal
*Westlaw Patron Access
*Westlaw Public Records
Additional OrderFoirm Terms and Conditions
Government Non Availability of Funds for Online.Practice Solutions orSoffivare groducts
You may cancel a product or service with at least 60 days written notice if you do not receive sufficient appropriation of fluids. Your notice must
include an official docuntent,(e.g., executive order,an officially printed budget or other official goverautent 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 TD;Q-01 133194
114 Deputy City Manager
Signature of Authorized Representative for order Title
Jay Chapa 07/21/21
Printed Name Date
2021 West,a Thomson Reuters business. All rights reserved.
This Order Form will expire and will not be accepted after 6/25:102 1.
West,a Th 0 t rs business
SignedMo .
Name LVda A B�i'rtoii
Title SSCMC OFFICIAL RECORD
Date 6/2_4/2 1
CITY SECRETARY
FT. WORTH, TX
Page'of 3
Attachment Order ID: Q-01133184
:HCkA,SO'N' R-1 i E P S
Contact your representative cody.miIIcr::athoinsoureuters.com with any questions.Thunk
you.
Payment,Shipping,and Contact Information
Payment Method: Payment,
Confirmation Contact(928)
Payment Method:Bill to Account Contact Name:McVay,Tracey
AccotnxtNuniber:1000811128 Entail:traceymcvay`i fomvorthtexas.bov
SA ID:TX CALIR MSA-WEST DIR-LGL-CALIR-02(TXMS) -
eBilling Contact
Shipping Infor rnation: Contact Nance Tracey McVay
Slipping Method:Ground Slipping-U.S.Only Email Tacey mevav�fort"worthtexas.gov
Pro ex Multiple Location Details
Account Number Account Name Account Address Action
FORT WORTH CITY 200 TEXAS STREET
1000811128 ATTORNEY FORT WORTH New
TX 76102-6312 US
Proflex Product Details
Quantity Unit Service Material# Description
1 Each 40757482 West Proflex
35 Attorneys 42077755 Gvt-Analvtical Plus for Government
35 Attorneys 42510228 Gvt-Westlaw Edaer"I National Primary
35 Attorneys 41935298 Gvt PeopleMap Prenner And Company Investigator For Govermuent
(Westlaw PRO
35 Attorneys 41933475 Gvt Litigation For Govermuent(Westlaw PROTsr)
35 Attorneys 4I974282 Gvt Drafting Assistant For Government(Westlaw PROTm)
35 Attorneys 42566958 Gvt-WL4G O'Connor's(WestlawPROTNq
35 Attorneys 41933492 GVT Practical Law For Govertrment(Westlaw PROT'r)
Account Contacts
Account Contact Account Contact Account Contact Account Contact
First Name Last Name Email Address Customer Type Description
Tracer McVay trace .mcva �.fomvortlitexas.aov EML PSWD CONTACT
Charges Durin Minimum Term
Year 1 o Year 2 a Year 3 Year 4 Year 5
Material Fo incr fo incr 4'o incr ?/o incr
PYoduct Name Monthly Monthly 'Manthlti Monthly Mondth
# Charges 4 r 1-2 Charges I r 2-3 Charges Yr 3-4 Charges Yr 4-5� � g rges Charges
40757482 West Proflex $2,647.77 1.00% $2M4.25 1 1.00% $2700,99 1,00% $2728.04 1 1 00% $2755 28
Charges During Minimum Term
Pricing is displayed only for the years included in the Minimum Ternt.Years without pricing in above grid are not included in the ivlunhuunn Term.
Refer to your Order Fonn for the Post Minintunn Ternn pricing.
Pase 3 of 3
Account Validation and Certification(AVC)Form
Wcstlaw and CLEAR IGovernincta)t
-,P 7- -.7 7
Subscriber Information
Account Number(il'applicable) I GoQtlj 118
mull t-eaalNuniciEntav 0 Cit% f Fort Wori h.C it vA Ito racy's Office—
it%
Business Unit/Dept/Aacnc%
-Hicapplicant's address below is(please check one}: 13/LC--�1n.1c1ci"I�Llcatl 1, 0 a.Residence(i.e,a home ha4ed ralsi lies,i
200 TEXAS STREET
Street Address
City FORT WORTI I
counti-v(d,not US) U�S
State —Zip-,76101 6V ------
110ain Orri,anization Telephone 817 392 7600 ------Location/CoruacE/Ext Telephoric-A 17 i2-) 70?',fTrncek McVqv)
Cell Plione(ifno land line available) Address :ram.Wetisitt -------------—------------- ❑ Check here i 1*110 websi te avail
West prodUCiS have implemented Multi Factor Authentication and in order to access the public records products you Must SuPPIN'a valid External IP Address or If'
Ranse bclonain2 to your or2anization that niects the following requirements:
• IP Addresses assj2ncd I ojurisd ict ions outside the United States or West approved U.S.Territories are prohibited
• IP Addresses will not be accepted trorn the following ranges which are reserved by the Internet Assigned Numbers Authority for special use or private
net%korks. I 0,0,0.O 10 255.25fi-2-35, 1217.0.0.0 1 27,255,2ii 255, 1172.16.0.0 172.31.253,255, 1927168-0 0 192,168.2i5.255, 169 254 0,0-
169-254,25i 2i5,
• All il'addresses must he IPv4 addresses.
If you do no,know your External!P addiess(cs),try the followine;
* Contact your network adruiaxiszration,hrewall or security(call)
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Go to the lollowing URL in your browser:hitpWtools%0165 oCt/yOUrip/or httptlfttvtvv.vtlratisatyip. oak to identify your e0crnal IP address NOTE It'you have
nwhipic Waddrcsscs,this tool will only detect one tP address)
Internet Service Provider Name-. Lumen
IP Address: 209.194.29.100-, I74.47Ai4A00: 204.10.90.100; 204.10.91.100
IP Address Flange:
Bcainnin2 IP Address:— -Ending If'Address.
Be2innina,IP Address:_ --.—Endinell?Address:
ALL REQUESTED INFORMATIONAMSTBE PROWDED OR YOUR ORDER MAYSEDELA YED OR PRODVE77'ACCESS LIMITED
SUBSCRIBER INFORMATION
Select Type of Government Select Type of Academic Intitatiot
r-1 US Federal M Privately Funded Academic'nstinnion(non government funded)
C3 L'S State M Gowninarin Funded Academic Institution
US Local
❑ Tribal Government
❑ Othrr GovernintriL
DALTA USE INFORMATION
Do your end users have arrest ions ers? Yes
Will you be using the product in relation to the collection of consumer debt(i.e.,financial obligations afar consumer relating to V
-0 0 , Yes
transaction for personal.family,or household purpose)?
Will you have end users at any location other than listed above?
cx No ❑ Yes,
Yves,please attach a completed A ddtaidurn to ACCOUnt Validation and Certification Form 11nlnpl,-Locations.
Are you requesting-unmasked data"or full display of full Security Numbers,full Date of Birth andlor Driver's License inft;ntation?
f
I a completed Addendum to Account Val idation and Certification Form UnjwLsked Data Request
Will you be using the product,in whole or part,for any consumer initiated application in order to determine and individual's
c, Yes
ell ability for employment,credit,housing,insurance for personal,family,household or government benefit related purposes.
It you=rc using World Check data in order to screen an individual, either in their individual capacity or in relation to a business, to
t rld Agreed Na
determine%k herba to enter into it business relationship,you understand and agree that you Must direct yGur search stnhjcct it)Elie%\,o
dwck I
i
Describe in detail your purposehise case for using this product.Ieeal research,and civil or criminal arbitral legal proceedings
I
PERMISSIBLE USE SELECTIONS
Permissible Use under Gramm Leitch Wilry Act
%"our usecifeertain consumer data%A ifluntheproduct is I inined by the US Gratin"Leach Bliley Act(15 U.S.C.6801 et,seq.). it)order to access this data,you cousl indicate
your ptrinigsibic rise(-.)below If you do not have a permissible use,you Must select tile-no permissible use"option.
❑ You certify there is no permissible use
M For use by a person holding a legal or beneficial interest relating to the consumer.
13 For use in complying%Nith federal,state,or local la%\s,rules,and other applicable legal requirements.
13 For use as necessary to effect,administer,or enforce a transaction requested or authorized by the consumer.
❑ For use ul complying%Nith a proptirly authorized civil,criminal,or regulatory investigation,subpoena,or suninions by federal,state,or local atulwFities,
For use In protect against or prevent actual or potential fraud,unauthorized transactions,claims,or officr liability.
❑ For use by any Lai\Enforceinern Agency,self regulatory organizations or Baran investigation on a matter related to public salaty-
❑ To persons acting in a fiduciary or representative capacity oil behill fol'the consumer
❑ For required institutional risk control or for resolv ing consurnerdisputes or inquiries.
❑ With the consent or at the direction ofthtconsurner.
Permissible Use under Drivers Privacy Protection Act
Your use of certain driver's record and vehicle data is linitted by tilt U.S.Drivers privacy Protection Act(18 U.S.0 §27-11 el seq).!it order to access this data,you ruLat
indicate your permissible uses)below. IfVOLI do not have a permissible use,you must select the"no permissible use-option,
You certify there is no permissible use.
❑ For official use by a Court.Law Enforcement Agency or other Goverciruent agency.
❑ Tel verify or correct information provided to you by a person in order to prevent liaud,pursue legal remedies or recover a debr.,skip tracing.
❑ For use in connection viith a civil,criminal or arbitral le.-31 Proccedirnt orlezal research
D For use in connection%%iti all insurance claims investittation or insurance antifraud activities,
NEXT STEPS
* Tht inibiniation provided on ill is AVC form will be revieved by our internal cledenlialin.-ream and,ifrequircd,oil onsite inspection"M be conducted by ThomsonReuters authorized third party,To coord inate the onsite inspec tion,the third Party%\III contact you directly to arrange convenient day and time for the visit La%S
enforcement agencies arid federal and state government agencies are not required to complete all onsite inspection,
* The inspector tlill seek to verify,anion-2 other things,the physical,technical and/or administrative safeguards in place to keep Thomson Reuters data sate and
confidential
* The onsite inspection will last approximately 30 minutes,dl.lrinl!WhiCh tulle the inspector\%ill ask certain questions and gather observations Intended to validate the
infortrialion provided oil this AVC Forrrc. Ili addition,as IS CLISE01trary in tire industry,the inspector oill take a fe" photos of the premises,internal acid c\,ternal,to
doctinitnt your physical location as wctl as security measures and s;teguards,At du:little of the inspection,I,,is Important that you assign air individual(s)capable of
answering pertinent questions to lricci with the inspector-
I'lease provide the name and phone number of the person you would like us to contact to schedule the required on site inspection(s).
Telephone Nurnber:
t7 trial I
Has Thomson Reuters onsite instlectet)any of your locations in the last 6 month ?-last_6months ED
Ek No Yes
ACCOUnt Name Account Number
1 It yes, approxinitucly when was the onsite
j performed
CERTIFICATIONS
beir
By clul-e zk you certify that:
YOU UNDERSTAND TIJATTIIIOMSON RELTERS IS NOT A CONSI MER REPORTING AGENCY AND THIS SERVICE DOES NOT CONSTITUTE A
-CONSUMER REPORT" AS SUCH TERM IS DEFINED IN THE FEDERAL FAIR CREDIT REPORTING ACT(FCRA), I.; U.S.C.A. ff 1681 ET SEQ,
YOU ARE STRICTLY PROHIBITED FRONI USING ANY DATA, IN WHOLE OR IN PART, AS A FACTOR IN ESTABLISHING A CONSUMER'S
ELIGIBILITY FOR CREDIT,INSURANCE,EMPLOYMENT,OR FOR ANV OTHER PURPOSE AUTHORIZED UNDER THE FCRA OR AS IuE BASIS
FOR TAKING ADVERSE ACTION REGARDING ANN'CONSUNIER APPLICATION.
rr Did users%kill access and rise the data, including personally identifiable information.in accordance%kith all applicable la41s, rules,and regulations,\ci individual shallf
access records that require`a perniissible rise unless such a penniSStblC use exists. It is your responsibility to seek guidance and clarification Ili case ofaciv QUCSIRXIS about
the prip,:r us,; of u product. YOU ARE ItC.Sj1ONSILjt.j; FOR ANY U,`,AUTJ IORIZED COLLE('rlo%, A7ccrss, USE, AND DjSCI,OSIJRE OF ANY DAT/1
ACCF.SSFD THROUGH OUR PRODUCTS,
YOU\kill CuSLIR!that Thomson Reuters products are accessed and used in a manner that always preserves the strict confidentiality of all data..You agree to put processes
,it place to ensure that you and all authorized users comply with the following both when working from your authorized business location(s)arid remotely:(1)products
kull oil]%. he accessed through password protected W1 Fi neikkorks, virtual private networks, and other secure applications and inediods of conlElxrihieauons, 1,2) a11
security ineasures on laptops and other devices will be activated before accessing our products,(3)authorized users will never extract or store data renicoit!v or)laptops or
inobile devices,(4)atuborized users v,,ill riot write down or niaituairr any data it)all unsecure fashion In any lbrm,(5)laptopsor device screens\kill riot be visible through
exterior wiodo%Ns %khen accessing our products, (6) aLl1II0FiZtcd users kvill riot access products in a public areas or where conversations could be overheard. and (7)
authorized users will not allo%\ anvone to user their work laptop or other device for any reason.
You will maintain a comprehensive information security program,including s\sterus, facilities, and procedures to safeguard the data acid that you have experience in
maintaining the confidentiality,sectirity,and appropriate useof'such information,
• You agrce to immediately notif} Thomson Reuters of any actual or suspected breach or access to data that may result in the unauthorized collection, access, use or
disclosure of'any data.You agree to make all reasonable efforts to assist Thomson Reuters and our data providers in relation to any investigation,claim,litigation or other
action related to your access,use or disclosure of data.
o You and your end users are not and will not be involved in credit fraud,identification theft,stalking,harassment,any unethical business practices or illegal activity nor
will you further such activities by your customers.
All information provided on this AVC Form and addendum(s)is true and correct and is applicable to all of),our authorized users and locations. You�+ill immediately
notiN Thomson Reuters of'any changes to the information provided in this form or during the credentialing process, including location chances. You understand that
Thomson Reuters may periodically require You to re certify the information provided herein. Y
• You are an authorized signatory for this account.
AUTHORIZED REPRESENTATIVE:
Printtiamc: Jay Chaaa
Title: Qe uty City Manager
Date: 07/26/21
zz"1 QlC I St QV HERE
`;IgnaCU@ffixS J. has Jul2 ,202113:49 CDT)
Once this document is completed and signed by an authorized representative, please
provide it to your West Sales Consultant With a signed order or fax it to 866 294 1042
or email to west.avteredentialsQ�rthomson.corn.
All int'onnation is subject to verification and approval by"Thomson Reuters.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ADDENDUM TO ORDER FORM
BETWEEN
THE CITY OF FORT WORTH
AND
WEST PUBLISHING CORPORATION
This Addendum to Order Form ("Addendum") is entered into by and between West
Publishing Corporation("Vendor")and the City of Fort Worth("City"), collectively the"parties."
The Contract documents shall include the following:
1. The Order Form; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Order Form (the
"Agreement"), the parties stipulate by evidence of execution of this 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. Term. The Agreement shall commence on June 1, 2021 ("Effective Date") and
shall expire no later than September 30, 2026 ("Expiration Date"), unless terminated earlier in
accordance with the provisions of this Agreement or otherwise extended by the parties. This
Agreement may be renewed for one (1) [number of renewals] I year renewal periods at the City's
option, each a"Renewal Term." The City shall provide Vendor with written notice of its intent to
renew at least thirty (30) days prior to the end of each term.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach.If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach thirty (30) calendar days
after receipt of notice from the non-breaching party, or other time frame as agreed to by
the parties. If the breaching party fails to cure the breach within the stated period of time,
the non-breaching party may, in its sole discretion,and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate the Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
Addendum Page I of 5
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
Duties and Obligations of the Parties. In the event that the Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the
effective date of termination and Vendor shall continue to provide City with services
requested by City and in accordance with the Agreement up to the effective date of
termination.
3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The 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 the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by
Governmental Units," is self-insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self-insured status as
requested by Vendor.
6. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
7. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
8. IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its
own cost and expense, including the payment of attorney's fees, any claim or action against
the City for infringement of any patent, copyright, trade mark, service mark, trade secret,
or other intellectual property right arising from City's use of the Deliverable(s), or any part
thereof, in accordance with the Agreement, it being understood that the agreement to
indemnify, defend, settle or pay shall not apply if City modifies or misuses the
eliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions
Addendum Page 2 of 5
against the City pursuant to this section 8,Vendor shall have the right to conduct the defense
of any such claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim; however, City shall have the right to fully participate in any
and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest,
and City agrees to cooperate with Vendor in doing so.In the event City,for whatever reason,
assumes the responsibility for payment of costs and expenses for any claim or action brought
against the City for infringement arising under the Agreement, the City shall have the sole
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, Vendor shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing,the City's assumption of payment of
costs or expenses shall not eliminate Vendor's duty to indemnify the City under the
Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof
is enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the
Deliverable(s) to make them/it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to
Vendor by the City, subsequent to which termination City may seek any and all remedies
available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY.
9. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
10. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is
sufficient for purposes of the Agreement only.
11. No Debt. In compliance with Article l I § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
12. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
Addendum Page 3 of 5
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
13. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City,the terms in this Addendum shall control.
14. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under the Agreement, including completing the
Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under the Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, O
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate the Agreement for violations of this
provision by Vendor.
15. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
16. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
(signature page follows)
Addendum Page 4 of 5
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: i si.Chapa(Jull 2
021 13:53 CDTj(/ performance and reporting requirements.
Na : Jay Cha'p"a
Title: Deputy City Manager
Date: 07/26/21 ByName: Tracey McVay
Approval Recommended: Title: Admin Services Coordinator
Approved as to Form and Legality:
By:''a4,1.i
Name: Sarah Fullenwider FORT 4�
Title: City Attorney "r0V------A B
0
PA.cP-P-0%0 YJB strong(Jul 2f,202113:59 CDT)
0 0
FYI. 0 Name: John B. Strong
j:1.0
0 0
Attest: 0000 OX� Title: Assistant City Attorney
0 0
'0
0*0 _�.-
0 . C/
0 000000,- 47 Contract Authorization:
M&C: 21-0448 06/22/201
By: Ronald P.Gonzales(,Tul 26,202115:46 CDT)
Name: Ronald Gonzales
Title: Acting City Secretary
VENDOR:
By: rlz'a� 6t')
Name: —Chuck Holmsten
Title: —Senior SCM Consultant
Date: 7/21/2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 5 of 5
City of Fort Worth, Texas
� ����� ��� ��������^0 ����������^���~���
0�0�� ~°° ��" °�� ��~�~=. .^°U� Communication
"
DATE: O022/21 M&C FILE NUMBER: M&C21-U448
LOG NAME: 122021VVE8TLAVV LEGAL RESEARCH
SUBJECT
(ALL)Authorize Execution of a Five-Year Contract with West Publishing Corporation in an Amount Not to Exceed$162,075.48 for Legal Research
for the City/ttomeysOffice
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his recommended that the City Council authorize the execution of a five-year contract with West Publishing Corporation in an amount not to
exceed$162.U75.48 for legal research for the City Attomey'oOffice.
This Mayor and Council Communication(M&C)is to authorize the execution of a contract for legal research services for the City Attorney's Office.
There are only two viable companies that provide the legal research capabilities required by the City Attorney's Office to perform their job duties
for the City. The City Attorney's Office obtained quotes from both Lexis and West Publishing Corporation(the two companies that provide
sufficient legal research services).A select group of attorneys in the City Attorney's Office reviewed the quotes and attended presentations with
questions and answers from both companies. Further,those select attorneys reviewed the capabilities of West Publishing Corporation using a trial
period.West Publishing Corporation was chosen based on the fact that it's suite of services provides the best value to the City Attorney's Office.
Business Equity:A waiver of the goal for Business Equity subcontracting requirements was requested,and approved by the DVIN,in accordance
with the applicable Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
A Form 1295 is not required because:This contract will be with a publicly-traded business entity or a wholly-owned subsidiary of a publicly-traded
business entity:West Publishing Corporation
_-___-_-_____-____-__-_____-______-_
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2022 Budget by the City
Council,funds will be available in the Fiscal Year 2022 operating budget,as appropriated,in the General Fund. Prior toun expenditure being
incurred,the City Attorney's Office has the responsibility to validate the availability of funds.
Submifted for Ci!y Manager's Office ALLACk4o 6222
Orininatinci Business Unit Head: SanmhFuUonwider 7623
Additional Information Contact: J8StmnQ 7627