City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01130 9/12/2023 Consent Item 5.
Agreement: Thomson Reuters - Westlaw Precision
File ID: 2023-01130
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or City Manager’s designee to execute subscription agreement with Thomson Reuters effective October 1, 2023, for access to legal research platform Westlaw Precision in an amount not-to-exceed $302,867.40 for the total three-year term, provided that sufficient funding is available in the budget adopted for each applicable fiscal year (FY).
Contact: Angela Kolak, Law Office Administrator, (916) 808-5346, Office of the City Attorney Presenter: None.
Attachments:
1-Description/Analysis
2-Sacramento City Attorney_Westlaw Precision 3 Year Order Form__West Order Form_2023-08-17 Description/Analysis
Issue Detail: The City Attorney currently has a one-year agreement with Thomson Reuters for access to Westlaw Precision a legal research program. The dollar amount of that agreement did not require Council approval. The option to enter into a three-year agreement was presented by the supplier, which would allow greater cost savings on this ongoing subscription product. Savings over the three-year period will be realized in the amount of $15,000. The total commitment over the course of the three-year agreement is $302,867.40.
Policy Considerations: The recommendations contained in this report are consistent with Sacramento City Code section 3.56.090 which requires City Council approval for agreements where the expenditure equals or is greater than $100,000.
Economic Impacts: None.
Environmental Considerations:
File ID: 2023-01130 9/12/2023 Consent Item 5.
California Environmental Quality Act (CEQA): The proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). The activity is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment and is not subject to CEQA. (CEQA Guidelines section 15378(b)(5)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Entering into a three-year agreement will provide cost savings over the term of the agreement.
Financial Considerations: Sufficient funds are available in the City Attorney's FY2023/24 operating budget to fund the agreement through June 30, 2024. Contract amounts applicable in subsequent years are subject to funding availability in the adopted budget of the applicable fiscal year.
Local Business Enterprise (LBE): Thomson Reuters is not an LBE vendor.
PAGE 1 OF 6
Order Form Order ID: Q-07298816
Contact your representative [email protected] with any questions. Thank you.
Sold To Account Address Shipping Address Billing Address Account #: 1000261830
SACRAMENTO CITY ATTORNEY
ACCOUNTS PAYABLE
915 I ST STE 4010 FL 4
SACRAMENTO CA 95814-2604 US
“Customer”
Account #: 1000261830
SACRAMENTO CITY ATTORNEY
ACCOUNTS PAYABLE
915 I ST STE 4010 FL 4
SACRAMENTO CA 95814-2604 US
Account #: 1000261830
SACRAMENTO CITY ATTORNEY
ACCOUNTS PAYABLE
915 I ST STE 4010 FL 4
SACRAMENTO, CA 95814-2604
US
This Order Form is a legal document between Customer and
A. West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation, and/or
B. Thomson Reuters Enterprise Centre GmbH to the extent that products or services will be provided by Thomson Reuters Enterprise Centre GmbH.
A detailed list of products and servic es that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are available at: https://www.tr.com/trorderinginfo
West Publishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer. Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as “Thomson Reuters”, “we” or “our, ” in each case with respect to the products and services it is providing, and Customer will be referred to as “you”, or “your” or “Client”.
Thomson Reuters General Terms and Conditions apply to all products ordered, except print and is located at http://tr.com/TermsandConditions.
In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of thi s Order Form control.
This Order Form is subject to our approval.
Thomson Reuters General Terms and Conditions for Federal Subscribers is located at https://static.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.pdf 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. T his Order Form is subject to our approval.
ProFlex Products
See Attachment for details
Material # Product Monthly Charges Minimum Terms
(Months)
40757482 West Proflex $8,006.01 36
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Minimum Terms
Your subscription is effective upon the date we process your order (“Effective Date”) and Monthly Charges will be prorated fo r the number of days remaining in that month, if any. Your subscription will continue for the number of months listed in the Minimu m Term column above counting from the first day of the month following the Effective Date. Your Monthly Charges during the first twelve (12) mon ths of the Minimum Term are as set forth above. If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Term are displayed in the Attachment to the Order Form.
Post Minimum Terms
At the end of the Minimum Term, we will notify you of any change in Monthly Charges at least 60 days before each 12-month term starts. Either of us may cancel the Post-Minimum Term subscription by sending at least 30 days written notice.
Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi-year Minimum Term, those additional months will be implemented at your option pursuant to federal law.
Banded Product Subscriptions. You certify your total number of attorneys (full -time and part-time partners, shareholders, associates, contract or staff attorneys, of counsel, and the like), corporate users, personnel or full -time-equivalent students is indicated 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 or increases at any time, we reserve the right to increase your charges as applicable.
Miscellaneous
Applicable Law. 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 are a non -governmental entity, this Order Form shall be interpreted under Minnesota state law and any claim by one of us shall exclusively be brought in the state or federal courts in Minnesota. If you are a United States Federal Government subscriber, United States federal law will apply, and any claim may be brought in any federal court.
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 customer and fail to pay your invoiced charges, you are responsible for collection costs including attorneys' fees.
Excluded Charges And Schedule A Rates . If you access products or 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 in the below link . Excluded Charges may change from time -to-time upon 30 days written or online notice. We may, at our option, make certain products and services Excluded Charges if we are contractually bound or otherwise required to do so by a third party provider or if products or services are enhanced or if new products or services are released after the effec tive date of this ordering document. Modification of Excluded Charges or Schedule A rates is not a basis for termination un der paragraph 9 the General Terms and Conditions.
http://static.legalsolutions.thomsonreuters.com/static/agreement/plan-2-pro-govt-agencies.pdf
eBilling Contact. All invoices for this account will be emailed to your e -Billing Contact(s) unless you have notified us that you would like to be exempt from e-Billing.
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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 behal f of a business, we may request a current business financial statement from you to consider your request.
Cancellation Notification Address. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803
Returns and Refunds. You may return a print product to us within 45 days of the original shipment date if you are not completely satisfied. Please see http://static.legalsolutions.thomsonreuters.com/static/returns-refunds.pdf or contact Customer Service at 1 -800- 328-4880 for additional details regarding our policies on returns and refunds.
Document Intelligence Product Specific Terms : The following product specific ter ms shall apply to the Document Intelligence products on this order form, and are incorporated by reference: www.ThomsonReuters.com/DocIntel-PST
Product Specific Terms and Information Security Controls: The following product specific terms and information security controls shall apply to the HighQ products on this order form, and are incorporated by reference:
HighQ Product Specific Terms http://tr.com/HighQ-PST
HighQ Information Security Controls http://tr.com/HighQ-InfoSec
Service Levels: Thomson Reuters shall provide service availability, maintenance and support for the term of the Agreement. De tails are available at:
http://tr.com/HighQ-SLA
Product Specific Terms. The following products have specific terms which are incorporated by reference and made part of this Order Form if they apply to your order. They can be found at https://static.legalsolutions.thomsonreuters.com/static/ThomsonReuters- General-Terms-Conditions-PST.pdf. 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. Campus Research
Contract Express
Hosted Practice Solutions
ProView eBooks
Time and Billing
West km Software
West LegalEdcenter
Westlaw
Westlaw Doc & Form Builder
Westlaw Paralegal
Westlaw Patron Access
Westlaw Public Records
Amended Terms and Conditions
.
Government Non-Availability of Funds for Online, Practice Solutions or Software Products You may cancel a product or service with at least 30 days written notice if you do not receive sufficient appropriation of funds . Your notice must include an official document, (e.g., executive order, an officially printed budget or other offi cial government communication) certifying the non -availability of funds. Y ou will be invoiced for all charges incurred up to the effective date of the cancellation.
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Acknowledgement: Order ID: Q-07298816
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Signature of Authorized Representative for order Title
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Printed Name Date
.
This Order Form will expire and will not be accepted after 9/27/2023.
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Attachment Order ID: Q-07298816
Contact your representative [email protected] with any questions. Thank you.
Payment, Shipping, and Contact Information
Payment Method:
Payment Method: Bill to Account
Account Number: 1000261830
This order is made pursuant to:
Shipping Information:
Shipping Method: Ground Shipping - U.S. Only
Order Confirmation Contact (#28)
Contact Name: Kolak, Angela
Email: [email protected]
eBilling Contact
Contact Name Angela Kolak
Email [email protected]
ProFlex Multiple Location Details
Account Number Account Name Account Address Action
1000261830 SACRAMENTO CITY
ATTORNEY
915 I ST STE 4010 FL 4
SACRAMENTO
CA 95814-2604 US
New
ProFlex Product Details
Quantity Unit Service Material # Description
1 Each 40757482 West Proflex
39 Attorneys 43102993 Westlaw Precision Preferred National Primary Law, Enterprise access, Government
39 Attorneys 42077755 Westlaw All Analytical, Enterprise access, Government 39 Attorneys 41933475 Westlaw Litigation Collection, Enterprise access, Government 39 Attorneys 41935298 Gvt PeopleMap Premier And Company Investigator For Government (Westlaw PRO™)
39 Attorneys 41933492 Practical Law Premier, Enterprise access, Government
Account Contacts
Account Contact
First Name
Account Contact
Last Name
Account Contact
Email Address
Account Contact
Customer Type Description
Angela Kolak [email protected] EML PSWD CONTACT
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Angela Kolak [email protected] EML PSWD CONTACT
Lapsed Products
Sub Material Active Subscription to be Lapsed
40757481 West Proflex
41933493 Practical Law Premier, Enterprise access, Government 43102994 Westlaw Precision Preferred National Primary Law, Enterprise access, Government 42077754 Westlaw All Analytical, Enterprise access, Government 41933477 Westlaw Litigation Collection, Enterprise access, Government 41935299 Gvt PeopleMap Premier And Company Investigator For Government (Westlaw PRO™)
Charges During Minimum Term
Material
#
Product
Name
Year 1
Charges
per Billing
Freq
% incr
Yr 1-2*
Year 2
Charges
per Billing
Freq
% incr
Yr 2-3*
Year 3
Charges
per Billing
Freq
%
incr
Yr 3-
4*
Year 4
Charges
per
Billing
Freq
%
incr
Yr 4-
5*
Year 5
Charges
per
Billing
Freq
Billing
Freq
4075748
2 West Proflex $8,006.01 5.00% $8406.31 5.00% $8826.63 N/A N/A N/A N/A Monthly
Charges During Minimum Term
Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Term.
Refer to your Order Form for the Post Minimum Term pricing. Refer to Order Form for Billing Frequency Type.