ORDER NO. 31233 WEST LAW CONTRACT FOR KERR COUNTY JAIL Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve West Law Contract for Kerr County Jail, and authorize County Judge to sign same. ~,~3 COMMISSIONERS' COURT AGENDA REQUEST ~I~33 PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OP THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriff's Office MEETING DATE: March 9.2009 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action regarding West Law contract for Kerr County Jail. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Couri to assure that the matter is posted in accordance ~~~ith Title 5. Chapter ~~ I and 552, Goy°ernment Code. is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Cornmissioners' Coui°t. March 9, 2009 "I'O: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: West Law Contract Consider, discuss and take appropriate action regarding West Law Contract for Kerr County Jail. \~'EST ORDER FORM FOR LAW ENFORCEMENT AGENCIES AND CORRECTIONAL FACILITIES ONLY 610 Opperman Drive, P.O. Box 64833 St. Paul, MN 55164-1803 Tel ~ 651 /687-8000 TH~?MSC~N WEST Check West account status below as annkcable: Rep Name & Number CLARISSA CARTER, 30825 New (NAC[ Form attached) Existing with Increase Credit Limit (NACI Form attached) -- 7y Existing with no changes Existing with changes (Permanent name change must attach a Customer Name Change Form) ----- ~y ------------------------------------------------------ ------------------------------- - ---------------------------------------------` --- ---- - Acct # 1000665945 PO # Date, Feb-4-2009 A Name/Subscriber KERR COUNTY SHERIFF COMMISSARY 13111 To Acct # Order Confirmation Contact Name Cla Barton ~ E-Mail cbarton co.kerr.tx.us d Westlaw Password Contact Name (for password delivery) Clay Barton _ E-Mail cbarton@co.kerr.tx.us Permanent Address Change _ One-Time Ship To Additional Ship To Additional Bill To _ '~ Name Attn: z Address Suite/Floor ~''~ C City State __ __ County Zip -- _ ~y d Su}JSCCiI3CI' CertiSCatiOns (must be completed fur every order, including renewals) Subscriber by his/her initials below certifies and acknowledges understanding and acceptance of the security limits of Westlaw and Premise or othgt.~'Vest software (for CD-ROMIDVD or West Reporter DVD-Archival orders) and Subscriber's responsibility for contro~Wr~I-nternet and network access: ~ bscriber's [nitials. Functionality of Westlaw cannot and does not limit access to non-West Internet sites. It is the responsibilit~~ of °' ~,'`~~'~"'TCr-i1~erY5c control network access to the Internet or infernal correctional sites. By his/her initials, Subscriber acknowledges its ,, ~derstanding and acceptance of the security limits of Westlaw and Subscriber's responsibility for controlling Internet and network access . r' ~ Subscriber's Initials. Subscriber certifies that it shall be responsible for controlling netvork access to the Internet or internal Subscriber ,~_ sites. Subscriber agrees to provide its own firewall, proxy servers or other security technologies as well as desktop security to limit access to ~ tlaw URL and other West software (including CD-ROM/DVD or West Reporter DVD-Archival orders). Subscriber must design, configure and implement its own security configuration. ~ -subscriber's Initials. 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V d t"1 ~~ ~ / ~ ~C? ~'~ l {~J:'1~ ~ !~ ~'~'t~ ~~~ ' ~'~~ f T chnical Contact ( lease N , _ _ _.. _. . _ ~,_ p p ame o e i -- - - l ~ ' , Tele hone: ~~`~~~ ~` y~~`-' -- - - -- --- P :~-- ~~ ~ ~ -- ~ _ __ -- - -_ --- -- - ---- _ - - E-Mail Address: ~f f 1i1,1p'1i t~? /` P ~=t.~ a ~~l`~'- ~.r, ~S Current Account #: /' _ __. _________ _ __ __ Number of terminals which will be used for the Westlaw Correctional Facilities product: ~ _ Cl' X 7/I/OR 497. dot WestlawPROTM/CD-ROM Products Per Total Monthly WestlawPRO/ CD-ROM # of Pwds Mo. Banded/ User/Conc. WestlawPRO/CD Full Svc # Products Conc. CD Users Base Rate User Rate Other Cha es WL CORRECTIONAL ALL 40152837 PRIMARY WI KEYCITE 1 $867 -60°I° $346.80 Notes: Total Monthly Charges $ $346.80 Monthly WestlawPRO Charges and CD-ROM Charges are billed on the date West processes Subscriber's order and continue for a minimum of l2 months ("Minimum Term"). 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West's UVll Viewer and West's Re orter llVDs -Archival Locations Users FuII Svc# Products u to # u to # Qt • List Char es Other Char es 40647050'` NRS PDF Viewer with Westlaw access) 40647551 NRS PDF Viewer without Westlaw access) Notes: * For non-correctional and non-law enforcement customers only ** For correctional and law enforcement customers only "Cotal Charges $ 'Perms of Payment for UVD Products. ~4'est~s standard terms of pa}~ment for DVD products purchased arc net 30 days. ~~'est uui}~ elect to accept installment payments on the purchase price. Installment payment leans are $ per month plus tar for apprnsimatelc months until the purchase price, plus any additional amounts under this Order Form, is paid in full. 1. License. License Agreement for West's DVD Viewer and West's Reporter DVDs-Archival Products a. Grant. 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Online Products to be La sed Full Svc # Online Products # of Passwords 40014956 WL PRO PLUS ESSENTIALS ALL The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan, (for WestlawPRO products and/or CD-ROM Libraries products) individually or jointly, as applicable, ("Subscriber Agreement") is/are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber by his/her signature below, acknowledges his/her understanding and acceptance of the terms and condi ' e ubscrib8'r Agreement. Signature Date 3-9-2009 AUTHORIZED tESENTATIVE FOR ORDER FORM Printed Name Pat Tinley Title Kerr County Judge Date _ Signature For Credit Cmd`transactionson1y: Visa Master Card Am Ex Card # Expir. Date Total Amt. to Charge For Internal Use Only: CVM approval for Westlaw Correctional Facilities Order Form Signature Date O` 7/1/08 497.dot Printed Name Title O X 7/1/08 497. dot Subscriber Agreement for Westlaw® and CD-ROM Libraries AGREEMENT entered into between °Subscriber" as set forth on the West order form ("Order Form") and West, a Thomson Reuters business ("West"), regarding Westlaw andle CD-ROM Libraries, as follows: 1. Westlaw and CD-ROM Libraries. Subscriber may subscribe to Westlaw, West's computer assisted legal research service, via certain packaged Westlaw Schedule A price plans, and/or CD-ROM libraries ("Libraries") by submitting athen-current Order Form. All references herein to CD-ROM, CD-ROM Libraries a Libraries shall also include the DVD- ROM fortnaUmedia. All Library subscriptions shall include access ro Westlaw. 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By using the West Software (including each update) and taking such other action as may be referenced in the license agreement as carstituting acceptance, Substxiber agrees ro be bound by the terms and conditions of the accompanying license agreement If Subscriber does not so agree, Subscriber must return any tangible copies of the West Software in its possession a contrd. (b) westlaw.com. westlaw.com is an Internet-based service that provides access to Westlaw. West grants Substxiber a nar-exclusive, non-transferable, limited license to use westlaw.txxn (including all versions and updates). Subscriber may not reverse engineer, decompile, disassemble a otherwise attempt ro discern the source code of the components of westlaw.txxn, nor may Substxilra reproduce all or any portion of the t~mponents of westlaw.oom. Subskxiber may use Westlaw Data cached in Subscriber's local disk drive solely in support of its use of westlaw.com. Certain software used by Subscriber may not be capable of supporting westlaw.com. The performance of westlaw.com varies with the manufacturers' equipment with which it is used. 5. Charges and Modification of Charges. Charges payable fa access to Westlaw (°Westlaw Charges") will be as stated tm the Order Form and the applicable Schedule A or as otherwise agreed upon in writing by the parties. Westlaw Charges shall commence on the date Subscriber first accesses Westlaw a any Feature a as otherwise stated on the Schedule A e Order Form. Westlaw Charges may be modified upon at least 30 days prix notice ro Subscriber in writing a online a pursuant ro the terms stated on the Order Form (for the Monthly WestlawPRO Charges associated with the WestlawPRO products elected by Subscriber on the Order Fam). The charges currently payable by Subscriber fa each Library are as set forth on the Order Form ("CD-ROM Charges"). CD-ROM Charges also include, without limitation, charges for Library additions and Features introduced alter the effective date of this Agreement CD-ROM Charges will be determined by West and may be modified at any time without notice. Modification of any charges shall not be considered as an amendment to this Agreement that permits termination of this Agreement pursuant to paragraph 11 herein. All charges are exclusive of sales, use, value added tax (VAT) a equivalent, ad valeem, personal Property and other taxes, which are the responsibility of Subscriber. Subscriber will pay all invt>ices in full within 30 days from date of invoice. Ii full paymertt is not made, Subscriber may be charged up to the maximum legal interest on the unpaid balance. 6. Usage Restrictions. Subscriber shall not use any Data and shall not distribute any data to a third party fo use in a manner txMtrary to or in violation of any applicable federal, state, or local law, rule a regulation. West is not a consumer reporting agency, and Subscriber certifies that it will not use any Data as a fade in establishing a consumer's eligibility fe credit o insurance to be used primarily fo personal, family, a household purposes, fe employment purposes a fe any other purpose authored under section 1681b of the Fair Credit Reporting Ad (15 U.S.C.A. § 1681b). Subscriber acknowledges that access to certain Data available on Westlaw, including but not limited to credit header Data, mote vehicle Data, driver license Data, and voter registration Data is regulated by state a federal taws, such as the Gramm Leach Bliley Ad ("GLBA"), the Driver's Privacy Protection Ad ("DPPA'), a other state o federal laws and regulations, or is subject ro Contribute restrictions. Subscriber agrees not to access such Data for any purpose that is not allowed by the GLBA, by the DPPA, by any other applicable state a federal laws e 711 /08 SAMlnet 41. dot regulations, or that is contrary to Contributor restrictions. West retains the right to temporarily or permanently block access to certain Data if West, in its sole discretion, believes that the Data may be used for an improper purpose or otherwise in vitiation of the terms of this Agreement, or that the terms of West's Contributor agreements requires West to block such access. By accessing Data, Subscriber acknowledges that from time to time, West and its Contributors and/or various government entities may require Subscriber to identify a permissible use and may inquire as ro Subscriber's compliance with applicable laws a this Agreement Subscriber agrees to cooperate with any inquiry, subject ro any attorney-client confidentiality. Subscriber shall report to West any misuse, abuse, or compromise of Data of which Subscriber becomes aware. 7. West Legal Directory"". Subscriber may use Westlaw Data and CD-ROM Data contained in West Legal Directory ("WLD") internally in the regular course of Subscriber's business. Subscriber may also create printouts of insubstantial portions of Data consisting of individual WLD listings or selected names and addresses for its own use. Use of WLD to create mailing or marketing lists for canmerdal purposes or for distribution to third parties is prohibited. 8. Responsibility for Certain Matters. Subscriber may access Westlaw from additional Subscriber locations upon prior notice of such location. Subscriber is responsible for notifying West in wrrtng of persons to whom Westlaw passwords are to be issued or from whom passwords are to be revoked. Subscriber is solely responsible for maintaining security of Westlaw passwords. Subscriber is also responsible for all access to and use of Libraries, CD-ROM Data, CD-ROM Software, Westlaw, Westlaw Data, West Software and westlaw.corn (collectively the 'Deliverables") by Subscriber's personnel or Westlaw passwords, whether or not Subscriber has knowledge of or authorizes such access and use. 9. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE DELIVERABLES ARE PROVIDED °AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED T0, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FfTNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. SUBSCRIBER'S EXCLUSIVE REMEDY AND WEST'S AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR A.NY CLAIAR(S) FOR DAAI,AGES RELATING TO THE DELIVERABLES WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY SUBSCRIBER RELATIVE TO THE LIBRARY, WESTLAW FEATURE OR THE WEST SOFTWARE, AS APPLICABLE, 6NHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY WEST, OR ITS CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON WESTLAW DATA AND CD-ROM DATA; (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE ~, OR INABILITY TO USE, THE DELIVERABLES, EVEN IF WEST OR CONTRIBUTORS NAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING WESTLAW DATA AND CD-ROM DATA FURTHER WEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. NEITHER WEST NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO WESTLAW WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF WESTLAW.COM ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF WESTLAW DATA OR DAMAGE TO MEDIA 10. Limitation of Claims. Except for claims relating to Westlaw Charges or CD-ROM Charges, or improper use of the Deliverables, no claim, regardless of form, which in any way arises out of this Agreement may be made, nor adios based upon such claim brought under this Agreement more than one year after the basis for the claim becomes known ro the party desiring to assert it 11. Effect of Agreement This Agreement (which includes all applicable Order Forms, any Existing Wesflaw Agreement, current and future Schedules and Additional Terms, license agreements and the like) embodies the entire understand'mg between the parties with reseed to the subject matter of this Agreement and except as otherwise provided herein supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, West may amend the temrs and conditions of tha Agreement by giving Subscriber at least 30 days prior written a online notice. Any other amendment must be in wring and signed by both parties. 12. Term and Termination. This Agreement and each Order Form may not be terminated prior to a Minimum Term of one year after the date West processes this Agreement and that Order Form. In the event Subscriber requests a Minimum Term in excess of one year as set forth in the Order Form, this Agreement may not be terminated prior to the expiration of such Minimum Term. Upon expiration of the Minimum Term or any Renewal Term set forth in the Order Form, either party may terminate this Agreement by providing the other party 30 days prior written notice of such termination. Notwithstanding the foregdng, (i) West may terminate a Library subscription upon 30 days prior written ndice 'rF such Library is no longer oommerdally available; (iij Subscriber may terminate this Agreement immediately by giving written notice of termination after receiving notice of any amendment (as permitted under paragraphs 2(c) and 11), which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber; (iii) West may terminate this Agreement immediately upon giving written notice of termination to Subscriber if Subscriber cornmits a material breach of any obligation to West under any other agreement between the parties; (iv) West may terminate this Agreement immediately upon giving written notice of termination to Subscriber if West reasonably believes that Subscriber's use of Data violates any applicable law or regulation, this Agreement or may result in a risk to public safety, including but not limited to the safety of private individuals; and (v) either party may terminate this Agreement immediately upon giving written notice of termination to the other party if the other party commits a material breach of this Agreement. Upon termination of any Library subscription by either party, Subscriber shall immediately destroy the terminated Library(ies) and destroy all CD- ROM Data maintained on a permanent storage drive. Upon any termination of this Agreement, the West Software licenses shall also terminate. 13. Force Majeure. West's performance under this Agreement is subject ro interruption and delay due to causes beyond its reasonable contrd, such as ads of God, acts of any government, war or other hostility, clvil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 14. Notices. Except as otherwise provided in this Agreement, all notices must be given in writing to West at 610 Opperman Drive, P.O. Box 64833, St Paul, Minnesota 55164-0833, Attentlon: Customer Service, and ro Subscriber at the address on the Order Form. 15. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any da;m arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or othenaise transferred by Subscriber without West's prior written consent Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected. Failure of either party ro enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right ro enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof. West, as used herein, applies to West Publishing Corporation, Thomson Legal & Regulatory Applications Inc., West Services, Inc. and their affiliates. 16. Ideas and Concepts. Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that Subscriber provides ro West regarding Westlaw, westlaw.can or Westlaw Software or Libraries shall become the exclusive property of West and may be used for its business purpcees in its sde discretion without any payment, accounting, remuneration or attribution to Subscriber. 7/1/08 SAMlnet 41. dot Non-Availability of Funds Clause for Use with WestlawPRO Government Orders If the Subscriber fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to provide for the continuation of this Agreement and the Order Form, or if a lawful order issued in or for any fiscal year during the Term of this Agreement and the Order Form reduces the funds appropriated or authorized in such amounts as to preclude making the payments set out herein, this Agreement and the Order Form shall terminate on the date said funds are no longer available without any termination charges or other liability incurring to the Subscriber. The Subscriber shall certify and warrant in writing that sufficient funds have not been appropriated or authorized to continue this Amendment, and provide West notice not less than thirty (30) days prior to the date of cancellation. Non-Availability of Funds or failure to receive authorization for the expenditure of sufficient funds as used herein means a level of funding that results in less funding than that which was allocated to Subscriber in the immediately preceding fiscal year.