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Home My WebLink About2007-001 I RESOLUTION NO. 2007-1 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 LIBRARY 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 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Attorney or his designee is hereby authorized to execute a three-year 9 contract with West Group to provide library and legal research materials to the City Attorney's 10 office. II SECTION 2. The Purchasing Manager of the City of San Bernardino is hereby authorized 12 and directed to execute on behalf of the City Attorney's office, City of San Bernardino, a Purchase 13 Order to West Group for the above-mentioned three-year contract. A copy of Contract with West 14 Group is attached hereto as Exhibit "A." 15 SECTION 3. Authorization to execute above-referenced Purchase Order is null and void 16 if not issued within sixty (60) days. 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 ed[WestlawPRO.Reso] I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE-YEAR 2 CONTRACT WITH WEST GROUP TO PROVIDE LIBRARY AND LEGAL RESEARCH 3 MATERIALS TO THE CITY ATTORNEY'S OFFICE AND TO AUTHORIZE THE EXECUTION OF A PURCHASE ORDER FOR THE ABOVE-REFERENCED THREE- 4 YEAR CONTRACT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council ofthe City of San Bernardino at a joint regular meeting thereof, held 7 on the 8th day of January ,2007, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER II BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 x x x ----1L- x x x ~~h.~ Rae el Clark, City Clerk 18 The foregoing Resolution is hereby approved this /17# day of January ,2007. 19 20 21 WEST ORDER fORM FOR WESTPACK PRODUCTS 6] () Opperman Drive SI. Paul. MN 55164-180; Tel. 651/687-8000 EXHIBIT "A" THOIVISON * VVEST Clleck West account status below as aoolicable: New (NACI Form attached) Rep Name & Number FREDERICK L CHRISTIANSON, 212318 Existing with Increase Credit Limit (NACI Form attached) . . . Aeet # 1000801947 PO # Name/Subscriber CITY OF SAN BERNARDINO CITY ATTY CITY HALL Date Dec-20-2006 '" '" .0 " Existing with no changes Existing with changes _ (Permanent name change must attach a Customer Name Change Form) Bill To Acc! # E-Mail e.divellis verizon.net '" '" " . . . Order Confirmation Contact Name Edna Oivellis Wcstlaw Password Contact Name (for password delivery) Edna Oivellis [-Mail e.divellis verizon.net Permanent Address Change Name One-Time Ship To _ Additional Ship To ~ Attn: Additional Bill To ." Address City SuitelFloor 2 '" '" " '" " State County Zip WestPack WestlawPRO Products WestPack PromotIon Code WPK3 Full S,,'c # WestlawPRO Products # of Passwordsl FTEs/Students Monthl)! Bandedl Base Rate Total Monthly WestlawPRO Char es 40436076 CA Gov General Counsel 22 3500,00 2975.00 I Notes:Subjecl to city council approval /1f I Total Monthly Charges $ 2,975.00 WestPack Print and CD-ROM Products -Quantity of West Pack Titles~ Li,lICD-ROM Total List/CD- Full Svc # WestPack Print and CD-ROM Products New" Existine ** Charpes Other ROM Charees 21048097 USCA Sub X 21040614 CA Code Sub X 13518026 CA Jur Sub X 21024007 W&P Sub X 13515833 McQuillin Mun Coros Sub X 21084891 WLF Sub X 13515264 Local Govt Law Sub X 13515787 Mun Lenal Fme Sub X 13515817 Matthews Mun Ordinances Sub X 15615061 CA Code Fms Civ Proc 5'h Sub X 13975494 State & Local Govt Civ Rts Liab Sub X 12198257 CA Code Fms Bus & Prof 3d Sub X 14048155 Police Misconduct ReD Newsl Sub X 13515078 Local Reaulation Adult Business Sub X 13512915 Cable TV & Nonbroadcast Media Sub X 39040705 Suo Court ReD Sub X o X 10/tl06 490,dot - i f397562" CA Property Taxi.r'l! Sub ~--- --.- ---------" -- r-- 13516317 Police Misconduct Law Sub X 13513901 Disabilitv Discrim Workplace Sub X . 13827185 CA Affirmative Defense Sub i X 40070691 CA Session Law BV Sub X 13516937 State Courts Sect 1983 Litig Sub X 11229213 CA Jurv Instr Civ BAJI & CACI Sub X 11661581 CA Jurv Instr CALCRIM & CALJIC Sub X 15274868 Civ Rights & Lib Litig Sub X 13971847 State & Local GOVT Empl Liab Sub X 15348166 CA Court Rules Southern CA X 21098752 CA Judicail Council FMS Pam Sub X 15615126 CA Code FMS Govt 3d Sub X 13991414 CA Civ PR GD Empl Litig Sub X 21021695 CA Code FMS Rev & Tax Sub X 21031453 CA Code FMS Com 2d Sub X 21017892 CA Code Fms Corp 2d Sub X 15347946 CA Court Rules State & Fed Sub X 15414422 CA Code Fms Civ Sub X 18216397 CA Code Fms Prob 6th Sub X 21061301 Fed Civ iud Proc & Rules (2 copies) X 21077267 CA Code Fms Elections 3d Sub X 21024686 CA Code Fms Public Utilities Sub X 21064726 CA Code Fms Education Sub X 16282716 CA Desktop Evidence Code Sub X EXHIBIT "A" t Total Charges Estimated print savings at 50%. discount is 51,019.04 per month Total Charges includes charges from attached page 2, ifapplicable. This is a new title for Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires additional copy(ies) - ship and enter subscription(s) for the requested title. U Subscriber maintains existing subscription(s) to this WestPack title - do not ship Monthly WestlawPRO Charges and CD-ROM Charges arc billed on the date West processes Subscriber's order and continue for the minimum term elected by Subscriber with his/her initials below ("Minimum Term"). If Subscriber agrees to commit to a longer Minimum Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges will be billed as set forth herein. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new andlor existing as set forth above) during the Minimum Term and the charges for Subscriber's WestPack print products (both initial print charges ("Initial WcstPack Charges") and print and CD-ROM subscription services charges including CD-ROM Charges ("WestPack Subscription Charges")) shall be billed as set forth herein Upon conclusion of the Minimum Term, Month]y WestlawPRO Charges, CD-ROM Charges and WestPack Subscription Charges arc billed thereafter at up to then-current rates Excluded Charges and Monthly WestlawPRO Charges (after the Minimum Term) may be modified as set forth In the Subscriber Agreement (as defined herein) Subscriber's Initials for 12. 24 or 36 Monlh Minimum Term 12 Month Minimum Term for WestlawPRO, WestPack Print and CD. ROM Products - 20% WestPack Prmt and CD-ROM Product discount (new and existing) 24 Month Minimum Tcrm for WcstlawPRO, WestPack Print and CD-ROM Products - 30% WestPack Print and CD-ROM Product discount (new and existing)- Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. ~)36 Month Minimum Term for WestJawPRO, WestPack Prmt and CD-ROM Products - 50% WestPack Print and CD-ROM Product discount (new and existing)- ~y WcstlawPRO Charges for second 12 months not to increase by more than ~% over Monthly WestlawPRO Charges for initial 12 months and Monthly WestlawPRO Charges for third 12 months not to increase by marc than ~% over Monthly WestlawPRO Charges tor second 12 months ~ Subsc.-iber's Initials 11 attorneys or corporate users are employed by Subscriber at the location identified above ~ Internal Corporate Use Only ~ o X 1011106 490.dol Additiona EXHIBIT "A" ccess and Campus Research ---- Current Acct# ------- -- ----- ------------ ------ ------------ - -------- E-Mail Address --- -- -~-- ------ --------,~---- terminals will be used for Patron Access (nol required for Campus Research) WestlawPRO Renewals II I WestlawPRO Products Current Monlhly WesUawPRO Chaq~es I I I th Renewal Term" Subscriber agrees to commit to an additional 12 months and the Monthly WestlawPRO Charges for the such o more than the current WestlawPRO Charges nlh Renewal Term" Subscriber agrees to commit to an additional 24 months The Monthly WestlawPRO Charges for the first e than the current Monthly WestlawPRO Charges and the Monthly WestlawPRO Charges for the second additional 12 months shall PRO Charges for the first additional 12 months nth Renewal Term" Subscriber agrees to commit to an additional 36 months The Monthly WestlawPRO Charges for the first than the current Monthly WestlawPRO Charges and the Monthly WestlawPRO Charges for the second additional 12 months shall wPRO Charges for the first additional 12 months_ The Monthly WestlawPRO Charges for the third additional ]2 months shall be o Charges for the second additional 12 months. Order Form required Subscriber to maintain a subscription to certain West products in order to be eligible for such promotion ust also maintain such Dependency Subscription(s) during the Renewal Term so that Subscriber may be eligible for the pricing set tes any of the Dependency Subscription(s) during the Renewal Term, any promotions shall immediately terminate and Subscriber's to then-current rates The percent increase for the initial 12 months of the Term, as elected above, after the renewal effective date awPRO rates are less, in which case then then-current monthly WestlawPRO rates will apply m Term ("Renewal Term") Upon conclusion of the Renewal Term, Monthly WestlawPRO Charges are billed thereafter at then- WestlawPRO Charges (after the Renewal Term) may be modified as set forth in the Subscriber Agreement Westlaw Passwords and QuickView+ i ~ First Name, M.I. Ally Lib Para Other ProdueHs\ assword(s) shall have access to QuickYiew+. Actual charges billed by West may vary from charges reported on QuickYiew+ oes not warrant and has no liability with respect to the accuracy of charges or other information on QuickYiew+ Password Authonzcd Acct. # I Non-WestPack WestlawPRO, CD-ROM and West LepalEdcenter Products Pee Total Monthly ck WestlawPRO/ CD- # of Pwds Mo. Bandedl User/Cone. WestlawPRO/CDI LEC Products Cone. CD Users Base Rate User Rate Other WLEC Charl!es 22 457 -15% 388.45 1 22 331 -15% 281.35 22 146 -15% 124.10 I Tolal Charges $ 793.90 490.doJ Technical tontaet for Westla"" Patron A Name (please print): _ __________ Telephone Subscriber's Initials Noles: Subscriber's Initials for 12 Mon additional [2 months shall be OJ( Subscriber's Initials for 24 Mo additional 12 months shall be_% mar be _% more than the Monthly Westlaw Subscriber's Initials for 36 Mo additional ]2 months shall be_% more be _% more than the Monthly Westla _% more than the Monthly WestlawPR In the event a promotion in the underlying ("Dependency Subscription(s)"), Subscriber m forth herein. In the event Subscriber termina Monthly WestlawPRO Charges shall increase wil] apply unless then-current monthly Westl .. Effective at the end of the current Minimu current rates. Excluded Charges and Monthly Last Name See current users Subscriber shall authorize which West]aw p Subscriber shall pay charges as billed, West d AuthorIzed QUlckYicw+ Password Holder Full Svc # ~on-WestPa ROMIW 40457279 Muniei al Law 30302001 Fed Anal liea 30302838 Miller & Starr :"lotes (including KeyCode): o X 1011/06 EXHIBIT "A" Monthlv WcstlawPRO Charges, Monthly CD-ROM Charges and West LcgalEdcenler Charges, arc billed on the dale West processes Subscriber's order and continue lor a ]2 month Mini~um Term Upon conclusion oCthe Minimum Term, CD-ROM Charges are billed thereafter at then-current rates. IfSuhscriber eltels a longer Minimum Term the Monthly WcstlawPRO Charges and/or West LcgaJEdcenlcr Charges will be billed as set forth herein Upon conclusion of the WestlawPRO and/or West LegalEdcenter MinImUm Term, Monthly WestlawPRO Charges and/or West LegaJEdccnter Charges arc billed thereafter at up to then-current rales_ Excluded Charges and Monthly Wesl[awPRO Charges (after the Minimum Term) may be modified as set forth in the Subscriber Agreement (as defIned herein) ~ Subscriber's Initials for 24 Montb WestlawPRO andlor West LegalF:dcenter \1inimum Term Subscriber agrees to commit to a Minimum Term of24 months and the Monthly WestlawPRO Charges andlor West LcgalEdcentcr Charges for the second 12 months not to increase by more than _% over the Monthly WestlawPRO Charges andlor West LegalEdcenter Charges for the initia[ ] 2 months ~;.subscriber's Initials for 36 Month WestlawPRO andlor West LegalEdcenter Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months ~onthly West]awPRO Charges andlor \\'est LegalEdcenter Charges for the second 12 months not 10 mcrease by more than L-% over the Monthly West]awPRO Charges andlor West LegalEdcenter Charges for the initial 12 months and the Monlhly WestlawPRO Charges andlor West LegalEdcenter Charges for the third ]2 months not to increase by more than L- % over the Monthly West]awPRO Charges andlor West LegalEdcenter Charges for the second 12 months West law passwords may only be used by the person to whom the password is issued and sharing ofWesllaw passwords is STRICTL Y PROHlB]TED. Subscriber is responsible lor all Excluded Charges as incurred ~ Subscriber's Initials 11 attorneys or corporate users are employed by Subscriber at the location identified above (for WestlawPRO, CD-ROM case law ~d/or West Lega]Edcenter Charges) _ CD-ROM andlor West LegalEdcenler annual billing (please check if requested) West LegalEdcenter Online Features and Services: Subscriber shall initial and complete the following (as applicable): Subscriber has completed and attached Exhibit I; identifying each individual who shall receive a seat license Subscriber acknowledges that each user will receive an initial e.mail communication from West LegalEdcenter which includes important information about using the service (including username and password), as well as ongoing communication regarding new online programs available in their practice area(s) and special announcements. Subscriber's users may opt out after the initial e-mail communication Programs excluded from the Online CLE Pass shall be billed at then-current rates via credit card bi]ling Additional Non-WestPack Print Products Full Sn # Non-WestPack Print Products I Quantity I List Chafl~es Other Charges Notes: Total Charges $ Terms of Payment for Print Products_ West's standard terms of payment for print products purchased are net 30 days West may elect to accept installment payments on the purchase price Installment payment terms arc $ per month plus tax for approxlmate]y months until the purchase price, plus any addition a] amounts under this Order Form, is paid in full. Interest is waived on all installments of 12 or 24 months Subscription Service. Subscription service may consist of updates and supplements to the service, as fol]ows: (a) CD-ROM Libraries updated, replacement or supplemental CD-ROMs and online updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillat)' volumes; ]oose-Ieafpages and other related supplemental materials; all of which may be billed separately at then-current rates. Subscriber hereby requests that West provide subscription services for the herein- described products at then-current rates u.ntil such subscription services a.r e cancel]ed b}.' West or can.c'elled upon written, request bj Subscriber after the Minimum Term for WestPack pnnt or CD-ROM products_ , {'ILl'far,,:... J-?! General Provisions. This Order Form IS subject to approval by West 1Il St. Paul, Mmnesota and IS governed by HiRRssBta.-1aw Miflfll!50tJ. .,;III,a e Bnel~!li,a Jtlfi9lhBtiBR g' 9r 9.R~ elaifR ariJin,; He-I,] oj ..o]8.t58 te tRis agrlll!FRBRt Applicable sales, use, personal property, value added tax (VAT) 'I equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open accoun charges If any installments, subscriptions, subscription services, Westlaw Charges or open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become immediately due and payable at the sole option of West. Interest charges may be adjusted to the then-highest current rate allowable on Minnesota contracts. This Order Form is non-transferable. All collection fees, including but nOI Ilmited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for print products. West may request a current financial statement andlor obtain consumer credit report on the undersigned individual to determine creditworthiness West will only request consumer credit information on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credit information is necessary for West to consider granting credit to the aforementioned company If Subscriber inquires whether a credit report was requested, West wil] provide information of such, if a report was received and the name, address and telephone number of the agency thai supplied the report Returns. If Subscriber is not complete]y satisfied with any non-WestPack print or non-WcstPack CD-ROM product received from West, the product may be returned within 45 days of the invoice date for a full refund or credil, in accordance with West's then-current returns policies. Westlaw Charges are not refundable ~ Online Products to be Lapsed Full Svc # Online Products # of Passwords 30302197 CA Anal tical 8 30302192 CA Bill & Re 8 40299591 CT A9 Briefs 8 40299159 Court Briefs 8 40272073 Law Libra 8 40013944 CA Public Records 8 0 X 10/1/06 490.dol EXHIBIT "A" The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan, (for West law PRO products andlor CD-ROM Libraries products) andlor the West LegalEdcenfer Subscriber Agreement (for West LegalEdcenter products) individually or jointly, as applicable, ("Subscriber Agreement") is/are hereby incorporated by reference and made pari of this Order Form. In the e\'eol there is a conflict between the terms and conditions oflhe Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber by hi er sign ture below, acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement. Date o? Date Signature - s...bj.ct -/-ot.;f'j COO-l\c;( Prpprova..L./?/ Visa Master Card Expir. Date AmEx Total Amt. to Charge Card # o X ]0/1/06 490 dot EXHIBIT "A" Westlaw Federal & State Government GC Modules Addendum PROGRAM ID : CPRO Date 12-20-06 Account Name City of San Benardino City Atty Account Number 1000801947 Subscriber's) nitials for Modules elected by Subscrib~'<') 11/ \!/f Please enter the state designation for each applicable Core module specified Corers) [8] Westlaw GC Core State: CA o Additional State Core: Modules: o 50 State Survey o All Forms [8] A II News [8] All Primary Law o American Jurisprudence (AMJUR) o AMJUR Legal Forms o AMJUR Pleading and Practice Fornls IXI American Law Reports (ALR) o Bankruptcy IXI Bill & Regulation Tracking [8] Briefs o BrieITools o Corporate Forms OAdvanced Corporate Forms [8] Criminal Records IXI Employee Benefits IXI Employment & HR o Advanced Employment Practice [81 Environmental Law-Analytical [8] Environmental Law-Federal IXI Environmental Law-Multistate o Federal Government Affairs o Federal Primary Law o Fragomen & Bell Immigration Hdbk IXI Government Contracts o Graphical Statutes o Health Care Modules (Continued) [8J Immigration Analytical o Immigration Primary o International IP Analytical o Intellectual Property o Intellectual Property Analytical [8J Journals & Law Reviews o Legislative History-Federal & All State o Managing Outside Counsel o Advanced Managing Outside Counsel o Motor Vehicle Premise Liability o National Person Tracker IXI National Public Records [8J PastS tat Locator o Patent Analytical [] Privacy and Security Law o Real Property o Real Property Construction [8J RegulationsPlus o ResultsPlus [8J ResultsPlus Premium o State Government Affairs o Trademark Analytical o US News o US Patents IXI CA Analytical 30302197 [8J CA Jurisprudence 30304882 [8J CAPleadings Motions 40461035 IXI CA Briefs 40299159 o o o 1011106 1 'd E68S 282 108 9BI-qar B1H 10 d SAMlnel 562.dol ~St..J4:J auel E6B, 2B2 lOB 6,:60 90-21.-J30