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HomeMy WebLinkAboutContract 56959 CSC No.56959 WEST ORDER FORM—For West Complete Print and Pro View eBoolc Products Only •�'7 "''�� 610 Opperman Drive,P.O.Box 64833 +••• •• THOMSON REUTERS" St.Paul,MN 55164-1803 Tel: 651/687-8000 Check West account status below as app cable: Rep Name&Number PaTao Her& 6110616 s New (NACI Form attached) Existing with Increase Credit Limit (NACI Form attached) Existing with no changes Existing with changes X (Permanent name change must attach a Customer Name Change Form) ty —-----------------------------------------------------------------------------—-- — --- - -- ------ — — - - O Acet# 1000811128 Quote# PO# Date 12/01/2021 Name/Subscriber FORT WORTH CITY ATTORNEY Bill To Acet# 1000811128 ►� Order Confirmation Contact Name Tracey McVay E-Mail tracey.mcvay@fortworthtexas.gov d Westlaw Password Contact Name(for password delivery) E-Mail w Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To :1y Name Attn: z Address Suite/Floor City State County Zip 7 l� C This Order Form is a legal document between Customer and West Publishing Corporation.West Publishing Corporation is referred to as"Thomson Reuters","we"or"our"and Customer will be referred to as"you",or"I"or"Client". Thomson Reuters General Terms and Conditions, apply to all products ordered,except print and is located at http://tr.comfFennsandConditions._The Thomson Reuters General Terms and Conditions for Federal Subscribers is located at leealsolutions.com/Federal-ThomsonReuters-General-Terms-Conditions.pdf. In the event that there is a conflict of terms between the Thomson Reuters General Terms and Conditions and this Order Form,the terms of this Order Form control.This Order Form is subject to our approval. West Complete Print Program ID: WCMP Minimum Term Full Svc# Print Products List Charges Other Monthly Charges (Months) 40666420 West Complete 1 $878.00 36 MONTHS See Attachment(988.dot)for print product detail,which is incorporated by reference. During your subscription terms,you will receive subscription services consisting of automatic shipments of updates and supplements to the print product,including but not limited to pocket parts, pamphlets, replacement volumes,or loose-leaf pages,as available. For eBook products you will receive updates to the most current version of each edition of the eBooks which are available during your subscription term. If you terminate any West Complete Print products during the Minimum Tenn or subsequent Renewal Term,the Monthly Charges will not be adjusted. We will contact you if any of the titles are no longer commercially available. You will then have 60 days to choose a replacement title of equal or lesser value. 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 Term column above counting from the first day of the month following the Effective Date, Your Monthly Charges during the first twelve(12)months of the Minimum Tenn are as set forth above.If your Minimum Term is longer than 12 months,then your Monthly pha es for each year of the Minimum Term are displayed in the Pricing Attachment(#1113)to the Order Form,Initials for Automatic Renewal Term. I understand that West will continue to provide subscription services for the products listed above after the Minimum Term. Automatic Renewal Term will be 12 months in length("Automatic Renewal Term")and include a 7%price increase unless we notify you of a different rate at least 90 days before each Automatic Renewal Term begins. Either of us may cancel in writing at least 60 days before an Automatic Renewal Term starts. For any ProV iew Enterprise products listed above: Upon termination,your right to access and use eBooks,including content and retention of content,will terminate,and West retains the right to delete any user notes that may be attached to terminated eBooks. Your West sales representative will provide frequency of updates upon request. Transportation charges,returns and refunds information is in the"Miscellaneous"section below. OFFICIAL RECORD 10/1/2021 SAMInet CITY SECRETARY I FT. WORTH, TX West Complete Print Renewals Initial Renewal Year Monthly Sub Mad# Print Products Charges Renewal Effective Date Renewal Term Months 40666551 West Complete Notes: Monthly Charges for the Initial Renewal Year are set forth above and begin on your Renewal Effective Date.The Renewal Term will continue for the number of months identified in the Renewal Term column above. If your Renewal Term is longer than 12 months,then your Monthly Charges for each year of the Renewal Term are displayed in the Pricing Attachment(#1113)to the Order Form. During your subscription terms,you will receive subscription services consisting of automatic shipments of updates and supplements to the print product,including but not limited to pocket parts,pamphlets,replacement volumes,or loose-leaf pages,as available.For eBook products you will receive updates to the most current version of each edition of the eBooks which are available during your subscription tern. If you terminate any of your West Complete Print products during any Renewal Term,the Monthly Charges will not be adjusted. Initials for Automatic Renewal Term. I understand that West will continue to provide subscription services for the products listed above after the Renewal Tenn. Each Automatic Renewal Tenn will be 12 months in length("Automatic Renewal Term")and include a 7%price increase unless we notify you of a different rate at least 90 days before each Automatic Renewal Term begins. Either of us may cancel in writing at least 60 days before an Automatic Renewal Term starts. Your West sales representative will provide frequency of updates upon request. Transportation charges,returns and refunds inform ation is in the"Miscellaneous"section below. ProView eBook Users 11 Last Name First Name,M.I. ProView eBook Products *Optional E-Mail Address *An e-mail address is required only if an individual user prefers to receive his or her registration key to a personal e-mail address.If necessary,attach additional page(s) including full names,products and optional e-mail addresses. ProView Enterprise IP 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 Order Form as the Unit of Pricing Type. Our pricing for ProView Enterprise IP banded products is made in reliance upon your certification.If we learn that the actual number is greater or increases at any time,we reserve the right to increase your charges as applicable. Miscellaneous 1. 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. If you are a non-governmental 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 subscriber,United States federal law will apply and any claim may be brought in any federal court. 2.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. 3.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. 4.Returns and Refunds.You may return a print or CD-ROM 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 htto://static.legalsolutions.thomsonreuters.com/static/retums-refunds.Rdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. 5.Cancellation Notice. Send your notice of cancellation to Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan MN 55123-1803. 6.Transportation Charges.Print and CD-ROM products are shipped F.O.B.origin. Transportation charges will be added for expedited shipments made at your request and for international product delivery.Expedited shipments and international product shipments will be charged at the then current carrier rates. 10/1/2021 SAMInet 713.dot 7. 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 legalsolutions.com/TbomsonReuters-Gencral-Terms-Conditions PST.odf. 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 terms control. • Campus Research • CD-ROM • 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 8.Assignment. This Order Form is subject to our approval. You may not assign,sublicense or otherwise transfer this Order Form without our prior written consent. ACKNOWLEDGMENT I warrant that I am authorized to accept these terms and conditions on behalf of Subscriber. Printed Name Jesus J.Chapa Title Deputy City Manager Date J an 10,2022 Signature . For Credit Card Transactions only: Visa Master Card Am Ex Card ff Expir.Date Total Amt.to Charge for this Order Subscription charges for this order will be billed to your West account unless automatic credit card or electronic funds transfers have been separately authorized. i 10/l/2021 SAMInet 7/3.dot West Order Form Attachment West Complete Additional Components .Ii� THOMSON REUTERS 610 Opperman Drive, P.O. Box 64833 St. Paul, MN 55164-1803 Tel: 651/687-8000 This Attachment is incorporated by reference into and made a part of the underlying Order Form. Account# 1000811128 � AccountName FORT WORTH CITY ATTORNEY Sub/Full Svc# Print Products Quantity New or Existing These are titles and quantity to be lapsed: 14815164 BANKR CODE RULES & OFF FMS SUB 1 LAPSE 13513814 FED CIV RIGHTS ACT SUB 1 LAPSE 13515078 LOCAL REGULATION ADULT BUSINESS SUB 1 LAPSE 42537402 OCNR FED CIV FMS SUB 1 LAPSE 42558370 OCNR FED RULES CIV TRIALS TX VERS SUB 7 LAPSE 42537400 OCNR TX CIV FMS SUB 1 LAPSE 42537416 OCNR TX CPRC PLUS SUB 6 LAPSE 42537420 OCNR TX ESTATES CODE PLUS SUB 1 LAPSE 42537418 OCNR TX PROP CODE PLUS SUB 2 LAPSE 42537392 OCNR TX RULES CIV TRIALS SUB 2 LAPSE 42537406 OCNR TX RULES OF EVID HNDBK SUB 1 LAPSE 12094745 TX UCC FMS SUB 1 LAPSE 21085979 TX VERN RULES ANNO CIV SUB 1 LAPSE 21044954 TX VERN STAT SUB 1 LAPSE 988.dot 6/1/18 SAMInet with lines West Order Form Attachment West Complete Additional Components THOMSON REUTERS 610 Opperman Drive, P.O. Box 64833 St. Paul, MN 55164-1803 Tel: 651/697-8000 This Attachment is incorporated by reference into and made a part of the underlying Order Form. Account 1000811128 � AccountName FORT WORTH CITY ATTORNEY Sub/Full Svc# Print Products Quantity New or Existing 42558370 OCNR FED RULES CIV TRIALS TX VERS SUB 1 EXISTING 21035963 FED LABOR LAWS PAM SUB 1 EXISTING 42537414 OCNR TX CAUSES OF ACTION SUB 1 EXISTING 42537394 OCNR TX CIV APPEALS SUB 1 EXISTING 42537416 OCNR TX CPRC PLUS SUB 8 EXISTING 42537442 OCNR TX CRIM CODE PLUS SUB 2 EXISTING 42537442 OCNR TX CRIM CODE PLUS SUB 1 EXISTING 42537436 OCNR TX EMPL CODE PLUS SUB 4 EXISTING 42537418 OCNR TX PROP CODE PLUS SUB 1 EXISTING 42537392 OCNR TX RULES CIV TRIALS SUB 18 EXISTING 42537406 OCNR TX RULES OF EVID HNDBK SUB 1 EXISTING 13510696 TX CONSTRUCTION LAW SUB 1 EXISTING 21120197 TX ENVIR LAWS PAM SUB 1 EXISTING 21069760 TX LOCAL GOVT CODE PAM SUB 36 EXISTING 21118680 TX PROPERTY CODE PAM SUB 1 EXISTING 42537429 O'CONNOR FED EMPLOYMENT CODES 1 NEW 22069760 TX LOCAL GOVT CODE PAM SUB 2 NEW 42537437 OCNR TX EMPL CODE PLUS SUB 2 NEW 42537415 OCNR TX CAUSES OF ACTION SUB 1 NEW 22035963 FED LABOR LAWS PAM SUB 1 NEW 988.dot 6/1/18 SAMInet with lines > 7 CD } r \\ ) © \ w kn rxS 4 � } / / w 2 e � � - ) ) CD CD 0 o % 2u _ en It \ \ j � / \ }w Con_ a ± § } § \ � ) \ e / 15 / 2 ± � Cc - \ ) ) \ \ ) \ [ / § § b 2 ) 2 \ 0 LC / } / 4 / 4 ./ Ln kLJ \ ADDENDUM TO WEST ORDER FORM BETWEEN THE CITY OF FORT WORTH AND WEST PUBLISHING CORPORATION A THOMSON REUTERS BUSINESS This Addendum to West Order Form ("Addendum") is entered into by and between West Publishing Corporation, a Thomson Reuters business ("Vendor") and the City of Fort Worth ("City"), collectively the "parties", for a purchase of licenses. The Contract documents shall include the following: I. The West Order Form- For West Complete Print and ProView eBook Products Only; and 2. This Addendum. Notwithstanding any language to the contrary in the attached West Order Form (the "Agreement"), the Parties hereby 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. Termination. a. 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 this Agreement by giving written notice to the breaching party. b. 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 any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. C. 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. Addendum Page 1 of 6 2. 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. 3. 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. 4. Linked Terms and Conditions. If the Agreement contains a website link to terms and conditions,the linked terms and conditions located at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the provisions contained within this Addendum and the Agreement shall control. If any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void. 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. Indemnity. To the extent the Agreement, in any way,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 this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Addendum Page 2 of 6 Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions 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 this 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 this 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 this 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 AND AMOUNTS SET FORTH IN SECTION 10 OF THIS AGREEMENT. 9. No Debt. In compliance with Article 11 § 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. 10. Confidential 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 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. 11. 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. Addendum Page 3 of 6 12. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(1-9). Upon request by City,Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this 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, OR 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 this Agreement for violations of this provision by Vendor. 13. No Boycott of Israel. If Vendor has fewer than 10 employees or this 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, the 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 contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 14. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more,which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021,87th Leg.,R.S.,S.B. 13, §2).To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 15. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or Addendum Page 4 of 6 firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this 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 5 of 6 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: n '<..—� performance and reporting requirements. Name: Jesus J.Chapa Title: Assistant City Manager Date: Jan 10,2022 By: Name: Tracey McVay Approval Recommended: Title: Administrative Services Coordinator Approved as to Form and Legality: By: Name: Leann Guzman Title: Deputy City Attorney By. --t Name: John B. Strong Attest: ppdo OR Title: Assistant City Attorney 0 00000000 P A �° '°%0�� Contract Authorization: 0 1.0 0 M&C. By: Q� e�� ae�oa� 00 0 '=d Name: Jannette Goodall P * o .* Title: City Secretary dada 000001o�p ��R�novo, VENDOR: West Publishing Corporation, a Thomson Reuters business By: Cxl� l tJ gS� Name: Chuck Holmsten Title: Senior SCM Consultant Date: 12/28/2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum Page 6 of 6 FORT WORTH CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorney for review. The attorney will review the information you have provided to determine whether an exemption to Chapter 252's biding requirements is defensible. If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Section 1: General Information Requesting Department: City Attorney's Office Name of Contract Manager: Tracey McVay Department's Attorney: Taylor Paris Item or Service sought: Goods: Service: ❑ Anticipated Amount: $31,608 (3 year contract) Vendor: Thomson Reuter Current/Prior Agreement for item/service: Yes ® No ❑ CSC or Purchase Order#: 51600 Amount: $43,868.88 Projected M&C Date: N/A How will this item or service be used? The various Thomson Reuter law books are used as both desk ready reference and"take to the courthouse" law sources. Page 1 of 6 Section 2: Claimed Exemption and Justification (Otherthan sole source) NOTE -For a claimed sole-source exemption, complete Section 3. Please indicate the non-sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions: 0 A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth's residents; El A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; El A procurement for personal, professional, or planning services; El A procurement for work that is performed and paid for by the day as the work progresses; Ej A purchase of land or a right-of-way; El Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; El A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; El A payment under a contract by which a developer participates in the construction of a public hnprovement as provided by Subchapter C, Chapter 212; El Personal property sold: • at an auction by a state licensed auctioneer; • at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business &Commerce Code; • by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or • under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; F-I Services performed by blind or severely disabled persons; El Goods purchased by a municipality for subsequent retail sale by the municipality; M Electricity; or Page 2 of 6 LI Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form. Section 3: Claimed Sole-Source Exemption and Justification NOTE-For any non-sole-source exemption, complete Section 2. Please indicate the sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions *A procurement of items that are available from only one source,including: • items that are available from only one source because of patents,copyrights, secret processes,or natural monopolies; • films, manuscripts, or books; • gas,water,and other utility services; • captive replacement parts or components for equipment; • books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and • management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? The books subject to the contract are only published by Thomson Reuter and are copyrighted. The books are a subscription service through Thomson Reuter and are updated annually. Prior year books are available through other sources but current publications are not. Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Top 3 Google search results are for Thomson Reuter,Amazon, and eBay. Amazon search results are for only prior year releases,e-Bay search results are for prior year releases or pre-owned current releases. Did you attach a sole source justification letter? ❑ Yes ® No Page 3 of 6 Describe the uniqueness of the item or service (e.g.compatibility or patent issues, etc.). Section 4: Attorney Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? 0 Yes El No. Was there anything attached to this form that was relied on in making this determination? 0 Yes 0 No. If yes,please explain:[DESCRIBE ATTACHMENTS CONSIDERED] Was there anything not included on this form or attached hereto that was relied on in making this determination? 0 Yes F1 No. If yes,please explain:lndependent review of sources for current year books/subscriptions. Will the standard terms and conditions apply? M Yes F1 No. Will the contract require special terms? El Yes No. Will the contract require review by the department attorney? Yes No. Approved By: 1-—.17<;� /'O� Date: 1.5.22 TWAor Paris/Jessika Williams Assistant City Attorney Page 4 of 6 EXEMPTION FORM PFJI\4ER Below are explanations and examples of common exemptions that could apply to City purchases. If you have questions about the information provided or need additional information, please contact your department's assigned attorney or the appropriate purchasing attorney. 1. A procurement necessary to preserve or protect the public health or safety of the municipality's residents; Examples of activities that have been found to fall within this exception include ambulance services; solid waste collection and disposal; and first-responder safety equipment such as breathing apparatus for firefighters and bullet-proof vests for police officers. 2. A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; Examples of this type of procurement would include repairing or replacing roofs and windows damaged by hail or a tornado. But parts and services for routine maintenance or replacement of old, worn out roofs or windows would not meet this exception. 3. A procurement for personal, professional, or planning services; Personal services are ones that are unique to the individual providing them. Therefore personal services contract cannot generally be subcontracted or assigned. Professional services are not defined under Chapter 252, so there is no precise definition to follow. There is no universal definition of this teirn, however, "several cases suggest that it... is 'predominately mental or intellectual, rather than physical or manual."' Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160 S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has also opined that "professional services" no longer includes only the services of lawyers, physicians, or theologians, but also those members of disciplines requiring special knowledge or attainment and a high order of learning, skill, and intelligence. Id. Facts needed to support a professional service exemption include the specialized requirements of that profession and the mental and intellectual skill required by the person while performing the service. Purchases of goods are not professional services. 4. A procurement of items that are available from only one source. This exemption is commonly referred to as the sole source exemption. In determining whether a purchase is of a good or service that is available from one source, you should not consider price or time to receive the good or service.A sole source does not exist solely on the basis of personal or departmental preference or a desire to keep all units the same brand or make. The information needed to support this exemption is that no other provider Page 5 of 6 can provide the service or category of good except for the vendor you are proposing. Some examples of sole source purchases include service agreements when only one vendor is authorized to work on the equipment by the manufacturer and allowing another vendor would void the warranty;purchase of a good that is copyrighted or trademarked and only provided by one vendor. Page 6 of 6