HomeMy WebLinkAbout08-City Attorney
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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: December 26,2006
Synopsis of Previous Council Action:
April 5, 2004 Mayor and Common Council approved the authorization of the City Attorney or his
designee to execute a three-year contract with West Group to provide library and legal
research materials to the City Attorney's Office. Authorized and directed the Purchasing
Manager of the City of San Bernardino to execute on behalf of the City Attorney's Office,
a Purchase Order to West Group for the three-year contract.
Recommended Motion:
Adopt Resolution.
Contact person: James F, Penman
1~
Phone:
5255
Supporting data attached: Staff Reoort
FUNDING REQUIREMENTS: Amount: $139.192
Source:
Ward:
All
Finance:
Council Notes:
Agenda Item No.J
'11}07
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STAFF REPORT
Council Meeting Date: Januarv 8. 2007
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
December 26, 2006
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. In an offer that will not increase the current City Attorney
Office budget, West Group will increase the discount on all the West Group books in the library
50%, an estimated savings of $1,019 per month. In exchange, the City Attorney's office must
execute a new three-year contract for the period of January 1, 2007 through December 31, 2010. The
new contract has a monthly cost of$3,715.45 during the first year anda4% monthly increase in each
of the final two years of the contract. Taking into consideration the above savings, there is a net
decrease of approximately $227 per month over the current contract during the first year. In the
second year of the contract, there is a net decrease of approximately $77 .55 per month. In the final
year of the contract, there is a net increase of approximately $78 per month from the current contract.
In addition to the 50% discount on the West Group library, the print version of Shepards' CA
Citations-All Inclusive, u.s. Supreme Court Case Names Statutes and D.S.Citations- Supreme Court
Reporter will be cancelled, for a total estimated annual savings of $3,141.00.
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 West Group.
It is requested that the Resolution be adopted.
RLS/ed[Westlaw,StaffReport]
tit
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
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
tit 14 Group is attached hereto as Exhibit "A."
15 SECTION 3. Authorization to execute above-referenced Purchase Order is null and void
16 ifnot issued within sixty (60) days.
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
tit 26 III
27 III
28 ed[WestlawPRO.ResoJ
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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 of the City of San Bernardino at a
meeting thereof, held
7 on the
day of
,2007, by the following vote, to wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
II BRINKER
12 DERRY
13 KELLEY
e 14 JOHNSON
IS MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
16
17
Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this _ day of
,2007.
19
20
21
Patrick J. Morris, Mayor
City of San Bernardino
WEST ORDER fOR'l fOR WESTPACK PRODUCTS
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EXHIBIT "A"
THOIVISON
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-Quantit}' of West Pack Titles-
2,975.00
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Full Sn # WestPack Print and CD-RO)'1 Products ~ew * Existin~ .* Char2es Other ROM CharfJes
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 GOyt Law Sub X
13515787 Mun LeQal Fme Sub , X
13515817 Matthews Mun Ordinances Sub X
15615061 CA Code Fms Ciy Proc 5th Sub X
13975494 State & Local GOyt Ciy Rts Liab Sub X
12198257 CA Code Fms Bus & Prof 3d Sub X
1155 Police Misconduct Reo Newsl Sub X
078 Local Regulation Adult Business Sub X
1 12915 Cable TV & Nonbroadcast Media Sub X i
39040705 Suo Court Rep Sub X
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13975621 CA Property Taxing Sub j X -1--
Police Misconduct Law Sub I X I
13516317
13513901 Disabilitv Discrim Workplace Sub i X
27185 CA Affirmative Defense Sub I X i I
0691 CA Session Law BV Sub : X
State Courts Sect 1983 Liti!! Sub 'X I
13516937 I
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11229213 CA JUry Instr Civ BAJI & CACI Sub
11661581 CA Jury Instr CALCRIM & CALJIC Sub X
15274868 Civ Ri!!hts & Lib Litio Sub X
13971847 State & Local GOVT Empl Liab Sub X
15348166 CA Court Rules Southern CA X
21098752 CA Judicall Council FMS Pam Sub X
15615126 CA Code FMS Gov1 3d Sub X
13991414 CA Civ PR GO Emol Litio 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 6'h 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
4726 I CA Code Fms Education Sub I X
2716 CA Desktop Evidence Code Sub X
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EXHIBIT "A"
t Total Charges
Estimated print savings 3150% discount is $1,019.04 per month
Total Chaq:es includes charges from attacht'd page 2. ifapplicable.
This is a ne~ tllle for Subscriber or Subscriber maintains an existing subscription to Ihis \\'estPack title and desires additional capnies} _ ship and enter subscription(s) for
the requested tJtle
Subscriber maintains existing subscription(s) to tIllS WestPack title - do nOl ship
Monthly WestJa\\PRO Charges and CD-ROM Charges are billed on the date V/est processes Subscriber's order and continue for the minimum term eleeled by Subscriber with
hisfhcr mllials be]ow ("Minimum Term") If Subscriber agrees [0 commit to a longer Minimum Term of 24 months or 36 months. an:o' increases in Subscriber's Monthly
Westla\\PRQ Charges wi]] be billed as set forth herein Subscriber also agrees to mamtain all subscriptions In the WestPack prim products (new and/or existing as set forth
above) during the Minimum Term and the charges for Subscriber's ,^,'estPa.:k prim products (both milia] pnnt charges ('"InJtlal ,"'estrack Charges") and print and CD-ROM
subscription services charges including CD-ROM Charges CWestPack Subscription Charges")) shall be billed as set forth herein Upon conclusion of the Minimum Term,
:-.1onthl~ WestlawPRO Charges. CD.ROM Charges and West Pack Subscription Charges arc billed thereafter at up to then-current rates Excluded Charges and Month]y
WestJawPRO Charges (aner the Mlnlmum Term) may be moddied as set forth in the Subscriber Agreement (as defined herein)
Suhscriber's Initials for 12,24 or 36 \Ionth Minimum Term
J 2 Month 'Iinimum Term for WestlawPRO, \},.'estPaek Print and CD-ROM Products - 20% \VestPack Pnnt and CD-ROM Product discount (new and existing)
24 1\lomh :\linimum Term for V/estlawPRO, \\'estPack Print and CD-ROM Products - 30% \\!estPack Print and CD-ROM Product discount (new and existing) _
\lon~' Westla"" PRO Charges for second I~ months not to Increase b~ more than _% over Month]) Westlay,PRO Charges for ml!Jal 12 months
1- --' '16 Month \lmlmum Term for \\ estla\\PRO \\ estPack Prmt and CD-ROM Products - 50% WestPack Pnnt and CD-ROM Product discount (ne\.\- and eXlstlllg)-
h \\cl,\la\\PRO Charges lor second 12 months not 10 mcrease b)' more than i...-% mer ~onthl)' Westla\\PRO Charges for mUlal 12 months and Monthl)
\PRO Charges for tlwd 12 months not to ltlcrc:ase b} more than L-0/o mer Monthl} Wcstla\\PRO (hargcs tor second 12 months
~~ Subscrlher's Inlllals 11 aUorne,s or corporafe users are emplo"d b, Subscnber atlhe location Idenllfied abme
~ Internal Corporate l'se On" ~
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EXHIBIT "A"
Technical CORhlet for Weslla'" Patron Access and Campus Research
Name (please print)
Curren! Ace! #
Telephone
E-Mail Address
Subscnber's Initials
terminals will be used for Patron Access (nor required for Campus Research)
West law PRO Renewals
WrsllawPRO Products
Currenl \1onthlv WestlawPRO Charges
'\oles:
Subscriber's Initials for 12 Month Renewal Term. Subscriber agrees 10 commit to an additional 12 months and the Monthly WestlawPRO Charges tor the such
additIonal 12 monlhs shall be % more than the current WestlawPRO Charges
_ Subscriber's Initials for 24 !\fonth Renrwal Term. Subscriber agrees to commit to an additional 24 months_ The Monthly \I.'estlawPRO Charges for Ihe first
additional 12 months shall be _% more than the current Monthly WestlawPRO Charges and the Monthl) Wcstla"iPRO Charges for the second additIOnal 12 months shall
he _ % more than the r-,.'1onthly WestlawPRO Charges for the first additional 12 months
Subscrib~r's Initials ror 36 Month R~n~wal Term. Subscriber agrees to commit to an additional 36 months_ The Monthly \VestlawPRO Charges for the tirst
addllional 12 mClnths shall be ~'o more than the current Monthly Westlav.PRO Charges and the Monthly WestlawPRO Charges for the second additional 12 monlhs shall
he % more than the ~ WestlawPRO Charges for the first additional 12 months_ The Monthly WestlawPRO Charges for the third additional 12 months shall be
_'}o more than the Month]y v../estlawPRO Charges for the second additional ]2 months
]n the e\'ent a promotIOn in Ihe underlying Order Form required Subscriber to maintain a subscription to certam West products ill order to be eligible for such promotion
('"Dependency Subscription(s)"). Subscriber must also maintain such Dependency Subscription(s) during Ihe Renewa] Term so that Subscriber may be eligible for the pricing sel
forth herem ]n the event Subscriber terminates any of the Dependency Subscriplion(s) during the Renewa] Term, any promOlions shaJl immediately terminale and Subscriber's
~10nlhly WestlawPRO Charges shall increase to then-current rales_ The percent increase for the initla] 12 months of the Term, as elected above, after the renewal effectJve date
\\iJl apply unless Ihen-current monthly Westlav.PRO rates are less, in which case then then-current monthly WestlawPRO rates will apply
. Effecllve at the end of the current Minimum Term ("Renewa] Term"), Upon conclusion of the Renewal Term, Monthly WestlawPRO Charges are billed thereafter at then-
current rates hcluded Charges and Monthly WestlawPRO Charges (after the Renewal Term) may be modified as set fonh in the Subscriber Agreement.
Last:'\'ame
\\'estlaw Passwords and QuickView+
First Name. M.1. AUv Lib Para
See current users
Other
Product(s
Subscriber shall authorize which WestJa\\ password(sl shall ha\-e access to QUJckVicw-t- Actual charges billed by \I,'C5t may \ary from charges reponed on QuickView+
Sub~r.:riber shall pay charges as billed_ West does not \\arrant and has no liability with respect to the accuracy of charges or olher information on QuickVJew+
Authoflzcd QUlckView+ Password Holder
Password
AuthoTlzed Acc! #
Additional Non-\\'estPack WestlawPRO. CD-ROM and 'Vest Le alEdcenter Products
Pre Total Monthly
'on-WestPack WestlawPROI CD- # of Pwds Mo. Banded/ lTser/Conc. Westla"..PRO/CDI
FullSn# RO\t/WLEC Products Cone. CD I lsers 8itse Ratl' LSl'rRate Other WLEe Charees
40457279 Munici al Law 22 457 -15% 388.45
30302001 Fed Anal tical I 22 331 -15% 281.35
30302838 Miller & Starr 22 146 -15% 124.10
'neluding KeyCode):
Total Charges S
793.90
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EXHIBIT "A"
Monthly WcsllawPRO Charges. Monthly CD-ROM Charges and v.o'cst LegalEdccnter Charges, are billed un Ihe d~te Wesl processes Subscnber's order and continue It>t <l 12
month Mlnlmum Term Upun conclusion oCthe MinImum Term, CD. ROM Charges are billed thereafter al then-current rales. IfSub~criber eb:IS" ]on1;cr !\1lOimum T crrnlhl
~1onthly Wcstla\\PRO Charges and or West LcgalEdcentcr Charges will be bllled,as set forth herein Upon concJusj(l1l of the \l.,'cslla\.\PRO and or Wes: LcgalFdcentcr
Minimum Term. Monthly \VestlawPRO Charges and lor \Vest LegalEdccnler Charges arc billed thereafter al up \(1 then-current rates Excluded Charges and !\IOllthly
WestlawPRO Charges tafter the l\1inlmum Term) may be modified as set forth In the Suhscnber Agreement (as defined herein)
Subscriber's Initials for 24 Month Westla" PRO andlor West Lel:alEdcenter \'inimum Term Subscriber agrees to conumt 10 a \'linimum Term of 24 m\\nlhs
e Monthly Wl:stlawPRO Charges and/or West LegalEdcenter Charges for lhe second ]2 months not to increase hy more than _')-0 (Her the t-.1onthly \\'estlawPRO
es and/or West LegalEdcenll:r Charges for the mltlaf 12 months
~ ubscriber's Initiah for 36 Monlh WestlawPRO andlor Wesl LegalEdcenter Minimum Trrm Subscriber agrees to commit to a Minimum Term of 36 m()nlh~
a 11' MOllthly Westla\\PRO Charges and/or West LegalEdcenter Charges for the second 12 monlhs not to increase by more than ~%I o\'er the Month]y WesllawPRO
Charges andior "'/est LegalEdcenter Charges for the mitlal12 months and the Monthly \'v'estlawPRO Charges and/or \\'esl LegalEdcenter Charges for the third 12 months nOI to
Increase by more than ~% over the Monthly WestlawPRO Charges and/or West LegalEdcenter Charges for the second 12 months
Wesllaw passwords ma) only be used by lhe person to whom the password is issued and sharing of\'..'estlaw pass\.\ords is STRICTL Y PROHlBITED Subscriber IS respom.ible
for all Excluded Charges as incurred
~ Subscriber's Initials II attorneys or corporale users are employed by Subscriber at the location idemified above (for WcsllawPRO, CD-ROM case la\\
~d/or West LegalF.dcemer Charges)
_ CD-ROM and/or West LegalEdcenler annual billing (please check if requested I
West LegalEdcenter Online Features and Ser\'ices:
Subscriber shall initial and complete the folloM'ing (as applicable):
Subscnber has completed and attached Exhibit I, idemif) ing each individual who shall receive a sea! license
Subscriber acknowledges that each user \.\ill receive an initial e-mail communication from \'-'est LegalEdcenter which IIlcludes important information abou'
uSing the ser\'ice (including username and password), as well as ongoing communicalion regarding new online programs a\'ailable In lheir practice area(s) and
speCIal announcements Subscriber's users may opt out after the initial e-mail communication
Programs exdudcd from the Online CLl: Pass shall be billed at then-current rates via credit card blllmg
Additional Non-WestPack Print Products
Full S\'c #
~on-WestPack Print Products
Quantit\
Ust Char!;:es
Other
ChafliteS
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Total Charges S
Ter:ms of Payment for Print Products West's standard terms of payment for print products purchased arc net 30 days \Vesl may elect to accept installment payments on
lhe purchasl: pme Inslallment paymentlerms are $ per monlh plus tax for approxlmatel~ months unlll the purchase price, plus any additional
amounts under tillS Order Form, is paid in full Interest is waived on allmstallmenls of 12 or 24 months
Subsniplion Ser\'ice. SubscnptlOn service may consist of updates and supplements to the service. as follows: (a) CD.ROM Libranes updated, replacement or supplemental
CD.ROMs and onlme updates, and other related supplemental material; (b) Pnnt ProduclS: pocket parts, pamphlets, replacement or ancillary \'olumes; loose-leaf pages and other
related supplemental materials: all of which may be billed separately at thcn.current rates. Subscriber hereby request:'. that West provide subscnption services for the herem-
desctlbed products at then.-current rates unli1 SU.Ch subscription services are cancelled by Wesl or cancelled upon wrillen. request bi' Subscriber after, the Minimum Term for
\\'eSIPack prlllt or CD-ROM products, ... C'",l'fcrll;~ 1-1fJ
General Pro\'isions. TIllS Order Form IS subJect to appro\'al by Wesl III St. Paul. Mmncsola and IS go\'erned by rt1RRl!Set8 la\\. " , .
Miru.Js:..tJ ,,;III,tl e OTlehl.91 e .IL:1liJaietiaR P"H aft, elaiR arijil'b L... fl Id.llteJ 18 tAir ilgr~(!""eRt Applicable sales, use, personal propert), value added tax (VAT) 0 (
equi\alenl, ad valorem and other taxes are payable by Subscriber Subscriber may be charged inlerest for overdue installments and subscflptions and for other open accoull
charges If all~ mstaJlments, subscriptions, subscription ser\ices, Wcstla\.\ Charges or open account charges remain unpaId 30 days after becoming due, all unmMured
Illstallmenls, including all amounts that are or would become due and payable for lhe 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-highesl current rate allowable on r-.1mnesota conlracls. This Order Form is non.transterable, All
collection fees, including but not limited to allorneys fees, are pa~able by Subscriber. Transportation and handling charges will be added for print products WI'S! may request a
currcnt financial statement andlor oblain consumer credit report on the undersigned individual to determine creditworthiness West will only request consumer credit
mformation on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credn information IS necessary for West 10 consider
granting credit to the aforementioned company lfSuhscriber inquires whether a credit report was rcquesled, Wesl mil pro\lde informallOn of such, if a report was received and
the name, address and telephone number of the agency that supplied the report
Returns. ]fSubscriher is not completely satIsfied \\l1h any non.WestPack pflnt or non.\A'estPack CD-ROM produCI received horn West the produCI may be returned within 45
days oflhe invoice date for a full refund or credit, m accordance with West's then-current retums policies West law Charges are not refundable
Full S\'C #
Online Products 10 be Lapsed
Online Products
!4 of Passwords
30302197
30302192
40299591
40299159
40272073
40013944
CA Anal
CABiII&Re
CT A9 Briefs
CA Public Records
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EXHIBIT "A"
The Subscriber Agreement for West law and CD-RO:\I Libraries, the applicable Schedule A price plan, (for \\'estla"PRO products andlor CO-RO't
"fits producls) and/or the West l.egalEdcenter Subscriber Agreement (for W('sl LegalEdcrnter products) indh:iduall)' or jointl)', as applicable.
"scriber- Agreement") is/are hertb)' incorporated b)' reference and made pari of this Order Form. In the t\'enl there is a conflict bet\\een the term..
and conditions oflhe Suhscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control.
Subscriber- by h~er sign lure below, acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement.
Signature X \ 'Date () t..
Date
Signalure
- .5....bjd -/-0 C..f'( CDtJ..AC;( ftppro"o..L./?/
Visa
Master Card
Expir. Date
ArnE.
Total Amt. to Charge
Card #
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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 Initials for Modules elected by Subscribe/Xl 19-/
'~I
Please enter the slate designation for each applicable Core module specified
Core(s)
l8l Westlaw GC Core State: CA
o Additional State Core:
Modules:
o 50 State Survey
o All Forms
I8J All News
l8l All Primary Law
o American Jurisprudence (AMJUR)
o AMJUR Legal Forms
o AMJUR Pleading and Practice Fornls
IRI American Law Reports (ALR)
o Bankruptcy
I8J Bill & Regulation Tracking
IX Briefs
o BriefTools
D Corporate Forms
DAdvanced Corporate Forms
l8l Criminal Records
l8l Employee Benefits
I8J Employment & HR
o Advanced Employment Practice
[8j Environmental Law-Analytical
[8] Environmental Law-Federal
I8J Environmental Law-Multistate
D Federal Government Affairs
o Federal Primary Law
o Fragomen & Bell Immignition Hdbk
I8J Government Contracts
D Graphical Statutes
o Health Care
Modules (Continued)
[8] Immigration Analytical
o Immigration Primary
o InternationallP Analytical
C Intellectual Property
o Intellectual Property Analytical
[8! 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
IRI National Public Records
I8J PastS tat Locator
o Patent Analytical
=:J Privacy and Security Law
o Real Property
D Real Property Construction
[8] RegulationsPlus
o ResultsPlus
[8] ResultsPlus Premium
o State Government Affairs
D Trademark Analytical
o lJS News
[] US Patents
~ CA Analytical 30302197
[8] CA Jurisprudence 30304882
[8] CAPleadings Motions 40461035
l8l CA Briefs 40299159
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