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Home My WebLink AboutS1-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Authorization to Execute a Three-Year Contract with West Group to Provide Library and Legal Research Materials to the City Attorney's Office and to Authorize the Execution of a Purchase Order for the Above-Referenced Three-Year Contract Dept: CITY ATTORNEY Date: April 1,2004 ORIGiNAL Synopsis of Previous Council Action: Not applicable. Recommended Motion: Motion One: That the City Attorney is authorized to execute a three-year contract with West Group to provide library and legal research materials to the City Attorney's Office. Motion Two: That the Purchasing Manager of the City of San Bernardino is authorized and directed to execute on behalf of the City Attorney's Office, a Purchase Order for the three-year contract with West Group to provide library and legal research materials to the City Attorney's Office. tJ= ?~ Contact person: Robert L. Simmons Supporting data attached: Staff Reoort FUNDING REQUIREMENTS: Amount: $88.514.88 Source: Phone: Ward: 5355 All Finance: Council Notes: Agenda Item No. S-l t.f Is foy RLS/ed[Westlaw.rca] STAFF REPORT Council Meeting Date: April 5. 2004 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office Aprill, 2004 Authorization to Execute a Three-Year Contract with West Group to Provide Library and Legal Research Materials to the City Attorney's Office and to Authorize the Execution of a Purchase Order for the Above-Referenced Three-Year Contract The City Attorney's office maintains a law library and also uses an on-line computerized legal research provider. West Group is the legal publisher as well as an on-line service provider that the City Attorney's office currently uses. West Group has offered to increase the products available on-line as well as increase the discount on books in the library. In exchange, the City Attorney's office must execute a new three-year contract for the period of April I, 2004 through March 31, 2007. The new contract has a monthly cost of $2,386.50 during the first year and a 3% monthly increase in each of the final two years of the contract. The contract also provides a 30% discount on the twelve highest priced sets of books provided by the West Group. This is a net increase of$95 per month over the current contract during the first year. In the second year of the contract, the net increase would be $40 per month. In the final year of the contract, there would be a decrease of approximately $21 per month from the current contract. There is one other on-line service provider, Lexis-Nexis, that the City Attorney's office used in the past. The service was problematic because the software continually failed during use. The City Attorney's office changed to the West Group in 2002 and has been satisfied with the service. The Purchasing Manager of the City of San Bernardino is requested to execute on behalf of the City Attorney's office, a Purchase Order for the three-year contract with WestGroup. It is requested that the two floor motions be adopted. RLS/ed[Westlaw.StatlReport) 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE-YEAR 3 CONTRACT WITH WEST GROUP TO PROVIDE LmRARY AND LEGAL RESEARCH MATERIALS TO THE CITY ATTORNEY'S OFFICE AND TO AUTHORIZE THE 4 EXECUTION OF A PURCHASE ORDER FOR THE ABOVE-REFERENCED THREE- YEAR CONTRACT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Attorney or his designee is hereby authorized to execute a three-year 8 contract with West Group to provide library and legal research materials to the City Attorney's 9 office. 10 SECTION 2. The Purchasing Manager of the City of San Bernardino is hereby authorized 11 and directed to execute on behalf of the City Attorney's office, City of San Bernardino, a Purchase 12 Order to West Group for the above-mentioned three-year contract. A copy of Contract with West 13 Group is attached hereto as Exhibit "A." 14 SECTION 3. Authorization to execute above-referenced Purchase Order is null and void 15 if not issued within sixty (60) days. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 RLS/ed[Westlaw.Reso] 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A TImER-YEAR 2 CONTRACT WITH WEST GROUP TO PROVIDE LmRARY AND LEGAL RESEARCH 3 MATERIALS TO THE CITY ATTORNEY'S OFFICE AND TO AUTHORIZE THE EXECUTION OF A PURCHASE ORDER FOR THE ABOVE-REFERENCED TImEE- 4 YEAR CONTRACT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof, held , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT CITY CLERK 19 The foregoing Resolution is hereby approved this _ day of ,2004. 20 21 22 JUDITH V ALLES, Mayor City of San Bernardino 23 Approved as to Form and legal content 24 JAMES F. PENMAN 25 City Attorney 26 k =J.(~ 27 BYU 28 RLS/ed[Westlaw.Reso] 2 EXHIBIT "A" . MAR-31-04 14:11 EXHIBIT n An P 01 R-933 Job-TS1 WEST ORDER FORM FOR WESTPACK 20~ PRODUCTS 610 Oppemlllll Drive, P.O, Box 64833 St. Paul, MN, 55164-1803 Tel: 651/687-8000 THOMSON * - \NEST ACCDunt# 1000801947 POll Date Mar 31 ,20 04 Name/Subscriber CITY OF SAN BERNARDINO CITY ATTY CITY HALL Address 300 N D 8T RM 688 Telephone # (809 ) 384-6355 City SAN BERNARDINO Stale CA Zip 92418 Order Coofinnation Contact Order ConflllIUltion E-Mail Bill To Addttss (if different) City Bill To Account # (if different) Submining Rep Name and Number MONICA A WORKS, 570300 State Zip New Account Yos ./ No V l'13'! . ~ "WestPlICk Prod...... ......Ist or.... W..tlo",PRO Prod..... aod Ih. New aood/or Esisti Prial Produeb _led beIew 'N :,Uaw Password Contact: IV" PO<\< PrDDlOlioo Code: WPOO -C~_ 1l~.I~ E-mail (for password delivery): WnlPack WnlIa",PRO Produclo TolaI ~ of Mo. Baodedl l'tr IIiIIiII TolaI MOIlIhly 1_..... , "'I Full Svc ~ Westla..PRO Product. Passwords Base Rate User Rille OthCl' WestllwPRO CharlJes LGP WPK ALL PRIM LAW""" INCLUDES ALL PRIMARY LAW + ALL ADDITIONAL WESTLAW UBRARlES LISTED ON PAGE 2 PREFERRED DISCOUNT _... (ia"udlag KeyCoda):CANCEL CURRENT WI'K ALL PlU" MUNI LA! \l Wt<. U\ P l~ 11t=J) IV ~DDK $/'NlrJ!,S (1 D 1.)'\S8LoiV: Total Mo.lbIy Cbarg.. S 2.386.80 :i 1--.' J !-.. . ~r~' -I~'- ,'ll WestPack Prial Praduclo -Quantity ofWestPack Titl.... IiIIiBRIII : J~~l ISvc# WeotPeck Print Products New. Existing .. Li.tCb....... Other Chames 1 .-'t'~ US CODE ANNOTATED 1 1 ~~ CAL ANNOTATED CODE 1 1 'h. CAlFORNIA JURISPRUDENCE 3D 1 1 ",j. MUNI LEGAL FORMS 1 1 .lid: WITKIN SUMMARY OF LAW 1 1 11I:., WORDS & PHRASES 1 1 .:L1l WEST LEGAL FORMS 1 1 ....'" WITKIN PROCEDURE 1 1 .I.JL WITKIN EVIDENCE 1 1 "'" WITKIN CRIMINAL 1 1 1i-'f CAL CODE FORMS 1 1 ,ut. US SUPREME COURT REPORTER 1 ,-.-. :'1'f;I_=S plus laX, per mDolh for approximately Total Charges months. besinning the month follOwing any applicable incentive. For terms of ~ !.:..;' 24 months, without interest on principal while installments arc paid as agreed. t I'hie is a Dew title for Subscriber or Subscriber maintains l!Ul c:,c;isting subscription to this WcstPack title and desires additional copy(ie:s)-ship and enter ,ubacriptioo(s) for rhe requested title ,,, lubscriber maintains cxistiag subscription(s) 10 Ibis WestPack title-do not .bip Me",lIy WeoaawPRO Charges for !be W..aawPRO products elected above arc billed 00 the date West processes Subscn'ber's order and continue for a minimum 0' ):, months. Subscriber. by lliolher initials belo... .boll elect 0 10 commit to !be term idoolified below (!be ''Term") fOJ" its WestlawPRO subscription. If, . MAR-31-04 14:12 EXHIBIT n An P 03 R-m Job-76! Jr.... ~.., 6;~) ~I u,,,ilhs. any inc....... in Subscriber'. Monthly Wesl\awPRO ChArge. .hall be limited as set forth below. Suhscnber also agrees to maintain all subscriptions 10 the \10'., JtPac:k prinl productll (oew >m4Ior existiog as... forth above) duriog the Term and the charges for Subscriber'. WestPack prinl products (both initial cbarges 'lw dal WastPacl< Cbarges. and .ubscription OCJVioes chArg.. "WestPack Subsaiption Chorges'1 shall be discounted as ... forth below. At the rod of the T enn, !.-I,: lthly westl~ges and WestPaclc Subscription Charges shall be billed at then.current....es. . :,11 bltriber'.~r 11,.14 or 36 Moatb Term .nd usocIIted WtItPadc. dll('oudu ...d IinJitt 011 Mo.:rtbly WntJawPRO CbaJ1:et: ~_., 12 Month Tenn- 20"'"' WestPacIc Print Ptoduct discounl (new andexi,'ing) 24 Mon1h Tenn. 25% WestPack Print Product di5CDUDt (new and cxisting)-Moothty Wcst1awPRO Charges for second J 2 months not to increase by ~ than 5% over Mol1lllly WastlawPRO Charges 1M initial 12 _. 36 Manth T crm . 30o/a. WC1tPack 'PODl Product diSCOUlU (new and existin&}Monthly WestlawPRO Charges for second 12 months not to tncrease by more d1an 3% oyc:r Monthly WCS1lawPRO Cbar&es for initial 12 month and Monthly WesdawPRO Charges fur third 12 months not to mCl"east by more than 3% (jIiet Monthly WestlawPRO Cbalgos IIx _ 12 mooths _ Subsc:ribu.~iUtomeY3 or corporate users are employed by Subscriber at the JoeatiOl1 identified above. ~ - I 1.........1 COrpOrate Vie OnlY I I BND IIm!__ Full S N est! PRO Additional Wallo..PRO Prodnots Total N of Mo. Bondelll Pc< PwonI BRo R Oth .... Total Monthly Wes1I PROCh ~. vc W a. Products IS. . AS< Ie User 8k or ..., Broe, MCQUILUN BILL TRACKING - ALL FED + CA MILLER & STARR ALL FEDERAL ANALYTICAL CAL ANLYTlCAL + PUBUC RECS PREFERRED DISCOUNT ll'ott.: /~. '" ~i- " .,1- r't ......,/ Total MODlbJy Cbarg.. $ wiQothIy Wc:sdawPRO ChIlJ'FS for rile WestlawPRO products elected above IItC billed on the date WC$t processes Subscriber's order and conttnlle for. minimum of J2 IIOIltbl. Subscriber. by bislber initials below. lIibaJl elect. to commit 10 the lmD identified below (the "Tenn") fur its WestlllWPRO &ub:!itription. It: JJQtwithsbmding lJJyth:iDg contained in the "Subscribe..- Agm:ment" (u defined herein) to Ihe oontrary > Subscriber agrees to commit 10 Il Term of24 month, or 36 month5. any increases " SubsCriber'5 Monthly Wl;5tlawPRO Charge! shall be limited as set forth below , iub.ertber'I_loiti.... '0,.11.14 or 36 Month Term .nd .ssoclated Umln o. MODtbly W~tI.wPRO Cb.~; 12 Month Tem 24 Month Tenn-Monthly WQtJawPRO Cl:uugc:s fur second 12 months DOt 10 increllSc by more than 5% over Monthly WestlllwPRO Chugc$ for inilial I:2 monllu 36 Month Tenn)-Moothly WcstlawPRO Charges for second 12 monlbs not to increase by rtlQrt: than 30/. ova Monthly WClltlawPRO Charges for initia112 month IIld Monthly WestlawPRO CMrges for third 12 months nol to mCfc:ase by mQft than 3% over Monthly WesllawPRO Clwges fOr seeond 12 months R: sue Weallo.. Password. to: 'AME (I..~ fus~ middle initial) r.' ~ Ptoduct jEEATTACHED 'I ~lckVlew+ X " ,uthcwized QuidtView-+- P85sword Holder Password Al.Ithorit.cd Acct 11 ;: u~bcr shall authorim whicb WestIaw p4$$word(ll) 9haII have accesll to QuickView+. Actual chargQ billed by WC5l may vary from chllfges reported on (!uick:VieWt-. Subsa'ibet shell pay cblllS" ., billed. West does not warnml and has no liability with respect to the accuracy of dlarges or other infotmation on (~idcView+. 1 . s.....r1ptloa Service. Subscription servioos may consiSt of updateo and .npplements to the service, as follows: pocket ports. pamphlets. ",ph.:emen! or ;, IlCiIlary vol"",..; loose.leaf pages and other relared snpplemontal materials; all of which may be billed separ.tely at th...cwmJl-.. :1 . Gellel'lll P.....iaioas. This Onler Fonn i. subject to approval by Wesl in SI. l':Iu1, Minnesota, and will be gOYmled by the laws of the state of Minnosot.. ./ he Slate and tedenll c:o\lJtS silling in Minnesota will have jurisdiction over my claim and Ibe parties c:onoenl to the jurisdiction of such courts. Subscription "".;ce for prinl product.s i. provided al the then-current prices ond may consist ofpoclret part.; pamphlets; """mpiled, continuation, replacement or au><iliory '. olumes; additional volumes; looseleaf p.ges >m4Ior supplements and volumes of a new series Of edition. Sales. use. persnnaI property, value added tax 1 {AT) 0< equivalent, ad valorem and other taxes.... the responsibility oflbe Subscribe<. Subscriber msy be charge4 interest for overdue in.talJme:n.b and <, Ibscriptions and for _ open lICCOlUl\ clwges. Int<test charged lDBY be a<\jusled to the then-hisb<ol ewront rate allowable on Minnesota con\racls. ] ransfer or assignmeot uf rights or obligations by Subccribe< eon,titutes a material breach of this Order Fonn, the Suhson'ber Agreement >m4Iot the We.t :. oftwore License A!l"'<menl If any instllllm...... .ubccriptions or upon accounl clwges remain unpOid 90 days after maturity. all unmatwed installment> t:...me due and payable at the option of West. All collection f.... includiogbul not limited to atturneys fees..... payable by Subscribe<. TrlUlBp<lrtlllion and h mdIing chlll'gOS will be adckd fur prinl products. West may mm cmlit invesligations it deems apprllpriate including the request of a COIlIWIl<l omlit report h oma aedit reponing agency on any individual identified in thi, Order Form. IfSubccriber inquin:s wbetber. aedit report was requosted, We" will provide \I formati<ln of such and if. report was ",cei"'" West will provide to Subscriber the name, addn:ss and telephone number of tho agency 1b.1 snpplied tho I"' ,port. ~R-31-04 14: 12 EXHIBIT "A" P 04 R-933 Job-T61 3. Return. If you are DOt completely satisf..d with any ptoduct you I'.",.i.. from West, you may teluro It within 45 daY" of Ibe iIlvoice date for a full .. refund or credit, in accordance wiIh West's then-<:urt'alt retwm policies. Westlaw Chargn are not refundable. 1l1le Sebxn"ber ~me" for Weotla.. aad CD-ROM L1brarta, the applluble !;eberl.1e A pri.. ...... ("Sdbo<riber Agru:......t") OR hereby ".... rated. by refenllCc aDd made part of rill" Order Fttrlb. Sabtt:riber. by hislbllr "lUItu~ below, ...koowJcdxes 11i,/ber aDdentllDdiog lod 1".. .~e taaft of die ref... ud eoMldo_ or ~ SuburiMr A81U_nt. . - ~. Signatore X Date ',I"'" -....;.~e:;1JTHORlZED REPRESENTATIVE FOR ORDER l'ORM PnDeed Name Q;~.~ ;Iotore X -po or C....., C...... Tra....doa. ollly: I.' 'j.. Mastel' Can! AmeriCBll exp'.55 Cardll - If Subscri..... is iocorp<Jtatcd or a limited liability entity, the following must be complded by an ownerlpriooipal penona1ly: I agree '0 thest: lenDs and _ally guaranI.. paymml of this ._, sod subscription oervi", furnished thereonder. Slg....ure X B"", Dot. APR-OI-04 10:47 From: West Group To: ROBERT SIMMONS ESa EXHIBIT n An WESTLAW PASSWORD LIST CITY OF SAN BERNARDINO OFFICE OF THE CITY ATTORNEY BARNES JOLENA E BRYANT SUZANNE M CARLYLE HUSTON T COLE AMANDA DELGADO DOLORES 01 VELLlS EDNA EASLAND STEPHANIE 0 EMPEND HENRY GREENLEAF-RANK BONNIE JOHNSON CRYSTAL NAGY DEBRA PENMAN JAMES F REITER MICHAEL SIMMONS ROBERT L SORIA JOSEFA P 02 Date: 4/1/2004 Time: 10:44:58 AM R-935 Job-767 Page 2 of2