ORDER NO. 29722 LEXIS-NEXIS CONTRACT TO REPLACE WESTLAW FOR COUNTY ATTORNEY'S OFFICE Came to be heard this the 12th day of June, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Lexis-Nexis contract to replace Westlaw as the provider for on- line legal research in the County Attorney's office, and authorize County Judge to sign same. 29722 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Rex Emerson OFFICE: County Attorney MEETING DATE: June 12, 2006 TIME PREFERRED: SUBJECT: Consider, Discuss and take appropriate action to approve Lexis-Nexis contract to replace Westlaw as provider of on-line legal research for County Attorney's Office. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. '' ~, << ~ e KERR COUNTY ATTORNEY REX EMERSON COUNTY COURTHOUSE, SUITE BA-103 700 MAIN STREET May 23, 2006 Agenda Back-up information Current Westlaw cost is an average of $561.00 per month. Projected Lexis cost is $225.00 per month. Projected net annual savings of $4032.00 KERRVILLE, TEXAS 78028 MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228 ~' LexisNexis~ 9443 Springboro Pika, Miamisburg, Ohio 45342 Mailing Address: P.O. Box 933, Dayton, Uhio 4b4U1 F A X T R A N S M I S S I O N C O V E R S H E E T TO: DATE: 5/22/2006 Name: Flex Emerson Company: Kerr COUntV AttOrneV~S O'fflCe _ TDTAL NUMBER DF PAGES City/State: 10 Fax Number: 530-792-2228 (INCLUDING COVER SHEET) FROM; DAYTON Name; Mike Edsall REGIONAL SALES Ext.: 54953 OFFICE: 800-227-9597 E-mail: MichaeLEdsallCa7l..exisNexis.com FAX: 937-432-3962 COMMENTS: Rex, Here are the contracts to get the account setup. Notice on the second page that the account is set up as a zero dollar account until July 1, 2006. The sooner the paperwork is returned, the sooner we can get you guys up and running. This pricing is based upon the fact that there are 3 users here. Please fill in the requested information and fax back to my attention as soon as you can. Please include a copy of your letterhead and a business card. (This will only be used for verification of the account.) Call me if you have any questions. Thanks, I~'ll~?~ilTlfd C.~ ~2?6.1' e"8F"~tdfE7F~ 4XT.:??~r~,(eAdr'N- Qd'7 T'I~T~ .~CB.^.3PPII~e as m'7ATd]I ~~TP27C~tK~C~:? ~i~~itR'T+M+' I'O"I'AiI I'P'.l,i,.fllc.G: f; (J"l'llful`d iC lirelt nf.~uvlaq+".,.... ~~~~-~~-~~ ~.~....... ira Otlr n:ngettinnl nu`nf Rcs r:'++rrle~ SnluGion"~ I'rBCI' 2240 ® t~SLG 2XIS eXI~~ L 5l1BSCRIPTIONPI.ANAMEN~MENT' S ~ FOR STATFJLOCAL GOVERNMENT "Subscriber": Kerr County Attorneys Office "LN": LexisNexis, a division of Reed Elsevier Inc.:. 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Subscriber will implement policies and procedures to prevent unauthorized use of LN IDs and ' will immediate) notif LN, in writin , if it sus eels that an LN ID is lost, stolen, com romised, or misused. PHRTICIPATINCi aILLtiKUUP rf LOCATION CITY AND CTATG TBD ICERRVILLE, TX I 3. GERTIFIGATION Subscriber certifies that on the date this Amendment is signed by Subscriber re are _ use s udges, government professionals and total number of attorneys) in Subscriber's organization. Througho ~ Term, Sus fiber will immediately notify LN in writing of any change in the number of users, in which case LN may, in its s n, increase or decrease ' the Monthly Commitment (defined in Section 5.1 below) upon at least 30 days prior written notice to Subscriber. If the Monthly'. Commitment is increased ae s result of a change in the number of users in SI IhsrribAr's organization, Subscriber may, within 90 days felfowing notice of such increase, terminate this Amendment upon at least 10 days prior written notice to LN; , Othenxise this Amendment will remain in effect. Upon the request of LN, Subscriber will recertify to the Current total number o'f users. 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charg9 in Sertinn 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Biligroups will be provided access to and use of certain Materials, products, services and I features, identified below by courcelmenu number (the "Preferred Pricing Materials"), available in the lexis.coms"'service or' the LN Online Services accessed via proprietary software (the "Classic Online Services"}. If Subscriber is an existing LN customer and this Is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for' the montn In which the change 5ecurnes effective if the change occurs other than on tho first doy of the month. At no; additional charge, the Participating Billgroups may do oftline printing, online printing and saving to disk of Preferred Pricing'. Materials- if your subscription includes Research Advantage, then your access to and use of Fesearch Advantage shall be'. subject to and governed by the additional terms and conditions set tortn In the software media at the time of Its Installation. fi,htcriptinn Plan Amendment tar 5/L GnvefM110r1t ®2008, LexisNexis. a tlivi5i0n of Reed Elsevier Inc. 5LGovtSubetri tibnJOn2008 All rl Ilt9 rneervetl. PREFERRED PgICINO MA7CRIAL3 30 VROrJMCNV ENEPARt1E NUMafiR (a) PURE LEX13 3aTNrA Pull (b) NATIpNAi. AND REGfUNAL Nrws MCT017 (C) 1X MnTfHEW 5END5R MTTX00 (d) (e) See attached Rider No. 1 far additional Preferred Pr;dng Materials Beginning Activation to Gl3r)/pG $ 0 tieglnnmg 7/1/OG to b/.iU/CI/ $ Iys Beginning to $ Beginning to g Beginning to $ 5.~ During the Term, the Monthly Commitment will be billed In Ileu of the Information Charges speed in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then-current standard undiscounted rates in accordance with the Price Schedule: (a) selected Images (those that include a charge in the PriuC Schedule); (b) Dul I & Bradsfreat Reports; and (c) Risk Solutions, 6. 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To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of tho increase. 9.3 All access to and use: of the Online Services via mechanical, programmatic, robotic, scripted or any nthar automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. 9.4 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE UNLINt StKVIGES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 9.5 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 9.6 Except as expressly modified by this Amendment, all other terms and conditions at the Agreement will remain in full force and effect and unaffected by this Amendment. in ttte event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. Except as set forth herein, this Amendment may nat be modified or otherwise changed unless mutually agreed to by bath parties in writing. AGREED TO AND ACCEPTED 9Y: KEI2.R COUNTY ATTORNEYS OFFICE LexisNexis, a division of Reed Elsevier Inc. SWBSGRIBER BY• BY: NAME: TITLE: TITLE: DAT~''C DATE: THI$ AMENDMENT DOES NOT BIND E17MER PARTY UNTIL IT HA$ BEEN ACCEPTED BY BOTIi PARTIES. SUHSG1tIHtK MAY Hlil;tY 1' I nl3 AMENDMENT 5Y' SIGNING A80VE. LN MAY ACCEPT THI$ AMENDMENT BY PERFORMING ACCORDING TO THI$ AMENDMENT DR BY SIGNING ABOVE. NAME: LexisNexis®SUBSCRIPTION AGREEMENT AND ORDER FORM 8 sLa STATEILOCAL GOVERNMENT PER SEARCH PRICING EFFECTIVE MAY 1, 2006 You may subsrrihe to tha Qnlino RANICP.R by agreeing to abide by KERB COUNTY ATTORNEY OFFICE I tha General Terms and Conditions and the Prica Schedule /f, attached heretq and incorporated herein, as Exhibits A and B, e t {L l T h i \ o respect erms and Conditions and T vely. The Gonoro (AYTIIORRFP EUPBCmeeq BICNATUp6~ Additional Terms represent the entire agreement for access to and use of the Online Services, The General Terms and Conditions tuaixe: aro oleo sat foRh in the online TERMS 8brary- In the event of a conflict or variation between the General Terms antl Conditions TITLE: attached hereto and those appearing in the TERMS library, the latter shall control. Your gubscriptfon is subject to 2r..r..2pt?nce by PAT LexisNexis, which acceptance shall be evidenced by issuing one .~ or mare ident~cation numbers to access the Online Services. CUSTOMER INFORMATION (Please type or print); I. organization Name: ICERIZ COUNTX ATTORNEY OFFICE 2. Address: 700 MAIN ST RM. ]3At03 ICERRVTLLE, TX 73023 3- County: KERB 4. Country: USA 5. Telephone Number: 830-792-2224 6. Tolecopier Number: 830-792-2225 7. Email Address: I2EMERSON~;CO.REP.P.TX.US B. Invoice Address (if different than 2) 9. Name of Contact, Telephone Number and E-mail Address Tar the }allowing: InstelletiOn: REX EMERSON 830-792-2224 REMENSON(u)CO.KERR.TX.118 ~ Billing: REX F..M ERSON 830-792-2224 RP..MEILSUN(¢jCU.KCIiIi:Jx-US ' PolicylLegai NOtiflcal'fon: REX EMERSON 830-792-2224 REMF.R50N(a]CU.KCRRTX.1 t5 SChedulinglTraining: REX EMHILSON 830.792-2224 REMF,RSON[?P CO.KERR,TX.US Customer LD. Information (Please type or print) ID Holders' Names ID Holders' TitleslPositions ID No. (LN to fill ln) adtlitianal sheet dttached^ SfffielLPCaI Government Per SeBrtn Substri lion Agreement - Ma 2006 Pe a 1 of 6 2 3 EXHIBIT A TO LexisNexis®SUBSCRIPTION AGREEMENT General Terms and Conditions State/Local Government Per Search Pricing May 1, 2006 ~ sLc The following terms and conditions govern your use of the LexisNexis® services (the "Online Services") and the materials available therein ("MeTcrials°): 1. LICENSE; RESTRICTIONS ON USE 1.1 Ypu are granted a nonexclusive, nunlr atssferdble, limited license to access and use for research purposes the Online Services and Materials from time to time made available t0 you. I his IICenSe Includes: (a) The right to electronically display Materials retrieved from the Online Services t0 no more than bne person at a time, subject to the Supplemental Terms for Specific Materials; (b) The right tp obtain a printout of Materials via printing epmmands of the Online Services and to croate a single printout of Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts"); (c) Wifh respect to Materials that are court cases, court rules, cpurk briefs, agency-issued documents, agency regulations or executive branch materials from the United States, its states or territories (Collectively, "Authorized Legal Materials"), the right to retrieve via downloading commands of the Online Services and store in maChine- readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Sp9r_ifir_ M?4eriala; 1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, rOprodUCing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may no[ print or download Materials without using the printing or downloading commands of the Online Services, 1,4 All right, tlele, and Interest (Including alt copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provitler oY the Unline Services or its third party suppliers of materials. 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YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN UIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INGIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KING WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERF_D PARTY 70 PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. 5. MISCELLANEOUS 5.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as Jes~rif,ed below or by written agreement. Charges and payment terms may tie changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services Immediately upon notice. 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Notioee 8h311 6a deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Onlino Sorvioes; or on the date rcCOivcd, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative. 5.4 The failure of the provider of the Online Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a weivcr of such provision or of the right to enforce it at a later time. 5.5 The subscribing orgenizption or individual may not assign ifs rights or delegate i[s duties under the subscription to access the Online Services without the prior written cun5eut Uf the provider of the Online Services. 5.6 These General Terms and Conditions and the AdrJitlpnal Terms shall bC governed by and oon~trucd in accordance with th0 laws of the State Of Ohio. 5.7 Each third party aupplicr of Materiels has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. ---------^------------.-CNP OF EXHIBIT A---. ..--- EXHIBIT B TO LexisNexis®SUBSCRiPTION AGREEMENT Price Schedule StatelLocal Government Per Search Pricing May 1, 2006 ~ SLG These charges are effective as of May 1, 2006, and shall continue thereafter until the subscribing organization or individual ("Subecriber") is notified othcrwi~c. For more information about the pricing components, consult the Price Definitions and Price List available via the Classic Online Services using LexisNexis communications software under the administrative identification number 2089ZWS, at no cost to Subscriber for accessing or printing. 1. INFORMATIpN CHARGES 1.1 $EgRCHES. Charges currently range from $0 to $35.00 per search. Consult the Price List available in the Online Services for detailed search charges. 1.2 DISCOUNTS. The discounts set forth below shalt be applied to Subscriber's Information Charges for each monthly invnire period. ThR diennunt Ghall h® computed monthly and shall be based on the average amount of Information Charges incurred by Subscriber in the three month period beginning four menthe before the month Subscriber receives the discount. Discounts shall not apply to: (i) Historical Stack Quotes, (ii) Investext, (iii) MarkMOnitor, (iV) MarKlntel, and {v) MUIteX. Monthly Average Information Charges Flat Dlscaunt Fmm 50 up to 51G,O1x1 D% Over $15,000 up to $30,000 2°k Over $30,000 up to $60,000 4°,5 Uver $80,000 Up t0 5&0,000 8% Over $90,000 12 1.3 Access. charges currency range from $o to $go. Consult the Price List available in the Online Services for detailed access charges. 1.4 LExI5NEx15® ALERT, Charges for LexisNexis Alert searches are based on the frequency in which they are executed. Reports are printed at aoolicable Drint rates. n?mend I IPn $0.00 $0.00 Business Day $0.00 $0.00 waakiv $o.DO $D.oo BI-Weekly $0.00 $0.00 Months $o.DD 50.00 SHEPARD'S®BRIEF 5UITET" DESKTOP& ~C7 ICVA11 SRIEFCHECK.COM ______ Shepard's®BdefCheckn" convenience $2.ODllink` SnapeM'a®nderCheekT" Unlquo ~oeumcnt Rceric~el 6.n.DD/rchic W I' ShepaN's9 LinkT" Convenience $2.00/link' Shepard'stnJ FullAuthority® Repon $20.00/report" Sne ard'sms VeCnock,M Ke on g2o.o0/re ort~ "Includes pdnting and downloading Charges. NT RETRIEVAL through LexisNexiSTM at www.lexls.com via embedded link (excluding Document Llnks) $fi.00Aink Wa r~r•.f a nnrument by rltatinn $6.00/link through LexisNexis Research Software via LEXSEE® service $6.00/link via LCXSTAT® servlca sa nnnm^ TOC bocument Linktn9 S4.OOAInk Enhanced Table of Content (TOC) 54.00/per searcn Intro-Day $8 Intro-Day 2x $16 Intro-Day 3x $24 Dally $1d BUStness Day (M•F) 518 Weekly 521 1.5 RESEARCH TOOLS EACW CASE/CITATION(REPORT Shcpard's~ Table of Authoritie.4 Report $i.00/report" Auto-Cite®senride $6.00/cite' ShepeMl~9 Citeticn Ecrvioc $6.00/clta/SHEPhRD'6` "Includes pdnting and downloading charges through LexisNOXis Research Software Hisbrlc Price Ouotw $0.16" Historic Dlvldentl 4uetos $0.25" `Indudes printing antl downlgading charges. through LexiaNaxls at www.lexi9.CDm Historical QUDtes $0.30 per day per quote Results will be Formatted for viewing in a tabular format and can be formatted for printing and printed to the user's local printer at no additional charge. TD download the results to CSV (spreadsheattExcel format) the charge will be $2.00. To receive a coon, the charge wm be an additional 51.00. For oath additional company that is added to the 1.7 f RINTING AND SAVING TD DISK. Charges for printing and saving to disk are included in the Per-Search rote. 1.6 IMA~E9. Charges for images will be as follows per image retrieved, EACW IMAGE Anatpmical Transparencies $0.00 Trademark design images $0.00 Patent exemplary drawing images §0.00 Mealey $0.00 61ccNCr Environmental $3.00 IHI patent images - US domestic $5.00 IHI patent Images- Intematlonal $5.00 Elsevier @uslness b6.00 FOm15 $7.50 Investext $10.00 ISO POIICy FOnns $25.00 1.9 CUN daBKAOS'I'KEE I'REPCIKIS. Charges for Business Information Reports will range from $&4.00 to $599.00 depending on the user's location (e.g. USA, Canada, etc.). Charges for other Dun & Bradstreet Reports will range from $72.00 to $130.00 depending on the specific report requested. Consult the Price List available in the Online Services fvr detailed report charges. 1.10 ANALY2FR. $0 per search and $200 per report. 1.11 SMARTLINX. $99 per search $0 for a Public Record (PUBREC) report $0 for a Click Search 1-14 DFI AWARF $FnRF.TARY OF STATE. $35 per rP.pOrt. 113 COMPANY DossIER. Charges range from $5 up to $50 per report and from $0 up to $50 per document Ilnlt. 1,14 RISK SOLUTIONS. Charges far Telephone Look-Up will be $0.75 per search, Reverse Telephone Look-Up vim b© $0.75 per search, Name and Address Verification will be $3,00 per search, and InstantlD® will be $3.00 per search. Get A Report charge will be $99.00 per search. Charges far Report Component will range from $0 to $6.OD per report. Charges far Web Clocllmentg will r?n0a from $10.00 to $2D.00 per document- Consult the Price List available in the Online Services for detailed report charges. Offline Civil and Criminal Court Records ("OCCCR") fees depend nn fhe jurisdiction. OCCCR fees may consist of all Search Type foe $10.OD - 175.00 par search Court Access fee $1.00 to $40.00 per search Excess Case Fee (1 to 5 cases) $0.00 Excess Case fee (6 or mare roses) $1.00 per case 1.15 EDGAR ONUNe. $15 for Excel Reports and $22 for Nan-Excel Reports. 1.16 INVESTEXT DOCDMENT$. TWO MOSt Recant Reports will be $9.00 per page, and Archive Reports will be $45.00 per report. 1.17 MARKMONIroK®. The following sources from the gateway searches will be $35.00 per search: ~dmainSmart, eBannermonitor, eBcardmonitor, eDomainmonitor, eLinkmonitor, eNetmonifor, eSitemontior, TMIQ, Inbox and ReverseWhois. 2. HAN pLING CHARGE, $15 for documents printed at the LexisNexis computer center. 3. MONTHLY SUBSCRIPTION CHARGE. $75 per building with equipment used to access the Online Services (up to a maximum of $150 per Agency). 4. INSTRUCTION. Training is provided at no charge and covers (a) the basic instruction of all individuals selected by Subscriber to receive instruction in the use of the Online Sorvices and (b) standard instructional and reference materials on the use of the Online Services. Everyone who completes training shall receive one hour of free use to perfect their skills. This free hour is non- transferable and must be used within 14 calendar days of the date on which basic instruction is completed, at a single session or on an aggregated basis. Credit for free use shall automatically 6e reflected on Subscriber's monthly invoice and shall be applied against Subscriber's total charges in a given month. 5. EQUIPMENT AND SOFTWARE CHARGES. 5.1 Subscriber m?y rise its nwn eftl ripment, nr Pryuipment may be available from the provider of the Online Services ("Access Equipment"). 5.2 The Access Equipment shall be maintained by the provider of the Online Services at its than current standard charges. Contact your account representative for current charges. Subscriber may terminate rental of any Access Equipment upon 10 days written notice. Access Equipment must be returned to the provider or the Online Services in the same condition in which it was received, reasonable wear and tear excepted. 5.3 Subscriber shall not peI'mit any of ifs agents or employees to attempt to move, modify, repair, or tamper with any Access Equipment in any way, except that Subscriber may install Access Equipment designated by fhe provider of the C]nlinR SANICP.S as installable by Subscriber. If Subscriber installs Access Equipment, Subscriber shall do so in accordance with the applicable instructions. Subscriber assumes all roaponalbility for any personal injury or property damage, including damage to Access Equipment, that occurs as a result of Subscriber's Installatwn of the Access Equipment. 5.4 Subscriber shall pay then current standard charges for any software licensed by the provider of the Online Services. Additional terms and conditions applicable to .the softwarc arc pact