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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
District Attorney’s Office
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DATE:
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November 24, 2010
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BOARD MEETING DATE:
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December 14, 2010
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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James P. Fox, District Attorney
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SUBJECT:
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Subscription Agreement and Subscription Plan Amendment with LexisNexis
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RECOMMENDATION:
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Adopt a Resolution waiving the Request for Proposals Process (RFP) and authorizing the District Attorney to execute a Subscription Agreement and Subscription Plan Amendment with LexisNexis for the provision of on-line legal research subscription services for the term of July 1, 2010 through June 30, 2015, for an amount not to exceed $101,460.
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BACKGROUND:
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The District Attorney has a long-standing need to ensure the accuracy of legal statutes and case law precedent when preparing briefs. In order for the District Attorney’s office to accomplish this, a reliable and up-to-date research database is essential. Since June 2004, the District Attorney has maintained an agreement with LexisNexis to provide database access to all of our attorneys. LexisNexis provides a quick, efficient and accurate means to research questions of law, procedures, and statutes relevant to criminal prosecution, and it is a comprehensive resource for all areas of California law. However, the cost of this agreement has increased at a rate of 5% per annum.
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DISCUSSION:
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It is in the best interest of the County to waive the Request for Proposals Process (RFP) as there are only two viable vendors that provide this type of on-line legal research services, LexisNexis and West Publishing. A competitive proposal process was conducted between the two vendors. West Publishing submitted a proposal for three years with a 3% per annum increase in access fees for a total of $69,100. LexisNexis provided a competitive proposal with three-year option for a total of $71,400 and a five-year option for $101,460. LexisNexis’ three-year option increases the monthly access fees at a rate of 3% per annum, while the five-year option keeps the monthly access fees flat for the period of five years. If we were to extend LexisNexis’ proposal for a three-year plan to an additional two years at the 3% per annum rate, the total cost would be $122,594. Therefore, the County would save $21,134 with LexisNexis’ five-year option. Additionally, if we were to extend West Publishing’s three-year proposal to an additional two years at the 3% per annum rate, the total cost would be $118,690. Hence, compared to LexisNexis’ five-year plan at $101,460, the county would save $17,230 with LexisNexis’ five-year option. Therefore, it is in the best interest of the County to allow the District Attorney’s office to execute a Subscription Agreement and Subscription Plan Amendment with LexisNexis for a period of five years through FY2014-2015. Approval of the Resolution, Agreement and Amendment will allow the District Attorney’s office to continue to provide its attorneys with the necessary access to an accurate and comprehensive legal research database for the proper and effective prosecution of criminal cases.
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County Counsel has reviewed and approved the Resolution, Agreement and Amendment as to form.
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Approval of the Resolution, Agreement and Amendment contributes to the Shared Vision 2025 outcome of a Healthy Community by allowing Deputy District Attorneys to properly and efficiently prosecute crimes committed in our County and thereby protect victims of crime.
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Performance Measure(s):
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Measure
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FY 2009-10
Actual
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FY 2010-11
Projected
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Database Availability
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99%
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99%
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FISCAL IMPACT:
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The term of the Agreement is July 1, 2010 through June 30, 2015 for a total obligation of $101,460 and is 100% funded by Net County Cost. The funds for the first two years have been included in the FY 2010-12 Adopted Budget.
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