Loading...
_add-on a)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Add-on Item a) Sponsored by: City Attorney City Commission Meeting: 04-18-17 RESOLUTION NO. ______ _ A Resolution authorizing the City Manager to enter into a one-year renewal subscription with LexisNexis to provide online legal publications. WHEREAS, LexisNexis, a division of Reed Elsevier, Inc., and West are the primary legal publication companies that provide the type of legal publications needed by the Legal Departments of the City; and WHEREAS, the City currently has a contract with LexisNexis to provide the Legal Department with online legal researching tools which will expire in approximately two weeks; and WHEREAS, LexisNexis is a sole source for specific online legal researching tools and hyperlinked downloadable cases, legal citations that it makes available to its customers, as well as for some of the online legal publication that it provides. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to extend the current one-year contract with Reed Elsevier, Inc., through a division of the company known as "LexisNexis" to provide the Legal and Human Resource Departments with legal publications for a one year extension of $384/month. Should the City desire to extend the subscription for more than one year the subscription rates are $379/month for year one of a two-year renewal and $397 for year two; $366/month for year one of a three-year renewal, $376/month for year two and $387/month for year three. The contract sum shall be expended from account 001-1500-514-4065, with a current balance of $31 ,882. 00. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of _____ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: Page 1 of 1 LexisNexis® Lexis Advance® Subscription Amendment for State/Local Government (Existing Subscriber Version) "Subscriber" Name: City Of South Miami I Account Number: 1000ROY46 "LN": LexisNexis, a division of RELX Inc. 1. Amendment This Amendment ("Amendment") amends and supplements the terms of the Lexis Advance Subscription Agreement previously entered into between LexisNexis, a division of RELX Inc. ("LN") and Subscriber (the "Subscription Agreement") This Amendment shall serve as Subscriber's acceptance of the General Terms & Conditions for Use of the Online Services in effect as of the date of this Amendment and displayed at www.lexisnexis.com/terms/generai. 2. Certification 2.1 Subscriber certifies that the number of government professionals in Subscriber's organization is as set forth below A "Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who is employed by the Subscriber. Number of Government Professional Users: 2.2 A "Support Staff User" is defined as a person who supports the Government Professional User, including, but not limited to paralegals, interns, legal secretaries or other administrative support members. Up to 3 10's will be issued to support staff for each Government Professional User accounted for above. Support Staff Users will receive access at no additional charge 2.3 Each LN 10 must be issued for individual use by the Government Professional User or Support Staff User 2.4 If Subscriber, at the time of signing this Amendment has 11 or more Government Professional Users, then Subscriber is required to notify LN if the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN in writing 2.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Amendment depend in part on the number of Government Professional Users in Subscriber's organization Subscriber certifies that as of the date Subscriber signs this Amendment there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (i) At LN's request from time to time, Subscriber will certify in writing the then-current Reference Number. (ii) If there is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number 3. Lexis Advance Product and Charges 3.1 This Section 3 amends the Subscription Agreement with respect to the Lexis Advance® product offering described below The term of Subscriber's commitment for the Lexis Advance product offering will begin upon the date Subscriber's billing account ("Account Number") is activated ("Activation") and will continue for the last period set forth in Section 3.3 below (the "Committed Term"). Subscriber may not terminate this Amendment under Section 5.2 of the General Terms during the Committed Term. In addition, Subscriber may terminate this Amendment during the Committed Term for a material breach by LN that remains uncured for more than 30 days after LN receives written notice from Subscriber identifying a specific breach. If Subscriber terminates this Amendment pursuant to this Section, then Subscriber will pay all charges incurred up to the date of termination. Upon the expiration of the Committed Term, all access to and use of Lexis Advance by Subscriber will be billed in accordance with the applicable then-current Price Schedule. "';:'.1 I .~~~_P_ro_~d~u",c~t ~ ___ ~ ___ -+I ___ --"S-,-K,-=U--,N-,-,u"-,-m,-,,b,,-=e,-,-r ___ ---,-! _____ Number of Users ___ ~ CNational_Primary Plus i 1011510 -------,----~---~--- ,---~abo~~ Employment Law Library 1010620 ~---,-... --.. -------.-.-.. ----~ r--N-D---SLG~~~L-';~~SA(j~;;;:;;;~~-R3-5"SubA;:;;;;-:Apr;12016-ID#-483o:Sm6oi"4"--"-"-'-"-'--"-"~-'--"-"-"----"'"---'"'-~-"---'--'-"--'-----©'2oi'6"L~;;;;N;;-;';-ATI-~'-9ht;-~~-";;;dOl !. __ , .... _ •. "",,, ... _" ___ ' •• _ ..... ,,0. __ "'_,_,", ... __ ' __ ' ___ ,, _____________ ~~,_~ ____ " .• -" ••• «_._~_'_", .• ~ __ .. , ___ .",. , ___ ."" __ " _. ____ " .. _."_,' ..... ", ."".,, ____ ,._ . _______ "-. ____ ,,.' ... " .. _. ~ __ ".' ",," _ .. <-___ •• , ".,_ ... _"I"~9.,,:."~ .. o.f} _,I News 1010610 Legal News 1011823 City Attorney Premium Library 1011966 o See attached Rider No.1 for additional Content & Features 3.2 During the Term, the premium features Shepard's Graphical and Research Map will be included at no additional charge 3.3 In exchange for access to the Lexis Advance Content, Feature and/or Service set forth above in Section 3.1, Subscriber will pay to LN the following amount (the "Monthly Commitment") during the periods set forth below. 15/1/17 to 4/30/18 1366 I 5/1118 to 4/30/19 1376 5/1119 to 4/30/20 3.4 During the Term, LN may make content and features available to Subscriber that are not included in the Lexis Advance Content described above which will be offered to Subscriber at an additional charge ("Alternate Materials") Subscriber will be under no obligation to access and use the Alternate Materials, or to incur additional fees beyond the Monthly Installment If Subscriber elects to access the Alternate Materials by initialing below, Subscriber will be notified that additional charges will apply before the Alternate Materials is displayed. If Subscriber proceeds to access the Alternate Materials, Subscriber will pay the then current, transactional charge(s) for the Alternate Materials that is displayed at the time of access Subscriber elects access to the Alternate Materials 3.5 Use of Lexis Advance under this Amendment is available to Subscriber and its Authorized Users (defined in the General Terms). 36 LN may temporarily suspend access to Lexis Advance until all unpaid amounts are paid in full No claims directly or indirectly related to this Amendment with respect to amounts billed or payments made under this Amendment may be initiated by Subscriber more than 6 months after such amounts were first billed to Subscriber 4. Closed Offer The prices and other terms are subject to change if Subscriber has not submitted a signed original or copy on or before 4/20/17. 5. Confidential Information Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person This Section 5 will survive the termination or expiration of this Amendment. 6. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of Lexis Advance through (a) Mandatory basic training in the use of Lexis Advance by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment. \-ND-·siG;~CL~~~~Ad~;~~~:-R3·5-S~'bA~;W;:-P;~2016·'i6iT483o-8379-60i4'·~·--'·---'-··"··--"'''-~'''··''··-·'·-··''·-''''''''~''··~·····''··-·©'2oi6'L·~;:;~N~~;~-''Ai[;;ghts;;;~~~~d'''l .• _ ... __ "'_ •• >c.' " •• _. __ ""'~_"r."'''''''''_' __ '' __ ~~.''''''''' __ ' __ ''''''''''.'. ____ '' ..... ___ ''' .• ~_._ ... ,.,_., _" •. ~. """ __ .'-' ___ "_,_"",,,.".' __ ._. . . .. '_." __ "._ '. .,,_~';l2~ ?,O~ 3--' 7. Miscellaneous This Amendment does not bind either party until it has been accepted by both parties. Subscriber may accept this Amendment by signing below. LN will accept this Amendment by providing Subscriber with access to Lexis Advance or by signing below. LEXISNEXIS WILL NOT ACCEPT ANY CHANGES, CORRECTIONS OR ADDITIONS TO THIS AMENDMENT UNLESS SUCH CHANGES ARE EXPRESSL Y ACCEPTED BY LN IN WRITING. SUCH CHANGES WILL HA VE NO LEGAL EFFECT. AGREED TO AND ACCEPTED BY: Subscriber: City Of South Miami [MUST BE COMPLETED BY SUBSCRIBER] Authorized Subscriber Signature: Printed Name: Job Title: Date: LexisNexis, a division of RELX Inc. [COMPLETED BY LEXISNEXIS] Authorized Signature: Name: Job Title: Date: t~ND~~SLG~vt~L';;;~Adva;;-c~~R:35'SubA';dAP~'12016-ID#4830~83'79~oM~~~~~~~~~~~~~~'~--~'~~~"~~~~~"~-~-'~©'201'6 Le:;~N~x~s Ail-~;g-h~'~;~;;;;;;;d"l L ,. ___ ~,_, ___ ,~" ___ ~ ___ ~ _____ ,~ ______ ~ __ ~_~ ____ ~_~ _________ ,~ __ ~_._~~_~_~_~~~_~~.~ ______ ~. _____ ~ __ ~~_~~_~~~'~_' __ ~_~~~. ___ ~_~ __ ~~_~~~~ ____ ~~ __ ~_~_~ __ ~~~ ____ .. ___ ._._~~S!e. ~ __ 5~!_~1 LexisNexis~ "Subscriber" Name: City Of South Miami Lexls Advance® Subscription Amendment for ~tatc/'-g ... 1 Government (Existing Subscriber Version) Account Number: 1.~O~OO~R~0~Y~4~6~ _______________________________________________ ~ "LNIt : LexisNexis, a division of RELX Inc. 1. Amendment . This Amendment ("Amendment") amends and supplements the terms of the Lexis Advance Subscription Agreement previously entered into between LexisNexis, a division of RELX Inc. ("LN") and Subscriber (the "~ubscription Agreemen.t"). This Amendment shall also serve as Subscriber's acceptance of the new General Terms and CondItions for Use of the Onhne Services effective September 1,2010 set forth at www.lexisnexis.com/terms/general. 2. Certification 2.1 Subscriber certifies that the number of government professionals in Subscriber's organization is as set forth below. ~ "Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who IS employed by the Subscriber. [ Number of Government Professional Users: 2.2 A "Support Staff User" is defined as a person who supports the Government Professional User, including, but not limited to: paralegals, interns, legal secretaries or other administrative support members. Up to 3 10's will be issued to support staff for each Government Professional User accounted for above. Support Staff Users will receive access at no additional charge. 2.3 Each LN 10 must be issued for individual use by the Government Professional User or Support Staff User. 2.4 If Subscriber, at the time of signing this Amendment has 11 or more Govemment Professional Users, then Subscriber is required to notify IN If the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN in writing. 2.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Amendment depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date Subscriber signs this Amendment there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (I) At LN's request from time to time, Subscriber will certify in writing the thenMcurrent Reference Number. (Ii) If there is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. 3. Lexls Advance Product and Charges 3.1 This Section 3 amends the Subscription Agreement with respect to the Lexls Advance® product offering described below. The term of Subscriber's commitment for the Lexis Advance product offering will begin upon the date Subscriber's billing account ("Account Number") is activated ("Activation") and will continue for the last period set forth in Section 3.3 below (the ·Committed Term"). Subscriber may not terminate this Amendment under Section 5.2 of the General Terms during the Committed Term. In addition, Subscriber may terminate this Amendment during the Committed Term for a material breach by LN that remains uncured for more than 30 days after LN receives written notice from Subscriber identifying a specific breach. If Subscriber terminates this Amendment pursuant to this Section, then Subscriber will pay all charges incurred up to the date of termination. Upon the expiration of the Committed Term, ail access to and use of Lexis Advance by Subscriber will be billed in accordance with the applicable then-current Price Schedule. Product 'National Primarv Plus ____ SKU Number Number of Users 1011510 ~ .-.------.-----1------------:::.:.-- L_N_ew_s _______________ -L-:.1 0=-1:-::0c::.6--'-'10~ ___ ~___ _ ___ ~ z..~ ____ ._. _____ ._ ND: SLGovl-LeKlsMv3nce·113.5·SubAmd·Sept2015 10# 4826<·0'168·6695 @ 2015 LexlsNexls. All rIghts reserved I PAOlA-1 nf ~ Legal News ~',- 1011823 ~, ~ Attorney Premium Librar:Y.-.. __ , -1011966 '2. Labor & Erl}oloY!l1ent Law Library 1010620 "-"'2: --- --.. -.--f---------- ---n See attached Rider No, 1 for additional Content & Features -- 3.2 During the Term, the premium features Shepard's Graphical and Research Map will be included at no additional charge. 3.3 In exchange for access to the Lexis Advance Content, Feature and/or Service set forth above in Section 3.1, Subscriber will pay to LN the following amount (the "Monthly Commitment") during the periods set forth below. , , , " ; ~ '.,. .: .',' .'.~,,:r ;'~>~' It'~':~:;' :.~ .7 :,~~ : ~!i·: ~~,~'~~::~;{~.:'.l ,~-: 'l~:·t(:~~~:',;~{:~:~·t;·;ift.(:t/~~~~~:~·:\~:~~:ri,~!-~\~t~~~!{1 ) .:. I; ~ ~ j , I " " 4/1/16 to 3/31/17 355 1--' ----- -- ------~----------~----------~ -----~. -- 3.4 During the Term, LN may make content and features available to Subscriber that are not included in the Lexis Advance Content described above which will be offered to Subscriber at an additional charge ("Alternate Materials"), Subscriber will be under no obligation to access and use the Alternate Materials, or to incur additional fees beyond the Monthly Installment. If Subscriber elects to access the Alternate Materials by initialing below, Subscriber will be notified that additional charges will apply before the Alternate Materials is displayed. If Subscriber proceeds to access the Alternate Materials, Subscriber will pay the then current, transactional charge(s) for the Alternate Materials that is displayed at the time of access. H.A. Subscriber elects access to the Alternate Materials 3.5 Use of Lexis Advance under this Amendment is available to Subscriber and its Authorized Users (defined in the General Terms). 3.6 LN may temporarily suspend access to Lexis Advance until all unpaid amounts are paid in full. No claims directly or indirectly related to this Amendment with respect to amounts billed or payments made under this Amendment may be initiated by Subscriber more than 6 months after such amounts were first billed to Subscriber. 4. Closed Offer The prices and other terms are subject to change if Subscriber has not submitted a signed original or copy on or before 03/20/2016. 5. Confidential Information Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 5 will survive the termination or expiration of this Amendment. 6. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of Lexis Advance through: (a) Mandatory basic training in the use of Lexis Advance by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train AuthoriZed Users; (c) Authorize the periodiC distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment. ND, SLGovt·LexlsAdvilnce·R3,Q·SubAmd·Sept2015 tDII4826"()76B-6695 11:)2015 LexisNexls. All rights reserved, Pa6~of3 ----- 7. Miscellaneous This Amendment does not bind either party until it has been accepted by both parties. Subscriber may accept this Amendment by signing below. LN will accept this Amendment by providing Subscriber with access to Lexis Advance or by signing below. LEXISNEX/S WILL NOT ACCEPT ANY CHANGES, CORRECTIONS OR ADDITIONS TO THIS AMENDMENT UNLESS SUCH CHANGES ARE EXPRESSL Y ACCEPTED BY LN IN WRITING. SUCH CHANGES WILL HAVE NO LEGAL EFFECT. AGREED TO AND ACCEPTED BY: Subscriber: City Of South Miami [MUST BE COMPLETED BY ~CRIBER] Authorized Subscriber Signature: ~~ = Printed Name: -~.i':,t. AeJt/tI'L Job Title: CI/'t '" -1"y 1/-, If,r- Date: 'j-2'if-lt lexlsNexls, a division of RELX Inc. ___ [COMPLETED BY LEXISNEXIS] Authorized Signature: Name: Job Title: ----- Date: ----~. --'--' --.. ~---I