RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING: A) WAIVER OF THE REQUEST FOR PROPOSAL (“RFP”) PROCESS; B) EXECUTION OF A SUBSCRIPTION PLAN AGREEMENT, PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT, AND ADDENDUM TO AGREEMENT WITH LEXISNEXIS FOR THE PROVISION OF ON-LINE SUBSCRIPTION SERVICES; 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

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:

WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance a Subscription Plan Agreement with LEXISNEXIS for the provision of on-line subscription legal research services as well as a State/Local Government Subscription Plan Amendment, and Addendum (the Plan Agreement, Amendment, and Addendum collectively referenced herein as the “Agreement”); and

WHEREAS, the District Attorney’s office has contracted with LEXISNEXIS in prior years and the term of this Agreement is July 1, 2007 through June 30, 2008 for a maximum one-year payment obligation of $33,420, with an option by the County to extend the Agreement for up to an additional two years for a maximum payment obligation (for FY 2007-08 through FY 2009-2010) of $110,604; and

WHEREAS, the District Attorney has hired a consultant to review its internal procedures and contracts with service vendors and make recommendations for improvements and said consultant’s findings should be completed within one year, at which time the District Attorney’s office will make a determination whether to exercise its option to extend the Agreement term by one or two years; and

WHEREAS, 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;

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

A.

The Request for Proposal process is waived; and

B.

The President of this Board of Supervisors be, and is hereby, authorized and directed to execute said Agreement for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest the President’s signature thereto; and

C.

The District Attorney shall be authorized to execute subsequent amendments to the Agreement, including but not limited to the exercise of the option to extend the term of the Agreement through June 30, 2010, provided that such amendments do not increase the maximum aggregate payment amount of the Agreement by more than $25,000.

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