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SR-05-12-2015-3FCity Council City of Santa IHoaica" City Council Regular Meeting: May 12, 2015 Agenda Item: To: Mayor and City Council From: Marsha Moutrie, City Attorney Subject: Research Subscriber Agreement for Purchase of and Access to Legal Research Publications Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Research Subscriber Agreement with West Publications, Inc. ( "West "), a New York based company, for the purchase of and access to legal research publications. This is a sole source purchase in an amount not to exceed $600,000 for five years, with future year funding contingent on Council budget approval. Executive Summary The City Attorney's Office uses many resources, including print publications and online databases, to conduct legal research. Currently, the City Attorney's Office utilizes West research materials: Westlaw for online legal research and numerous print publications offered by West Group/Thomson Reuters. West has exclusive rights to license several publications that the City Attorney's Office relies upon. Contracting with West not only allows the City Attorney's Office to have access to certain publications that are only available through West, but also allows the City to receive a 50% discount on other West products. The Research Subscriber Agreement bundles print publications and access to online research, including materials that are exclusive to West; giving the City the most cost effective and efficient option for access to legal research materials. Staff seeks the authority to enter into a Research Subscriber Agreement with West in an amount not to exceed $600,000 over a five -year period, which includes approximately a 10 percent contingency for special projects and unexpected legal issues which may arise. Background The City Attorney's Office provides a full range of legal services to meet the City's diverse needs. Legal research is an essential component of these legal services. Each of the four divisions of the City Attorney's Office — Municipal, Civil Liability, Criminal and Consumer Protection — uses many resources, including print publications and online databases, to conduct legal research. For many years, the City Attorney's Office has 1 of 4 contracted with West for its primary source of legal research publications. The City's current Research Subscriber Agreement with West, which includes both print publications and access to online databases in a bundled package, will end on June 30, 2015. In previous years the City Attorney's Office has not presented its agreements with West to the City Council, but, in response to revisions to the City's procurement guidelines, the City Attorney's Office is presenting this request to enter into a new Research Subscriber Agreement to the City Council for approval. Discussion The proposed Research Subscriber Agreement with West has a term that begins on July 1, 2015 and goes through June 30, 2020. The Research Subscriber Agreement includes online access for each attorney in the City Attorney's Office as well as print publications that are made available for use in the City Attorney's Office library. The online databases may be accessed remotely, giving the City Attorney's Office the ability to effectively research from any site and virtually any situation, including, but not limited to, court hearings, depositions, and public meetings. West has agreed to offer more online databases at no additional cost, which will reduce the number of print publications the City Attorney's Office receives. The Research Subscriber Agreement also includes access to People Map, which is utilized by the Consumer Protection and Criminal Divisions to find information on defendants in pending cases. West provides support services related to its research materials 24 hours a day /7 days a week. The Research Subscriber Agreement includes monthly fixed charges for both print publications and online database access. This structure is particularly beneficial for online databases considering the City Attorney's Office's significant usage. The City Attorney's Office will also continue to receive a 50% discount for ongoing print subscriptions and product updates throughout the term of the Agreement. Access to West's online legal research databases for non - attorney personnel is included for no additional cost. The base costs for online data bases will increase at a rate of 1% per year throughout the term of the Agreement, which is a lower increase than the City has received in previous contracts with West. Any research which may be conducted 2 of 4 outside of the City's research plan for special projects or unexpected legal issues are billed on a per- transaction basis. The City Attorney's Office has asked for approximately a 10 percent contingency to cover those costs. Vendor /Consultant Selection The City Attorney's Office recommends that the City enter into the Research Subscriber Agreement with West on a sole source basis per Section 2.24.080(d) of the Municipal Code. Several publications the City Attorney's Office has come to rely on to meet the City's diverse needs are licensed exclusively by West. By contracting directly with West, not only will the City receive access to certain publications that are only available through West, such as Miller & Starr, The Rutter Group, and The Law of Municipal Corporations (McQuillin), but the City will receive a 50% discount on those publications which West licenses to third parties. Not all of the research materials provided by West through its online databases are exclusive to West, however, the exclusive and non- exclusive materials are offered as part of a bundled package. The Research Subscriber Agreement is the most efficient and cost effective means of getting the exclusive publications that the City Attorney's Office has come to rely on in its work for the City's legal needs, including everyday issues as well as special projects. Ono ell Financial Impacts and Budget Actions The Research Subscriber Agreement to be awarded to West is for an amount not to exceed $600,000 for five years. Funds are available in the FY 2015 -17 Proposed Budget in the City Attorney's Office. The agreement will be charged to account 01231.544040. Future year funding is contingent upon Council budget approval. Prepared By: Diana Burger, Office Administrator Approved Forwarded to Council 2 Marsha Jones Moutrie, City Attorney Elaine M Polachek, Interim City M5WOOM5 4 of 4 Reference: Agreement No. 10058 (CCS)