REPORT TO COUNCIL
SUBJECT
Title
Action on Approval of a Two-Year Subscription Agreement with Thomson Reuters for Westlaw Online Legal Research Services, and Authorization to Execute Future Subscription Agreements Subject to the Appropriation of Funds
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
The City Attorney’s Office (CAO) requires access to an online legal research service to provide one stop access to research case law, state and federal statues, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources. This service is required on an on-going basis and historically the City has used Westlaw. Access to a legal research database, and ongoing access to the Westlaw database that the CAO has used at least since 2004 (and within which CAO staff has saved past legal research) is critical for the work of the office.
The City’s current Westlaw subscription expired in December 2021, and CAO is currently accessing Westlaw under a “bridge” term of two months. Through the subscription renewal process, it was discovered that the total amount spent on the Westlaw product over the past 17 years exceeded $350,000 and it does not appear that Council has previously approved the subscription.
DISCUSSION
The Westlaw database provides CAO with access to necessary county, state and federal legal materials such as statutes, regulations, caselaw, treatises and public records. Thomson Reuters also provides staff training on using various tools provided within the suite of legal materials.
Access to the Westlaw online legal research database can only be procured through Thomson Reuters, the company that owns the Westlaw product. Thus, the recommendation is consistent with City Code Section 2.105.100(h) “Idle Act” where a formal bidding process would not be useful or produce any advantage for the City, and 2.105.160(b)(2)(3) “single source procurement” in that it is required for use of an existing structure or program currently in use in the CAO and it is only available from one source.
The term of the current Westlaw subscription ends in December 2021. Westlaw has submitted a price quote for a two-year subscription of $1,938.31 per month, or $46,519.44 over the two-year term. As mentioned above, this service has been used by the Attorney’s office for several years, and its continued use is anticipated for the foreseeable future. Although the annual spend for this product and associated service is relatively low, the cumulative value of past plus anticipated future payments will exceed the existing threshold of $100,000 which is the maximum contract amount that is delegated to staff under the Purchasing Code.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The total contract value for the subscription and associated service is $46,519.44 over the next two years. Sufficient funding exists in the FY 2021/22 Adopted Budget to cover this expense. Appropriations needed in future years will be requested as part of the regular biennial budget process.
COORDINATION
This report has been coordinated with Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Authorize the City Manager to:
1. Execute the required paperwork for a two-year subscription for Westlaw on-line legal research and associated services with maximum compensation not to exceed $46,519.44 for the two-year term;
2. Authorize the City Manager to renew or enter into new subscription agreements for Westlaw on-line legal research services after the initial two-year term, as determined necessary by the City Attorney and subject to the appropriation of funds; and
3. Authorize the City Manager to purchase optional Westlaw add-on services, on an as-required basis and subject to the appropriation of funds.
Staff
Reviewed by: Sujata Reuter, Chief Assistant City Attorney
Approved by: Deanna J. Santana, City Manager
ATTACHMENT
1. Order Form for Two-Year Subscription Agreement with Thomson Reuters