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
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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
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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
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Marsha Jones Moutrie, City Attorney Elaine M Polachek, Interim City M5WOOM5
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Reference:
Agreement No. 10058
(CCS)