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AGENDA ITEM REVIEW FORM
2.K.
Work Session
Meeting Date:
09/06/2017
Department Head:
Kay Macuil
Submitted By:
Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Discussion Item - No Action to be Taken

ITEM:

Discussion and possible directions to staff on any and all matters regarding renewal of the subscription to Westlaw for a 5-year contract.  (Kay Marion Macuil, City Attorney)

SUMMARY:

The City Attorney’s and Prosecutor's Offices share a subscription to Westlaw and wish to renew the subscription which expired in August. 

Background
Westlaw is a web-based service tool providing searchable access to the laws and other legal resources. Westlaw's databases include constitutions, statutes, regulations, cases, legal encyclopedias, scholarly articles on the law, legal practice guides, forms, legal news and more.

Renewal
We spent about $9,850.00 per year for two (2) attorneys. For $1,784.00 more per year, the renewal subscription will cover three (3) attorneys (City Attorney, Assistant City Attorney and Prosecutor) and an upgrade to over 2,000 more databases for a total of  $11,634.00 per year.  The contract is for five (5) years, and there will be a three percent (3%) increase each year.

Compliance with San Luis Code - Purchasing
Under the San Luis City Code - Purchasing Section 36.02, where there is only one service provider, other quotes or bidding is not required. Here,  Westlaw has copyrights to its service and therefore is the only service provider.  So, only one quote was provided.  We were able to negotiate a lower price than what was originally quoted to add a third attorney. 

Staff Request
Staff is requesting that City Council approve the continuation of this essential service for the functioning of the City Attorney's and Prosecutor's Offices.

RECOMMENDATION / SUGGESTED MOTION:

Discussion and possible directions to staff only, no action.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
Yes
CITY/STATE/FEDERAL FUNDS:
City
TOTAL:
$6,140.00
BUDGETED AMOUNT:
City Attorney $15,000.00
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
Dues & Subscriptions GL #100-117-60020 $14,453.12

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

City Attorney's budget pays for two-thirds (2/3) of the total for the two (2) attorneys (City Attorney Macuil and Assistant City Attorney Gimbut) the other one-third (1/3) is paid out of the Prosecutor's budget for the one (1) attorney (Prosecutor de la Vara). This contract will start in mid-September so for this fiscal year it will be from mid-September 2017 through June 2018 for a total of nine and a half (9-1/2) months.

Total for the nine and a half (9-1/2) months is $969.50 per month x 9.5 months = $9,210.25
Two-thirds (2/3) portion for the City Attorney's Office is ($9,210.25 x 2) / 3
$18,420.50 / 3 = $6,140.17 Round off to $6,140.00

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
Yes
CITY/STATE/FEDERAL FUNDS:
City
TOTAL:
$3,070.00
BUDGETED AMOUNT:
Prosecutor $10,000.00
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
Dues & Subscriptions GL #100-118-60020 $9,698.56

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

The Prosecutor's budget pays for one-third (1/3) of the total for the one (1) attorney (Prosecutor de la Vara). City Attorney's Budget pays for the other two-thirds (2/3) of the total for the two (2) attorneys (City Attorney Macuil and Assistant City Attorney Gimbut). This contract will start in mid September. So for this fiscal year, it will be from mid September 2017 through June 2018 for a total of nine and a half (9-1/2) months.

Total for the nine and a half (9-1/2) months is $969.50 per month x 9.5 months = $9,210.25
One-third (1/3) portion for the Prosecutor's Office is $9,210.25 / 3 = $ 3,070.08 Round off to $3,070.00

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