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RESOLUTION (ID # 4639) DOC ID: 4639
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jolena E. Grider M/CC Meeting Date: 09/19/2016
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Attorney to Execute a Three-Year Contract with Thomson- West to Provide On-
Line Legal Research Services (Westlaw) to the City Attorney's Office and to Authorize
the Issuance of a Purchase Order. (#4639)
Current Business Registration Certificate: Yes
Financial Impact:
There are sufficient funds in the City Attorney FY 2016-17 budget to cover this
agreement.
Motion: Adopt the Resolution.
Background:
The City Attorney's Office utilizes Westlaw for all of its online legal research needs.
This Contract extends our service for an additional three years.
City Attorney Review:
Supporting Documents:
Westlaw Reso 9-19-16 (DOC)
Westlaw Renewal 8-16 (PDF)
I
Updated: 9/14/2016 by Georgeann "Gigi" Hanna Packet Pg. 78
5.E.a
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-
3 YEAR CONTRACT WITH THOMPSON-WEST TO PROVIDE ON-LINE LEGAL
RESEARCH SERVICES (WESTLAW) TO THE CITY ATTORNEY'S OFFICE AND TO
4 AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION l: The City Attorney or his designee is hereby authorized to execute a
8
three-year contract with Thompson-West to provide on-line legal research services ("Westlaw")
9 to the City Attorney's Office, a copy of which is attached hereto marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth at length.
11
SECTION 2: The Director of Finance or his/her designee of the City of San Bernardino
12
is hereby authorized and directed to issue a Purchase Order to Thompson-West for the above
13 referenced contract. This contract is for a minimum of three (3) years with increase of not more �
14
than 3% after first 12 months and not more of than 3% increase after the second 12 month term.
15
SECTION 3: The authorizations granted hereunder shall expire and be void and of not C;
0
16 further effect if the agreement is not executed by both parties and returned to the Office of the
17 City Clerk within sixty(60) days following the effective date of the resolution.
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5.E.a
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 meeting thereof, held on the
6
day of , 2016, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
d
10 BARRIOS
11
VALDIVIA
12
m
13 SHORETT
to
f 14 NICKEL
15 RICHARD
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16 MULVIHILL
17 3
18 Georgeann Hanna, City Clerk
19 =
The foregoing Resolution is hereby approved this day of 52016.
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21 Q
22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By:
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2
Packet Pg. 80
WEST ORDER FORM — WestPack Renewals for WestlawPRO,
Practice Solutions,Software and ProFlex Products ' QU `
410 Opperman Drive,P.O.Box 64833
Paul,MN 55164-1803
;1:651/687-8000
Check West 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)
- ----------------------------------------------------------------------------
---------- --------------------_._--------- ----- PO# Date 8129!16
Acct# 1000801947 Quote#
?dame/Subscriber San Bernardino City Attorney Bill To Acct# 1000801947 A
Order Confirmation Contact Name
Jolena Grider
E-Mail Grider_Jo @sbcity.org r
Password Contact Name(for password delivery) Jolena Grider ry
E-Mail Grider Jo @sbcity.org
Time and Billing Contact Name Jolena Grider --
E-Mai! Grider_Jo @sbcity.org 3
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Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To xs 3
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Name Attu: *?
Suite/Floor rn
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City State County Zip M
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WestPack Principal Product Renewal ca
Sub Matl# WestlawPRO/Practice Solutions/Software/ProFlex Products Current Monthly Charges* 00
40988640 Westlaw Gov Select $3,298 3
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*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 y
Monthly Charges shown above.
WestPack Secondan Products Renewal*t
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Sub Matt# WestPack Print/CD-RONI/ProView eBooks Products Quantity E
SEE ATTACHED FORM#500 for full list
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*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.
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SAMtnet 965.60t
Packet Pg. 81 .
5.E.b
Renewal Terms for WestPack Principal and Secondary Products
IL�uitw 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 Tenn.
24 month Renewal Term.WestPack Principal Product Monthly Charges for the first I2 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.
V?36 rnontb 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
.n Min imum Term 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
%over the second 12 months.You will receive a 60%%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 as set 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
the 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.
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Initial for WestPack Secondary Products after Renewal Term.I request West to provide subscription services for the WestPack Secondary Products associated with W
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 tc
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 Opperman Drive,P.O.Box 64833,Eagan MN 55123-1803.
Your West sales representative will provide frequency of updates upon request. Transportation charges,returns and refunds information is in the"Miscellaneous"sectior
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below.
Banded Products Subscriptions
3
You have attorneys(partners,shareholders,associates,contract or staff attorneys,of counsel,and the like),corporate users,personnel or full-time-equivalent student:
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 t
the actual number is greater,we reserve the right to increase your charges as applicable.
Internal—Corporate Use Only BND
WestPack Secondary Print/CD-ROM/ProView eBook Products to he Lapsed
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Sub Nlatl# WestPack Secondary Print/CD-RONI/ProView eBook Products Quantity Lapse Date E
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Notes:
Internal Office Use Onl FLD=La se Bate Above
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Westlaw Roaming Access
ou access Westlaw regulated data,you receive roaming access by default. Roaming access permits users located outside your designated IP address range to access Westlaw
.cgulated data.We may block roaming access at our option,You may choose to block roaming access by initialing below.
Initial to block roaming access
Misceliancous
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-government 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 inay 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 our 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
httn•//s tie legalsolutions thomsonreuters.corn/s,atich reement/schedule-z-wAstlaw ud_fand ht r'Iti ftric.leealsalutions.thomsonreutery corn%staticlagn ementischedule-a
concourse-firm-central-caselosistrx.odf.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 Terns and Conditions.
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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 d
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. 3
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 2
Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ePack, WestPack, Westlaw, CLEAR, Monitor Suite, ProView eBook, Softare, West d
LegalEdeenter,Practice Solutions,TREWS and Serengeti charges are not refundable. Please see http:t/static.legalsotlitions.tlioinsoiiteuters corn/static/returns-refunds.ndf of
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 reques cce)
and for international product delivery.Expedited shipments and international product shipments will be charged at then current carrier rates.
Applicable Law.This Order Form will be interpreted under Minnesota state law.Any claim by one of us may be brought in the state or federal courts in Minnesota If yot to
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 are a United State:
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 ttic legaisc?luti_Crr ,lhnm cmreuters,cgm/shEtic/generail-terms-cnnditi�i3s pol;apply to all products ordered,purchased o
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 Orde 4si
Form control.This Order Form is subject to our approval. Q:
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 a
httn•/'static le ,lsohgions.thomspnreuters cornlstativ'�oduct-specific-temps odf if they apply to your order. If the product is not part of your order,the product specific terms d N
not apply.if there is a conflict between product specific terms and the Order Form,the product specific terns control, y
Hosted Practice Solutions
CD-ROM Products/DVD products _
West LegalEdeenter E
West km software
Westlaw Doc&Form Builder
tv
Time and Billing
Westlaw Patron Access Q
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
Title IM 57 Ass;,5kw&t-
Date 3a
Signature X
nternal Use nly: Intern e:chk out cl ind
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West Order Form Attachment
Additional WestPack Secondary Products "P' n.£ °I:s; ty.,tr r r yE
610 Opperman Drive,P.O.Box 64833 ">
St.Paul,MN 55164-1803
'el: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-ROMIeBook eBook ROM Total List/CD-
Full Svc# Products New Existing Users Charges Other ROM Charges
13827185 California Affirmative Defenses 1 50%
13991414 Employment Litigation (CCP) 1 50%
15615126 West Code Forms- Government 4th 1 50%
21040614 West's CA Codes Annotated 1 50%
15348166 Sourthern CA Local Court Rules 1 50% 3
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40894627 CA Rules of Court State,Federal District&Bankruptcy 1 50% =
21098752 West's Judicial Council Forms 1 50% 3
13518026 California Jurisprudence 3d 1 50% y
11661581 CA Jury Instructions Criminal 1 50% 3:
11229213 CA Jury Instructions Civil 1 50% M
40070691 CA Bound Session Laws 1 50%
13512915 Cable Television and Other Nonbroadcast 1 50% 7
00
15274868 Civil Rights and Civil Liberties Litigation 1 50%
3
13513091 Disability Discrimination in the Workplace 1 50%
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21061301 Federal Civil Judicial Procedure and Rules 2 50%
21024007 Words and Phrases
1 50°l0
13515264 Local Government Law 1 50%
13515078 Local Regulation of Adult Businesses 1 50%
13515817 Matthews Municipal Ordinances 1 50% E
13515833 McQuillin Municipal Corporations 3d 1 50% r
13516317 Police Misconduct Law and Litigation 1 50% `t
13971847 State and Local Government Employment Liability 1 50%
13516937 Section 1983 Litigation in State Courts 1 50°10
39040705 Supreme Court Reporter Bound Volume 1 50%
17233883 Supreme Court Reporter Interim Volumes 1 50%
21048097 United States Code Annotated (USCA) 1 50%
Additional WestPack Secondary Products Total:
(This total must be carried forward to the applicable West Order Farm that includes WestPack and/or CD-ROM Products)
9/1/15 SAMlnet 500.dot
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