The URL can be used to link to this page

Home My WebLink About2016-198 1 RESOLUTION NO. 2016-198 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE- 4 YEAR CONTRACT WITH THOMPSON-WEST TO PROVIDE ON-LINE LEGAL RESEARCH SERVICES (WESTLAW) TO THE CITY ATTORNEY'S OFFICE AND TO 5 AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1: The City Attorney or his designee is hereby authorized to execute a 9 three-year contract with Thompson-West to provide on-line legal research services ("Westlaw") 10 to the City Attorney's Office, a copy of which is attached hereto marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at length. 12 SECTION 2: The Director of Finance or his/her designee of the City of San Bernardino 13 is hereby authorized and directed to issue a Purchase Order to Thompson-West for the above 14 referenced contract. This contract is for a minimum of three (3) years with increase of not more 15 than 3% after first 12 months and not more of than 3% increase after the second 12 month term. 16 SECTION 3: The authorizations granted hereunder shall expire and be void and of not 17 further effect if the agreement is not executed by both parties and returned to the Office of the 18 City Clerk within sixty(60) days following the effective date of the resolution. 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE- 2 YEAR CONTRACT WITH THOMPSON-WEST TO PROVIDE ON-LINE LEGAL RESEARCH SERVICES (WESTLAW) TO THE CITY ATTORNEY'S OFFICE AND TO 3 AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 19th day of September, 2016, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 1 o BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 14 NICKEL X 15 RICHARD X 16 MULVIHILL X 17 .rC �� e2'l�T�. 18 Georgea Hanna, CM , City Clerk 19 '02 2o The foregoing Resolution is hereby approved this day of September, 2016. A 21 v 22 R. Carey D is, Mayor 23 City of San Bernardino Approved as to form: 24 Gary D. Saenz, City Attorney 25 By: 26 27 28 2 WEST ORAER FORM — WestPack Renewals for WestlawPRO, A. Practice Solutions,Software and ProFlex Products *. T W l SON REUTERS 610 Opperman Drive,P.O.Box 64833 St.Paul,MN 55164-1803 Tel:651/687-8000 Check V account status below as applicable: Rep Name&Number Duke Kang 0058013 New (NACI Form attached) Existing with Increase Credit Limit (NACI Form attached) Existing with no changes X Existing with changes (Permanent name change must attach a Customer Name Change Form) ——— -----------------— —— --------------------------- ----------------- %sr -- - - - - - -- -------- 8/29/16 i Acct# 1000801947 Quote# PO# Date 1000801947 'o Name/Subscriber San Bernardino City Attorney Bill To Acct# Order Confirmation Contact Name Jolena Grider yy E-Mail Gdder_Jo @sbcity.org Password Contact Name(for password delivery) Jolena Grider tv E-Mail Grider_Jo @sbcity.org Time and Billing Contact Name Jolena Grider E-Mail Grider_Jo @sbcity.org Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To ` Attn: z . Name Suite/Floor Address b City State County Lip W, WestPack Principal Product Renewal Sub Matt# WestlawPRO/Practice Solutions/Software/ProFlex Products Current Monthly Charges* 40988640 Westlaw Gov Select $3,298 Notes: «Renewal Tenn Monthly Charges will be based on the Monthly Charges in effect the month before the Renewal Term starts. This amount may be different from the Current Monthly Charges shown above. WestPack Secondary Products Renewal*t Sub Mat]# WestPack Print/CD-ROM/ProView c looks Products Quantity SEE ATTACHED FORM#500 for full list 'Attachment(500.dot),if applicable,is incorporated by reference and includes additional WestPack Secondary Products. tAttachment(PF500.dot),if applicable,is incorporated by reference and includes additional ProFlex WestPack Secondary Products. SAWROI 965.dot 7/1/16.1 Renewal Terms for WestPack Principal and Secondary Products Initial below to select the Renewal Term. 12 month Renewal Term. WestPack Principal Product Monthly Charges will be_%over the Monthly Charges in effect at the end of the current Minimum Term or Renewal Term.You will receive a_%discount on WestPack Secondary Products during the Renewal Term. 24 month Renewal Term WestPack Principal Product Monthly Charges for the first 12 months will be_%over the Monthly Charges in effect at the end of the current Minimum Term or Renewal Term,Monthly Charges for the second 12 months will be�%over the first 12 months. You will receive a_%discount on WestPack Secondary Products during the Renewal Term. 36 month Renewal Term. WestPack Principal Product Monthly Charges for the first 12 months will be 3 %over the Monthly Charges in effect at the end of e ent Minimum Tenn or Renewal Term. Monthly Charges for the second 12 months will be 3 %over the first 12 months;Monthly Charges for the third 12 months wi be3 %over the second 12 months.You will receive a sox %discount on WestPack Secondary Products during the Renewal Term. By initialing for the Renewal Term above,I request West to continue subscription services for the Secondary WestPack Products as set forth above and agree to maintain all existing subscriptions to the WestPack Secondary Products asset forth above during the Renewal Term. Subscription charges for the WestPack Secondary Products will be billed separately at our then current rate with the discount noted above. Initial for WestPack Principal Product after the Renewal Term. Your WestPack Principal Product subscription will change to month-to-month status at the end of e_th Renewal Term.At the conclusion of the Renewal Term,your WestPack Principal Product Monthly Charges will be billed at up to then current retail rates. Thereafter,we may modify the WestPack Principal Product Monthly Charges after 30 days notice. You are also responsible for all Excluded Charges. Excluded Charges may change after 30 days written or online notice.In such event,all discounts associated with WestPack Secondary Products will also terminate and the terms below for WestPack Secondary Products shall apply. Either of us may cancel the month-to-month subscription by sending 30 days written notice.Send your notice of cancellation to Customer Service,610 Opperman Drive,P.O.Box 64833,Eagan MN 55123-1803. Initial for WestPack Secondary Products after Renewal Term.I request West to provide subscription services for the WestPack Secondary Products associated with the WestPack agreement. Print,CD-ROM and eBook subscription services include automatic shipments or updates. Print subscriptions include automatic shipments of updates and supplements,such as pocket parts,pamphlets,replacement volumes or loose-leaf pages. CD-ROM subscriptions include automatic shipments of updates and supplements.eBook subscriptions include updates to the most current version of each edition of the eBooks which are available during your subscription term(with browser- based online access to the most current version of the eBook).Subscription services will be billed,auto-charged or debited(if separately authorized).You will continue to receive the discounts as set forth above unless your subscription to the Principal WestPack Product is terminated in which case the discounts will terminate. After the Renewal Term,WestPack Secondary Products subscription services will continue until cancelled. Either party may cancel the WestPack Secondary Products subscription services in writing.Send your notice of cancellation to Customer Service,610 Oppennan Drive,P.O.Box 64833,Eagan MN 55123-1903. Your West sales representative will provide frequency of updates upon request. Transportation charges,returns and refunds information is in the"Miscellaneous"section below. Banded Products Subscriptions You have attorneys(partners,shareholders,associates,contract or staff attorneys,of counsel,and the like),corporate users,personnel or full-time-equivalent students for the banded products you selected to license or purchase in this Order Form. Our pricing for banded products is made in reliance upon your certification. If we learn that the actual number is greater,we reserve the right to increase your charges as applicable. Interns!Cor rate Use Onl BND WestPack Secondary Print/CD-ROM/ProView eBook Products to be Lapsed Sub NIatl# WestPack Seconds Print/CD-RONI/ProView eBook Products Ouantity Lapse Date Notes: Internal Office Use Onl FLD=La se Date Above 7/1!16-I SAMtnet 965.dot Westlaw Roaming Access If you access Westlaw regulated data,you receive roaming access by default. Roaming access permits users located outside your designated IP address range to access Westlaw regulated data.We may block roaming access at our option.You may choose to block roaming access by initialing below. Initial to block roaming access Miscellaneous 1.Charges,Payments&Taxes.You agree to pay all charges in full within 30 days of the date of invoice.You are responsible for any applicable sales,use,value added tax (VAT),etc.unless you are tax exempt.If you are a non-goveniment subscriber and fail to pay your invoiced charges,you will pay our collection costs including attorneys'fees. 2.Credit Verification. If you are applying for credit as an individual,we may request a consumer credit report to determine your creditworthiness. If we obtain a consumer credit report,you may request the name,address and telephone number of the agency that supplied the credit report. If you are applying for credit on behalf of a business,we may request a current business financial statement from you to consider your request. 3.Excluded Charges.If you access Westlaw data or Practice Solution services that are not included in your subscription you will be charged out then current rate("Excluded Charges"). Excluded Charges will be invoiced and due with your next payment. For your reference,the current Excluded Charges schedules are located at htgr//static letztlsolutions tlsnsonteuters comistatic/aureement/schedule-a-wrSllat�'. df and ht '/./_SMtic.le alsohdiong.thpmsonreutets,crnn lstaticlaareemenL's�hetlute-u- roncotirse-firm-central-caselo�istix.pdf.Excluded Charges may change upon 30 days written or online notice. Modification of Excluded Charges or Schedule A rates is not a basis for termination under Term,Termination of the General Terms and Conditions. 4.Auto Charge Credit Card/Electronic Funds Transfer Election Payment Terms.You may authorize us to automatically charge a credit card or debit and electronic fund transfer to pay charges due.Contact Customer Service at 1-800-328-4880 for authorization procedures. If you are authorizing,as part of this order,or have already authorized us to bill a credit card or debit card or make electronic fund transfer for West subscriptions on an ongoing basis,no further action is needed. 5.Returns and Refunds.You may return a print or CD•ROM/DVD product to us within 45 days of the original shipment date if you are not completely satisfied.Assured Print Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ePack, WestPack, Westlaw, CLEAR, Monitor Suite, ProView eBook, Software, West LegalEdcenter,Practice Solutions,TREWS and Serengeti charges are not refundable. Please see http//sl;atic le alsoiutions.titotnsonreuters.cent/static•/retums-refunds.pdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. 6.Transportation Charges.Print and CD-ROM/DVD products are shipped F.O.B.origin. Transportation charges will be added for expedited shipments made at your request and for international product delivery.Expedited shipments and international product shipments will be charged at then current carrier rates. 7. Applicable Law.This Order Form still be interpreted under Minnesota state law.Any claim by one of us may be brought in the state or federal courts in Minnesota. If you are a state or local governmental entity,your state's law will apply and any claim may be brought in the state or federal courts located in your state.If you area United States Federal Government subscriber,United States federal law will apply and any claim may be brought in any federal court. 8 General Terms and Conditions,located at h(tr_a�tthc_legalti?lutu hstliglhsrnireutertcn_m,,tl[Ic%general,terms.-umditinng,h�_f,apply to all products ordered,purchased or licensed on this Order Form except print.In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form,the terms of this Order Form control This Order Form is subject to our approval. 9. Product Specific Terms. The following products have specific terms which are incorporated by reference and made part of this Order Form. They can be found at (glp//static.le¢alsolutions.thomsonreuters.cont/static/product-Specific-terms,,pdi if they apply to your order. If the product is not part of your order,the product specific terms do not apply.If there is a conflict between product specific terms and the Order Form,the product specific terms control. • Hosted Practice Solutions • CD-ROM Products/DVD products • West LegalEdeenter • West km software • Westlaw Doc&Form Builder • Time and Billing • Westlaw Patron Access • Westlaw Paralegal • Campus Research • ProView eBooks ACKNOWLEDGMENT I warrant that I am authorized to accept these terms and conditions on behalf of Subscriber. � Printed Name ken 0, L:i T t J e r Title F r c a ure X— ,al Use nly: Intern se:chk out el ind 7/l/16-1 SAMInet 965.dot West Order Form Attachment Additional WestPack Secondary Products I"t ItM n' �? ' - " 610 Opperman Drive,P.O.Box 64833 St.Paul,MN 55164-1803 Tel:651/687-8000 This Attachment is incorporated by reference into and made a part of the underlying Order Form.(Must accompany applicable West Order Form that includes WestPack Secondary Products) Account# 1000801947 Account Name San Bernardino City Attorney -Quantity of WestPack Titles- #of List/CD- WestPack Print/CD-ROM/eBook eBook ROM Total List/CD- Full Svc# Products IE xistin Users Charges Other ROM Charges 13827185 California Affirmative Defenses 50% 13991414 Employment Litigation (CCP) 50% 15615126 West Code Forms- Government 4th 50% g411 West's CA Codes Annotated 50% Sourfhern CA Local Court Rules 50% CA Rules of Court State,Federal District&Bankruptcy 50% West's Judicial Council Forms 50% California Jurisprudence 3d 50% 11661581 CA Jury Instructions Criminal 50% 11229213 CA Jury Instructions Civil 1 50% 40070691 CA Bound Session Laws 1 50% 13512915 Cable Television and Other Nonbroadcast 1 50% 15274868 Civil Rights and Civil Liberties Litigation 1 50% 13513091 Disability Discrimination in the Workplace 1 50% 21061301 Federal Civil Judicial Procedure and Rules 2 50% r 07 Words and Phrases 1 50% 64 Local Government Law 1 50% 78 Local Regulation of Adult Businesses 1 50% 13515817 Matthews Municipal Ordinances 1 50% 13515833 McQuillin Municipal Corporations 3d 1 50% 13516317 Police Misconduct Law and Litigation 1 50% 13971847 State and Local Government Employment Liability 1 50% 13516937 Section 1983. Litigation in State Courts 1 50% P:JEE eporter Bound Volume 1 50% porter Interim volumes 1 50% 8097 ited States Code Annotated (USCA) 1 50% Additional WestPack Secondary Products Total: (This total must be carriedforward to the applicable West Order Form that includes WestPack and/or CD-ROM Products) SAMlnet 500.dot 9/1/15