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HomeMy WebLinkAboutContract 56083-A2Second Amendment to Fort Worth City Secretary Contract No. 56083 Page 1 of 3 SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 56083 This Amendment to Fort Worth City Secretary Contract No. 56083 (“Amendment”) is made between the City of Fort Worth (“City”), a home-rule municipality, and West Publishing Corporation (“Vendor”). WHEREAS, City and Vendor entered into a five-year Agreement identified as Fort Worth City Secretary Contract No. 56083 beginning June 1, 2021 (the “Agreement”); WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the price schedule under the Agreement and increase the monthly charge to in order to provide City with Vendor’s new AI component, CoCounsel; and WHEREAS, the increased monthly charge will be effective for the fifth and final year of the Agreement, beginning June 1, 2025. NOW THEREFORE, City and Vendor agree to the following terms, which amend the Agreement as follows: 1.The Agreement is hereby amended by adding “Order Form, Order ID: Q- 09869076,” attached to this Amendment, to Exhibit “A” of the Agreement. The new monthly charge is effective beginning June 1, 2025 for the fifth and final year of the Agreement. 2.All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Second Amendment to Fort Worth City Secretary Contract No. 56083 Page 2 of 3 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: By: ___________________________ Name: Title: Assistant City Manager Date: ___________________________ Approval Recommended: By: ______________________________ Name: Leann Guzman Title: City Attorney Attest: By: ______________________________ Name: Jannette Goodall Title: City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: Title: Approved as to Form and Legality: By: ______________________________ Name: Jessika J. Williams Title: Assistant City Attorney Contract Authorization: M&C: 21-0448 (06/22/21) VENDOR: West Publishing Corporation By: Name: _____________ Title: _____________ Date: ____________________________ Second Amendment to Fort Worth City Secretary Contract No. 56083 Page 3 of 3 EXHIBIT A Order Form .•� ;',•' � �.`; Thomson ;�.��,• ReutersTM sss Sold To Account Address Account#: 1000811128 FORT WORTH CINATTORNEY CRYSTAL RUSSELL 200 TEXAS ST FORT WORTH TX 76102-6314 US "Customer" Order ID: Q-09869076 Contact your representative cody.miller@thomsonreuters.com with any questions. Thank you. Shipping Address Account#:1000811128 FORT WORTH CITY ATTORNEY CRYSTALRUSSELL 200 TEXAS ST FORT WORTH TX 76102-6314 US Billing Address Account#: 1000811128 FORT WORTH CINATTORNEY CRYSTALRUSSELL 200 TEXAS ST FORT WORTH, TX 76102-6314 US This Order Form is a legal document between Customer and A. West Pubfishing Corporation to the extentthat products or services will be provided by West Publishing Corporation, and/or B. Thomson Reuters Enterprise Centre GmbH to the extent that products orservices will be provided by Thomson Reuters Enterprise Centre GmbH. A detailed list of products and services that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are avaifable at: http�//www tr com/trorderinginfo West Pubfishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer. Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as "Thomson Reuters", "we" or "our," in each case with respect to the products and services it is providing, and Customer will be referred to as "you", or "your" or "Client". The Order Form is subject to and governed by the Texas Contract Number DIR-CPO-5258. For Federal Customers the following shall apply: Thomson Reuters General Terms and Conditions (available here: hun://tr.com/federal-gcneral-terms-and-conditions apply to the purchase and use of all products, except print, and together with any applicable Product Specific Terms (set forth below) are incorporated into this Order Form by this reference. In the event that there is a conflict of terms among the General Terms and Conditions, the Product Specific Terms and this Order Form, the order of precedence shall be Order Form, the Product Specific Terms, and last the General Terms and Conditions. For non-federal customers the following shall apply: Thomson Reuters General Terms and Conditions (hetnJ/tr.com/u,- �eneral-terms-and-conditions) apply to the pwchase and use of all products, except print, and together with any applicable Product Specific Terms (set forth below) are incorporated into this Order Form by this reference. In the event that there is a conflict of terms among the General Terms and Conditions, the Product Specific Terms and this Order Form, the order of precedence shall be Order Form, the Product Specific Terms, and last the General Terms and Conditions. ProFlex Products See Attachment for details Material # Product Monthly Charges Minimum Terms Months 407�7482 West Proflex $4,685.00 12 Bridge Products Material # Product Quantity Unit Bridge Monthly Bridge Term Char es Months 40757482 West Proflex 1 Each $3,199.50 6 Bridge Terms 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 chazges will continue for the number of complete calendaz months listed in the Bridge Term column above and will be in addirion to the Monthly Chaz�es and Minimum Term outlined above. At the end of the Bridge Term, your Monthly Chazges and the Minimum term will begin on the first full calendar month followin� the Bridge Term as described in the Product grid above. All other terms and conditions of the Order Form remain unchanged. For purposes of c]arification, your total Term will be the Bridge Term plus the Minimum Term. 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 Term column above plus any Bridge Term that may be outfined 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 Term are as set forth above. If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Term are displayed in the Attachment to the Order Form. Page 1 of 5 Post Minimum Terms Your subscription wilf automatically renew at the end of the Minimum Term. Each Automatic Renewal Term will be 12 months in length ("Automatic Renewal Term"), and we will notifij you of any change in the Monthly Charges at least 60 days before each Automatic Renewaf Term starts. You are also responsible for all Excluded Charges. Federal government subscribers that chose a mufti-year Minimum Term, those additionaf years will be implemented at your option pursuant to federaf law. Either of us may cancel the Automatic Renewal Term by sending notice in writing at feast 30 days before an Automatic Renewal Term begins. Send your notice of cancellation to Customer Service, 610 Opperman Drive., P.O. Box 64833, Eagan, MN 55123-1803. Bauded Product Subscriptions. You certify your total number of attomeys (full-time and part-time partners, shareholders, associates, contract or staff attomeys, of counsel, and the like), corporate users, personnel or full-time-equivalent students is indicated in this Order Form. Our pricing for banded products is made in reliance upon your certification. If we leam that ffie actual number is greater or increases at any time, we reserve the right to increase your charges to the market rate for all of your attomeys. Miscellaneous Applicable Law. If you are a state or focaf governmentaf entity, your state's law will apply, and any claim may be brought in the state or federal courts focated in yourstate. If you are a non-governmental entity, this Order Form shall be interpreted under Minnesota state faw and any claim by one of us shalf exclusively be brought in the state or federal courts in Minnesota. If you are a United States Federal Government subscriber, United Statesfederal law wilf apply, and any claim may be brought in anyfederal court. Material Change. If, at any time during the Minimum Term or the Renewal Term, there is a material change in your organizational structure including, but not fimited to merger, acquisitions, combination, significant increase in the number of attorneys at a location covered by the agreement, divestitures, downsizing or dissolution, we will modify your rates proportionally. If you acquire the assets of, or attorneys from, another entity that is a current subscriber, you assume all obligations underthe agreements that applyto those assets and attorneys, and you will pay the invoiced charges on both those agreements as they become due, untif a superseding agreement is negotiated in good faith. 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. unfess 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 you access producu or services that are not included in your subscription you will be chazged our then-current rate ("Excluded Chazges"). Excluded Chazges will be invoiced and due with your next payment. For your reference, the cunent Ercluded Charges schedules are located in the below link. Excluded Charges may change from rime-to-time upon 30 days written or online notice. We may, at our option, make certain products and services Excluded Charges if we are contractually bound or otherwise required to do so by a third party provider or if products or services are enhanced or if new products or services aze released a8er the effective date of this ordering document. Modification of Excluded Chazges or Schedule A rates is not a basis for ternvnation under paragraph 9 the General Terms and Conditions. https //le��l thom�onreuters com/contenUdam/e�vp-m/d�cuments/le�al/en/n�lf%other/nlan-2-nro-�ovt-a�encies.pclf h[tp://staCicJeealsoluCions.diomsonreut�ers.com/statida�reement/nlan-2-prc�-eovt�-aeencies.pdf eBitling Contact. All invoices forthis account will be emailed to your e-Billing Contact(s) unless you have notified us that you woufd fike to be exemptfrom e-Billing. Credit VeriFcation. 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 consideryour request. Cancellation Notification Address. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803 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. Please see ��//static leg�lsolutions thomsonreuters com/static/returns-refunds.�df or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. Confidentiality of Ordering Document. You understand that discfosure of the terms contained in this ordering document woufd cause competitive harm to us, and you agree not to disclose these terms to any third person. Product Specific Terms Document Intelligence Product Specific Terms: The following product specific terms shall apply to the Document Intelligence products on this orderform, and are incorporated by reference: htt��//www.thomsonreuters.com/document-intelligence-PST. Additional Terms for Services with Generative AI Skills: The following additional terms shall apply to Thomson Reuters Products with Generative AI Skills (including but not limited to all CoCounsel branded Products; alf Products with AI Assisted Research; Practical Law or Practical Law Connect, with Dynamic Tool Set; Practical Law UK Premium; Practical Law Global Premium), listed on this order form, and are incorporated into this orderform by reference: http://tr.com1genai-terms. CoCounsel Core and CoCounsel Drafting Product Specific Terms: The foflowing product specific terms shall apply to CoCounsel Core and CoCounsel Drafting and are incorporated into this orderform by reference: httn•//tr.com/cocounselcore-and-draftine-oroduct-s�ecific-terms. Page 2 of 5 Product Specific Terms and Service Levels: The following product specific terms and service levels shall apply to the HighQ products on this orderform, and are incorporated by reference: • HighQProductSpecificTermshtto://tr.com/HighO-PST • HighQ Service Levels: Thomson Reuters shall provide service avaifability, maintenance and support for the term of the Agreement. Oetails are available at: htto://tr.com/H ieh0-SLA- Note that Sections 3.3 of the SLA does not apply to any HighQ Light packages The Federal Product Specific Terms can be found here: htto://tr.com/federal-�roduct-s�ecific-terds Product Specific Terms. The following products have specific terms which are incorporated by reference and made part of this Order Form if they appfy to your order. They can be found at httRs://static.leealsolutions.thomsonreuters.com/staticLlhomsonReuters-General-Terms- cnndj�nn s asr. ndf. If the product is not part of your order, the product specific terms do not apply. • Campus Research • Hosted Practice Solutions • ProView eBooks • TimeandBilling • West km Software • West LegalEdcenter • Westlaw • Westlaw Doc & Form Builder • Westlaw Parafegal • Westlaw Patron Access • WestlawPublicRecords Drafting Tools Product Specific Terms: The following product specific terms shall appfy to the Drafting Tools products (Orafting Assistant, Clause Finder, Clause Finder: Internal Agreements) on this order form, and are incorporated by reference: httos://www.thomsonreuters.com/draftineassistant-and-clausefinder-�st. Amended Terms and Conditions LIMITATION OF LIABILITY. EACH PARTY'S OR ANY OF ITS THIRD-PARTY PROVIDERS' ENTIRE LIABILITY IN THE AGGREGATE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, INCLUDING FOR NEGLIGENCE, WILL NOT EXCEED TWO TIMES THE CONTRACT VAIUE. CONTRACT VALUE IS DEFINED IN THE ORDERING DOCUMENTS. IN NO EVENT SHALL WE OR OUR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY PENALTIES, INTEREST, TAXES OR OTHER AMOUNTS IMPOSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY. NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF DATA, OR LOSS OF PROFITS (IN EITHER CASE, WHETHER DIRECT OR INDIRECT) EVEN IF SUCH DAMAGES OR LOSSES COULD HAVE BEEN FORESEEN OR PREVENTED. Government Non-Availabilitv of Funds for Online. Practice Solutions or Software Products You may cancel a product or service with at least 30 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an officia( document, (e.g., executive order, an officially printed budget or other official government communication) certifying the non-availabifity of funds. You will be invoiced for all charges incurred up to the effective date ofthe canceflation. .,� -� -. . � . �• •� /�� Administrative Services Manager Page 3 of 5 Signature of Authorized Representative for order Title Crystal Russell Printed Name This Order Form will expire and wil! not be accepted after 6/30/2025. May 30, 2025 Date Page 4 of 5 Attachment Order ID: Q-09869076 ,�. � `,•� � ..°� Thomson ��--•�m� ReutersTM :� � � Contact your representative cody.miller@thomsonreuters.com with any questions. Thank you. Payment, Shipping, and Contact Information Payment Method: Order Confirmation Contact (#28) Payment Method: Bill to Account Contact Name: CORDOVA, SHOSHANNA Account Number:1000811128 Email: shoshanna.cordova@fortworthtexas.gov This order is made pursuantto: TX MSA DIR-CPO-5258 (TXM1) Shipping Information: Shipping Method: Ground Shipping - U.S. Only eBilling Contact Contact Name SHOSHANNA CORDOVA Email shoshanna.cordova@fortworthtexas.gov ProFlex Multiple Location Details Account Number Account Name Account Address Action 200 TEXAS ST 1000811128 FORT WORTH CINATTORNEY FORT WORTH New TX 76102-6314 US ProFlex Product Details Quantity Unit Service Material # Description 1 Each 40757482 West Proflex 40 Attorneys 43412997 CoCounsel400 V2, Enterprise Access, Government 40 Attorneys 42077755 WestfawAlf Analytical, Enterprise access, Government 40 Each 41974282 Gvt Draftin Assistant For Government (Westlaw PROa¢) 40 Attorneys 41935298 Gvt PeopleMap Premier And Company Investigator For Government (Westlaw PROT") 40 Attorneys 41933492 Practical Law Premier, Enterprise access, Government 40 Attorneys 41933475 Westlaw Litigation Collection, Enterprise access, Government Account Contacts AccountContact AccountContact AccountContact AccountContact First Name Last Name EmailAddress CustomerType Description Shoshanna Cordova shoshanna.cordova@fortworthtexas.gov EML PSWD CONTACT Lapsed Products Sub Material Active Subscription to be Lapsed 40757481 West Proflex Page 5 of 5