14077-CONTRACT- WEST PUBLISHING CORPORATION.DOC
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SERIAL 14077-CI ON LINE PUBLIC RECORDS AND LEGAL RESEARCH SERVICES
Contract - West Publishing Corporation
DATE OF LAST REVISION: February 18, 2015 CONTRACT END DATE: February 28, 2020
CONTRACT PERIOD THROUGH FEBRUARY 28, 2020
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for ON LINE PUBLIC RECORDS AND LEGAL RESEARCH SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on February 18, 2015.
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Office of Procurement Services
AS/mm
Attach
Copy to: Office of Procurement Services
Jennifer Anderson-Romero and John Garcia County Attorney
Ken Stahli, Elections
Melody Henderson, Government Relations and Communications
Valerie Lerma, Law Library
Amie Bristol and Sue Malinowsky, MCSO
Karen Render and Sherri Boczar, Office of Legal Advocate
Anna Riddle and Michael Jones, Office of Legal Defender
Christina Phillis and Sharon Neill, Office of the Public Advocate
Stephanie McMillen and Merri Plummer, Office of the Public Defender
David Jones, Public Defenders Office
Jennifer Murray, Superior Court Law Library
Michael Cora and Anthony Galindo, Public Health
(Please remove Serial 07141-RFP from your contract notebooks)
CONTRACT PURSUANT TO COMPETITION
IMPRACTICABLE
SERIAL 14077-CI
This Contract is entered into this 18th day of February, 2015 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and West Publishing Corporation, doing business as West, a Thomson
Reuters business, a Minnesota corporation (“Contractor”) for the purchase of on-line public records and legal
research services, transactional and litigation software solutions, and hosted practice technology services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of five (5) years, beginning on the 18th day of February, 2015 and
ending the 28th day of February, 2020.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of five (5) years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least thirty (30) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
2.0 FEE ADJUSTMENTS:
This contract provides predetermined pricing for each year of the contract and of the additional five year
option. Any request for any additional fee adjustments for additional products must be submitted sixty (60)
days prior to the current Contract expiration date. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue
written approval of the change. The reasonableness of the request will be determined by comparing the
request with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
Company name, address and contact
County bill-to name and contact information
Contract serial number (14077-CI)
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County purchase order number
Invoice number and date
Payment terms
Date of service
Quantity/number of users
Contract Item number(s)
Description of service provided
Pricing per unit of service
Extended price
Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
3.3.2.1 Questions regarding billing or invoicing shall be directed to the Contractor’s
Customer Service Department at 1-800-328-4880 or online at
http://legalsolutions.thomsonreuters.com/law-products/customer-service/contact
-us.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminates its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least
thirty (30) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing
by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
6.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
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from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the Contractor’s gross
negligence or malfeasance relating to the performance of this Contract. In no event shall
either party, its affiliates and/or contributors be liable to the other for any lost profits or
other consequential, exemplary, incidental, or special dames relating in whole or in part
to the party’s rights under the Contract even if the party, its affiliates and/or contributors
have been advised of the possibility of such damages.
6.1.2 The Contractor shall defend or settle, indemnify and hold harmless the County from and
against any claims that the Data Software, as provided to County under this Agreement,
infringes any United States copyright, patent, trademark or trade secret of any third party;
provided, however, that County’s use of the product must be in accordance with the terms
of this Contract and its Exhibits, including the applicable product Subscriber Agreement;
provided further that County must promptly notify the Contractor in writing of any such
claim or cause of action; and provided further that the contractor shall have sole control
of the defense or settlement of any action and of any negotiations relating thereto.
6.1.3 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the negligence or malfeasance of County.
6.2 INSURANCE:
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of
Contractor’s obligations under this Contract.
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6.2.7 The insurance policies required by this Contract, except Workers’ Compensation, and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insured’s.
6.2.8 The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
6.2.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
6.2.10 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services under this Contract.
6.2.11 Workers’ Compensation:
6.2.11.1 Workers’ Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this Contract; and Employer’s
Liability insurance of not less than $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
6.2.11.2 Contractor waives all rights against County and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor pursuant to
this Contract.
6.2.12 Errors and Omissions Insurance:
Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance,
which will insure and provide coverage for errors or omissions of the Contractor, with
limits of no less than $2,000,000 for each claim.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to commencing work or services under this Contract, Contractor shall
furnish the County with valid and complete certificates of insurance, or formal
endorsements as required by the Contract in the form provided by the County,
issued by Contractor’s broker, as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
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and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without insurers endeavoring to provide thirty (30) days prior written notice to
the County.
6.3 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
West Publishing Corporation
Customer Contract Management
Attn: Kris Wendorff, Contracts Counsel
610 Opperman Drive D5-S501
Eagan, MN 55123
Kris.wendorff@thomsonreuters.com
651-687-4391
6.4 REQUIREMENTS CONTRACT:
6.4.1 Contractor signifies its understanding and agreement by signing this document that this
Contract is a requirements contract. This Contract does not guarantee any purchases will
be made (minimum or maximum). Orders will only be placed when County identifies a
need and issues a purchase order or a written notice to proceed.
6.4.2 County reserves the right to cancel purchase orders or notice to proceed within a
reasonable period of time after issuance. Should a purchase order or notice to proceed be
canceled, the County agrees to reimburse the Contractor for actual and documented costs
incurred by the Contractor. The County will not reimburse the Contractor for any
avoidable costs incurred after receipt of cancellation, or for lost profits, or shipment of
product or performance of services prior to issuance of a purchase order or notice to
proceed.
6.5 TERMINATION FOR CONVENIENCE:
The County reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the County without penalty or recourse. Upon receipt of the written notice,
the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors
of the effective date of the termination and minimize all further costs to the County. The
Contractor shall be entitled to receive just and equitable compensation for work in progress, work
completed and materials accepted before the effective date of the termination.
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6.6 TERMINATION FOR DEFAULT:
6.6.1 In addition to the rights reserved in the Contract, the County may terminate the Contract
in whole or in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance policies, bonds,
licenses and permits, or to make satisfactory progress in performing the Contract. The
Procurement Officer shall provide a detailed written notice of the default to the
Contractor. Contractor shall have fifteen (15) days to cure the default to the satisfaction
of the Procurement Officer. If Contractor fails to do so, the Procurement Officer may
immediately terminate the contract by written notice.
6.6.2 Except property owned by Contractor through copyright and/or licensed to the County
and its researchers through this Contract, upon termination under this paragraph, all
goods, materials, documents, data and reports prepared by the Contractor under the
Contract shall become the property of and be delivered to the County on demand.
6.6.3 The Contractor shall continue to perform, in accordance with the requirements of the
Contract, up to the date of termination, as directed in the termination notice.
6.7 TERMINATION BY THE COUNTY:
If either party should be adjudged bankrupt or should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on account of its insolvency, the other party may
terminate the Contract. If either party persistently disregards laws and ordinances, or fails to
proceed with work or otherwise be guilty of a substantial violation of any provision of this
Contract, then the other party may terminate the Contract. Prior to termination of the Contract, the
other party shall give the breaching party fifteen (15) calendar day’s written notice. Upon receipt
of such termination notice, the breaching party shall be allowed fifteen (15) calendar days to cure
such deficiencies.
6.8 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S §38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.9 OFFSET FOR DAMAGES;
In addition to all other remedies at law or equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance under this contract.
6.10 ADDITIONS/DELETIONS OF SERVICE:
6.10.1 The Parties reserve the right to add and/or delete materials to a Contract. If a service
requirement is deleted, payment to the Contractor will be modified; the price reduction
will be determined through good faith negotiations. If additional materials are required
from a Contract, prices for such additions will be negotiated between the Contractor and
the County.
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6.11 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, partnership, principal and agent, or joint venture
between the District and the Contractor.
6.12 SUBCONTRACTING:
The Contractor may not assign this Contract or subcontract to another party for performance of the
terms and conditions hereof without the written consent of the County, which shall not be
unreasonably withheld. All correspondence authorizing subcontracting must reference the
Proposal Serial Number and identify the job project.
Notwithstanding the foregoing, the Contractor may, upon written notice to the County, assign or
transfer this contract or any rights and obligations hereunder either to an affiliate or to a third party
successor to all or substantially all of the business, stock or assets of the Contractor, in each case,
subject to the County concurring with the assignment.
6.13 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
6.14 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.14.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
6.14.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.14.3 If it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. If
the disallowed cost is not in dispute and the Contractor was notified by the County within
twelve (12) months of the end of the Contract, the Contractor will reimburse the
disallowed amount to the County by check payable to Maricopa County.
6.15 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.16 RIGHTS IN DATA:
The County shall have the use of all data and reports resulting from this Contract without
additional cost or other restriction except as provided by the applicable subscriber agreement or by
law.
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6.17 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.18 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.18.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). If
the contractor provides services under this contract by use of a subcontractor, the
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer on request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
6.18.2 The Contractor will regularly review compliance with all federal immigration laws and
regulations that relate to its employees and compliance with A.R.S. §23-214 (A). The
Contractor will certify the results of its review to the County upon request at the
Contractor’s expense. Unless otherwise prohibited by federal law, if the County is not
satisfied with the Contractor’s certification for any reason the County retains the legal
right to inspect the records of the Contractor’s employees performing work in Arizona
under this Contract to verify compliance with paragraph [above] of this Section. Contractor
shall be given reasonable notice of the County’s intent to inspect and shall make the
documents available at the time and date specified. Should the County find that the
Contractor are not in compliance, the County will consider this a material breach of the
contract that is subject to penalties up to and including termination of the contract. The
County shall not deem the Contractor in material breach of contract if the Contractor
establishes that it has complied with the employment verification provisions prescribed
by sections 274a and 274b of the federal immigration and nationality act and the e-verfiy
requirements prescribed by section 23-214, subsection A.
6.19 CONTRACTOR LICENSE REQUIREMENT:
6.19.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
6.20 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.20.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor and its principals:
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6.20.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.20.1.2 have not within 3-year period preceding this Contract been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
6.20.1.3are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.20.1.4 have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
6.20.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
6.20.3 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
6.21 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.22 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.22.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.22.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.23 PUBLIC RECORDS:
All Offers submitted and opened are public records and must be retained by the Records Manager
at the Office of Procurement Services. Offers shall be open to public inspection after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information and submit a statement with
its offer detailing the reasons that the information should not be disclosed. Such reasons shall
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include the specific harm or prejudice which may arise. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
6.24 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.24.1 Exhibit A, Pricing;
6.24.2 Exhibit B, Scope of Work; and
6.24.3 Exhibit C, Subscriber Agreement(s).
6.25 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if
applicable, the terms of this Contract shall prevail. In the event of a conflict in the provisions of
this Contract and the Exhibits, the order of precedence for purposes of interpretation is as follows:
6.25.1 The Contract
6.25.2 Exhibit C Subscriber Agreements
6.25.3 Exhibit B Scope of Work
6.25.4 Exhibit A Pricing
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EXHIBIT A
PRICING
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NIGP CODE: 95670
RESPONDENT'S NAME: West Publishing Corporation
COUNTY VENDOR NUMBER : W000001926
ADDRESS: 610 Opperman Drive
Eagan, MN 55123
P.O. ADDRESS:
TELEPHONE NUMBER: 800-328-4880
FACSIMILE NUMBER: 800-340-9378
WEB SITE: www.legalsolutions.thomsonreuters.com
CONTACT (REPRESENTATIVE): For training and account management inquiries: For contract-related questions:
REPRESENTATIVE'S E-MAIL ADDRESS: Kay Engler, Esq., Govt Account Rep Kris Wendorff
480-275-0875 Contracts Counsel
kay.engler@thomsonreuters.com 651-687-4391 x42254
kris.wendorff@thomsonreuters.com
For sales inquires:
Michael R. Toolson
480.786.5613
Mike.toolson@thomsonreuters.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X
WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: X %
(Payment shall be made within 48 hours of utilizing the Purchasing Card
RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING PAYMENT TERMS.
FAILURE TO INDICATE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
RESPONDENT MUST INITIAL THEIR SELECTION BELOW.
[ X] NET 30 DAYS
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West Price Schedule—Master Price Agreement
West Publishing Corporation (dba West, a Thomson Reuters business – hereinafter “West”) is the foremost provider of integrated
information solutions to the U.S. legal market. West has been providing legal, government, law enforcement, and information
professionals the highest-quality legal, news, business, public records, and law enforcement information, and the most innovative
technology solutions and tools to manage it, for more than 140 years.
WEST CONTENT OFFERINGS
Recognizing that Maricopa county agencies have diverse and unique online information research and solutions needs, West offers an
extensive variety of plans and packages, thus providing purchasing agencies with maximum flexibility to pick and choose the plan
and/or package that is best suited to their specific end users’ needs. West’s Master Price Agreement provides for five (5) different
pricing plans:
Plan 1—Legal Research. This plan provides purchasing agencies the ability to pick and choose from seven (7) different
commonly requested legal research packages (Plans 1A-1G). Agencies may supplement these core legal research packages by
choosing additional content from a select list of optional separately priced add-on libraries (see page 17).
Plan 2—Law Enforcement and Investigative Research. This plan provides access to CLEAR content sets for law enforcement
personnel and investigators.
Plan 3—Solutions. This plan provides access to a powerful suite of technology solutions designed specifically to help
government legal professionals work more efficiently and more productively. These products can be used separately or integrated
into other West products to form a robust set of tools.
Plan 4—Print. This plan provides for a print discount off of new print purchases.
Plan 5—Custom Packages. The custom packages offered as part of this plan recognize that Maricopa county agencies may have
diverse and unique needs that cannot be met by the pre-packaged content sets provided by West’s Plans 1-4. These custom
packages provide maximum flexibility to purchase custom packages of online information, print, and solutions that are
specifically tailored to the unique research needs of individual agencies and end users.
Descriptions of the content included for each Plan and each optional add-on are provided beginning on page 24 of this price proposal.
PRICING
West’s content offerings provide purchasing agencies with cost-effective pricing for access to an extensive variety of packages of
online information research content and solutions. Detailed pricing for each plan begins on page of this proposal.
Given the extensive variety of Plans and packages available, it may be helpful to speak to a West representative who is specifically-
trained to assess your agency’s unique needs. To discuss content and price plans best suited to your agency’s needs; please contact
Mike Toolson (480.786.5613, mike.toolson@thomsonreuters.com) or Kay Engler (480.275.0875, kay.engler@thomsonreuters.com).
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Plan 1—Legal Research (Per Password)
This plan provides purchasing agencies the ability to pick and choose from seven (7) different commonly requested legal research
packages (Plans 1A-1G):
Plan 1A. Arizona State Primary
Plan 1B. Arizona State Primary and Arizona Analytical
Plan 1C. Arizona State Primary, Arizona Analytical, and Arizona State Briefs
Plan 1D. National Primary
Plan 1E. National Primary and Arizona Analytical
Plan 1F. National Primary, Arizona Analytical, & Arizona State Briefs
Plan 1G. Westlaw Core
Agencies may supplement these core legal research packages by choosing additional content from a select list of optional separately
price add-on libraries, including the following:
PeopleMap Premier Corpus Juris Secundum (CJS)
All Analytical Library AZ Briefs Plus
AZ Pleadings, Motions, and Memoranda Library AZ Legislative History
ALR, All AMJUR, and CJS Law Reviews and Journals
AZ Analytical RegulationsPlus
American Law Reports (ALR) Municipal Practitioner Core
American Jurisprudence 2d (AMJUR) NewsRoom
Descriptions of the content included for each plan and each optional add-on are provided beginning on page 24 of this price proposal.
1A. ARIZONA STATE PRIMARY
Plan 1A—State Primary (Monthly Per User Per Agency Location Pricing)4
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $46 $47 $49 $51 $53 $55 $58 $61 $64 $67
26-50 $44 $45 $47 $49 $51 $53 $56 $58 $61 $64
51-100 $42 $43 $45 $46 $49 $51 $53 $56 $59 $62
101-150 $40 $41 $42 $44 $46 $48 $51 $53 $56 $59
151-200 $38 $39 $40 $42 $44 $46 $48 $50 $53 $56
201 + $36 $37 $38 $40 $42 $43 $46 $48 $50 $53
1B. ARIZONA STATE PRIMARY AND ARIZONA ANALYTICAL
Plan 1B—State Primary and Analytical (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $62 $64 $66 $68 $72 $76 $79 $83 $88 $92
26-50 $59 $61 $63 $65 $68 $71 $75 $78 $82 $86
51-100 $56 $58 $59 $62 $65 $68 $72 $75 $79 $83
101-150 $53 $55 $56 $58 $61 $64 $67 $70 $74 $78
151-200 $50 $52 $53 $55 $58 $61 $64 $67 $70 $74
201 + $48 $49 $51 $53 $56 $59 $62 $65 $68 $71
1C. ARIZONA STATE PRIMARY, ARIZONA ANALYTICAL, AND ARIZONA STATE BRIEFS
Plan 1C—State Primary, Analytical, and Briefs (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $72 $74 $76 $79 $83 $87 $92 $96 $101 $106
26-50 $69 $71 $73 $76 $80 $84 $88 $93 $97 $102
51-100 $66 $68 $70 $73 $76 $80 $84 $88 $92 $97
101-150 $62 $64 $66 $68 $72 $76 $79 $83 $88 $92
151-200 $59 $61 $63 $65 $68 $71 $75 $79 $83 $87
201 + $56 $58 $59 $62 $65 $68 $72 $75 $79 $83
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1D. NATIONAL PRIMARY
Plan 1D—National Primary (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $83 $85 $88 $92 $96 $101 $106 $111 $117 $123
26-50 $79 $81 $84 $87 $92 $97 $101 $107 $112 $117
51-100 $75 $77 $80 $83 $87 $91 $96 $101 $106 $111
101-150 $71 $73 $75 $78 $82 $86 $90 $95 $100 $105
151-200 $68 $70 $72 $75 $79 $83 $87 $91 $96 $101
201 + $64 $66 $68 $71 $74 $78 $82 $86 $90 $94
1E. NATIONAL PRIMARY AND ARIZONA ANALYTICAL
Plan 1E—National Primary and State Analytical (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $97 $100 $103 $107 $112 $118 $123 $130 $136 $143
26-50 $94 $97 $100 $104 $109 $114 $120 $126 $132 $139
51-100 $89 $92 $94 $98 $103 $108 $114 $119 $125 $131
101-150 $85 $88 $90 $94 $98 $103 $108 $113 $119 $125
151-200 $81 $83 $86 $89 $94 $99 $104 $109 $114 $120
201 + $77 $79 $82 $85 $89 $93 $98 $103 $108 $114
1F. NATIONAL PRIMARY, ARIZONA ANALYTICAL, AND ARIZONA STATE BRIEFS
Plan 1F—National Primary, State Analytical, and State Briefs (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $107 $110 $114 $118 $124 $130 $137 $144 $151 $158
26-50 $104 $107 $110 $115 $120 $126 $132 $139 $146 $153
51-100 $99 $102 $105 $109 $115 $121 $127 $133 $140 $147
101-150 $94 $97 $100 $104 $109 $114 $120 $126 $132 $139
151-200 $89 $92 $94 $98 $103 $108 $114 $119 $125 $131
201 + $85 $88 $90 $94 $98 $103 $108 $113 $119 $125
1G. WESTLAW CORE
Plan 1G Westlaw Core (Monthly Per User Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-25 $128 $132 $136 $141 $148 $155 $163 $171 $180 $189
26-50 $125 $129 $133 $138 $145 $152 $160 $168 $176 $185
51-100 $119 $123 $126 $131 $138 $145 $152 $160 $168 $176
101-150 $113 $116 $120 $125 $131 $138 $144 $152 $159 $167
151-200 $107 $110 $114 $118 $124 $130 $137 $144 $151 $158
201 + $102 $105 $108 $113 $118 $124 $130 $137 $143 $151
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PLAN 1—OPTIONAL ADD-ON CONTENT
If an agency selects a Plan 1 Legal Research package (1A-1G), the following optional separately price add-on libraries are available.
For any add-ons selected by the agency, the corresponding monthly per user charge will be added to the Legal Research package
charge.
Plan 1A –Plan 1G - Optional Add-On Content (Monthly Per User Per Agency Location Pricing)
Library Name Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
PeopleMap Premier $74 $76 $79 $82 $86 $89 $91 $95 $100 $105
All Analytical $23 $24 $25 $26 $27 $28 $29 $30 $31 $33
AZ PMM $20 $21 $22 $23 $24 $25 $26 $27 $28 $29
ALR, All AMJUR, and CJS $18 $19 $20 $21 $22 $23 $24 $25 $26 $27
AZ Analytical $18 $19 $20 $21 $22 $23 $24 $25 $26 $27
American Law Reports $17 $18 $19 $20 $21 $22 $23 $24 $25 $26
AMJUR 2d $15 $16 $17 $18 $19 $20 $21 $22 $23 $24
Corpus Juris Secundum $15 $16 $17 $18 $19 $20 $21 $22 $23 $24
AZ Briefs Plus $15 $16 $17 $18 $19 $20 $21 $22 $23 $24
AZ Legislative History $13 $14 $15 $16 $17 $18 $19 $20 $21 $22
Law Reviews and Journals $11 $12 $13 $14 $15 $16 $17 $18 $19 $20
RegulationsPlus $9 $10 $11 $12 $13 $14 $15 $16 $17 $18
Municipal Practitioner Core $8 $9 $10 $11 $12 $13 $14 $15 $16 $17
NewsRoom $5 $6 $7 $8 $9 $10 $11 $12 $13 $14
Practical Law All $273 $281 $290 $301 $316 $332 $349 $366 $384 $404
All Cases and Statutes $206 $212 $219 $227 $239 $251 $263 $276 $290 $305
Legal Research $33 $34 $35 $36 $38 $40 $42 $44 $46 $49
Related Documents $33 $34 $35 $36 $38 $40 $42 $44 $46 $49
General Counsel $31 $32 $33 $34 $36 $38 $40 $42 $44 $46
Employment and HR $31 $32 $33 $34 $36 $38 $40 $42 $44 $46
PastStat Locator $26 $27 $28 $29 $30 $32 $33 $35 $37 $38
National Secondary $24 $25 $26 $27 $28 $29 $31 $32 $34 $35
Forms Library $16 $17 $18 $19 $20 $21 $22 $23 $24 $25
State Trial Court Orders $16 $17 $18 $19 $20 $21 $22 $23 $24 $25
Legislative History $13 $14 $15 $16 $17 $18 $19 $20 $21 $22
Profiler All $11 $12 $13 $14 $15 $16 $17 $18 $19 $20
Graphical Statutes $8 $9 $10 $11 $12 $13 $14 $15 $16 $17
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Plan 2—Law Enforcement & Investigative Research (Per Password)
Descriptions of the content included for each plan are provided beginning on page 35 of this price proposal.
2A. CLEAR BASIC
2A. CLEAR Basic (Monthly Charge Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1 $79 $81 $84 $87 $92 $95 $98 $102 $107 $112
2 $137 $141 $145 $151 $159 $164 $169 $175 $184 $193
3 $182 $187 $193 $201 $211 $217 $224 $233 $244 $257
4 $239 $246 $254 $264 $277 $285 $294 $306 $321 $337
5 $290 $299 $308 $320 $336 $346 $356 $371 $389 $409
6-7 $415 $427 $440 $458 $481 $495 $510 $531 $557 $585
8-10 $557 $574 $591 $615 $645 $664 $684 $712 $747 $785
11-15 $668 $688 $709 $737 $774 $797 $821 $854 $897 $942
16-20 $870 $896 $923 $960 $1,008 $1,038 $1,069 $1,112 $1,168 $1,226
21-25 $1,048 $1,079 $1,112 $1,156 $1,214 $1,250 $1,288 $1,339 $1,406 $1,477
26-30 $1,239 $1,276 $1,314 $1,367 $1,435 $1,478 $1,522 $1,583 $1,662 $1,746
31-35 $1,410 $1,452 $1,496 $1,556 $1,633 $1,682 $1,732 $1,802 $1,892 $1,986
36-40 $1,611 $1,659 $1,709 $1,777 $1,866 $1,922 $1,980 $2,059 $2,162 $2,270
41-45 $1,691 $1,742 $1,794 $1,866 $1,959 $2,018 $2,078 $2,161 $2,270 $2,383
46-50 $1,859 $1,915 $1,972 $2,051 $2,154 $2,219 $2,285 $2,377 $2,495 $2,620
51-55 $2,066 $2,128 $2,192 $2,279 $2,393 $2,465 $2,539 $2,640 $2,772 $2,911
56-60 $2,188 $2,254 $2,321 $2,414 $2,535 $2,611 $2,689 $2,797 $2,937 $3,084
61-65 $2,333 $2,403 $2,475 $2,574 $2,703 $2,784 $2,868 $2,982 $3,131 $3,288
66-70 $2,513 $2,588 $2,666 $2,773 $2,911 $2,998 $3,088 $3,212 $3,372 $3,541
71-75 $2,651 $2,731 $2,812 $2,925 $3,071 $3,163 $3,258 $3,388 $3,558 $3,736
76-80 $2,784 $2,868 $2,954 $3,072 $3,225 $3,322 $3,421 $3,558 $3,736 $3,923
81-85 $2,818 $2,903 $2,990 $3,109 $3,265 $3,363 $3,464 $3,602 $3,783 $3,972
86-90 $2,884 $2,971 $3,060 $3,182 $3,341 $3,441 $3,544 $3,686 $3,871 $4,064
91-95 $2,940 $3,028 $3,119 $3,244 $3,406 $3,508 $3,613 $3,758 $3,946 $4,143
96-100 $3,039 $3,130 $3,224 $3,353 $3,521 $3,627 $3,735 $3,885 $4,079 $4,283
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2B. CLEAR ADVANCED
2B. CLEAR Advanced (Monthly Charge Per Agency Location Pricing)
# of Users Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1 $174 $179 $185 $192 $202 $208 $214 $223 $234 $246
2 $298 $307 $316 $329 $345 $355 $366 $381 $400 $420
3 $393 $405 $417 $434 $455 $469 $483 $502 $527 $553
4 $510 $525 $541 $563 $591 $609 $627 $652 $685 $719
5 $615 $633 $652 $679 $712 $733 $755 $786 $825 $866
6-7 $791 $815 $839 $873 $916 $943 $972 $1,011 $1,061 $1,114
8-10 $1,053 $1,085 $1,117 $1,162 $1,220 $1,257 $1,294 $1,346 $1,413 $1,484
11-15 $1,359 $1,400 $1,442 $1,499 $1,574 $1,621 $1,670 $1,737 $1,823 $1,915
16-20 $1,755 $1,808 $1,862 $1,936 $2,033 $2,094 $2,157 $2,243 $2,355 $2,473
21-25 $2,096 $2,159 $2,224 $2,313 $2,428 $2,501 $2,576 $2,679 $2,813 $2,953
26-30 $2,499 $2,574 $2,651 $2,757 $2,895 $2,982 $3,071 $3,194 $3,354 $3,522
31-35 $2,822 $2,907 $2,994 $3,114 $3,269 $3,367 $3,468 $3,607 $3,787 $3,977
36-40 $3,205 $3,301 $3,400 $3,536 $3,713 $3,824 $3,939 $4,097 $4,302 $4,517
41-45 $3,354 $3,455 $3,558 $3,701 $3,886 $4,003 $4,123 $4,288 $4,502 $4,727
46-50 $3,652 $3,762 $3,874 $4,029 $4,231 $4,358 $4,489 $4,668 $4,902 $5,147
51-55 $3,881 $3,997 $4,117 $4,282 $4,496 $4,631 $4,770 $4,961 $5,209 $5,469
56-60 $4,110 $4,233 $4,360 $4,535 $4,761 $4,904 $5,051 $5,253 $5,516 $5,791
61-65 $4,520 $4,656 $4,795 $4,987 $5,236 $5,393 $5,555 $5,777 $6,066 $6,369
66-70 $4,723 $4,865 $5,011 $5,211 $5,472 $5,636 $5,805 $6,037 $6,339 $6,656
71-75 $4,982 $5,131 $5,285 $5,497 $5,772 $5,945 $6,124 $6,368 $6,687 $7,021
76-80 $5,230 $5,387 $5,549 $5,770 $6,059 $6,241 $6,428 $6,685 $7,019 $7,370
81-85 $5,292 $5,451 $5,614 $5,839 $6,131 $6,315 $6,504 $6,765 $7,103 $7,458
86-90 $5,417 $5,580 $5,747 $5,977 $6,276 $6,464 $6,658 $6,925 $7,271 $7,634
91-95 $5,521 $5,687 $5,857 $6,092 $6,396 $6,588 $6,786 $7,057 $7,410 $7,780
96-100 $5,707 $5,878 $6,055 $6,297 $6,612 $6,810 $7,015 $7,295 $7,660 $8,043
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Plan 3—Solutions
SOLUTIONS
West provides access to a powerful suite of technology solutions designed specifically to help government legal professionals work
more efficiently and more productively. These products can be used separately or integrated into other West products to form a robust
set of tools (see Plans 1A-1G and Plan 5).
This plan provides purchasing agencies the ability to pick and choose from several different packages of solutions products:
PLAN 3 Solutions (Monthly Per User Per Agency Location Pricing)
Library Name Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
Case Analysis Bundle $50 $52 $53 $55 $58 $60 $62 $64 $67 $71
Case Analysis Premier $74 $76 $79 $82 $86 $89 $91 $95 $100 $105
Drafting Assistant w/ Research Only $57 $59 $60 $63 $66 $68 $70 $73 $76 $80
Drafting Assistant – Transactional $50 $52 $53 $55 $58 $60 $62 $64 $67 $71
Drafting Assistant
Litigation/Transactional Bundle $97 $100 $103 $107 $112 $115 $119 $124 $130 $136
Case Analysis with Drafting $74
Assistant $76 $79 $82 $86 $89 $91 $95 $100 $105
Case Analysis Premier with $99
Drafting Assistant $102 $105 $109 $115 $118 $122 $127 $133 $140
CaseLogistix* $63 $65 $67 $70 $73 $75 $77 $81 $85 $89
Case Production $91 $94 $97 $100 $105 $108 $111 $116 $122 $128
West km Government Express $66 $68 $70 $73 $76 $78 $81 $84 $88 $92
*Must also purchase Case Production for at least one user.
Descriptions of the content included for each solution are provided beginning on page 35 of this price proposal.
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CONCOURSE
PLAN 3 Concourse Matter Room for Government (Monthly Charge Per Agency Pricing)
# of Seats Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-2 $485 $500 $515 $535 $562 $579 $596 $620 $651 $684
3-5 $875 $901 $928 $965 $1,014 $1,044 $1,076 $1,119 $1,175 $1,233
6-10 $1,285 $1,324 $1,363 $1,418 $1,489 $1,534 $1,580 $1,643 $1,725 $1,811
11-20 $1,800 $1,854 $1,910 $1,986 $2,085 $2,148 $2,212 $2,300 $2,415 $2,536
16-20 $2,225 $2,292 $2,361 $2,455 $2,578 $2,655 $2,735 $2,844 $2,987 $3,136
21-25 $2,575 $2,652 $2,732 $2,841 $2,983 $3,072 $3,165 $3,291 $3,456 $3,629
26-30 $2,825 $2,910 $2,997 $3,117 $3,273 $3,371 $3,472 $3,611 $3,792 $3,981
31-35 $3,000 $3,090 $3,183 $3,310 $3,476 $3,580 $3,688 $3,835 $4,027 $4,228
36-40 $3,155 $3,250 $3,347 $3,481 $3,655 $3,765 $3,878 $4,033 $4,234 $4,446
41-50 $3,445 $3,548 $3,655 $3,801 $3,991 $4,111 $4,234 $4,403 $4,624 $4,855
51-60 $3,725 $3,837 $3,952 $4,110 $4,315 $4,444 $4,578 $4,761 $4,999 $5,249
61-80 $4,300 $4,429 $4,562 $4,744 $4,982 $5,131 $5,285 $5,497 $5,772 $6,060
81-100 $4,870 $5,016 $5,167 $5,373 $5,642 $5,811 $5,986 $6,225 $6,536 $6,863
101-150 $6,300 $6,489 $6,684 $6,951 $7,299 $7,518 $7,744 $8,053 $8,456 $8,879
151-200 $7,730 $7,962 $8,201 $8,529 $8,955 $9,224 $9,500 $9,880 $10,374 $10,893
201-250 $9,155 $9,430 $9,713 $10,101 $10,606 $10,924 $11,252 $11,702 $12,287 $12,901
251-300 $10,585 $10,903 $11,230 $11,679 $12,263 $12,631 $13,010 $13,530 $14,207 $14,917
301-400 $13,440 $13,843 $14,258 $14,829 $15,570 $16,037 $16,518 $17,179 $18,038 $18,940
401-500 $16,300 $16,789 $17,293 $17,984 $18,884 $19,451 $20,034 $20,835 $21,877 $22,971
501-600 $19,160 $19,735 $20,327 $21,140 $22,197 $22,863 $23,549 $24,491 $25,715 $27,001
601-700 $22,015 $22,675 $23,356 $24,290 $25,504 $26,269 $27,057 $28,139 $29,546 $31,024
701-800 $24,870 $25,616 $26,385 $27,440 $28,812 $29,676 $30,567 $31,789 $33,379 $35,048
801-900 $27,725 $28,557 $29,413 $30,590 $32,119 $33,083 $34,075 $35,438 $37,210 $39,070
901-1,000 $30,590 $31,508 $32,453 $33,751 $35,439 $36,502 $37,597 $39,101 $41,056 $43,109
1,001-1,250 $37,730 $38862 $40028 $41629 $43710 $45,021 $46,372 $48,227 $50,638 $53,170
1,251-1,500 $44,875 $46221 $47608 $49512 $51988 $53,548 $55,154 $57,360 $60,228 $63,240
1,501-99,999 $59,160 $60,935 $62,763 $65,273 $68,537 $70,593 $72,711 $75,619 $79,400 $83,370
PLAN 3 Concourse Legal Hold for Government (Monthly Charge Per Agency Pricing)
# of Seats Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
1-2 $120 $124 $127 $132 $139 $143 $147 $153 $161 $169
3-5 $240 $247 $255 $265 $278 $286 $295 $307 $322 $338
6-10 $390 $402 $414 $430 $452 $466 $480 $499 $524 $550
11-20 $540 $556 $573 $596 $626 $645 $664 $691 $725 $761
21-35 $780 $803 $828 $861 $904 $931 $959 $997 $1,047 $1,100
36-50 $990 $1,020 $1,050 $1,092 $1,147 $1,181 $1,217 $1,266 $1,329 $1,395
51-75 $1,230 $1,267 $1,305 $1,357 $1,425 $1,468 $1,512 $1,572 $1,651 $1,733
76-100 $1,460 $1,504 $1,549 $1,611 $1,691 $1,742 $1,794 $1,866 $1,959 $2,057
101-150 $1,760 $1,813 $1,867 $1,942 $2,039 $2,100 $2,163 $2,250 $2,362 $2,480
151-200 $2,030 $2,091 $2,154 $2,240 $2,352 $2,423 $2,495 $2,595 $2,725 $2,861
201-250 $2,280 $2,348 $2,419 $2,516 $2,641 $2,720 $2,802 $2,914 $3,060 $3,213
251-300 $2,520 $2,596 $2,673 $2,780 $2,919 $3,007 $3,097 $3,221 $3,382 $3,551
301-400 $2,820 $2,905 $2,992 $3,111 $3,267 $3,365 $3,466 $3,605 $3,785 $3,974
401-500 $3,060 $3,152 $3,246 $3,376 $3,545 $3,651 $3,761 $3,911 $4,107 $4,312
501-750 $3,660 $3,770 $3,883 $4,038 $4,240 $4,367 $4,498 $4,678 $4,912 $5,158
751-1,000 $4,170 $4,295 $4,424 $4,601 $4,831 $4,976 $5,125 $5,330 $5,597 $5,877
1,001-99,999 $4,620 $4,759 $4,901 $5,097 $5,352 $5,513 $5,678 $5,905 $6,200 $6,510
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Plan 4—Print
West’s proposal allows for a discount off of new eligible print titles purchased by an agency. Agencies purchasing
new titles will receive a 25% discount off of then-current retail prices, provided the purchases are conducted through
the agency’s local sales consultant or account manager.
Sales Consultant: Mike Toolson (480.786.5613, mike.toolson@thomsonreuters.com)
Account Manager: Kay Engler (480.275.0875, kay.engler@thomsonreuters.com)
Please note: A new title is defined as a purchase that has not been purchased within five years by the agency.
Plan 5—Custom Packages
The custom packages offered as part of this plan recognize that Maricopa county agencies may have diverse and
unique needs that cannot be met by the pre-packaged content sets provided by West’s Plans 1-4. These custom
packages provide purchasing agencies maximum flexibility to purchase custom packages of online information,
print, and solutions that are specifically tailored to the unique research needs of individual agencies and end users.
5A. AGENCY-SPECIFIC SPECIAL PACKAGES
When an agency’s needs cannot be met by the pricing plans outlined in plans 1–4, West can work with individual
purchasing agencies to create custom special packages that are specifically tailored to an agency’s unique needs.
This allows an agency to enjoy the best value, in terms of both price and content. Price schedules are not available
under this plan as the custom agency-specific pricing will be negotiated with the purchasing agency based on its
unique needs.
5B. PROS/GOVERNMENT SELECT
West PRO and Government Select Library Collections are slices of content that allow purchasing agencies the
ability to purchase specific collections of online, print, and solutions content to meet their unique needs. West will
offer purchasing agencies a discount off of then-current retail pricing from our entire catalog of West PRO and
Government Select library collections for a multi-year commitment. West PRO and Government Select library
collections are a great alternative plan for agencies that have unique research needs and must access content that is
not available under Plans 1–4.
Please contact your local West government representative to obtain more information and to obtain your discount.
Terms and Conditions
The following terms and conditions apply to any contract resulting from this proposal (hereinafter “contract”).
Eligibility— Available only to authorized Maricopa County government agencies.
Contract Term—The proposed contract term is for a term of five (5) years).
Renewal Option—The County may, at its option and with the agreement of West, renew the term of this
Contract for additional terms up to a maximum of five (5) years. The County shall notify West in writing of its
intent to extend the Contract term at least (30) calendar days prior to the expiration of the original contract term.
Authorized Users—Only users authorized to use West products by the purchasing County Agency may access
and use West products under the terms of this agreement, and such use must be solely for purposes directly
related to the purchasing County Agency’s research and work.
Passwords—Each user must be assigned a separate password. Passwords may only be used by the person to
whom the password is issued. Sharing of passwords between or among users is STRICTLY PROHIBITED.
West reserves the right to issue additional passwords to the agency if West learns that the product has been used
by a person other than the person to whom the password has been issued.
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Password Rates—The Monthly Charge per User under each Plan will NOT be prorated. Requests for
passwords by new Subscribers or requests for additional passwords by current Subscribers that are processed by
West by the last day of a month will be billed the entire Monthly Charge per User for each password request
during such month. The Monthly Charge per User for Subscribers that elect to change from one plan to another
will be effective on the first day of the month following receipt and approval of the appropriate documentation
by West.
Included and Excluded Charges—Purchasing County Agency will receive the content package as described
in their Order Form, Special Offer Amendment, or Software Exhibit. Access to and usage of any other
databases, features, and services is excluded and will be billed separately as excluded charges. The excluded
content, features, and services will be charged at the applicable rates (including applicable transaction,
communications, and other associated charges, if any) for each database, feature, or service accessed according
to the then-current terms and conditions as set forth in the then-current Schedule A to Subscriber Agreement
Plan 2 Government Service.
West may, at its option, make certain databases, features, and services excluded charges if West is contractually
bound or otherwise required to do so by a contributor of data to West, or if the databases, features, and services
are enhanced or released after the effective date of any contract awarded to West pursuant to this proposal.
New Databases, Features, Services, and Platforms—West reserves the right to charge for any new Westlaw
databases, features, services, or platforms released during the term of this contract (whether “third-party”
databases or not), and such charges may be separate from and in addition to the Fixed Monthly Charge. Such
charges (if any) shall not be greater than the charges at which such databases, features, services, or platforms
are made available to West’s other government subscribers under West’s then-current Government Price Plan.
If, however, any new Westlaw databases, features, services, or platforms released during the term of this
contract are made generally available to government subscribers as part of their Westlaw fixed rate agreement,
West will also make these same new databases, features, services, or platforms available to the agency at no
extra cost.
Research Subscriber Agreement/License Agreements—All access to and usage of Westlaw and CLEAR is
governed by the then-current Research Subscriber Agreement and applicable schedules. These agreements are
attached and will be incorporated by reference and made part of any contract awarded to West pursuant to this
proposal. In addition, access to and usage of CLEAR requires completion of the then-current Account
Validation and Certification (AVC) Form. (Samples of these documents are included at the end of this pricing
proposal).
Additional terms and conditions may apply depending upon which products and services are selected. These
agreements are attached for your reference. In the event that a Purchasing County Agency selects any of these
products and services, these agreements will be incorporated by reference into and made part of any contract
awarded to West pursuant to this proposal. These agreements include the following:
Product License Agreement
WestlawNext Research Subscriber Agreement
CLEAR Research Subscriber Agreement
Case Analysis West Master Software Agreement
Drafting Assistant West Master Software Agreement
Case Logistix West Master Software Agreement or Hosted
Practice Solutions Subscriber Agreement
Case Production West Master Software Agreement
West km Government Express West Master Software Agreement
Concourse Hosted Practice Solutions Subscriber Agreement
Contractor Information—Any contract resulting from this proposal will be with:
Legal Contracting Entity: West Publishing Corporation
Doing Business As (DBA): West, a Thomson Reuters business
Corporate Address: 610 Opperman Drive, Eagan, MN 55123
Remittance Address: P.O. Box 6292, Carol Stream, IL 60197-6292
Federal Tax ID #: 41-1426973
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DUNS #: 14-850-8286
Cage Code: 89101
Special Offer Order Processing—Service will begin the first day of the first month following receipt of the
fully executed contract (or delivery order), provided adequate time is available for implementing the contract.
In general, to implement a contract West must receive the fully executed contract (including the applicable
Special Offer Amendment or Software Exhibit) no later than five business days prior to the end of the month
preceding the start of service.
Government Select/PRO Order Processing—Service will begin 5-7 days following receipt of a fully
executed, clean, and process-able Order Form, and after any necessary CLEAR credentialing has been
completed.
Offer Acceptance Period—The terms of this price proposal are valid for 60 days from the submittal date of
this proposal.
Package Descriptions
1A. XX-STATE PRIMARY
The XX-State Primary Library generally provides access to state specific materials, including the following:
State Case Law. Westlaw has case law coverage for all state court opinions published in West’s National
Reporter System. Westlaw provides access to state specific cases and headnotes, as well as many topical
databases.
Statutes and Court Rules. Westlaw has annotated statutes for a particular state, as well as statutes databases
without annotations. Topical statutes databases are generally available, such as environmental, health and
safety statutes and criminal justice statutes. Westlaw also provides access to state specific court rules and
orders.
Other State Databases. This library offers access, when available, to other state-specific databases, such as
legislative services; administrative codes and other materials; insurance cases, statutes, and other materials; and
journals and law reviews.
1B. XX-STATE PRIMARY AND ANALYTICAL
This plan expands the 1A XX-State Primary plan to include analytical materials specific to the state. This additional
content includes one of the following materials (where available):
State Practice Library, when available, is the preeminent analytical law series for a particular state. Written by
local experts, this library furnishes a practical, informative survey of virtually every aspect of a specific state’s
practice. Areas of coverage generally include:
Appellate Practice Family Law
Civil Rules Practice Litigation
Corporate Law Methods of Practice
Criminal Practice Personal Injury and Torts
Debtor-Creditor Law Workers’ Compensation
Employment Law
State Analytical Materials, when available, is a collection of state-specific legal guides, authorities, and forms.
1C. XX-STATE PRIMARY, ANALYTICAL, AND BRIEFS
This plan expands the 1B XX-State Primary and Analytical plan to include briefs specific to the state. State briefs
generally provide access to selected appellate briefs from the state’s Supreme Court and Court of Appeals. The
immediate availability of these briefs and petitions on Westlaw saves researchers time and the inconvenience of a
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trip to the courthouse, and gives researchers a competitive advantage to enhance their case by learning how other
attorneys analyzed and argued the issues.
1D. NATIONAL PRIMARY
This plan provides access to federal and state case law, statutes, and administrative materials in a single, integrated
research tool.
Case and Judicial Materials
Federal. Westlaw has complete coverage of all published federal case law, as well as many unpublished
opinions. Cases appear as officially published and contain West’s editorial enhancements. Examples of
West’s federal case law databases include U.S. Supreme Court cases, U.S. Court of Appeals cases, U.S.
District Court cases, Tax Court cases, and Bankruptcy Court cases.
State. Westlaw has complete case law coverage for all state court opinions published in West’s National
Reporter System. Westlaw also contains many unpublished state appellate court opinions and selected state
trial court opinions.
Statutes and Legislative Materials
Federal. Westlaw has complete coverage of current federal statutes and archival statutes back to 1990.
West’s federal statutes databases include the United States Code Annotated, which contains annotations to
the United States Code, as well as court rules, appendices, and the Popular Name Table.
State. Westlaw has annotated statutes for all 50 states, the District of Columbia, Guam, Puerto Rico, and
the Virgin Islands. Statute databases without annotations are also available.
Administrative Law and Regulations
Federal. Westlaw provides extensive coverage of federal administrative rules and regulations, including
documents from all 50 titles in the Code of Federal Regulations and recent changes; documents from the
Federal Register; and other administrative and executive materials such as comptroller general decisions,
U.S. attorney general opinions, and presidential documents.
State. Westlaw has the administrative codes for all 50 states and the District of Columbia; no other online
information resource provides this level of coverage. Other available administrative materials include:
attorney general opinions, workers’ compensation decisions, and insurance and environmental regulations.
1E. NATIONAL PRIMARY AND STATE ANALYTICAL
This plan expands the 1D National Primary plan to include analytical materials specific to the state. This additional
content includes one of the following materials (where available):
State Practice Library, when available, is the preeminent analytical law series for a particular state. Written by
local experts, this library furnishes a practical, informative survey of virtually every aspect of a specific state’s
practice. Areas of coverage generally include:
Appellate Practice Family Law
Civil Rules Practice Litigation
Corporate Law Methods of Practice
Criminal Practice Personal Injury and Torts
Debtor-Creditor Law Workers’ Compensation
Employment Law
State Analytical Materials, when available, is a collection of state-specific legal guides, authorities, and forms.
1F. NATIONAL PRIMARY, STATE ANALYTICAL, AND STATE BRIEFS
This plan expands the 1E National Primary and Analytical plan to include briefs specific to the state. State briefs
generally provide access to selected appellate briefs from the state’s Supreme Court and Court of Appeals. The
immediate availability of these briefs and petitions on Westlaw saves researchers time and the inconvenience of a
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trip to the courthouse, and gives researchers a competitive advantage to enhance their case by learning how other
attorneys analyzed and argued the issues.
1G. WESTLAW CORE
The Westlaw Core library expands on the 1D National Primary plan to include analytical and litigation materials,
including the following:
Analytical Materials
Westlaw provides access to exceptional analytical materials, including law reviews and journals and legal texts.
Law Reviews and Journals. Westlaw provides access to more than 900 of the most respected law reviews,
law journals, and other professional legal publications. Full-text coverage extends back to the early 1980s for
the top law reviews and journals. The Harvard Law Review contains full coverage of all content back to 1949.
Legal Texts. Westlaw provides access to numerous legal texts, including Restatements of the Law, Uniform
Laws Annotated, and the Sarbanes-Oxley Deskbook.
Litigation Materials
Westlaw provides access to several litigation materials, including the following:
Jury Verdicts and Summaries—Westlaw provides access to summaries of jury verdicts and settlements from
around the country, including information such as case type; geographic area where a case was tried or settled;
names of parties, attorneys, and expert witnesses; factual information about the case; and verdict or settlement
amount.
Jury Instructions—Westlaw has state and federal civil and criminal jury instructions, including the text of
Federal Jury Practice and Instructions.
Federal Practice and Procedure (Wright and Miller)—The FPP database contains the full text of the treatise
Federal Practice and Procedure, by Charles Alan Wright and Arthur R. Miller, et al, including recent annual
supplements, pocket parts and Supplemental Service Pamphlet.
PLAN 1—OPTIONAL ADD-ON CONTENT
If an agency selects a Plan 1 Legal Research package (1A–1G), the following optional separately price add-on
libraries are available.
PEOPLEMAP PREMIER
PeopleMap helps researchers quickly determine relevant information about people and their connections. Deep
cross-referencing and smart technology provide the highest degree of confidence in search results.
PeopleMap helps users identify individuals and their connections while performing legal research tasks involving:
Locating a person for a variety of legal purposes.
Determining if a person has been involved in litigation or charged with a crime.
Learning more about a witness or other person connected to a matter.
Verifying information provided by a person or potential client.
Determining relationships among parties.
Because PeopleMap has already made connections between people from billions of public records across the
country, connections are made faster and time is saved for other research and analysis.
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PeopleMap reports provide the following information (as available).
Previous Addresses Real Property Pre-foreclosure Records
Other Individuals Living in the Person's Home Waterfront Residents Coverage
Coverage Motor Vehicle Registrations
Utility Information Drivers License Information
New Movers Boats and Watercraft Coverage
Death Records Aircraft Coverage
Professional Licenses Insider Stock Transactions
Business Affiliations Unclaimed Property Coverage
Marriage Records Lawsuit Filings
Hunting and Fishing Licenses UCC Records
Concealed Weapon Permits Liens & Judgments
Voting History New York City UCC and Federal Lien Records
Political Donation History Criminal Records
Real Property Transaction Records Arrest Records
Real Property Tax Assessor Records Office of Foreign Assets Control Coverage
Access to PeopleMap also provides access to the underlying Westlaw Public Records content.
ALL ANALYTICAL LIBRARY
The All Analytical Library combines expert legal analysis with forms, jury instructions, and more. This collection of
titles helps researchers quickly review specific points in familiar areas of law and cover unfamiliar ground with
confidence and speed. This library includes several analytical sources, including American Law Reports (ALR), All
AMJUR Library, Restatements of the Law, Federal Practice and Procedure, and law reviews and journals.
XX PLEADINGS, MOTIONS, AND MEMORANDA LIBRARY
The Pleadings, Motions and Memoranda Library on Westlaw is comprised of actual court filings from select state
trial courts, U.S. district courts and federal bankruptcy courts from across the United States. The library helps
researchers to
find new ideas and approaches
develop winning pleading and motion strategies and arguments
save time drafting
gain a competitive edge by identifying actions the opposition might take
better understand appellate opinions by reviewing underlying facts
From one source, researchers get easy access to court-filed pleadings, motions, memoranda and other trial filings.
These filings are culled from court trials in the most populous counties in each jurisdiction. They include cases with
heavily litigated topics, high-value cases, and cases with jury verdicts or settlements.
ALR, ALL AMJUR, AND CJS
This library provides access to the following resources:
American Law Reports (ALR). ALR is one of the leading case-finding tools in America. It is a continuing
series of articles that collect and analyze every court case decided on a particular point of law. The complete
ALR on Westlaw includes ALR First, ALR Digest, and the new ALR Index, resources that aren’t available on
other online research services.
All AMJUR Library. The American Jurisprudence Library products provide fast, authoritative answers to
many aspects of civil, criminal, substantive, and procedural law.
American Jurisprudence 2d (AMJUR) contains the full text of American Jurisprudence 2d, the leading
law encyclopedia, which provides comprehensive and authoritative analysis of all fields of state and federal
law. AMJUR contains more than 440 separate titles on a broad range of legal topics.
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Am Jur Proof of Facts contains articles by legal, scientific, and medical experts that can help researchers
prepare for a case.
Am Jur Trials provides access to articles showcasing successful techniques and strategies, drawn from
actual cases.
AmJur Pleadings and Practice Forms Annotated. This database provides access to the full text of
American Jurisprudence Pleading and Practice Forms Annotated, a comprehensive set of state and federal
pleading and practice forms arranged alphabetically by titles that generally correspond to those found in
American Jurisprudence 2d.
Corpus Juris Secundum (CJS). CJS helps researchers understand unfamiliar areas of law by providing links
to cases, statutes, regulations, West Key Numbers, Restatements of the Law, and more. CJS covers the full
breadth and depth of the law and is cited to tens of thousands times by the courts. It provides quick overviews of
topics with Black Letter Summaries and is also fully integrated with the West Key Number System.
XX ANALYTICAL OR PRACTICE
State Practice Library, when available, is the preeminent analytical law series for a particular state. Written by
local experts, this library furnishes a practical, informative survey of virtually every aspect of a specific state’s
practice. Areas of coverage generally include:
Appellate Practice Family Law
Civil Rules Practice Litigation
Corporate Law Methods of Practice
Criminal Practice Personal Injury and Torts
Debtor-Creditor Law Workers’ Compensation
Employment Law
State Analytical Materials, when available, is a collection of state-specific legal guides, authorities, and forms.
AMERICAN LAW REPORTS (ALR)
ALR is one of the leading case-finding tools in America. It is a continuing series of articles that collect and analyze
every court case decided on a particular point of law.
Written by West attorney-editors, each ALR article provides a careful analysis of a specific legal issue, beginning
with a detailed discussion of guiding legal principles, followed by distinctions, exceptions, applications, and
contrary approaches. Each ALR article shows explicitly and impartially which cases are controlling and explains
why. Cases from every jurisdiction that have taken a position on the point are cited, and these cases are arranged
according to jurisdiction to make it easy to find local authority. Along with critical case citations, ALR provides
references to statutes, digests, texts, treatises, law reviews, and legal encyclopedias. ALR articles also analyze
factual distinctions among cases.
Only on Westlaw is ALR deeply linked to case law and related documents, including briefs and pleadings. One
search in ALR yields comprehensive results with accuracy lawyers can trust, including related analysis through
ResultsPlus, the West Key Number System, and KeyCite.
The complete ALR on Westlaw includes ALR First, ALR Digest, and the new ALR Index, resources that aren’t
available on other online research services.
AMERICAN JURISPRUDENCE 2D (AMJUR)
AMJUR contains the full text of American Jurisprudence 2d, the leading law encyclopedia, which provides
authoritative answers to any aspect of civil, criminal, substantive, and procedural law. Cases, statutes, and
regulations from all 50 states and federal courts are researched and analyzed to create Am Jur articles. These articles
quickly illustrate the underlying principles and present researchers with a range of arguments and authorities. Each
article clearly examines not only the point of law, but also the spirit and intent of the courts in construing the law,
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and the legislature’s intent in enacting and amending the law. AMJUR contains more than 440 separate titles on a
broad range of legal topics.
CORPUS JURIS SECUNDUM (CJS)
CJS helps researchers understand unfamiliar areas of law by providing links to cases, statutes, regulations, West Key
Numbers, Restatements of the Law, and more. CJS covers the full breadth and depth of the law and is cited to tens
of thousands times by the courts. It provides quick overviews of topics with Black Letter Summaries and is also
fully integrated with the West Key Number System.
XX BRIEFS PLUS
With the XX Briefs Plus library, researchers gain access to historical appellate briefs and petitions filed in the state’s
courts, the U.S. Court of Appeals for the applicable circuit, and the U.S. Supreme Court.
Each brief on Westlaw includes a summary of the facts, issues, arguments, the pertinent laws and case law, and a
legal analysis. The immediate availability of these briefs and petitions on Westlaw saves researchers time and the
inconvenience of a trip to the courthouse, and gives researchers a competitive advantage to enhance their case by
learning how other attorneys analyzed and argued the issues. This fully integrated source comes with features such
as full text searching, linking, KeyCite, and more.
XX LEGISLATIVE HISTORY
Westlaw provides state legislative history that includes congressional testimony, house and senate journals, floor
debates, and governor’s messages. State statutes are fully integrated in this library, which directly links the
researcher to the history of the statute. This information helps to advise clients on a course of action that is lawful
under a relevant statute, advise elected officials on how to execute their statutory duties, and determine whether a
statute supports or hinders a litigation claim.
LAW REVIEWS AND JOURNALS
Westlaw provides access to more than 900 of the most respected law reviews, law journals, and other professional
legal publications. Full-text coverage extends back to the early 1980s for the top law reviews and journals. The
Harvard Law Review contains full coverage of all content back to 1949.
REGULATIONSPLUS
RegulationsPlus provides a comprehensive and efficient federal regulatory research system that provides researchers
with the tools to complete their regulations research more efficiently and with complete confidence.
RegulationsPlus helps researchers stay fully informed on any regulatory issue with editorial summaries of case law
decisions, KeyCite notification of changing and proposed regulations, version history, citing references and more.
With RegulationsPlus, researchers can
View any section of the Code of Federal Regulations as well as past versions, amendments, pending changes
and citing court documents.
Read editorially-created federal case law summaries, integrated Federal Register content, agency publications
and analyses from law reviews and other sources.
Track agency activities and decisions and link directly to statutory authority documents and applicable
regulations.
MUNICIPAL PRACTITIONER CORE
The Municipal Law Practitioner Core Library provides access to the following resources:
Municipal Law Form Finder. A comprehensive set of municipal law forms, checklists, and clauses makes it
easy to customize documents to fit the case at hand and efficiently draft ordinances that withstand challenges.
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Practice Materials. Expert guidance and analysis from more than 20 state and general journals and law
reviews, including titles such as McQuillin Municipal Law Report and Zoning and Planning Law Reports,
American Law of Zoning, Matthews Municipal Ordinances, and McQuillin Municipal Corporations.
NEWSROOM
Westlaw provides access to nearly 11,200 news and business information sources that offer reliable, comprehensive,
and current and archival information from the United States and around the world. News and business information
databases on Westlaw feature content provided by NewsRoom, as well as many additional sources of information.
NewsRoom on Westlaw provides access to information sources from more than 190 countries. The information
sources include:
Newspapers—Access to nearly 200 full-text U.S. newspapers, including the Washington Post, San Francisco
Chronicle, and USA Today.
Wires (e.g., Associated Press).
News Magazines (e.g., Newsweek, U.S. News and World Report).
Television and Radio Transcripts (e.g., ABC, BBC, CNN, Fox, MSNBC).
Financial News (e.g., CBS MarketWatch, CNBC, Thomson Financial News).
Business Publications (e.g., Crain’s, Forbes).
Industry Publications—In-depth coverage of numerous industries as reported in the specialist press for that
industry.
NewsRoom databases are updated throughout the day as information is received from the publishers. Additionally,
newswires provide near real-time coverage of top stories as they break.
PRACTICAL LAW ALL
Practical Law provides legal know-how that gives lawyers a better starting point. Our expert team of attorney-
editors creates and maintains thousands of up-to-date, practical resources so users don’t have to. We go beyond
primary law and traditional legal research to give lawyers the resources needed to practice more efficiently, improve
client service and add more value.
Practical Law provides access to thousands of resources across all major practice areas, which leads to several
benefits, including the following:
Increase efficiency
Improve client service
Get associates up to speed quickly
Keep up with practice changes and legal updates
Maximize return on fixed-fee arrangements
Spend more time on the work that matters most
Keep more business in-house
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Our expert attorney editors create and maintain high-quality materials within each major practice area. Highlighted
below are some of Practical Law’s most popular resources.
ANTITRUST FINANCE
Antitrust Compliance Programs Term Sheet: Syndicated Loan, Senior Secured Credit
Antitrust Audit Checklists Facilities
Overview of Dodd-Frank ECP Swap Guarantor Rule:
CAPITAL MARKETS & SECURITIES Implications for Loan Documents
Rule 10b5-1 Trading Plans
Social Media Compliance with Securities and LABOR & EMPLOYMENT
Disclosure Laws Model Independent Contractor/Consultant Agreement
(Pro-client)
COMMERCIAL Model Bring Your Own Device to Work (BYOD)
Model Professional Services Agreement Policy
General Contract Clauses: Indemnification
LITIGATION
CORPORATE AND M&A Litigation Budget Template
Model Stock Purchase Agreement (Pro-Buyer Long Case Assessment and Evaluation
Form)
Model LLC Agreement (Multi-member, Manager- REAL ESTATE
managed) Purchase and Sale
Leasing
EMPLOYEE BENEFITS & EXECUTIVE Financing
COMPENSATION
Employee Stock Ownership Plans (ESOPs) Overview
Executive Employment Agreement
INTELLECTUAL PROPERTY & TECHNOLOGY
Model Joint Development Agreement
Overview of Copyright Litigation: Injunctive Relief
ALL CASES AND STATUTES
The All Cases and Statutes Library provides access to federal and state case law, all state statutes, and USCA.
Case and Judicial Materials
Federal. Westlaw has complete coverage of all published federal case law, as well as many unpublished
opinions. Cases appear as officially published and contain West’s editorial enhancements. Examples of
West’s federal case law databases include U.S. Supreme Court cases, U.S. Court of Appeals cases, U.S.
District Court cases, Tax Court cases, and Bankruptcy Court cases.
State. Westlaw has complete case law coverage for all state court opinions published in West’s National
Reporter System. Westlaw also contains many unpublished state appellate court opinions and selected state
trial court opinions.
Statutes and Legislative Materials
Federal. Westlaw has complete coverage of current federal statutes and archival statutes back to 1990.
West’s federal statutes databases include the United States Code Annotated, which contains annotations to
the United States Code, as well as court rules, appendices, and the Popular Name Table.
State. Westlaw has annotated statutes for all 50 states, the District of Columbia, Guam, Puerto Rico, and
the Virgin Islands. Statute databases without annotations are also available.
LEGAL RESEARCH
The Legal Research Library provides access to a collection of authoritative analytic resources that cover the breadth
of the legal landscape. This extensive library provides access to American Law Reports (ALR), American
Jurisprudence 2d (AMJUR), Restatements of the Law, and important legal journals and law reviews.
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American Law Reports (ALR). ALR is one of the leading case-finding tools in America. It contains the full
text of articles from the First, Second, Third, Fourth, Fifth, Sixth, and Federal Series.
American Jurisprudence 2d (AMJUR). AMJUR contains the full text of American Jurisprudence 2d, the
leading law encyclopedia, which provides comprehensive and authoritative analysis of all fields of state and
federal law. AMJUR contains more than 440 separate titles on a broad range of legal topics.
Restatements of the Law. The Restatements of the Law are principles of black letter law distilled from case
law. The restatement databases on Westlaw provide the black letter law, reporter’s notes, commentary,
illustrations, and annotations in one document on a particular legal topic. First Restatements of the Law,
available exclusively on Westlaw, are provided for several areas of law (e.g., contracts, torts). The first
Restatements can help researchers trace the evolution of a law, or an area of law. They also aid in the
interpretation of older cases that rely on first Restatement sections.
Journals and Law Reviews. Westlaw provides access to a comprehensive collection of the most respected law
reviews, law journals, and other professional legal publications. Full-text coverage extends back to the early
1980s for the top law reviews and journals. The Harvard Law Review contains full coverage of all content back
to 1949.
RELATED DOCUMENTS
WestlawNext significantly improves the thoroughness and accuracy of online legal research by searching “behind
the scenes” to present related information throughout a research session. When viewing the search results for a
specific content category (e.g., cases), the right column shows the most relevant documents from secondary sources,
briefs, and other resources. WestlawNext’s search engine identifies the significant issues within the document being
viewed and then captures additional results that are relevant to that issue. This makes it very easy to probe more
deeply into a specific issue identified from one of the on-point documents. Some of the key factors that assist in this
powerful search tool are the key numbers and specific noun phrases in the document, documents cited within the
document, and all citing references for the document.
GENERAL COUNSEL
The General Counsel Library provides access to cases, court rules, court orders, and statutes from all 50 states, the
District of Columbia, and U.S. territories. The library also includes prominent journals, law reviews, and
newspapers. In addition, the library provides access to the Code of Federal Regulations, the Federal Register, the
United States Code Annotated, and numerous other legal resources.
EMPLOYMENT AND HR
The Employment and Human Resources Library provides access to the following resources:
Consulting Agreements Deskbook
Designing an Effective Drug-Free Workplace Compliance Program (Corporate Compliance Series)
Designing an Effective Equal Employment Opportunity Compliance Program (Corporate Compliance Series)
Designing an Effective ERISA Compliance Program (Corporate Compliance Series)
Designing an Effective Fair Hiring and Termination Compliance Program (Corporate Compliance Series)
Designing an Effective OSHA Compliance Program (Corporate Compliance Series)
Employee Terminations Law Bulletin
Employment Alert
Employment Coordinator
Employment Discrimination Coordinator
HR Compliance Law Bulletin
Quinlan Human Resources Multibase
Union Contract Law Bulletin
PASTSTAT LOCATOR
With PastStat Locator, users can view prior versions of sections in USCA, as well as prior versions of various states.
In all jurisdictions, PastStat Locator can also rebuild the Table of Contents and show how it existed on a particular
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date. PastStat Locator can also identify when a statute or amendment has a future activation date, or when a statute
or amendment is due to lapse. Additionally, PastStat Locator also tracks renumbered statute sections.
NATIONAL SECONDARY
The National Secondary Resources Premium Library provides access to national analytical materials, forms, state
jury instructions, KeyRules, state journals and law reviews, including Wright & Miller’s Federal Practice and
Procedure, American Jurisprudence materials, Corpus Juris Secundum (CJS), the Restatements of the Law, and
American Law Reports annotations that organize and evaluate all case law relevant to a specific point of law or fact
situation.
FORMS LIBRARY
Legal forms on Westlaw include thousands of practice-tested forms for almost all types of personal and business
transactions, including the following:
detailed tax information for estate planning, employee benefits, and other tax-intensive areas
easy-to-understand forms based on current law
practical advice about selecting the correct form and adapting it to a client and transaction
numerous optional and alternate clauses and selected state-specific forms for easy customization
research-expanding references to the West Key Number System and West Group publications
STATE TRIAL COURT ORDERS
Westlaw provides access to trial court orders from select state trial courts. A trial court order provides researchers
with insight in to judicial preferences, proclivities and patterns. Users can read pertinent court orders and identify
what worked in similar cases, what law was cited, and how the judge reacted—how judges ruled in similar motions,
as well as their reasoning behind the decision. Access to these orders allows researchers to make better informed
evaluations about whether to accept a case, how to handle it, and what to tell the client to expect if litigation does go
forward.
LEGISLATIVE HISTORY
The Legislative History Library (provides access to useful legislative history surrounding a statute in a single,
intuitive, easy-to-access location. Researchers can instantly access testimony; reports; and the background, debate,
and events leading to the enactment of a state statute, including bill texts, amended bills, slip laws, bill analyses,
session laws, legislative journals, and more. As no two state legislatures are identical in design or operation,
legislative history coverage varies by jurisdiction.
PROFILER ALL
Westlaw Profiler is a research tool within Westlaw that provides instant access to critical background information on
attorneys, judges and expert witnesses—all in one place. Profiles include links to published cases (e.g., cases
decided by a particular judge), jury trials, and settlements in which the judges, attorneys, and expert witnesses have
participated. Profiles also include links to briefs and articles they have written (e.g., law reviews written by an
attorney).
With Westlaw Profiler, researchers can easily learn about the professional experiences of key individuals by
reviewing a full list of their cases, jury verdicts, depositions, and briefs, as well as articles in bar journals, law
reviews, and other authored materials. Profiler lets researchers see
the types of cases handled by opposing counsel and their outcomes.
jury verdicts won by opposing counsel in previous cases.
verdicts awarded by particular judges in past cases.
how much experience expert witnesses really have.
which published documents have been authored by particular attorneys, judges, and expert witnesses.
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Profiler—Expert Witness
Profiler—Expert Witness is a directory of expert witnesses and contains listings from across the nation. With
Westlaw Profiler, users are able to view an expert witness' profile and see a listing of links to jury verdict summaries
of cases in which that expert testified; law reviews, bar journal articles, and CLE materials authored by that expert or
that mention that expert; and additional information about the expert available in other expert witness directories.
Litigation History Reports
Litigation History Reports provide at-a-glance analysis of an attorney’s or judge’s litigation experience over time.
With these reports, researchers can
examine an attorney’s or judge’s experience by practice area, client, and other criteria.
link directly to related opinions, dockets, and court documents, including those drafted by the attorney or judge.
GRAPHICAL STATUTES
Graphical Statutes revolutionizes statute research by charting legislative changes and linking related documents in
an easy-to-read display. From a single screen, researchers can easily track changes in the law, locate relevant
legislative history materials, read important case law, and check for possible amendments. Graphical Statutes shows
Prior, current, and future versions of statutes
Links to enacting and amending public laws
Relevant legislative history materials, such as bill drafts, reports, journals, and the Congressional Record
Cases that negatively impact a statute*
Legislation that has been enacted but has not yet been codified
The Graphical Statutes timeline is organized by effective date and tracks prior, current, and future versions of the
statute. Each prior version is linked to its enacting or amending public law(s), legislative history materials, and
significant case law. Current versions of the statute are also displayed with their related public laws and legislative
history materials, as well as proposed legislation. Legislation enacted but not yet codified is displayed on the
timeline, as well as future text.
The Graphical Statutes
Timeline shows the effective
dates for each version of the
statute. Information for each
version is provided in reverse-
chronological order below the
Timeline. Clicking within the
Timeline will jump you to the
version in effect for the time
period you select.
Information about each version
can include the following:
Public Laws
Bill Drafts
Joint Committee Prints
Reports
Congressional Records
Presidential Messages
Testimony
Compiled History
Westlaw linking lets you jump to
the referenced information with
ease.
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PLAN 2—LAW ENFORCEMENT & INVESTIGATIVE RESEARCH
CLEAR public records data provides tremendous benefit to authorized users in locating persons and assets,
verifying identities, identifying businesses and business affiliations, and uncovering potentially adverse information.
CLEAR public records data is offered via multiple delivery methods, including online web-based searching via
computer or mobile device, batch processing, and system-to-system capability, which integrates query and result
retrieval directly into internal user applications. Having numerous search plans provides organizations with needed
flexibility to meet unique search, retrieval, and integration requirements.
CLEAR increases the efficiency and the effectiveness of due diligence and investigations by: providing an easy-to-
use online interface; providing access to vast collections of public records, publicly available information, and
proprietary records on persons and businesses; providing access to web information, such as social networking sites,
blogs, news, etc.; and providing tools to optimize use of the data, such as mapping, link charts, customizable reports,
compatibility with i2 Analyst’s Notebook, and more.
The web-based CLEAR application requires only a browser and an active account to successfully begin searching
CLEAR content. There is nothing to download and no software to install. Users are able to log in and begin
searching using a browser via a computer or mobile device. Additional delivery modes for CLEAR data are
discussed later in this document.
2A. CLEAR BASIC
This plan provides for access to CLEAR Locator, which provides for searching and reporting regarding person and
phone searches. (The following gateways are not available with CLEAR Basic: TransUnion and Polk.)
2B. CLEAR ADVANCED
This plan provides for access to CLEAR Investigator with Web Analytics, which expands upon the CLEAR Basic
plan to include searching and reporting regarding person, phone, business, asset, license, and court searches. Web
Analytics provides access to information from social networking sites, news services, blog entries, and more. It
provides access to information not typically found in public records, including photos, email addresses, and much
more. (The following gateways are not available with CLEAR
Advanced: TransUnion and Polk.)
PLAN 3—SOLUTIONS
The following solutions are available to eligible agencies as part of West’s Pricing Plan 3. Solutions:
CASE ANALYSIS BUNDLE
Case Analysis from Thomson Reuters is a litigation package that integrates applications and helps streamline
litigation tasks, leverage the work of an entire litigation team, and get more out of every hour – to produce the best
work product possible. The Case Analysis bundle includes Case Notebook, described above, and the additional
following features:
Streamline the review and sharing of transcripts with transcript/exhibit hyperlink functionality using Publisher.
Convert data and images from another application through WayPoint
CASE ANALYSIS PREMIER
Case Analysis Premier enables users to organize and analyze all of their key case documents, illustrate case events,
collaborate with their entire litigation team from anywhere and easily share their work with clients and experts.
Users can be more productive, efficient, and effective and they can be confident that they are seeing the entire
picture.
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Case Analysis Premier provides all the client benefits available in Case Analysis, and the additional following
features:
Use the built-in word processor to create outlines with hyperlinked case information for depositions, trials, and
more.
Quickly summarize transcripts.
Effortlessly analyze and illustrate key case events using graphical timelines.
Efficiently store and provide centralized access to video files.
Save the case and work offline anywhere.
Access cases remotely via a Citrix Server.
DRAFTING ASSISTANT WITH RESEARCH ONLY
The Drafting Assistant with Research Only package includes Drafting Assistant, described below, and Case
Notebook (Research Only). Case Notebook (Research Only) allows users to work with Westlaw research documents
only.
Drafting Assistant
Drafting Assistant integrates seamlessly with Microsoft Word or Corel WordPerfect and provides easy access to
information, research, and tools to help draft legal documents. With Drafting Assistant, users can
manage and organize documents and selected text in personal folders
retrieve sample documents and templates to help draft documents quickly
streamline the drafting process with templates that help get started with new motions and filings
access Westlaw easily to
run searches and add research to a document
locate supporting authority for document text
validate the format of a document in accordance with a jurisdiction’s rules
Attorneys without Drafting Assistant spend an average of one hour per page drafting a document, as the rhythm of
good draft writing is interrupted by a variety of drafting, research, and analytical tasks. Drafting Assistant saves
hours by providing seamless drafting, research, and analysis, so locating information, authority, and research won't
interrupt the rhythm of drafting.
DRAFTING ASSISTANT – TRANSACTIONAL
Drafting Assistant–Transactional provides sample documents, research tools, and document analyzing functionality
to help proof transactional documents. It requires no pre-tagging or document preparation and automatically finds
substantive errors and inconsistencies in your documents.
Drafting Assistant–Transactional helps ensure that
terms that appear to require definitions have been defined
defined terms are located in the document and defined only once
defined terms are located as stated in the document
entries in the definition section are alphabetized
punctuation is properly paired
similar phrases and expressions are stated with consistency
numeration is correct at all levels in the document
open issues in the document have been addressed
CASE ANALYSIS WITH DRAFTING ASSISTANT
Case Analysis with Drafting Assistant provides all of the features described in the Case Analysis and Drafting
Assistant sections.
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CASE ANALYSIS PREMIER WITH DRAFTING ASSISTANT
Case Analysis Premier with Drafting Assistant provides all of the features described in the Case Analysis Premier
and Drafting Assistant sections.
CASELOGISTIX
Case Logistix is a robust document-review and production platform offering a quick, simple, and accurate way to
review electronically stored information (ESI) and traditional “paper” throughout the discovery process. It is one of
the fastest tools available and offers a more complete view of original documents, with metrics to verify throughput
at every workflow stage.
Case Logistix helps you meet the challenges of e-discovery by providing:
Intuitive Design: Case Logistix has a familiar look and feel to other common office tools. The intuitive
interface helps reduce costs by allowing users to spend less time learning or struggling with what should be
simple processes, and more time being productive. In addition, because Case Logistix can organize documents
automatically, attorneys spend less time administrating and prioritizing documents and more time reading and
analyzing them.
Native Review: Case Logistix lets users review documents in their native formats, to ensure that key formatting
and metadata are not missed. This also eliminates the need for costly conversions.
Flexibility: Case Logistix lets users customize the tool so that they can review in a way that meets the need of
the case—rather than forcing the case to adjust to the application.
Scalability: Built on a Microsoft SQL database foundation, Case Logistix can scale from single server/desktop
configurations to robust multi-server solutions storing many millions of documents.
Security: In Case Logistix, users can control security at folder, document, data, and functional levels—ensuring
that users see only what they need to see and do only what they need to do.
Global Capabilities: Case Logistix is Unicode compliant, allowing users to find and review foreign language
documents and localize to particular languages as needed.
Case Logistix helps mitigate risk in the following ways:
Robust and granular security lets you restrict data and documents to the appropriate users.
Native review lets you get to the heart of a document, going beyond the surface content into the richness and
fidelity of the native file. Critical information for formulas, notes, and other data can make the difference
between knowing what’s important or not, and privileged or not.
Unicode compliance provides confidence that all documents, regardless of source or language, may be
accurately analyzed in the context of the case.
CASE PRODUCTION
Case Production allows a user to generate productions quickly and easily. It is fully integrated with Case Logistix
and designed to accommodate productions from small to large. With Case Production, you can
set up new production jobs via a wizard
generate a production for an entire library or a specific Case Logistix tag
preview documents prior to production
use pre-defined templates for productions
add endorsements and produce documents with redactions
create load files for conversion to other applications
validate a job prior to final production
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specify production title, numbering, and output folders and formats
monitor job status
process multiple simultaneous productions with resource prioritization
WEST KM GOVERNMENT EXPRESS
West km is a powerful knowledge management solution that enables an agency’s lawyers, professionals, and other
researchers to search their internal document repositories or document management systems (DMS) to easily access,
retrieve, update and use work products and internal documents across the organization.
For example, if an agency attorney, paralegal, librarian, or professional is researching a particular legal issue, West
km will search an agency’s document repository using Westlaw technology and retrieve agency documents and
work product that pertain to the same legal issue. In addition, West km simultaneously searches new cases and
secondary sources on Westlaw to validate the work product by displaying KeyCite flags to tell the researcher if it’s
still good law - all in a single, simple interface. Those users who know how to use Westlaw already know how to
use West km—the transparent technology behind West km makes it incredibly easy to search by cited references or
by keywords and phrases to find relevant documents.
West km does not require an agency to introduce any additional codes or markup into a document collection.
Instead, West km employs the sophisticated and powerful searching technologies in Westlaw and KeyCite to
provide a cost-effective and seamless method for users to retrieve relevant agency documents and work product.
West km effectively leverages an agency’s existing technology platform by integrating with its document
management system (DMS) or stand-alone document collection. West km manages an agency’s knowledge assets
without moving them. With West km, documents stay right where they belong - within the walls of the agency. As a
result, there are no issues with agency confidentiality or security.
With West km, the agencies can
Enable reuse of an agency’s best work, enhancing quality and consistency.
Integrate and leverage an agency’s existing information resources and work product by dramatically increasing
knowledge sharing and transfer.
Increase productivity by not having to “reinvent wheels”.
Help new employees benefit from others who are more experienced.
Enhance the value of agency investments in document management systems.
Retrieve documents in word processing format for easy editing and repurpose.
Ensure security because all documents reside and remain in the agency.
CONCOURSE
Concourse is a matter-based suite of products that simplifies legal department management and helps attorneys work
more productively. Concourse was built for legal workflow to seamlessly integrate with everyday tools, giving legal
professionals one access point for communication and collaboration. West’s Pricing Plan 4 provides for access to the
following Concourse components:
Concourse Matter Room
Concourse Matter Room enables customers to organize matters, upload emails and documents, collaborate with both
internal and external partners, perform a global search across all matters, review and annotate work product, and
track tasks. Concourse Matter Room provides users with a centralized repository to easily organize matters and
integrate folders in a secure online environment. By focusing all matter-related materials in one area, team members
are provided with a comprehensive view of the matter and they are able to access current information in real time.
Folder sharing facilitates collaboration throughout the process, increases efficiency, and saves time. Past work can
be repurposed to avoid redundancy when a new matter is created.
Concourse Legal Hold
Concourse Legal Hold provides a repeatable, automated, and defensible method for tracking the delivery of hold
notifications and the corresponding custodian acknowledgments. It provides an easy-to-use interface for both legal
departments and legal hold custodians, and integrates with other Concourse solutions. Concourse Legal Hold helps
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organizations reduce risk, maintain compliance, and avoid penalties for spoliation claims. Notices and surveys may
be saved as templates for future use to increase efficiency and productivity. Access controls for Concourse Legal
Hold are role-based, meaning that participants are assigned to one of three permission levels to ensure security and
to effectively manage the legal hold.
Concourse Legal Hold offers the following processes to initiate, manage, and track holds:
Create New Holds. Concourse Legal Hold helps organizations draft and distribute hold notices to all
custodians in the event of a lawsuit or anticipated litigation. Users can upload files for custodians to review and
create surveys to gain further insight.
Collect Response Data. Concourse Legal Hold records custodians’ acknowledgements and questions. Users
can automate reminders for non-responders.
Tracking and History. Users can quickly determine the progress of any given hold by visiting the hold
directory and track full details on legal hold-specific dashboards, including custodian tracking and history.
Preserve Notifications and Responses. After a hold resolves, Concourse Legal Hold provides secure storage
of notices and custodian responses, in addition to a documented trail of the hold history.
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EXHIBIT B
SCOPE OF WORK
1.0 INTENT
The purpose of this document is to provide the business terms defining the services associated with on-line
legal research services.
2.0 OVERVIEW OF SERVICES
Contractor shall provide on-line legal research services bundled in packages of sources as well as al a-carte
sources from Contractor’s catalogs of products/services.
2.1 ONLINE LEGAL RESEARCH REQUIREMENTS:
Online legal research shall be accessible via the Internet to specified legal resources residing on
the Contractor’s server(s). The specified legal resources shall be updated on a regular basis by
Contractor. Following are the minimum research requirements desired by County agencies.
2.1.1 Arizona-Related Legal Research Requirements
Arizona-related legal research may include the specified legal resources as a subset, or
library, of a larger on-line database. Arizona-related legal research services and materials
should include, but not be limited to, the following:
Arizona Court Decisions
Arizona Revised Statutes
Arizona Digest
Arizona Administrative Code
Arizona Legal Forms
Arizona Practice Guides
Arizona Jury Instructions
Arizona Jury Verdicts
Arizona Trial Court Orders
Arizona Attorney General Opinions
Pacific Reporter 2nd
9th Circuit Court of Appeals Decisions
9th Circuit Federal District Court Decisions
KeyCite (or equivalent product/service is acceptable)
U.S. Supreme Court decisions
CLEAR
2.1.2 Additional requested library content available in print or online, include but not limited
to, the following:
AZ Practice Library
PeopleMap
Arizona Briefs
Arizona DUI Practitioner: Arizona DUI Advocate
National Criminal Secondary
Immigration Analytical Library
Newsroom on Westlaw (All-News)
Arizona Trial Handbook
Arizona Law of Evidence, 4th (Arizona Practice Series Volume 1)
Arizona Criminal Law and Rules pamphlet
Arizona Criminal Procedure, 2d (Arizona Legal Forms Volume 7)
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Arizona Corporate Practice (Arizona Practice Series Volumes 6-7)
Arizona Criminal and Motor Vehicle Law pamphlet
Arizona Civil Trial Practice, 2d (Arizona Practice Series Volumes 2-2A)
Arizona Civil Rules Handbook (Arizona Practice Series Volume 2B)
Arizona Civil Practice Law and Rules pamphlet
Arizona Civil Procedure, 3d (Arizona Legal Forms Volumes 1-2A)
Domestic Relations, 2d (Arizona Legal Forms Volume 4)
Arizona Probate Law and Rules pamphlet
Arizona Community Property Law, 3d (Arizona Practice Series Volume 4)
Arizona Marriage Dissolution Practice (Arizona Practice Series Volume 3)
Arizona Juvenile Law and Practice pamphlet
Arizona Family Law and Rules pamphlet
Arizona Business Organizations-Corporations, 2d (Arizona Legal Forms
Volumes 8-9)
Arizona Business Organizations-LLC and Partnerships, 2d (Arizona Legal
Forms Volume 10)
Arizona Business Regulations pamphlet
Arizona Business Law Deskbook (Arizona Practice Series Volumes 9-9A)
Modern Scientific Evidence: The Law and Science of Expert Testimony
Winning Evidence Arguments
Psychological and Scientific Evidence in Criminal Trials
The Law of Probation and Parole, 2d
Drinking/Driving Litigation: Criminal and Civil Trial Notebook
Handling Drunk Driving Cases, 2d
Intoxication Test Evidence
Drug Abuse and the Law Sourcebook
Handling Misdemeanor Cases
Crimes of Violence: Homicide and Assault
Crimes of Violence: Rape and other Sex Crimes
White Collar Crime, 2d
All Briefs, Pleadings & Motions
2.1.3 Other products but not limited to, the following:
All Expert Witness Materials
Verdicts & Settlements National
National News
2.1.3.1 Primary U.S. Legal Documents.
All primary U.S. legal documents, including all state and federal statutes, all
state and federal court decisions, and all state and federal administrative
regulations and decisions, must be included. Search capabilities shall include
ability to search these databases both individually and collectively.
2.1.3.2 Secondary Legal Research Databases.
Secondary legal research services shall include, but not be limited to,: ALR 3rd,
4th, 5th and Federal; American Jurisprudence (Am Jur) 2nd; Restatements of
Law; Corpus Juris Secundum (CJS), and the American Law Reports (ALR) and
law journals.
2.1.3.3 Primary State Documents.
All case law and statutes for the states.
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2.1.3.4 Highlights.
Articles that highlight specific subjects, i.e., environmental law, intellectual
property laws, etc. The Articles are more specialized, and deal with newer areas
of law where there isn’t much information elsewhere.
2.1.3.5 Offline Automated.
This database specifically deals with the tasks of saving data, printing and
downloading to disk, offline. It’s technology-based rather than being an actual
research resource. Printing should include both electronic format and, if
available, pdf format of documents.
2.1.3.6 Citation Checking/Brief Checking.
2.1.3.6.1A citation checking tool that automatically extracts and checks every
citation in a document, saving the input of each cite individually and
running the checks separately.
2.1.3.6.2Service to reflect or report on particular cases as to whether they are
still current and ‘good law’
2.1.3.7 Alert Services.
A service that accepts a query then automatically and periodically checks for
new information, (i.e., case law, law articles, etc.), about the requested subject
matter in the query
2.1.3.8 News Databases.
Current content from major newspaper publications, including, but not limited to
the Arizona Republic and the Los Angeles Times.
2.1.3.9 Legal News.
Search capabilities of Legal news articles, includes ability to search legal news
articles both individually and collectively.
2.1.3.10 Public Records.
Westlaw and CLEAR provide access to public records resources for
investigative purposes. Search capabilities include ability to search these
databases both individually and collectively.
2.1.4 TRAINING:
2.1.4.1 Competent, continuously available training needs to be a primary objective.
There should be no extra charge for this training. It must include beginning,
intermediate and advanced types of instruction as well as end-user training
materials and services, including print and electronic format user manuals, and
in-person training services.
2.1.4.2 The training shall be customized for each agency’s unique needs.
2.1.5 RANGE OF USERS:
The following are approximate ranges of users, by department:
2.1.5.1 Maricopa County Attorney’s Office 570 – 600
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2.1.5.2 Maricopa County Attorney’s Office Investigators 8 – 12
2.1.5.3 Public Defender 275 – 300
2.1.5.4 Legal Defender 75 – 100
2.1.5.5 Legal Defender Investigators 6 – 10
2.1.5.6 Legal Advocate 45 – 55
2.1.5.7 Law Library 8 – 12
2.1.5.8 Maricopa County Sheriff’s Office 15 – 20
2.1.5.9 General Government 2 – 5
2.1.5.10 Office of the Public Advocate 50 - 60
3.0 TAX:
No tax shall be levied against labor or services. It is the responsibility of the Contractor to determine any
and all taxes.
4.0 CONTRACTOR USER / SUBCRIBER AGREEMENTS:
Each department will issue a purchase order for services describing the product/service they are purchasing.
5.0 MY ACCOUNT
The My Account feature is a secure, web-based feature that helps users manage their West accounts.
Available at https://myaccount.thomsonreuters.com , My Account lets users perform routine account
management tasks, such as managing passwords and getting real-time information about West accounts.
My Account provides access to the following account-management information:
Billing information. View account balances, make online payments, create custom remittance
notices, and check the status of recent payments.
Order information. Check shipping dates, view tracking information, request shipments, initiate
returns, and verify the credit status of recently returned items.
Account information. View and update billing and shipping addresses.
Westlaw information. View a list of password holders, order passwords, change or deactivate
existing passwords, request replacement passwords, request Westlaw invoices, billing summaries,
and usage reports.
Administration information. View or modify who has access to My Account features.
Web profile information. View or modify a Web profile, including e-mail, name, user name, and
password.
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EXHIBIT C
SUBSCRIBER AGREEMENTS
Research Subscriber Agreement
RESEARCH SUBSCRIBER AGREEMENT (“Subscriber Agreement”) entered into between “Subscriber” and WEST
PUBLISHING CORPORATION, a Thomson Reuters business (“West”) regarding certain West research services, as
follows:
1. License Grant. West grants Subscriber a non- notices appearing on such reproductions, Subscriber may
exclusive, non- transferable, worldwide, limited license to print, or otherwise reproduce, in hard copy form,
access and use, in accordance with the provisions insubstantial portions of Data in Subscriber’s regular course
expressly set forth herein, the Data (as defined below), of business and share such printouts: (i) with Subscriber’s
features, services, remotely-accessed gateways, and other clients in relation to specific, ascertainable matters; and/or
components of the products named and described in the (ii) as required or reasonably necessary, to regulatory
Agreement (as defined below) (collectively, the “Product”) agencies, court officials, or parties to legal actions in which
which may change from time to time. Access to certain Subscriber is directly involved.
Data may be restricted. d. Electronic Distribution. Subscriber may, on an
a. Usage. Subject to the restrictions set forth in occasional basis and via Product functionality, direct West to
paragraph 2 (License Restrictions) below, Subscriber may transmit individual documents in electronic format to
use the Product(s), including Data (as defined below) in the individual internal user(s), and to individual third parties in
regular course of Subscriber’s business, legal, and other connection with actual, ascertainable matters being handled
research and related work subject to the limitations by Subscriber. Subscriber may also include downloaded
contained herein. “Data” means all information and Data in briefs prepared for a specific cause of action for a
representations of information, including, but not limited to, specific court in an electronic format. Distribution or
graphical representations, and other content made available dissemination of such downloaded Data in connection with, or
to Subscriber through the Product. Subscriber may: (i) as part of a brief must be limited to the court before which the
display Data internally; (ii) quote and excerpt from Data cause of action is to be heard, the parties to the cause of
(appropriately cited and credited) by electronic cutting and action, or their representatives. All other direct transmission
pasting or other means in memoranda, briefs, reports, and of electronic copies by Subscriber is prohibited.
similar work product created by Subscriber in the regular 2. License Restrictions.
course of Subscriber’s research and work; and (iii) to the a. Usage Restrictions. Subscriber may not copy,
extent not expressly prohibited by the terms of the download, scrape, store, publish, post, transmit, retransmit,
Agreement, use Data as permitted under the fair use transfer, distribute, disseminate, broadcast, circulate, sell,
provision of the Copyright Act (17 U.S.C.A. § 107). resell, or otherwise use the Data, or any portion of the
b. Storage. Subscriber may store, on a matter-by- Data, in any form or by any means except as expressly
matter basis, insubstantial portions of Data in Subscriber’s permitted by paragraph 1 (License Grant) above, or as
database, maintained in connection with an active matter otherwise expressly permitted in writing by West.
being handled by Subscriber in its regular course of Subscriber shall not reverse engineer, decompile,
business (“Project Database”). Such database must consist disassemble, or otherwise attempt to discern the source
preponderantly of Subscriber’s work product, with access to code of the Products, their components, or any avenue by
Data limited to internal users who have a need to know which Products are accessed.
such information. Subscriber may maintain Data in the b. Compliance with Applicable Law. Subscriber
Project Database until the file or case becomes inactive or shall not use any Data and shall not distribute any Data to a
until any termination of the Agreement, whichever occurs third party for use in a manner contrary to or in violation of
first. Subscriber may also store insubstantial portions of any applicable federal, state, or local law, rule or regulation.
Data in accordance with Subscriber’s records retention c. Copyright Notices. Subscriber shall not remove
policies, provided that such policies are in keeping with or alter any copyright notices from any saved, downloaded,
prevailing industry standards. For purposes of the or otherwise reproduced Data. Subscriber shall indicate that
Agreement, the term “insubstantial portions” means amounts use of, distribution, and dissemination of Data is with the
of Data that (a) have no independent value other than as permission of West.
part of Subscriber’s work product; and (b) could not be used 3. Regulated Data. Certain Data available through the
in any way in whole or in part as a substitute for any service Products is subject to heightened regulatory scrutiny under
or product provided by West, any affiliate of West, or any state and federal law (“Regulated Data”).
third-party that licenses, contributes, or otherwise provides a. Regulated Data Restrictions
Data, features, or other materials to West for inclusion in the i. Subscriber acknowledges that West provides
Product (“Contributor”). Regulated Data to support Subscriber’s own
c. Print Outs. Provided that all printouts and other processes and decisions, and Subscriber
reproductions of Data retain, unaltered, all proprietary should not deny any service or access based
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solely on Regulated Data provided through the
Product or results provided by West.
Subscriber is responsible for any denial of
services or access and Subscriber will not deny
such services or access without first conducting
its own appropriate internal review in
conjunction with its decision-making process.
ii. West is not a consumer reporting agency,
and Subscriber certifies that it will not use any
Data as a factor in establishing a consumer’s
eligibility for credit or insurance to be used
primarily for personal, family, or household
purposes, for employment purposes, or for any
other purpose authorized under section 1681b
of the Fair Credit Reporting Act (15U.S.C.A. §
1681b).
iii. Subscriber acknowledges that access to
Regulated Data, available through the Product,
including but not limited to credit header Data,
motor vehicle Data, driver license Data, and
voter registration Data is regulated by state or
federal
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laws, such as the Gramm Leach Bliley Act notify West immediately of any changes to the information
(“GLBA”), the Driver’s Privacy Protection Act on Subscriber’s application for Services and, if at any time
(“DPPA”), or other state or federal laws and Subscriber no longer meets such credentialing requirements,
regulations, or is subject to Contributor West may terminate Subscriber’s access to Regulated Data.
restrictions. d. Subscriber Responsibility for Use of Regulated Data.
iv. If Subscriber is permitted to purchase motor Subscriber recognizes that its access to and use of
vehicle records (“MVR Data”) from West, Regulated Data is contingent upon complying with its
without in any way limiting Subscriber’s contractual obligations. Except as otherwise prohibited by
obligations to comply with all state and federal law and without waiving any defenses to which it may be
laws governing use of MVR Data, the following entitled, Subscriber is responsible for all damages due to (i)
specific restrictions apply and are subject to the misuse of Regulated Data by Subscriber (or any other
change: party receiving such Regulated Data from or through
Subscriber shall not use any MVR Data Subscriber); and (ii) Subscriber’s breach of any
provided by West, or portions of information representation, or warranty, or other provision of this
contained therein, to create or update a file Subscriber Agreement relating to its use of or purpose in
to the end that Subscriber develops its own using Regulated Data. This provision shall not be interpreted
source of driving history information. to impose on Subscriber liability for the actions of West.
As requested by West, Subscriber shall 4. Rights in Data. Except for the license granted in this
complete any state forms that West is Subscriber Agreement, all rights, title, and interest in the
legally or contractually obligated to obtain Product, including Data, in all languages, formats, and
from Subscriber before serving Subscriber media throughout the world, including all copyrights, are and
with state MVR Data. will continue to be the exclusive property of West and its
v. Subscriber agrees not to access Regulated Contributors.
Data for any purpose that is not allowed by the 5. Additional Terms. Certain Data, products and
GLBA, by the DPPA, by any other applicable features are governed by specific terms and conditions
state or federal laws or regulations, or that is (“Additional Terms”) which are supplemental to and may be
contrary to any Additional Terms, as defined in different from those set forth either in this Subscriber
paragraph 5 (Additional Terms) below. Agreement or elsewhere in the Agreement. All applicable
vi. Subscriber represents and warrants that it is Additional Terms are available for review at the following
the end user of Regulated Data and shall limit locations: http://legalsolutions.com/westlaw-additional-terms
use and dissemination of Regulated Data solely and http://legalsolutions.com/clear-additional-terms. In the
to the permissible uses stated by Subscriber in event of a conflict between any Additional Terms and terms
the application and online (Subscriber’s set forth elsewhere in the Agreement, the Additional Terms
“Permissible Use”). Subscriber agrees to keep will control.
confidential and shall not disclose any 6. Protection of Personal Information. West and
Regulated Data except to Subscriber Subscriber acknowledge that both parties may be required
employees in the United States of America to comply with various privacy and security requirements,
whose duties reasonably require access to such including but not limited to those set forth in paragraph 3.a.
Regulated Data to carry out Subscriber’s (Regulated Data Restrictions) above, the European Union
Permissible Use. Directive on Data Protection (95/46), and all other
b. Regulated Data Usage Compliance. West retains applicable legal directives and applicable industry
the right to temporarily or permanently block access to standards (collectively “Privacy Laws”) pursuant to which
certain Data if West, in its sole discretion, reasonably each party wishes to obtain certain undertakings from the
believes that the Data may be or has been used for an other with regard to the use and protection of the Personal
improper purpose or otherwise in violation of the terms of the Information of either party. For purposes of this Subscriber
Agreement, or as otherwise required by a Contributor. By Agreement, “Personal Information” shall refer to, without
accessing Data, Subscriber acknowledges that from time to limitation, the following types of information: name, address,
time, West and its Contributors and/or various government e-mail address, age, date of birth, telephone number, fax,
entities will require Subscriber to identify a permissible use (if social security number or equivalent or similar government
applicable) and may inquire as to Subscriber's compliance identification numbers, credit/debit card information, bank
with applicable laws or the Agreement. Subscriber agrees account information, logins, passwords, or medical or health
to reasonably cooperate with any inquiry, subject to any records of an identifiable human being. Each party shall be
attorney-client confidentiality. Subscriber shall immediately responsible for any collection, access, use, and disclosure
report to West any misuse, abuse, or compromise of Data of of Personal Information subject to this Subscriber
which Subscriber becomes aware. Agreement. Without limiting the foregoing, each party shall
c. Regulated Data Subscriber Credentials. West’s employ appropriate administrative, physical, and technical
provision of access to Regulated Data is contingent on West’s safeguards in order to sufficiently protect the Personal
verification of Subscriber’s credentials in accordance with Information and any information assets and resources in
West’s internal credentialing procedures. Subscriber shall question. Each party shall promptly notify the other of any
event that may result in the unauthorized collection,
SERIAL 14077-CI
access, use, or disclosure of Personal Information subject to
this Subscriber Agreement (“Information Protection
Incident”). The parties shall make reasonable efforts to
assist one another in relation to the investigation and
remedy of any such Information Protection Incident claim,
allegation, action, suit, proceeding, or litigation with respect
to the unauthorized access, use, or disclosure of Personal
Information. Furthermore, any access to or use of
Personal Information must be in accordance with all
applicable law. No individual shall access records that
require a permissible purpose unless such a purpose exists
for such individual. For purposes of its obligations
hereunder, any acts or omissions by the personnel of each
party shall also be deemed to be the acts or omissions of
that respective party.
7. Charges and Modification of Charges. Charges
payable by Subscriber for access to Products (“Service
Charges”) will commence on the date West processes
Subscriber’s order. Service Charges will be as stated in an
applicable Special Offer Amendment, or Order Form/Order
Notification to this Subscriber Agreement, the Schedule A
Price Plan, or as otherwise agreed upon in writing by the
parties. Schedule A rates may be modified upon at least
30 days prior notice to Subscriber in writing or online or
pursuant to the terms stated on an applicable Order
Form/Order Notification.
SERIAL 14077-CI
Modification of any Service Charges pursuant to this DELIVERING DATA. IN NO EVENT SHALL WEST, ITS
paragraph 7 shall not be considered as an amendment to AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO
SUBSCRIBER FOR ANY LOST PROFITS OR OTHER
this Subscriber Agreement that permits termination pursuant CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR
to paragraph 13(ii) herein. Service Charges are exclusive of SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO
applicable sales, use, value added tax (VAT) or equivalent, SUBSCRIBER’S RIGHTS UNDER THE AGREEMENT EVEN IF
ad valorem, personal property and other taxes, which are the WEST, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN
responsibility of Subscriber. Subscriber will pay all invoices in ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
full within 30 days from date of invoice. If full payment is not FURTHER, WEST SHALL HAVE NO LIABILITY WHATSOEVER
made, Subscriber may be charged interest on any unpaid TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY
balance, not to exceed 1% per month. TO ANY THIRD PARTY FEATURE. NEITHER WEST NOR
8. Product Software and Internet Based CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO
PRODUCTS AND DATA WILL BE UNINTERRUPTED, SECURE,
Services. COMPLETE, OR ERROR FREE. NOR DOES WEST MAKE ANY
a. Product Software. West may make available to WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY
Subscriber, on a subscription basis, software for use in WEB SERVICE. SUBSCRIBER ACKNOWLEDGES THAT
connection with the Product. Such software, including new PROVISION OF PRODUCTS AND DATA ENTAILS THE
versions and the accompanying user documentation, may be LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS,
referred to collectively as “Software.” All Software will be DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE
licensed to Subscriber under a license agreement which will INADVERTENT LOSS OF DATA. THE DISCLAIMERS OF
accompany the Software. By using the Software and taking WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH IN
THIS SUBSCRIBER AGREEMENT WERE MATERIAL FACTORS
such other action as may be referenced in the license
IN THE DETERMINATION OF SERVICE CHARGES.
agreement as constituting acceptance, Subscriber agrees to 11. Responsibility for Certain Matters. Subscriber shall
be bound by the terms and conditions of the accompanying provide to West the office location and address associated
license agreement. If Subscriber does not so agree, with Subscriber’s passwords issued under the Agreement.
Subscriber must return any tangible copies of the Software in Subscriber’s personnel may also access Products via home
its possession or control. computers, laptops, or other wireless devices. Subscriber is
b. Internet Based Services. Certain Products may be responsible for promptly notifying West in writing of persons
accessed via the Internet. Subscriber may use Data cached in to whom passwords are to be issued or from whom
Subscriber’s local disk drive solely in support of its use of passwords are to be revoked. Subscriber is solely
the Product via the Internet (“Internet Based Services”). responsible for maintaining security of passwords.
Certain software used by Subscriber may not be capable Subscriber is also responsible for all access to and use of
of supporting Internet Based Services. The performance of all Products, Data, Software, and Internet Based Services
Internet Based Services varies with the manufacturers’ through Subscriber’s account, login credentials, and/or
equipment with which it is used. systems, whether or not Subscriber has knowledge of or
9. Disclaimer of Warranties. EXCEPT AS SPECIFICALLY authorizes such access and use. Sharing of passwords that
PROVIDED IN THIS SUBSCRIBER AGREEMENT, ANY
have been issued to individual users of Subscriber is strictly
SCHEDULE, OR LICENSE AGREEMENT, ALL PRODUCTS,
DATA, SOFTWARE, AND INTERNET- BASED SERVICES ARE prohibited.
PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, 12. Limitation of Claims. Except for claims relating to
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, Service Charges or improper use of Products, Data,
WARRANTIES OF PERFORMANCE, MERCHANTABILITY, Software, or Internet Based Services, no claim, regardless
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, of form, which in any way arises out of the Agreement, may
OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS. be made, nor such claim brought, under the Agreement
more than one year after the basis for the claim becomes
10. Limitation of Liability. SUBSCRIBER’S EXCLUSIVE known to the party desiring to assert it.
REMEDY AND WEST’S, ITS AFFILIATES, AND/OR 13. Term and Termination. West may terminate this
CONTRIBUTORS’ ENTIRE LIABILITY UNDER THE AGREEMENT,
IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO Subscriber Agreement immediately upon giving written
PRODUCTS, DATA, SOFTWARE, OR INTERNET BASED notice of termination to Subscriber if West reasonably
SERVICES WHICH ARE MADE AGAINST THEM, INDIVIDUALLY believes that Subscriber’s use of Data violates any
OR JOINTLY, WHETHER BASED IN CONTRACT OR applicable law or regulation or this Subscriber
NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE Agreement, or may result in a risk to public safety,
AMOUNT OF SERVICE OR SOFTWARE CHARGES PAID BY including but not limited to the safety of private
SUBSCRIBER FOR THE INDIVIDUAL PRODUCT TO WHICH individuals. West may terminate the Agreement upon
SUCH LIABILITY APPLIES DURING THE 12 MONTH PERIOD giving fifteen (15) calendar day’s written notice of
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO termination to Subscriber if Subscriber commits a
EVENT SHALL WEST, ITS AFFILIATES, AND/OR
CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY material breach of any obligation to West under this or
CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER’S any other agreement between the parties. Upon any
INABILITY TO USE PRODUCTS, DATA, SOFTWARE, OR termination of this Subscriber Agreement, the Product
INTERNET BASED SERVICES, OR ITS INABILITY OR FAILURE Software licenses shall also terminate.
TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED 14. Force Majeure. Each party’s performance under the
WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH Agreement is subject to interruption and delay due to causes beyond
OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED its reasonable control, such as acts of God, acts of any government,
BY WEST, ITS AFFILIATES, OR CONTRIBUTORS, OR ANY war or other hostility, civil disorder, the elements, fire, explosion,
DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN power failure, equipment failure, industrial or labor dispute, inability
RELIANCE UPON DATA; OR (ii) THE PROCURING, COMPILING, to obtain necessary supplies, and the like.
INTERPRETING, EDITING, WRITING, REPORTING, OR
SERIAL 14077-CI
15. Notices. Except as otherwise provided herein, all notices
must be in writing to West at 610 Opperman Drive, P.O. Box 64833,
St. Paul, Minnesota 55164-1803, Attention: Customer Service, and
to Subscriber at the address set forth in the applicable Special
Offer Amendment or Order Form/Order Notification.
16. General Provisions. Neither the Agreement nor any
part or portion may be assigned, sublicensed, or otherwise
transferred by Subscriber without West’s prior written
consent. Should any provision of the 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 thereby. Failure of any party to enforce any
provision of the Agreement will not constitute or be
construed as a waiver of such provision or of the right to
enforce such provision. The headings and captions
contained in the Agreement are inserted for convenience
only and do not constitute a part of the Agreement. West, as
used herein, also applies to West Services Inc.
17. Feedback. Any and all Feedback that Subscriber
provides to West shall become the exclusive property of
West without any payment, accounting, remuneration, or
attribution to Subscriber. “Feedback” means information
provided, in any manner, by or on behalf of Subscriber
with respect to any feature, West product or service, or
their enhancement, customization, configuration, installation,
or implementation, including but not limited to ideas,
concepts, suggestions, materials, functions, methods,
processes, and rules.
SERIAL 14077-CI
Hosted Practice Solutions Subscriber Agreement
HOSTED PRACTICE SOLUTIONS SUBSCRIBER AGREEMENT (the “Subscriber Agreement”) entered into between “Subscriber” as set forth on the
West Order Form/Order Notification (“Order Form”) or Hosted Practice Solutions Subscription Charges Exhibit (“Exhibit”) and West Publishing Corporation, a
Thomson Reuters business (“West”) regarding West Hosted Practice Solutions products, as follows:
1. Designation of Products. The terms and conditions of this 6. Confidential Information.
Subscriber Agreement are applicable to West’s Hosted Practice Solutions 6.1 West acknowledges that any documents, the contents thereof,
products. Subscriber is licensing the West Hosted Practice Solutions or other proprietary or confidential materials expressly designated as
product(s) specified by submitting a then-current Order Form or Exhibit. In confidential that are provided to West by Subscriber during the term of this
the event of a conflict between the terms and conditions in paragraphs 1 Subscriber Agreement ("Subscriber Confidential Information") are valuable
through 13.1 of this Subscriber Agreement and the terms and conditions of assets of Subscriber. West will take reasonable steps to ensure that the
the Order Form or Exhibit, the terms and conditions of the Order Form or Subscriber Confidential Information is not used or disclosed except as
Exhibit shall control. expressly permitted by this Subscriber Agreement. West will not permit any
unaffiliated third party access to, in any manner, the Subscriber Confidential
2. License. Information, except as provided in this Subscriber Agreement. Subscriber
2.1. Grant. West grants Subscriber a non-exclusive, non- Confidential Information shall not include information that consists of
transferable, limited license to use at its licensed site(s) identified in the ideas, concepts, know-how or techniques relating to the enhancement,
Order Form, or Exhibit, the Hosted Practice Solutions products listed in the customization, installation or implementation of the Software.
Order Form or Exhibit hereto (“Software”) in Subscriber’s normal course of 6.2 Subscriber acknowledges and agrees that the Software constitutes
business. In addition, Subscriber’s personnel who work at or are assigned a valuable proprietary product of West and that the Software, together with
to the licensed site may use the Software on personal computers or laptops the terms of this Subscriber Agreement, shall be referred to as the “West
located off-site. The Software is protected by copyright and various U.S. Confidential Information.” Subscriber will take reasonable steps to ensure
and international patent applications. that the West Confidential Information is not used or disclosed except as
2.2. Other Restrictions. Subscriber may not publish, expressly permitted by this Subscriber Agreement. Subscriber will not
transmit, retransmit, disseminate, broadcast, circulate, sell, resell, loan, permit any third party access to, in any manner, the West Confidential
lease, distribute or transfer the Software or copies to third parties, nor Information, except as provided in this Subscriber Agreement. Subscriber
reverse engineer, decompile, disassemble or otherwise attempt to discern may permit its independent contractor’s access to the West Confidential
the source code of the components of the Software. Subscriber may not Information to the extent necessary for such contractor’s provision of
reproduce all or any portion of the Software (except as expressly permitted services to Subscriber if such contractor executes a confidentiality
in this Subscriber Agreement) or any accompanying user documentation agreement with Subscriber or West which prohibits the contractor from using
(“Documentation”), or modify, translate or otherwise create derivative works or disclosing the West Confidential Information; provided, however, that such
of the Software. Subscriber agrees to notify its employees and agents who independent contractors may not include any Competitor. A “Competitor”
may have access to Software of the restrictions contained in this shall mean a third party that is regularly engaged in the business of
Subscriber Agreement and to ensure their compliance with these developing or marketing software that performs the same or similar functions
restrictions. as one or more of the modules of the West software implemented by
Subscriber.
3. Subscriber Content. Subscriber grants West a worldwide right to 6.3 Each party represents to the other party that its personnel
use, host, store, service, reproduce, modify, create derivative works, have undertaken general obligations of nondisclosure with regard to
communicate, and publish all content uploaded to the Software by proprietary and Confidential Information to which they have access during the
Subscriber only as is necessary for West to perform its duties under this course of their relationship with such party that are no less restrictive than
Agreement (as defined below). West agrees that all Subscriber uploaded those imposed hereunder.
content and documents (“Subscriber Content”) is provided to West by 6.4 Both parties agree to use reasonable efforts to provide the
Subscriber solely to enable West to provide services, including accessing other party with notice, if a party becomes legally compelled to disclose the
and viewing Subscriber Content as directed by Subscriber or Subscriber’s Confidential Information and Personal Information of the other party. For
users (using Subscriber’s passwords as needed) in order to provide purposes of this Subscriber Agreement, “Personal Information” shall refer
research assistance and/or technical support, to Subscriber and that to, without limitation, the following types of information: name, address,
Subscriber Content will only be used for that purpose and will only be e-mail address, age, date of birth, telephone number, fax, social security
accessed by those West employees, affiliates and contributors who have a number or equivalent or similar government identification numbers,
need to access Subscriber Content in order to provide the services. West credit/debit card information, bank account information, logins, passwords,
may share Subscriber information and Subscriber Content with its or medical or health records of an identifiable human being. If a protective
business partners as may be necessary to provide Time & Billing order or remedy is not available in time, the obligation of confidentiality shall
Services to Subscriber. Subscriber shall retain all title and ownership of be waived to the extent necessary to comply with the law and the receiving
any intellectual property rights it holds in Subscriber Content. Subscriber is party will furnish only that portion of the Confidential Information and
responsible for ensuring that it has all of the necessary rights in any personal information which is legally required.
Subscriber Content and that all Subscriber Content does not infringe on
the rights of any copyright owners, violate any applicable laws or violate the 7. Charges and Modification of Charges. Charges payable for access to
terms of any license or agreement. Upon receipt of adequate notice Hosted Practice Solutions (“Monthly Charges”) will be as stated on the
under the Digital Millennium Copyright Act (17 U.S.C.A. § 512), West Order Form or Exhibit and the applicable Schedule A or as otherwise agreed
reserves the right to delete or disable any Subscriber Content alleged to upon in writing by the parties. Monthly Charges shall commence on the date
infringe on the intellectual property rights of any third party. West process Subscriber’s Order. Monthly Charges may be modified upon
at least 30 days prior notice to Subscriber in writing or online or pursuant to
4. Other Licenses. The Software may be used to access and use the terms stated on an applicable Order form or Exhibit. Hosted Practice
various West products and services, including Westlaw (“West Services”). Solutions products that are Schedule A rates may be modified upon at
All access to and use of such West Services by means of the Software, least 30 days prior notice to Subscriber in writing or online. Modification of
including any charges for such access and use, will be governed by the any charges shall not be considered as an amendment to this Subscriber
terms of the applicable West user agreement. Agreement that permits termination of this Subscriber Agreement pursuant
to paragraph 10.1 (i) herein. All charges are exclusive of applicable sales,
5. Title. Subscriber hereby acknowledges and agrees that all right, title use, value added tax (VAT) or equivalent, ad valorem, personal property
and interest in and to the Software, the Documentation and any other and other taxes, which are the responsibility of Subscriber. Electronic
related materials are, and shall remain, vested solely in West and other storage fees will be allocated equally across all locations that have
software owners, if any, and Subscriber shall not hold itself out as having subscribed to the Practice Solution products and will be taxed according
any ownership or other rights with respect thereto, except as specifically to this allocation. Subscriber will pay all invoices in full within 30 days from
granted hereunder. Except as expressly permitted herein, Subscriber date of invoice. If full payment is not made, Subscriber may be charged up
covenants and agrees that it shall make no use of the Software, the to the maximum legal interest on the unpaid balance.
Documentation or any other related materials without West’s prior
written consent. Any and all good will associated with such rights shall 8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
inure directly and exclusively to the benefit of West. 8.1 West warrants that for the period ending ninety (90) days after the first
date that Subscriber commences production use of the Software the Software
SERIAL 14077-CI
will substantially conform to the Documentation (available at extraction period. After a commercially reasonable time has passed, but
store.westlaw.com.). THE FOREGOING LIMITED WARRANTY IS no less than 180 days after the termination of this Subscriber Agreement,
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT AS West will delete Subscriber Content. The terms and conditions of this
SPECIFICALLY PROVIDED IN THIS SUBSCRIBER AGREEMENT, ANY Subscriber Agreement will remain in effect during such 180 days and
APPLICABLE SCHEDULE OR LICENSE AGREEMENT, THE SOFTWARE cover any access to the Software by Subscriber to export Subscriber
IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS Content. Notwithstanding anything to the contrary herein, Subscriber must
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF remove all Time & Billing content prior to termination of the Order Form and
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR this Subscriber Agreement.
PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS
AND DELAYS. SUBSCRIBER’S EXCLUSIVE REMEDY AND WEST’S, 11. General Provisions.
ITS AFFILIATES AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER 11.1 Effect of Agreement. This Subscriber Agreement (which
THIS SUBSCRIBER AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR includes all applicable Order Forms, Exhibits, any current and future
DAMAGES RELATING TO THE SOFTWARE WHICH ARE MADE AGAINST Schedules, license agreements and the like) (collectively, the “Agreement”)
THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT embodies the entire understanding between the parties with respect to the
OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT subject matter of this Subscriber Agreement and supersedes any and all prior
OF CHARGES PAID BY SUBSCRIBER DURING THE TWELVE (12) understandings and agreements, oral or written, relating to the subject
MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH matter. Furthermore, this Subscriber Agreement supersedes the terms and
CLAIM. IN NO EVENT SHALL WEST AND/OR ITS AFFILIATES BE LIABLE conditions of any click through agreement associated with the Software.
TO SUBSCRIBER FOR ANY LOST PROFITS OR OTHER Except as otherwise provided in this Subscriber Agreement, West may
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL amend the terms and conditions of this Subscriber Agreement by giving
DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER’S Subscriber at least thirty (30) days prior written notice. Any other
RIGHTS UNDER THIS SUBSCRIBER AGREEMENT OR USE OF, OR amendment must be in writing and signed by both parties. West, as used
INABILITY TO USE, THE SOFTWARE, EVEN IF WEST, ITS AFFILIATES herein, applies to West Publishing Corporation, and West Services, Inc.
OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF 11.2 Force Majeure. West shall not be liable for any delay or failure
SUCH DAMAGES. NEITHER WEST NOR ITS AFFILIATES OR in performing hereunder if caused by factors beyond its reasonable control,
CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO THE such as acts of God, acts of any government, war or other hostility, civil
SOFTWARE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR disorder, the elements, fire, explosion, power failure, equipment failure,
ERROR FREE. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF industrial or labor dispute, inability to obtain necessary supplies and the like.
THE SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND 11.3 Notices. Except as otherwise provided herein, all notices must
MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, be in writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul,
INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO Minnesota 55164 - 1803, Attention: Customer Service, and to Subscriber
MEDIA. The performance of the Software varies with various manufacturers’ at the address set forth on the Order Form or Exhibit.
equipment with which it is used. Certain software used by Subscriber may 11.5 Governing Law and Jurisdiction for Government
not be capable of supporting the Software. Subscribers Only. The Agreement will be governed by and construed under
8.2 Exclusive Remedies. The remedies in paragraphs 9.1 (Infringement the law of Subscriber’s state. The state and federal courts sitting in
Claims), and 10 (Term and Termination), are Subscriber’s exclusive remedies Subscriber’s state will have exclusive jurisdiction over any claim arising from
and are in lieu of all other legal or equitable remedies and all liabilities or or related to the Agreement and each party consents to the exclusive
obligations on the part of West for damages (except for bodily injury) arising jurisdiction of such courts.
out of, relating to, or in connection with this Subscriber Agreement, including, 11.6 Assignment. Neither the Agreement nor any part or portion may
but not limited to, the licensing, delivery, installation, use or performance be assigned, sublicensed or otherwise transferred by Subscriber without
of the Software or the integration of the Software with other software or West’s prior written consent. Should any provision of the Agreement be
hardware. held to be void, invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions will not be affected thereby. Failure
9. Indemnification. of any party to enforce any provision of the Agreement will not constitute or
9.1 Infringement Claims. At its sole expense, West shall defend, be construed as a waiver of such provision or of the right to enforce such
indemnify and hold Subscriber harmless from copyright, trade secret and provision. The headings and captions contained in the Agreement are
U.S. patent infringement claims based upon the Software in the form inserted for convenience only and do not constitute a part of the Agreement.
delivered by West, including paying any judgment, attorney fees, costs and 11.7 Limitation of Claims. Except for claims brought by West
expenses associated with such claim. relating to the Monthly Charges or improper use of the Software, no claim,
9.2 Without limiting its obligations under paragraph 9.1, in the regardless of form, which in any way arises out of the Agreement, may be
event a claim of infringement or misappropriation is made against West or brought more than one year after the basis for the claim becomes
Subscriber with respect to the Software, West, for the purpose of settling known to the party desiring to assert it.
such claim, may, at its option, in respect of such allegedly infringing 11.8 Export Laws. The Software and its related Documentation may
Software: (i) substitute fully equivalent non-infringing software; or not be exported or reexported in violation of the U.S. Foreign Corrupt
(ii) modify the Software so that it no longer infringes but remains Practices Act and its implementing regulations, the U.S. Export
functionally equivalent. If, as a result of such claim, Subscriber or West is Administration Act and its implementing regulations or any other applicable
permanently enjoined from using the Software by a final, non- laws, rules and regulations. Subscriber shall bear all expenses relating to
appealable decree from a court of competent jurisdiction, West will take any necessary licenses and/or exemptions with respect to the export from
one or both of the actions set forth in (i) and (ii) above or will obtain for the United States of the Software to any location so as to be in compliance
Subscriber at West’s expense the right to continue to use the Software. with all applicable laws, rules and regulations.
9.3 West’s obligation to indemnify Subscriber pursuant to 11.9 U.S. Government Restricted Rights. Use, duplication
this paragraph 9 is contingent upon West being given prompt notice and or disclosure by the Government is subject to restrictions set forth in
control of, and detailed information with regard to, any such claim, suit or subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights
proceeding. Subscriber shall have the right to participate at its own cost in clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
the defense of any such claim or action through legal counsel of its Rights in Technical Data and Computer Product clause in DFARS
choosing. Subscriber shall not settle any such claim or action without West’s 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial
prior written consent. Computer Product – Restricted Rights clause at 48 CFR 52.227-19, as
9.4 This paragraph 9 contains West’s entire indemnification applicable, and in similar clauses in the NASA FAR Supplement.
obligation and the exclusive remedies of Subscriber with regard to any 11.10 Feedback. Any and all Feedback that Subscriber provides
claimed infringement arising out of or based upon the Software used by to West shall become the exclusive property of West without any payment,
Subscriber. accounting, remuneration, or attribution to Subscriber. “Feedback” means
information provided, in any manner, by or on behalf of Subscriber
10. Term and Termination. with respect to any feature, West product or service, or their enhancement,
Upon any termination of this Subscriber Agreement, the West Software customization, configuration, installation, or implementation, including but not
licenses shall terminate. limited to ideas, concepts, suggestions, materials, functions, methods,
10.1 If this Subscriber Agreement terminates, West will provide processes, and rules.
Subscriber with access to, and the ability to export Subscriber Content for
180 days at no charge. Notwithstanding the foregoing, Subscriber will be 12. Maintenance and Support.
charged for any and all Subscriber Content stored within the Case Logistix-
Hosted, and/or Case Notebook-Hosted applications during the 180 day data
SERIAL 14077-CI
12.1 Service Level Agreement Attachment A sets forth the details
regarding the maintenance and support services offered for West’s
Hosted Practice Solutions.
13. External Users
13.1 Access of Subscriber Content by Third Parties.
Subscriber may allow third parties access to Subscriber’s Content stored
within the Software. Prior to being granted access to Subscriber’s Content
the third party must be invited by Subscriber to view Subscriber Content and
must then assent to the terms and conditions covering usage of the
Software through another agreement contained within the Software prior to
accessing Subscriber’s Content. If a third party invited by Subscriber to
access Subscriber Content does not assent to the terms and conditions
contained within the additional agreement the invited third party will be
denied access to Subscriber’s Content.
SERIAL 14077-CI
ATTACHMENT A to Hosted Practice Solutions Subscriber Agreement – Service Level
Agreement for Hosted Practice Solutions Products
1. Application of Service Level Agreement
1.1. Covered Services. This Service Level Agreement (“SLA”) covers 3.4. Changes in Support Practices. West may modify the terms of
West’s Hosted Practice Solutions Products. this SLA from time to time, to reflect the changes in its support practices,
1.2. Term and Termination. This SLA will take effect from the date provided that Subscriber is not materially adversely affected by such changes.
Subscriber’s order is processed by West and will apply to the Covered Service
only. This SLA shall terminate upon the termination or expiration of this 4. Availability
Subscriber Agreement. 4.1. Availability. West agrees to make the Covered Services available
a minimum of 99% during each relevant calendar month during which a
2. Definitions Covered Service is provided (“Availability”).
2.1. General. Where used in this SLA, unless stated otherwise,
5. Response Time
capitalized words and phrases shall have the respective meanings set forth
5.1. Response to Subscriber. West will make commercially
herein. All references to paragraphs herein shall be deemed references to
reasonable efforts to address Errors and Downtime in a timely fashion.
this SLA unless stated otherwise. “Availability” shall have the meaning set
Response time (“Response Time”) means the time period permitted for West
forth in paragraph 4.1. “Covered Services” means the West products and
to classify the problem or incident according to its severity and nature. After
services as described in paragraph 1.1.
receiving a telephone call from Subscriber, West will open a support ticket
“Downtime” means any identifiable and reproducible error, malfunction or
and commence a technical assessment of the problem.
defect resulting in the interruption to the Covered Services or that otherwise
In the event West discovers or is notified by Subscriber of the existence of
prevents access to the Covered Services.
an Error or Downtime, West will take actions reasonably necessary to
“Error” means a malfunction of some part of the Hosted Practice
determine the source of the Error or Downtime. If the problem is caused
Solutions products of which West has received notification not including third
by a cause not attributable to West, then West will use commercially
party gateways and Internet connectivity or communication or extraordinary
reasonable efforts to notify the party responsible and cooperate with such
(non-traditional user search requirements) of which West has received
party to resolve the problem as soon as reasonably possible. If the source of
notification.
the Error is within the control of West, then West will make commercially
“Force Majeure” shall have the meaning set forth in paragraph 7.
reasonable efforts to resolve the problem as expeditiously as practicable.
“Measurement Period” means the relevant calendar month during
If a timely resolution to an Error or Downtime cannot be found, West may
which a Covered Service is provided.
provide a temporary resolution which will be followed by a permanent
“Response Time” shall have the meaning set forth in paragraph
resolution as soon as reasonably practicable thereafter.
5.1.
“Support” shall have the meaning set forth in paragraph 3.1.
6. Remedies
2.2. Other Terms. Capitalized terms used herein without definition in
6.1. In the event West grossly fails to comply with the terms of this
the Glossary, are used as defined in this Subscriber Agreement.
SLA, and such a breach is not cured within 30 days of receipt of notice by
Subscriber of an Error or Downtime, Subscriber shall be entitled to terminate
3. Support this Subscriber Agreement by providing West with 30 days written notice.
3.1. General. During the term, West will use commercially reasonable West’s failure to comply with the terms of this SLA shall not be deemed a
efforts to respond and resolve Covered Services related queries and Error and “breach” under this Subscriber Agreement, unless there is a persistent and
Downtime incidents, in the manner set forth herein (“Support”). systematic failure by West to comply with the terms and conditions of this SLA.
3.2. Technical Support.
All subscribers have access to a service professional via an 800 telephone Subscriber shall provide prior written notice to West of its intention to assert
number or e-mail address. During the hours listed in section 3.3 a Customer any remedies under this Subscriber Agreement, and shall allow West
Technical Support Representative is available to answer any Covered Services reasonable time to attempt to resolve any issues or concerns the Subscriber
technical questions. may have in connection with this SLA.
3.3. Contact Information. 7. Force Majeure
Concourse Customer Technical Support: Phone: 1- 7.1. Scope. Any delays in or failure of performance by either party
800-787-8717 under this Subscriber Agreement shall not be considered a breach of this
E-mail: support.concourse@thomsonreuters.com Subscriber Agreement if such delay or failure is caused by acts of God,
Hours: 24x7x365 unforeseeable circumstances, acts (including a delay or failure to act) of
any governmental authority (de jure or de facto), embargoes, strikes, labor
Firm Central Customer Technical Support disputes, riots, fire, floods, earthquakes, wars (declared or undeclared)
Phone: 1-800-Westlaw (1-800-937-8529) or other military action, terrorism, sabotage, epidemics or other similar
E-mail: techsupport@thomsonreuters.com caused events beyond the reasonable control of the parties (“Force
Hours: 24x7x365 Majeure”).
7.2. Effect. Neither party shall be liable for any loss or failure to
Case Notebook-Hosted, Case Logistix-Hosted and Thomson perform its obligations under this Subscriber Agreement due to circumstances
Reuters Intelligence Center Customer of Force Majeure. If such circumstances continue for more than three (3)
Technical Support Phone: 1-800-290- months, either party may cancel any affected Covered Service immediately
9378 upon written notice.
E-mail: westlaw.softwaresupport@thomsonreuters.com
Hours: 6:30am to 7:30pm CT Monday through Friday
SERIAL 14077-CI
West Master Software Subscriber Agreement
MASTER AGREEMENT (the “Master Agreement”) entered into between ___________________ (“Subscriber”) and West, a Thomson Reuters business (“West”)
regarding West Software, as follows:
1. Designation of Licensed Products. The terms and conditions of this Subscriber Confidential Information shall not include information that consists of
Master Agreement are applicable to various West Software products. ideas, concepts, know-how or techniques relating to the enhancement,
Subscriber is licensing the West Software product(s) specified in the applicable customization, installation or implementation of the Software. West may access
Exhibit(s) attached hereto and incorporated herein. In the event of a conflict Subscriber’s Software server to provide services as provided in the Agreement.
between the terms and conditions in this Master Agreement and the terms and 5.2 Subscriber acknowledges and agrees that the Software constitutes a
conditions of the applicable Exhibit(s), the terms and conditions of the applicable valuable proprietary product of West and that the Software, together with the
Exhibit(s) shall control. terms of the Agreement, shall be referred to as the “West Confidential
Information.” Subscriber will take reasonable steps to ensure that the West
2. Software License. Confidential Information is not used or disclosed except as expressly permitted
2.1. Grant. West grants Subscriber a non-exclusive, non-transferable, by the Agreement. Subscriber will not permit any third party access to, in any
limited license to use the Software set forth in the applicable Exhibit(s) hereto for manner, the West Confidential Information, except as provided in the
the number of Attorneys or other authorized “Users” (as defined in the relevant Agreement. Subscriber may permit its independent contractors access to the
Exhibit at its licensed site(s) identified in the applicable Exhibit, in object code West Confidential Information to the extent necessary for such contractor’s
only, in Subscriber’s normal course of business, but excluding any new software provision of services to Subscriber if such contractor executes a confidentiality
feature or substantial additional functionality for which West, in its sole agreement with Subscriber or West which prohibits the contractor from using or
discretion, generally charges subscribers of the Software additional software disclosing the West Confidential Information; provided, however, that such
subscription charges). A “Site” means all personal computers, servers or independent contractors may not include any Competitor. A “Competitor” shall
minicomputers (including networked systems) with the same operating system mean a third party that is regularly engaged in the business of developing or
platform at a single location or at different locations which are connected by a marketing software that performs the same or similar functions as one or more
single networked system (i.e., any combination of two or more terminals that are of the modules of the West software implemented by Subscriber.
electronically linked and capable of sharing the use of a single software
product). In addition, Subscriber’s personnel who work at or are assigned to the 6. Charges and Modification of Charges. “Software Subscription Charges”
licensed Site may use the Software on personal computers or laptops located payable by Subscriber for use of the Software will consist of charges for the
off-site. The Software is protected by copyright and various U.S. and software license, and initial implementation, consulting, maintenance, and
international patent applications. support services as provided in paragraphs 11 and 12 herein. During the
2.2. Copying. Subscriber may make copies of the Software for backup Minimum Term as defined herein, Software Subscription Charges shall be billed
purposes only. Each copy made by Subscriber must include the to Subscriber as set forth in this paragraph 6 and in the applicable Exhibit,
copyright/proprietary rights notice(s) embedded in and affixed to the Software. attached hereto, or as otherwise agreed to by the parties in writing. Software
All other copying is prohibited. Subscription Charges may be modified upon at least 30 days prior notice to
2.3. Other Restrictions. Subscriber may not publish, transmit, retransmit, Subscriber in writing or online; provided, however, that Subscriber’s Software
disseminate, broadcast, circulate, sell, resell, loan, lease, distribute or transfer Subscription Charges set forth in the applicable Exhibit hereto shall not be
Software or copies to third parties, nor reverse engineer, decompile, modified during the minimum term set forth in the applicable Exhibit (“Minimum
disassemble or otherwise attempt to discern the source code of the components Term”) following the date West processes Subscriber’s order (“Effective Date”).
of the Software. Subscriber may not use Software, nor allow Software to be Upon conclusion of the Minimum Term, the Agreement will automatically renew
used, to provide data management or processing services for third parties. for consecutive twelve (12) month periods (“Renewal Term(s)”) unless either
Subscriber may not reproduce all or any portion of the Software (except as party gives notice of non-renewal to the other party at least thirty (30) days in
expressly permitted in the Agreement) or any accompanying user advance of any Renewal Term, including the first Renewal Term. In the event of
documentation (“Documentation”), or modify, translate or otherwise create a change in rates for any Renewal Term, West will provide Subscriber with thirty
derivative works of the Software. Subscriber agrees to notify its Attorneys (30) days written or online notice prior to the end of any Renewal Term. In the
and/or authorized Users who may have access to Software of the restrictions event a change in rates is unacceptable to Subscriber, Subscriber may
contained in this Master Agreement and to ensure their compliance with these terminate the Agreement with regard to the Software product at issue upon prior
restrictions. written notice to West any time up to the start of the upcoming Renewal Term.
West Software Subscription Charges are exclusive of applicable sales, use,
3. Other Licenses. The Software may be used to access and use various West value added tax (VAT) or equivalent, ad valorem, personal property and other
products and services, including Westlaw (“West Services”). All access to and taxes, which are the sole responsibility of Subscriber. Subscriber will pay all
use of such West Services by means of the Software, including any charges for invoices in full within thirty (30) days of date of invoice. If full payment is not
such access and use, will be governed by the terms of the applicable West user made, Subscriber may be charged up to the maximum legal interest on any
agreement. unpaid balance. West may withhold and or delay delivery of software or
services if Subscriber fails to comply with this Paragraph 6.
4. Title. Subscriber hereby acknowledges and agrees that all right, title and
interest in and to the Software, the Documentation and any other related 7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
materials are, and shall remain, vested solely in West and other software 7.1 West warrants that for the period ending ninety (90) days after the first
owners, if any, and Subscriber shall not hold itself out as having any ownership date that Subscriber commences production use of the Software (the “Warranty
or other rights with respect thereto, except as specifically granted hereunder. Period”) the Software will substantially conform to the Documentation (available
Except as expressly permitted herein, Subscriber covenants and agrees that it at west.thomson.com.). THE FOREGOING LIMITED WARRANTY IS
shall make no use of the Software, the Documentation or any other related EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT AS
materials without West’s prior written consent. Any and all goodwill associated SPECIFICALLY PROVIDED IN THE AGREEMENT, ANY APPLICABLE
with such rights shall inure directly and exclusively to the benefit of West. SCHEDULE OR LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED “AS
IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
5. Confidential Information. INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE,
5.1 West acknowledges that any documents, the contents thereof, or MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
other proprietary or confidential materials expressly designated as confidential ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.
that are provided to West by Subscriber during the Term of the Agreement SUBSCRIBER’S EXCLUSIVE REMEDY AND WEST’S AND/OR ITS
("Subscriber Confidential Information") are valuable assets of Subscriber. West AFFILIATES’ ENTIRE LIABILITY UNDER THE AGREEMENT, IF ANY, FOR
will take reasonable steps to ensure that the Subscriber Confidential Information ANY CLAIM(S) FOR DAMAGES RELATING TO THE SOFTWARE WHICH ARE
is not used or disclosed except as expressly permitted by the Agreement. West MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN
will not permit any unaffiliated third party access to, in any manner, the CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE
Subscriber Confidential Information, except as provided in the Agreement. AMOUNT OF SOFTWARE SUBSCRIPTION CHARGES PAID BY
SERIAL 14077-CI
SUBSCRIBER RELATIVE TO THE SPECIFIC SOFTWARE FEATURE (i.e., Upon the termination of the Agreement, Subscriber’s license and right to
THE SPECIFIC FUNCTION BEING PERFORMED) WHICH IS THE BASIS OF use the Software or any part thereof shall end immediately and within thirty (30)
THE CLAIM(S) DURING THE TWELVE (12) MONTH PERIOD PRECEDING days of such termination, Subscriber shall return to West the Software, the
THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WEST Documentation, and any other documents, manuals, data, information or
AND/OR ITS AFFILIATES BE LIABLE TO SUBSCRIBER FOR ANY LOST materials furnished by West, as well as any copies thereof and shall destroy any
PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, embodiments of these materials stored in or on a reusable electronic or similar
INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO medium, including but not limited to memory, disk packs, tape, and other
SUBSCRIBER’S RIGHTS UNDER THE AGREEMENT OR USE OF, OR peripheral devices, and certify such destruction in writing to West.
INABILITY TO USE, THE SOFTWARE, EVEN IF WEST AND/OR ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 10. General Provisions.
DAMAGES. NEITHER WEST NOR ITS AFFILIATES MAKE ANY WARRANTY 10.1 Effect of Agreement. This Master Agreement (including any
THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, applicable Exhibits and/or attachments hereto) (collectively, “Agreement”)
COMPLETE OR ERROR FREE. SUBSCRIBER ACKNOWLEDGES THAT embodies the entire understanding between the parties with respect to the
PROVISION OF THE SOFTWARE ENTAILS THE LIKELIHOOD OF SOME subject matter of the Agreement and supersedes any and all prior
HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, understandings and agreements, oral or written, relating to the subject matter.
INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. Furthermore, the Agreement supersedes the terms and conditions of any click
The performance of the Software varies with various manufacturers’ equipment through agreement associated with the Software. Except as otherwise provided
with which it is used. Certain software used by Subscriber may not be capable in the Agreement, West may amend the terms and conditions of this West
of supporting the Software. West does not warrant the level of performance of Master Software Subscriber Agreement by giving Subscriber at least thirty (30)
the Software or that earlier versions superseded by new versions (whether or days prior written notice. During the thirty (30) days following such notice,
not distributed to Subscriber) will continue to be capable of access to and use Subscriber may request in writing to West that the parties enter into good faith
with West Services. negotiations regarding the new terms and conditions. If the parties do not reach
7.2 Failures Not Caused by West. West will not be responsible to the an understanding and do not execute a mutually agreeable amendment to this
extent that the Software fails to perform due to one or more of the following: (1) West Master Software Subscriber Agreement within thirty (30) days thereafter,
the malfunction of software not provided by West (2) the malfunction of Subscriber may terminate the Agreement pursuant to paragraph 9.1(ii) herein
hardware, (3) Subscriber’s negligence or fault, (4) Subscriber’s failure to follow upon written notice to West. Notwithstanding the foregoing, Subscriber may, at
the instructions set forth in the Documentation, (5) material changes in the its option and with written notice to West, continue its access to and use of the
operating environment not authorized by West, (6) modifications to or changes Software for twelve (12) calendar months from the date termination pursuant to
in the Software not made or suggested by West or (7) Subscriber’s failure to paragraph 9.1(ii) herein would otherwise be effective (“Transition Period”), under
implement and maintain a proper and adequate backup and recovery system for the terms and conditions (including pricing terms set forth in the applicable
the West database or user files. If West discovers that a failure is caused by Exhibit hereto) of the Agreement, as modified by the new amendment. During
one of the above, West reserves the right to charge Subscriber for its work in the Transition Period, West shall be relieved of its obligations under paragraphs
investigating such failure. At Subscriber’s request and at a fee to be agreed 11 and 12 of this Master Agreement. Any other amendment must be in writing
upon, West will thereafter assist Subscriber in resolving such failure. It is and signed by both parties. West, as used herein, applies to West Publishing
Subscriber’s responsibility to develop and implement a proper and adequate Corporation and West Services, Inc.
backup and recovery system. 10.2 Force Majeure. West shall not be liable for any delay or failure in
7.3 Exclusive Remedies. The remedies in paragraphs 8.1 performing hereunder if caused by factors beyond its reasonable control, such
(Infringement Claims), 9 (Term and Termination) and 12.4 (Remedies) are as acts of God, acts of any government, war or other hostility, civil disorder, the
Subscriber’s exclusive remedies and are in lieu of all other legal or equitable elements, fire, explosion, power failure, equipment failure, industrial or labor
remedies and all liabilities or obligations on the part of West for damages dispute, inability to obtain necessary supplies and the like.
(except for bodily injury) arising out of, relating to, or in connection with this 10.3 Notices. Except as otherwise provided herein, all notices must be in
Agreement, including, but not limited to, the licensing, delivery, installation, use writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota
or performance of the Software or the integration of the Software with other 55164 - 1803, Attention: Customer Service, and to Subscriber at the address
software or hardware. first set forth below.
10.4 Governing Law and Jurisdiction for Non-Government
8. Indemnification. Subscribers Only. The Agreement will be governed by and construed under the
8.1 Infringement Claims. At its sole expense, West shall defend, law of the state of Minnesota, U.S.A. without regard to conflicts of law
indemnify and hold Subscriber harmless from copyright, trade secret and U.S. provisions. The parties agree that the state and federal courts sitting in
patent infringement claims based upon the Software in the form delivered by Minnesota will have exclusive jurisdiction over any claim arising from or related
West, including paying any judgment, attorney fees, costs and expenses to the Agreement and each party consents to the exclusive jurisdiction of such
associated with such claim. courts.
8.2 Without limiting its obligations under paragraph 8.1, in the event a 10.5 Governing Law and Jurisdiction for Government Subscribers
claim of infringement or misappropriation is made against West or Subscriber Only. The Agreement will be governed by and construed under the law of
with respect to the Software, West, for the purpose of settling such claim, may, Subscriber’s state. The state and federal courts sitting in Subscriber’s state will
at its option, in respect of such allegedly infringing Software: have exclusive jurisdiction over any claim arising from or related to the
(i) substitute fully equivalent non-infringing software; or Agreement and each party consents to the exclusive jurisdiction of such courts.
(ii) modify the Software so that it no longer infringes but remains 10.6 Assignment. Neither the Agreement nor any part or portion may be
functionally equivalent. assigned, sublicensed or otherwise transferred by Subscriber without West’s
If, as a result of such claim, Subscriber or West is permanently enjoined from using the prior written consent. Should any provision of the Agreement be held to be void,
Software by a final, non-appealable decree from a court of competent jurisdiction, West invalid, unenforceable or illegal by a court, the validity and enforceability of the
will take one or both of the actions set forth in (i) and (ii) above or will obtain for other provisions will not be affected thereby. Failure of any party to enforce any
Subscriber at West’s expense the right to continue to use the Software. provision of the Agreement will not constitute or be construed as a waiver of
such provision or of the right to enforce such provision. The headings and
8.3 West’s obligation to indemnify Subscriber pursuant to this paragraph 8 captions contained in this Master Agreement are inserted for convenience only
is contingent upon West being given prompt notice and control of, and detailed and do not constitute a part of this Agreement.
information with regard to, any such claim, suit or proceeding. Subscriber shall 10.7 Limitation of Claims. Except for claims brought by West relating to
have the right to participate at its own cost in the defense of any such claim or the Software Subscription Charges or improper use of the Software, no claim,
action through legal counsel of its choosing. Subscriber shall not settle any regardless of form, which in any way arises out of the Agreement, may be
such claim or action without West’s prior written consent. brought more than one year after the basis for the claim becomes known to the
8.4 This paragraph 8 contains West’s entire indemnification obligation and party desiring to assert it.
the exclusive remedies of Subscriber with regard to any claimed infringement 10.8 Export Laws. The Software and its related Documentation may not
arising out of or based upon the Software used by Subscriber. be exported or reexported in violation of the U.S. Foreign Corrupt Practices Act
and its implementing regulations, the U.S. Export Administration Act and its
9. Term and Termination. implementing regulations or any other applicable laws, rules and regulations.
Subscriber shall bear all expenses relating to any necessary licenses and/or
SERIAL 14077-CI
exemptions with respect to the export from the United States of the Software to 11.3 Subscriber Obligations.
any location so as to be in compliance with all applicable laws, rules and 11.3.1 Cooperation. Subscriber shall ensure that West’s personnel are
regulations. provided with such information under Subscriber’s control as is reasonably
10.9 U.S. Government Restricted Rights. Use, duplication or disclosure necessary to enable West to comply with its obligations hereunder.
by the Government is subject to restrictions set forth in subparagraphs (a) 11.3.2 Updates and New Versions. In the event that West determines that
through (d) of the Commercial Computer-Restricted Rights clause at FAR any of Subscriber’s reported maintenance problems cannot be resolved due to
52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Subscriber’s failure to install Updates or procure new Versions of the Software,
Technical Data and Computer Product clause in DFARS 252.227-7013, or in Subscriber will be given a reasonable opportunity to install such Updates or
subdivision (c)(1) and (c)(2) of the Commercial Computer Product – Restricted procure a new Version. If, after such opportunity, Subscriber fails or otherwise
Rights clause at 48 CFR 52.227-19, as applicable, and in similar clauses in the refuses to install such Updates or procure such new Version, West shall be
NASA FAR Supplement. relieved of its obligations under this paragraph 11.
10.10 Feedback. Any and all Feedback that Subscriber provides to West
shall become the exclusive property of West without any payment, accounting, 12. Implementation and Training Services.
remuneration, or attribution to Subscriber. “Feedback” means information 12.1 Installation of the Software. West and Subscriber shall cooperate to
provided, in any manner, by or on behalf of Subscriber with respect to any identify the hardware and related communications equipment necessary for
Feature, West product or service, or their enhancement, customization, installation of the Software. Installation of all hardware and supporting software
configuration, installation, or implementation, including but not limited to ideas, so that minimum configuration requirements for installation of the Software are
concepts, suggestions, materials, functions, methods, processes, and rules. met is the responsibility of Subscriber. Once the configuration of the hardware,
10.11 Survival. Paragraphs 4 (Title), 5 (Confidential Information), 6 including the operating system, conforms to the minimum configuration
(Charges and Modification of Charges), 7 (Disclaimer of Warranties and requirements provided by West, West shall provide instructions for the download
Limitation of Liability), 8 (Indemnification), 9 (Term and Termination), 10 and installation of the Software (“Installation”).
(General Provisions); and 12.4 (Remedies) shall survive any termination of this 12.2 Subscriber Obligations. When West performs any services at
Master Agreement. Subscriber’s facility, Subscriber shall be responsible for providing a safe and
appropriate work space and access to all terminals, materials and related
11. Maintenance Terms. resources that may be reasonably required by West for timely performance of its
11.1 Maintenance Services. Maintenance Services consist of the obligations hereunder. Subscriber shall provide to West in a timely manner any
following: information, assistance, review, feedback or approvals that are the responsibility
11.1.1 Updates. West may provide Updates for the Software to Subscriber. of Subscriber hereunder.
Updates shall mean periodic Software releases, if any, for purposes of 1) 12.3 Training. West shall make training available to Subscriber at
providing minor new functionality or features, or 2) resolving technological issues locations and times to be mutually determined by West and Subscriber.
related to Subscriber’s then-current Version (as defined below) of the Software. 12.4 Remedies. Subscriber’s sole remedy for West’s material breach of
Subscriber will be responsible for installing such Updates. its obligations under this paragraph 12 will be to have West reperform the
11.1.2 Telephone Support. West will provide telephone support for defective services so that they conform to the specifications provided herein. If
purposes of handling Subscriber questions relating to the operation of the West is unable after a reasonable time to provide conforming services, ,
Software. Telephone support is provided by West Customer and Technical Subscriber may terminate the relevant Exhibit if such defective services cause
Support Representatives at 1-800-937-8529 or other such telephone number as the Software to fail to conform to the Documentation provided with the Software.
set forth in the applicable Exhibit.
11.2 West Obligations.
11.2.1 West’s obligations hereunder will extend only to (a) the Updates and
Versions of the Software provided to Subscriber by West (see the applicable
Exhibit); and (b) Software that has not been modified or altered in any way by
anyone other than West or under West’s direction. As used herein, “Version”
means a new release of the Software (outside a point release) that includes a
major revision, alteration, improvement, modification, or the like, to the current
Software release.
11.2.2 Maintenance Services will not include services for the items for
which West is not responsible set forth in paragraph 7.2 of this Master
Agreement.
SERIAL 14077-CI
WEST PUBLISHING CORPORATION, 610 OPPERMAN DRIVE, EAGAN, MN 55123
PRICING SHEET: NIGP CODE 95670
Terms: NET 30
Vendor Number: W000001926 X
Certificates of Insurance Required
Contract Period: To cover the period ending February 28, 2020.