HomeMy WebLinkAboutCAG2019-0350 - Original - Lexis Nexis - Inmate Law Library Software - 09/01/2019tlä,44,
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KENT ForApprovals, Signatures and Records Management
WasHtñcfoN
Thls fo¡m comblnes & replaces thê Request for Mayo/s Slgnature ând Contract Covêl Sheet forms.
(Pr¡nt on pink or cherry colored paper)
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Originator:cmdr. Mccuistion lftfu/î¿Department:Police
Date Sent:
I
07/L2/te Date Required:07/L9/L9
Authorized
to Sign:ø Director or Designee
Mayor
Date of
Council
Approval:
N/A
Budget
Account
Number:
10002500-63600 Grant?
Type:
Yes Øto
N/A
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Vendor
Nome:Lexis Nexis Category:Contract
Vendor
Number:Sbqbl Sub-Category
Project
Name:Law Library
Project
Details:Purchase software to create an inmate law library fulfill legal requirement
Agreement
Amount:$2,700 per year Basis for
Selection of
Contractor:
Direct Negotiation
Start Date:09/0t/L9 Termination Dote:08/3L/22
Notice required prìor to
disclosure?f, v"'No Contract Number:
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Date Received by City Attorney:
+lt+lint
Comments:
ot>
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
Date Sent to Originator:
Visit DqcUments.KentWA.gov to obtain copies of all agreements
adccw22373_6_1 9
a
Confidential
Ü LexisNexis.
ment for Prison Solutions
l. OrganizationName(FullLegalName): CITY OF KENT CORRECTIONS
2. Physical Address I23O SOUTH CENTRAL AVE KENT wA 98032
"Customer": City of Kent Conections
City: KENT State: WA zip: )gQJ)
3. County: King County 4. Country: USA
5. Telephone Number: 253-856-5969
7. Invoice Address (email and physical address):
8. Name of Contact, Telephone Number and Email Address for the following:
C)veralllnstallation: Sgt. Mike Armstrong 253-856-5969
6. Fax Number:
MArmstrong(Ð,kentwa.gov
Jill Fuller 253-856-5961 ìfuller@,kentwa.govBilling:
Policy/Legal Notifrcation:
Scheduling/Training:
g. Tax Exempt: f] Ves (attach Sales Tax Exemption Certifrcate) ! No
10. Organization Web Address:
I l. X If this box is checked, then Customer has requested to be billed and will pay for a whole Order Period at a time.
Customer agrees to license the Products listed in the tables below on the terms of this Agreement.
PRISON SOLUTIONS Order Periods Monthly
Annual
Xn
to $
to $
to $
to $
to $
and for'DISTRIBUTED MEDIA' - EHD DVD NiA
Acct Number: TBD Qty of each of those
checked above:
# of Terminals
ofeach ofthose checked
above:
Distributed Media Prison Solution ISBN#Librarv #
Check Box if Address and or Contact Name is same as above
Address:
Contact Name:
4833-0203-7648v1 201903 Page 1 of 8
Kiosks*
Quantity Vendor One-time
charge
oer each
Shipping &
Handling
per each
Taxes
(orN/Ð
oer each
TOTAL
for
Kiosks
$$$$
*NOTWITHSTANDING ANYTHING TO THE CONTRARY, CUSTOMER AGREES TFIAT LN/I\48 ACT ONLY AS A BILLING AGENT AND
HAVE NO LIABILITY OR OBLIGATIONS (IN WARRANTY OR OTHERWISE) FOR THE KIOSKS.
E
Customer IP Address
Location IP Address
Kent, WA
ONLINE ACCESS Staff User Name(s) List
ID Holder Name ID Holder Email address
See attached for additional names
ONLINE ACCESS Order Periods Monthty ffi
Annual tr
Besinnins Activation to 813t/2019 $o
Beginnins 9ll/2019 to 8t3t/2020 822s
Beginning 9/t/2020 to 8l3t/2021 s228
Beginning 9/t/2021 to 8/312022 s23 I
Beeinnine to s
Confidential
&for 'ONLINE SERVICE'- STAFF ONLY N/A
Total # Government Professionals:Billsroup #:
Preferred Pricing Materials Source/Menu #Shepards
See attached for additional Preferred Materials
&for 'ONLINE SERVICE' - Staff on Behalf Of Inmate Inmate Access N/A
Total # Terminals: Enterprise/l I Oadp Billsroup #:
Preferred Pricing Materials Source/Menu #Shepards
Corrections Library 1s21290
National Primary Plus 101 l5l0 Full
Washington Practice Library 1012239
See attached for additional Preferred Materials
4833-0203-7648 v1 201903 Page 2 of I
rf
A,DDITIONAL TERMS FOR ALL PRODUCTS
The following additional terms are for the implementation of all Products, whether Distributed Media-Type or Online Services -type Products.
Depending on the t)?e of Produc! additional terms in an additional corresponding section below also apply.
Preliminary Definitions (other definitions elsewhere herein)
l.l "Authorized Users" means each of the Customer's employees
and inmates under Customer's control and supervision at Customer's
facility who are authorized by Customer to access and use the
Materials, unless a more specific restriction is applied to a certain
Product.
1.2 "Materials" means the materials available in or through the
Product.
1.3."LexisNexis" or "LN" means LexisNexis, a division of RELX
Inc., a Massachusetts corporation.
2. License; Restrictions on Use; Products
2.1 Customer and its Authorized Users are granted a non-exclusive,
non-transferable, limited right to access and use the Product made
available under this Agreement for legal research purposes. The
rights granted to each Authorized User are as follows:
2.1.1 The right to electronically display Materials retrieved through
the Product for the Authorized User's individual use to no more
than one person at a time;
2.1.2. The right to download or make printouts of Materials using the
commands of the Product and to create a single printout of Materials
accessed via commands ofthe Product ("Authorized Printouts");
2.3.3. Use the Product or Materials to develop a database, infobase,
online or similar database service, or other information resource in
any media (print, electronic or otherwise, now existing or developed
in the future) for sale to or use by others; or
2.3.4. Copy, reverse engineer, decompile, disassemble, derive source
code, modi! or prepare derivative works of the Product or Materials;
or
2.3.5 Use the Product or Materials in a manner that is non-compliant
with any applicable laws, rules or regulations.
2.4.The Products, Materials, and feature functionality within the
Products may be enhanced, added to, withdrawn, or otherwise
changed by LN without notice.
2.5. Proprietary Rights
2.s.1 The Product and Materials and any copyrights, trademarks,
patents, trade secrets, intellectual propefty rights and other
proprietary rights in and to the Product and Materials are owned by
LN and its contractors and content suppliers. Customer acquires no
proprietary interest in the Product, Materials, or copies thereof.
3. Pricing Payment
3.1.Pricing listed in this Agreement does not include any applicable
taxes, which shall also be due from Customer (if applicable).
Customer will have 30 days to pay each invoice. Amounts
which have not been paid within 30 days after the invoice date are
thereafter until paid subject to a late payment charge at a rate equal to
l5Yo per annum (or, if less, the ma,ximum rate permitted under
applicable law). Additionally, LN shall have the right to terminate
this Agreement and retain all sums paid by Customer. Customer
shall be responsible for collection costs including, but not limited to,
collection agency fees, reasonable attomeys' fees and court costs.
In the event Customer is a govemment agency or body, this is a
multi-year contract, and sufücient funds are not appropriated or
allocated for payment under this Agreement for any future frscal
period, LN may terminate this Agreement effective on the last day of
the last Order Period that was funded by providing Customer with at
least l0 days prior written notice. Customer will not be obligated to
make payments for services or amounts incurred after the end of the
last funded fiscal period. No penalty or expense shall accrue to
Customer in the event this provision becomes effective.
4.Term and Termination
The term of this Agreement will begin on the first day of the
first Order Period speciflred above and will end on the last day ofthe
last Order Period ("Term").
Customer may not terminate this Agreement under any terms
related to the Products provided during the Term; provided however,
either parly may terminate this Agreement during the Term for a
material breach by the other. Prior to exercising such right of
2.1.3.
2.1.4.
The right to retrieve via downloading cornmands of the Product 3.2.
and store in machine-readable form, primarily for one person's
exclusive use, a single copy of insubstantial portions of Materials
included in any individual frle, provided that storage is for no more
than 90 days; however, for court caseso court rules, court briefs,
agency issued documents, agency regulations or executive branch
materials from the United States, its states, local governments, or
territories, the storage need not be limited to 90 days but must
comply with other restrictions in this Agreement; and
3.3.
To the extent permitted by applicable copyright law, the right to
make copies of Authorized Printouts and distribute Authorized
Printouts and copies.
Except as specifically provided in Section 2. 1, Customer and its
Authorized Users are prohibited from downloading, storing,
reproducing, transmitting, displaying, copying, distributing, or using
Materials retrieved Ílom the Product, and may not print or download
Materials without using the commands of the Product.
2.3. Customer and its Authorized Users are not permitted to:
4.1
2.3.1 Remove or obscure any copyright notice or other notice or
terms of use contained in the Product or Materials;
2.2.
2.3.2. Use the Product or Materials in any fashion that may infringe
any copyrighq inþllectual properfy right or proprietary or propeffy
right or interest ofLN or its contractors or content suppliers;
4833-0203-7648v1 201903
4.2.
Page 3 of 8
4.3.
4.4.
5.3.
termination, the non-breaching party must first provide the breaching 5.4.
party with 30 days prior written notice setting forth with specificity
the nature of the breach. If such breach remains uncured 30 days
after the aforementioned breach notice is given, the non-breaching
party may terminate immediately upon written notice. If Customer
terminates this Agreement pursuant to this Section, then Customer
will pay all charges incurred up to the date of termination.
5.5.
LN may terminate this Agreement immediately upon written
notice to Customer in the event: (i) any subcontracting agreement
between LN and its third party suppliers expires or is terminated, (ii)
any LN supplier becomes insolvent or makes an assignment for the
benefit of creditors, or (iii) any LN supplier is unable or fails to
perform the services that are required in order for LN to perform their
obligations hereunder. Notwithstanding anything to the contrary in
this Agreement LN may suspend or discontinue providing the
Product to Customer or its Authorized Users (in whole or part)
without notice and pursue any other remedy legally available to it if
Customer fails to comply with any of Customer's obligations
hereunder.
Notwithst¿nding the above, if the Customer is not a govemment
entity, then the Customer may terminate this Agreement upon written
notice to LN if (D the governmental body for whom the Customer is 5.6.
operating the prison ("Govemment Entity') stops using the facilities
attributable to this Agreement, or (ii) Govemment Entity determines,
in an official certified statement, supplied to Custome¡ that the LN
services covered in this Agreement do not meet the requirements of
the Agreement or applicable law or regulation.
5. Wananties; Liabilities/Remedies
5.l.LN represents and warrants that it has the right and authority
to make the Products available to Customer and its Authorized
Users as authorized expressly by this Agreement.
5.2.
E
Confidential
"Covered Party" means (a) LN, its affiliates including Matthew
Bender, and any ofücer, director, employee, subcontractor, agent,
successor, or assign of LN or its affrliates; and (b) each third party
supplier of Materials, their affiliates, and any officer, directo¡
employee, subcontractor, agent, successor, or assign of any third
party supplier of Materials or any of their affrliates.
TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL
THE AGGREGATE LIABILITY OF THE COVERED PARTIES
ARISING OUT OF OR RELATING TO THE PRODUCTS OR
MATERIALS OR THIS AGREEMENT, REGARDLESS OF THE
NATURE OF THE CAUSE OF ACTION, WHETHER IN ONE
CLAIM OR IN MULTIPLE CLAIMS, EXCEED THE LESSER
OF CUSTOMER'S ACTUAL DIRECT DAMAGES OR THE
AMOUNT CUSTOMER PAID FOR THE PRODUCT IN THE
TWELVE MONTH PERIOD IMMEDIATELY PRECEDING
THE DATE THE CLAIM AROSE. CUSTOMER'S RIGHT TO
MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH CUSTOMER OR
ITS AUTHORIZED USERS MAY HAVE AGAINST ANY
COVERED PARTY.
TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE COVERED PARTIES SHALL NOT
BE LIABLE (V/HETHER RELATED TO STATUTE, TORT,
STRICT LIABILITY, CONTRACT, BREACH OF WARRANTY
OR OTHERWISE) FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES, LOSS OF PROFITS, DATA,
BUSINESS OR GOODWILL, EVEN IF A COVERED PARTY
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
IN ANY WAY DUE TO, RESULTING FROM, ORARISING IN
CONNECTION WITH THE PRODUCT, MATERIALS, OR THE
FAILURE OF ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF
ANY COVERED PARTY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO INDEMNITY
OBLIGATIONS OR CUSTOMER'S (AND ITS AUTHORIZED
USERS) INFRINGEMENT OF INTELLECTUAL PROPERTY
OR MISAPPROPRIATION OF PROPRIETARY DATA
BELONGING TO LN OR ITS THIRD PARTY SUPPLIERS.
LN ALSO SHALL NOT BE LIABLE FOR, AND SHALL BE
EXCUSED FROM, ANY FAILURE TO PERFORM OR DELAY
TN PERFORMANCE DUE TO CAUSES BEYOND THEIR
REASONABLE CONTROL, INTERRUPTIONS OF POWER OR
TELECOMMUNICATIONS SERVICES, ACT OF WAR,
TERROzuSM OR NATURE, GOVERNMENTAL ACTIONS,
FIRE, FLOOD, NATURAL DISASTERS OR SIMILAR EVENTS.
Ifthere is a breach ofthe warranty in Section 5.1 above, then
LN at its option and expense, shall either defend or settle any
action and hold Customer harmless against proceedings or
damages of any kind or description based on a third party's claim
of patent, trademark, service mark, copyright or trade secret
infringement related to use of the Products or Materials, asserted
against Customer by such third party (excluding any decisions or
advice made or given as a result of the use of or reliance upon the
Materials) provided: (i) all use of the Products and Materials was
in accordance with this Agreement; (ii) the claim, cause of action
or infringement was not caused by Customer or its Authorized
Users; (iii) Customer gives LN prompt notice of any such claim;
Page 4 of I
5.7
5.8
EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.I,
THE PRODUCTS AND MATERIALS ARE PROVIDED ON AN
''AS IS"O 'AS AVAILABLE" BASIS AND LN AND EACH
THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING FROM A
COURSE OF DEALING. LN DOES NOT WARRANT THE
ACCURACY, RELIABILITY OR CURRENTNESS OF THE
MATERIALS.
A Covered Parly (as defined below) shall not be liable for
any losso injury, claim, liability, or damage of any kind resulting in
any way from (a) any emors in or omissions from the Products or
any Materials available or not included therein, (b) the
unavailability or interruption of the Products or any features
thereof or any Materials, (c) Customer's or an Authorized User's
use of the Product or Materials regardless of whether Customer
received any assistance from a Covered Party in using the Product or
Materials), (d) the loss or conuption of any data or equipment in
connection with the Product, (e) the content, accuracy, or
completeness of Materials, all regardless of whether Customer or
an Authorized User received assistance in the use ofthe Product or
Materials from a Covered Party, (Ð any delay or failure in
performance beyond the reasonable control ofa Covered Party, or
(g) any çontent refered to in the Materials.
4833-0203-7648v1 201903
and (iv) Customer gives LN the right to solely control and direct
the investigation, defense and settlement of each such claim.
Customer, at LN's expense, shall reasonably cooperate with LN in
connection with the foregoing.
5.9 Should the Product or the operation thereof or Materials
become, or in the opinion of LN be likely to become, the subject of a
claim of infringement, Customer shall permit LN, at its sole option
and expense, either (i) to procure for Customer the right to continue
using the Product or Materials, (ii) to replace or modifr the same so
that it becomes non-infringing; or (iii) terminate Customer's use of
the Product (thus, terminating the portion of this Agreement related
to the related Product) upon notice to Customer and grant Customer
a pro-rata refund or credit (whichever is applicable) for any pre-paid
fees or fixed charges.
5.10. The provisions of Sections 5.8 and 5.9 shall constitute
Customer and its Authorized Users sole and exclusive remedy for
the respective matters specified therein.
5.1l. LN shall have no responsibility to Customer under this Section 6'4'
5 with respect to any use of the Products or Materials in a manner not
authorized by this Ageement; or for any abuse or modification of the
Products or Materials by Customer or its Authorized Users.
5.12. Customer, at its expense, shall defend, or at its option, settle
and hold LN harmless for any action or proceeding ofany kind or
description based upon a third parfy's claim arising from or related
to employees or inmate's use or misuse of the Product or any other
online service the employees or inmates are able to access via the
Product provided (i) the claim or cause of action was not caused by
LN; (ii) Customer is given prompt notice of any such claim; and
(iii) Customer is given the right to control and direct the
investigation, defense and settlement of each such claim to the
fullest extent permitted by law. LN, at the expense of Customer,
shall reasonably cooperate with Customer in connection with the
foregoing. If notified promptly in writing of any claim, demand or
a judicial action brought against LN based on an allegation the
employees or inmate's use or misuse of the Product or any other
online services accessed via the Product constituted the claim,
injury or cause of action, then Customer will pay all costs,
including reasonable attorneys' fees, associated with resolving
such claim and will pay the judgment or settlement amount (if
any)'
5. l3 On an annual basis, and upon 10 days written notice from LN,
Customer will reasonably cooperate with LN to audit to ensure that
the Customer's and its Authorized User's requirements under this
Agreement are being fulfilled. Any audit will be during Customer's
normal business hours and at a mutually agreeable date and time and
will be conducted in a manner such that it shall not unreasonably
impact Customer's business operations.
6.Miscellaneous
6.1 Subject to any state open records or freedom of information 6'9'
statutes, this Agreement contains confidential pricing information of
LN. Customer understands that disclosure of the pricing information
contained herein could cause competitive harm to LN, and will
receive and maintain this Agreement in trust and confidence and take
confidence and take reasonable precautions against such disclosure
to any third person. This Section will survive the termination or
expiration of this Agreement.
nı
Confidential
If LN accepts an order for a Product on a purchase order issued
by Customer ("PO'), the terms and conditions of the PO are for
Customer's intemal purposes only and shall in no way modif, or
aflect the terms of this Agreement.
Except as otherwise provided herein, all notices and other
communications hereunder shall be in writing or displayed physically
on or near, or electronically in, the Product. Furthermore, this
Agreement may not be supplemented, modified or otherwise
revised by email exchange even if the email contains a printed
name or signature line bearing signature-like font. The foregoing
does not prohibit the execution of electronic contracts bearing
electronic signatures of authorized representatives of both parties,
provided such signatures include digital certifications or are
otherwise authenticated. Notices shall be deemed to have been
properly given on the date deposited in the mail, if mailed; on the
date first made available, if displayed in the Online Services; or on
the date received, if delivered in any other manner. Legal notices
to LN should be sent to LexisNexis, Attn: Chief Legal Offrcer,
9443 Springboro Pike, Miamisburg, OH 45342.
This Agreement contains the entire agreement between the
parties with respect to its subject matter and replaces and
supersedes any prior written or verbal communications,
representations, proposals or quotations on that subject matter.
This Agreement may be arnonded only by a writing signed by both
parties, Notwithstanding the foregoing, LN may change the license
terms immediately upon written notice to Customer. If any changes
are made to this Agreement, such changes will: (a) only be applied
prospectively; and (b) not be specifìcally directed against
Customer or its Authorized Users but will apply to all similarly
situated LN customers using the Product or the Materials therein
(as applicable).. Customer may terminate this Agreement upon
written notice to LN if any such change to terms and conditions is
unacceptable to Customer. For termination to be effcctive under
this Section, written notice of termination must be provided to LN
within 90 days ofthe effective date ofthe change. Continued use
of the Product following notice of the change shall constitute its
acceptance of the change.
The sections of this Agreement that by their nature survive
termination or expiration of this Ageement shall so survive
termination or expiration of the Agreement.
The failure of LN or any third party supplier to enforce any
provision hereof shall not constitute or be construed as a waiver of
such provision or ofthe right to enforce it at a later time.
Each third party supplier of Materials has the right to assert and
enforce these provisions directly on its own behalf as a third party
benefrciary.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington regardless
of the law that might otherwise apply under applicable principles
of conflicts of law.
This Agreement will be enforced to the fullest extent
permitted by applicable law. If any provision of this Agreement is
held to be invalid or unenforceable to any extent, then (a) such
provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent
with its original intent and (b) such invalidity or unenforceability
will not affect any other provision of this Agreement.
6.2.
6.3.
6.5.
6.6.
6.7.
6.8.
4833-0203-7648 v1 201903 Page 5 of 8
6.10.Neither Customer nor any Authorized User may assign rights
or delegate duties under this Agreement without the prior written
consent ofLN, which consent shall not be unreasonably withheld.
This Agreement and pricing herein is prefered pricing that is
based on the overall characteristics that the listed customer has
E6
Confidential
represented and the Products and Materials subscribed to
hereunder. This Agreement and any amendment thereto shall be
binding on, and will inure to the benefit of the parties and their
respective successors and permitted assigns.
ADDITIONAL TERMS FOR DISTRIBUTED MEDIA PRODUCTS
The following terrns are additional terms for the implementation of Distributed Media Products. For Distributed Media Products, the terms for all
Products in the additional corresponding section above also apply. If there is a conflict between the below terms and any other terms in this Agreement
for this particular Distributed Media Product, the below terms will control. LN and Matthew Bender & Company, Inc. ("M8") provide DP-type Products.
r.2.
L Preliminary Definitions (other definitions elsewhere herein)
I.l "Producf includes the Distributed Media Product that includes
the Materials and the Distributed Media on or through which the
Materials are provided to the Customer by LN/N4B.
"Distributed Media" means the set of one or more DVDs and/or
Extemal Hard Drives provided by LN/lvlB to Customer that contains
the Materials.
II. Distributed Media -Type Service
U.l. During the Term, LNA4B will provide Customer and its
Authorized Users with access to and use of the Product. The number
ofcopies ofthe Product and the delivery locations for such Product
are set forth above.
1I.2. LN/N4B will use reasonable efforts to update the Distributed
Media on monthly or quarterly basis (depending upon the materials).
II.3. Customer understands and acknowledges that LN/l\48 may use
one or more of its approved subcontractors to install any Kiosk
Prison Solution ordered.
MB will serve as LN's billing agent during the Term. MB will
provide Customer with one consolidated invoice for the Distributed
Media which shall be provided to Customer as set forth above.
Customer will pay the commitments to MB and MB will remit to LN
that portion of the commitments that is due to LN under this
Agreement.
Termination
Upon termination of this Agreement, at the direction of LN/MB,
Customer will either cease all use of and destroy the Distributed
Media or retum the Distributed Media to LN/\48 at LexisNexis, 701
East Water Street, Charlottesville, Virginia 22902, or such other
address as LNA4B may direct.
Wananties; Liabilities/Remedies; other
ilt.2.
IV.
IV.1.
v.l.
m.
III. I.
Pricing; Payment
In exchange for access to and use of the Distributed Medi4
Customer will pay LN/\48 the charges set forth above, which
CUSTOMER'S EXCLUSIVE REMEDY AND LN/I\4B'S
SOLE OBLIGATION WITH RESPECT TO DEFECTIVE
DISTRIBUTED MEDIA WILL BE THE RIGHT TO RETURN
THE DEFECTIVE DISTRIBUTED MEDIA FOR A
REPLACEMENT COPY AT NO ADDITIONAL CHARGE.
V.2. ALL REFERENCES IN THE "ADDITIONAL TERMS FOR
ALL PRODUCTS'' SECTION ABOVE TO LN SHALL BE READ
AS LNMB AS IT RELATES TO THE DP-TYPE PRODUCTS.
includes all for and
The following tenns are additional terms for the implementation of Online Services-Type Products. For Online Services -Type Products, the terms for all
products in the additional corresponding section above also apply. If there is a conflict between the below terms and any other terms in this Agreement
for this particular Online Service-Product, the below terms will control. LexisNexis, a division of RELX Inc. ("LN") provides Online Services -type
Products.
A. preliminary Definitions (other definitions elsewhere herein) the "Staff Only Participating Billgroups"' collectively' the "Staff
Participating Billgroups") set forth in this Agreement and the
A.l. ,.product ' includes the onrine service that incrudes the Authorized users under the staff Participating Billgroups'
Materials and the Online Services on or through which the Materials 8.1.2. For Staff participating Billgroups, an ..Authorized User,' is
are provided to the Customer by LN. flirther restricted to mean only individuals to whom Customer
A.2. ,.online services" means rhe onrine services provided by LN to tr;ïËi;fl,:il,'1äl,rf'*t'r'å;"T",il:i;' ,ir.Ì:'i:flÏiflÏ:
Customer that contains the Materials. Customer's employees, temporary employees, and contractors.
B. Additional License Terms for types of Online Services Access 8.1.3. Customer agrees that each LN ID may only be used by the
Authorized User to whom it is assigned and may not be shared with
or used by any other person, including other,Authorized Users.
Customer will manage its roster of Authorized Users and will
promptly notifi/ LN to deactivate an Authorized User's LN ID if the
Authorized User no longer works for Customer or Customer
otherwise wishes to terminate the Authorized User's access to the
Online Services. Customer is responsible for all use of the Online
Page 6 of 8
B.l STAFF ACCESS (additional terms for Staff on Behalf of
Inmates access and StaffOnly access, as may be provided pursuant to
this Agreement)
B.1.1. This Section B.l relates only to the Customer's Billgroups and
locations (the "Staff on Behalf of Inmates Participating Billgroups,"
4833-0203 -7 648 v1 201903
ADDITIONAL TERMS T'OR ONLINE SNNVTCNS-TYPE PRODUCTS
Services accessed with LN IDs, including associated charges, and for
use ofthe Online Services by temporary employees and contractors
to the same extent as if they were Subscriber's employees. Customer
will implement policies and procedures to prevent unauthorized use
of LN IDs and will immediately notiff LN, in writing, if it suspects
that an LN ID is lost stolen, compromised, or misused.
8,1.4. Customer certifies that on the date this Order is signed by
Customer there are the number of staff professionals as set forth
above (the "Reference Number") in Customer's organization. Upon
the request of LN, Customer will recertiff to the Reference Number.
8.1.5 In consideration of Customer's payment to LN of the
commitment amounts specified above, the Staff Participating
Billgroups will be provided access to and use of certain Materials,
products, services and features, identifred by source/menu number
above as available in the Online Services. If Customer is an existing
LN customer and this is a revision to Customer's Materials for Staff
and commitment, fees will be prorated for the month (or other period
as indicated) in which the change becomes effective if the change
occurs other than on the first day of the month (or other period as
indicated).
8.1.6. At no additional charge, the StaffParticipating Billgroups may
do offline printing, online printing and saving to disk of Materials
related to the type of access provided for under this Agreement, as
shown above.
8.2.INMATE ACCESS (additional terms for Inmate access, as may
be provided pursuarìt to this Agreement)
8.2.1. This Section 8.2 relates only to the Customer's Billgroups and
locations (the "Inmate Participating Billgoups") set forth in this
Agreement and the Authorized Terminals under the Inmate
Participating Billgroups.
8.2.2. "Authorized Terminals'n means an individual computer (e.g.,
laptop, workstation, etc.) kiosk or dumb terminal for which there is
embedded an LN identification number to access the LN Online
Services under an Inmate Participating Billgroup ("LN ID"). For
Inmate access, "Authorized Users" are restricted to only Customer's
employees and inmates under Customer's control and supervision
accessing and using the Online Services via the Authorized
Terminals.
8.2.3 Customer is responsible for all use of the Online Services
accessed via the Authorized Terminals, including associated charges,
and for use of the Online Services by temporary employees and
contractors to the same extent as if they were Customer's employees
and inmates. Customer will implement policies and procedures to
prevent unauthorized use of the Authorized Terminals and LN IDs
and will immediately notiû' LN, in writing, if it suspects that an LN
ID is lost, stolen, compromised, or misused.
8.2.4. Customer certifies there are only up to the number of
Authorized Terminals listed in this Agreement above that are
available for inmates to access and use the LN Online Services.
Customer agrees that pricing provided to Customer depends in part
on the number of Authorized Terminals. At the request of LN
from time to time, Customer will re-certifu in writing the then-
current number of Authorized Terminals. If there is a change in
the number of Authorized Terminals during the Term, LN may, in
its sole discretion on at least 30 days prior written notice to
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Confidential
Customer, increase or decrease the commitment listed above by an
amount that does not exceed, on a percentage basis, the change in
the number of Authorized Terminals. In this Agreement above,
Customer will list the total number of facilities (unique locations)
and total inmate population for all facilities. Customer hereby
certifies that each LN ID may only be used by the Customer facility
and Authorized Terminal to which it is assigned and may not be
shared with or used by any other facility or on any other Authorized
Terminal.
8.2.5.In consideration of Customer's payment to LN of the
commitment amounts specified above, the Inmate Participating
Billgroups will be provided access to and use of certain Materials,
products, services and features, identified above by source/menu
number as available in the Online Services. If Customer is an
existing LN customer and this is a revision to Customer's Materials
and commitment, fees will be prorated for the month (or other period
as indicated) in which the change becomes effective if the change
occurs other than on the first day of the month (or other period as
indicated).
8.2.6. Access to the Product will not include any email, fax or
download capabilities to address security concems inherent in
allowing inmates to access and use online services via the Intemet.
8.2.7 The parties acknowledge certain security concerns inherent in
allowing prisoners to access and use the LN online services via the
Internet. Accordingly, during the Term, Customer shall implement
and maintain certain online security standards by using equipment
and system settings that provide blocking an inmate's use of: (i)
navigation Universal Resource Locators ("URLs") outside of
intended product scope; (ii) manipulation of URL strings through
the product browser; and (iii) web email links. Customer is
responsible for limiting access to servers and URLs defrned by LN
and such servers and URLs may be changed from time to time by
LN. Customer will make changes as needed or requested, but will
maintain the responsibility of an inmate's access through its
system. Customer shall maintain industry standard online security
procedures and in the event such standards vastly improve, then
Customer will use reasonable commercial efforts to meet or exceed
such standards with respect to use of the LN services. LN may
require a third party facility security assessment before service is
started or re-instatement of service after a security issue. LN may
require a frrst party security questionnaire be completed before
service is started as stated in this Agreement.
8.2.8. Customer will provide to LN the Internet Protocol address(es)
("IP Address(es)") available for each facility location that will be
accessing the LN services in the table on the Conflguration and
Pricing Sheet. LN may periodically and at request of Customer
review failed authentication reports of these IP Address(es) or
monitor them to assure that correct materials of the Online
Services are being accessed by only those locations authorized or
any access to unauthorized websites or email services.
8.2.9. Customer agrees that they are providing access specifically
for inmates only and that no other LN service(s) may be used by,
or on, behalf of an inmate. If Customer has normal accounts
outside of inmate access, Customer must maintain a separation of
accounts. It is also agreed that Customer shall not provide any
inmate the authentications credential(s) (this includes just the
product ID without a password) or access to any electronic or
paper records that provide LN billing information.
4833 -O2O3-7 648 vl 201903 Page 7 of 8
8.2.10. Notwithstanding the foregoing in Sections 8.2, in the event
LN becomes aware of any abuse, misuse or security breach
situations of the LN services or any Materials contained therein,
then LN reserves the right to immediately suspend all facility
access without notice until such incident is resolved to LN's
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Confidential
satisfaction. Customer agrees that the resolution may require
documented and ceftified proof of corection. Customer takes
responsibility for any security breach or situation where an inmate
has access to something prohibited.
SIGNATURES TO AGREEMENT
LN accepts this Agreement on its own behalfand as authorized agent for each ofthe other companies that provide Products under this Agreement. LN's
agency is described the relevant term section above.
Agreed to and accepted by:
City of Kent, WA LexisNexiso a division of RELX Inc.
SIGNED:SIGNED:
PRINTED:t'l ArtZÐt)tl.*s¡*¡ø¿PRINTED:
þ, s,,r5aç+¡¡..¡î- Q+"*æTITLE:TITI,E:
DATE:OI It€\DATE:
TFilS AGREEMENT DoES NoT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. LEXSNÐilS MAY ACCEPT THIS
AGREEMENT BY SIGNING ABOVE OR BY PERFORMING THIS AGREEMENT.
THE PRICES AND OîHER TERMS IN THIS AGREEMENT ARE SUBJECT To CHANGE IF CUSTOMER IIAS NOT SUBMITTED A SIGNED COPY OF THIS AGREEMENT TO LEXSNEXIS ON
oR BEFORE THE BEGINNING oF THE FIRST ORDER PERIOD LINDER THIS AGREEMENT. TO IMPLEMENT THIS AGREEMENT ON THE FIRST DAY OF A MONTH, LEXSNEXS MUST
RECEIVE A copy oF THIS AGREEMENT sIcNED By CusroMER oN oR aBnoRE rHr 20nI rt¡y oF
Account Representative Name:Jill Fuller Account Representative Number:2s3-856-s961
4833 -0203 -7 648 vl 20 1903 Page 8 of 8