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89-136 Citylink subscriber agreement Information for Public Affairs, Inc. 1900 14th Street, Sacramento, CA 95814 • (916) 444-0840 CITYLINK SUBSCRIBER AGREEMENT Agreement made this 24th day of July, 1989, between Information for Public Affairs, Inc. (IPA) and City of Cupertino (subscriber) , a member of the League of California Cities (the League) . I. BACKGROUND. The purpose of this agreement is to provide subscriber with access to the private network of bill tracking, electronic mail and database services which are collectively called "CITYLINK" (the "Services") . II. RESPONSIBILITY. It is agreed that the League and IPA will provide the Services described herein as quickly and accurately as possible, and make any necessary corrections promptly upon notification. It is further agreed that neither the League or IPA will be liable for any delays, omissions or errors that may occur in providing the Services, and subscriber will hold the League and IPA harmless against any claims or legal action arising from subscriber' s utilization of or reliance on the Services provided under this agreement. III. USE OF INFORMATION. It is agreed that information supplied by the League and IPA to subscriber is' for subscriber' s use only. IV. ELEMENTS OF SERVICE. The following CITYLINK Services will be provided from the first day of August, 1989 through the last day of July, 1990 . Access to all electronic mail, bulletin board and related information services supported by the League. Access to IPA' s STATE NET services which include the following California and Federal legislative and regulatory reporting features: -summaries of all California and U.S . bills and regulations -status actions on every bill and regulation -amended actions on every bill -keyword search of all bills and regulations -report of all California bills set for hearing and floor action -report of budget items set for hearing -private file capability to sort bills by number, author, subject, action date, amended date, governor' s action and user-defined fields -California voting records -California campaign contribution records Access to IPA' s State Net full text of all California bills and committee analyses . Access to the League' s Legal Services System with access restricted to the individuals specified on the attached Access Authorization Addendum. 60 hours of connect time through local telephone access at no additional charge. Telephone help desk and online training at no additional charge from 8 : 00 am to 6: 00 pm Monday through Friday, holidays excluded. One login and complete set of user guides for each subscriber login. V. PAYMENT SCHEDULE. The total base fee payable under this agreement is $2, 185. 00, which is payable in advance. Any use fees for services in addition to those included in the base fee shall be billed monthly in accordance with the attached Rate Schedule Addendum. VI. GENERAL PROVISIONS. 1 . Severability. If any provision of this Agreement is declared by a court to be illegal, unenforceable, or void, the remainder of this Agreement shall remain in force and the rights, duties and obligations of either party under the remaining provisions shall not be affected in any way. 2 . Applicable Law. This Agreement shall be governed by the laws of the State of California and shall be enforceable in Superior Court in Sacramento County. 3. Assignment . This Agreement, or any portion thereof, shall not be assigned by either party without the written consent of the other party. 4 . Headings . The Article and Section headings are for reference only and shall not be used in interpreting this Agreement. 5. Previous Agreements. This Agreement and Rate Schedule Addendum supersedes all previous agreements and understandings, whether oral or written, and constitutes the entire understanding between the parties. 6. Amendment . This Agreement may be modified or amended only upon the written agreement of both parties. 7 . Attorney Fees. In the event any legal action is necessary to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to costs and reasonable attorney' s fees. CITY OF CUPERTINO INFORMATION FOR PUB C AF((FAIRS, INC By: By: CtSTC�VIP�� d Title: CTitle: �/iC2C1�C \ L�2�1� J2�y�LQS Date: / ff` Date: Form LCC/89 (8/88) RATE SCHEDULE ADDENDUM CONNECT TIME Connect time in addition to that provided in the contract will be billed at the rate of $ . 70 per minute ($42 per hour) for each minute of additional connect time. At subscriber option, additional connect time may be pre- purchased in minimum blocks of 12 hours at $300 . * USER LOGINS Additional logins (including one set of user guides) may be purchased at the rate of $50 annually per each login. Logins permit access by more than one user under subscriber' s agreement, and provide separate accounting for connect time used by each separate login. TRAINING Training at subscriber' s location may be purchased at a cost of $250 per half day plus travel expenses. Up to eight persons from subscriber' s offices may attend a training session. USER GUIDES Subscriber may also order additional training materials as follows: User Guide package (including Quick Reference Cards) at a cost of $25 per set. Alpha Index and Keyword List at a cost of $25 per set. Both of the above at a cost of $40 per set . Quick Reference Card sets only $2 each or $1 .50 each for ten or more. * Additional purchase orders for such block purchases must be received by IPA no later than the last working day of the month to be applicable usage in the subsequent month.