COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Office of the District Attorney

DATE:

November 20, 2007

BOARD MEETING DATE:

December 18, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James P. Fox, District Attorney

SUBJECT:

Approval of Waiver of the Request for Proposal Process, Execution of a Subscription Plan Agreement, State/Local Government Subscription Plan Amendment, and Addendum to Agreement with LexisNexis for the Provision of On-Line Subscription Legal Research Services, and Authorization of the District Attorney to Execute Certain Amendments to the Agreement

RECOMMENDATION:

Adopt a resolution authorizing:

A.

Waiver of the Request for Proposal process; and

B.

Execution of Subscription Plan Agreement, State/Local Government Subscription Plan Amendment, and Addendum (collectively referenced herein as the “Agreement”) with LexisNexis for the provision of on-line subscription legal research services for a maximum three-year term through and including June 30, 2010, for a maximum contract amount of $110,604; and

C.

The District Attorney to execute subsequent amendments to the Agreement provided such amendments do not increase the aggregate payment amount by more than $25,000.

VISION ALIGNMENT:

Commitment: Responsive, effective, and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

BACKGROUND:

The Office of the District Attorney has contracted with LexisNexis for the provision of online subscription legal database and research services for over seven years. The prior contract with LexisNexis provided for payments to LexisNexis in the amount of $2,360 per month, which reflected a 5% increase per year. The District Attorney now desires to enter into a one-year contract with LexisNexis at the cost of $2,785 per month with an option by the District Attorney’s office to extend the term of the agreement for an additional two years. Payments for services during the two-year term will reflect a projected 10% increase in cost.

The District Attorney has hired a consultant to review its internal procedures and contracts with service vendors and make recommendations for improvements. The consultant’s findings should be completed within one year. Following its receipt of the consultant’s findings, the District Attorney’s office will make a determination whether to exercise its option to extend the term of the Agreement.

DISCUSSION:

The maximum aggregate amount of the Agreement (if the County exercises its option to extend the agreement for the full three years) will be $110,604. It is in the best interests of the County to waive the RPF process because: (1) there is only one other provider (i.e., West Publications) of the type of online subscription services provided by LexisNexis; (2) the District Attorney has a long-standing relationship with LexisNexis and the proposed agreement reflects a 26% discount from their general service rate of $3,775; and (3) no additional training will be required for the attorneys and staff who will be utilizing such online services because the District Attorney’s office has utilized LexisNexis’ services in the past. Under the terms of the contract, there will be 63 attorneys, one employee with the County Manager’s office and one employee with the Board of Supervisors’ office designated as users.

FISCAL IMPACT:

The term of the proposed Agreement is for one year, commencing on July 1, 2007 through June 30, 2008, with an option by the District Attorney to extend the agreement for up to an additional two years through June 30, 2010. The maximum agreement amount for all three years is $110,604 of which $33,420 represents FY2007-08 costs. The cost of this agreement has been included in the FY2007-08 budget. This resolution has no financial impact on the Division’s Net County Cost.