ORDER NO. 30979 LEXIS LEGAL RESEARCH CONTRACT Came to be heard this the 8th day of September, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler. The Court unanimously approved by a vote of 4-0-0 to: Approve renewing the Lexis Legal Research Contract. ~,~~ 3x979 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Rex Emerson MEETING DATE: September 8, 2008 OFFICE: County Attorney TIME PREFERRED: SUBJECT: Consider, Discuss, and take appropriate action to renew the Lexis legal research contract. 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: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. •' LexisNexis• "Subscriber": KERR COUNTY ATTORNEYS OFF t CE gs~ StlBSCRIPT70N PLAN AMENDMENT t=OR STATEJLOGAL GaVERNMENT "LN": LexisNexis, a division of Reed Elsevier Inc. In this Amendment (the "Amendment") Subscriber and W agree to amend tha Subscription Agreement (the "Agreement'} previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and ca7d{ttOnS set forth bebw. 1. TERM! The term of this Amendment (the "Amendmerrt'~ w~i begin (a) on the date Subscx~er's b(~ng account {a "6filgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject t0 Section 7, on the first day of the calendar month immediately following the execution of this Amendment and derroery of tt to LN if Subscriber is an existing tJV customer, and will eontiru~ue until ti1e Iasi day of the final Commitment Period referenced in Section 5.1 (the "T'ems"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's i3iltgroups and locations (the 'Participating Billgroups') set forth below and the Authorized Users under the Participating Billgroups. "AuthoHzed User" means an lndhridual to whom Subscriber assigns an LN identification number under a Particpating 8illgroup ("LN 1D"). Only Subscriber's empoyees, temporary employees and contractors are eligible to be Authorized Users. Subscriber agrees that each LN ID may only be used by the Authorized User to whom it is assignned and may not be shared with ar used by any other person, including other Authorised Users. Subscriber wit! manage its roster of Authorized Users and will promptly notffy LN to deactivate an Authorized User's f,N Iprf the Authorized User no ionger works for Subscriber or Subscriber otherwise wishes to terminate the Authorized User's access to the Online SeMCes. Subscriber is responsible for aN use of the Online Services accessed with t.N IDs, induding associated ctmrges. and for use of the Clnlhe SBn/it?es by temporary employees and contractors to the same extent serf they ware Subscaiber's employees. Subscriber will implement policies and procedures to prevent una~tptjzgd use ~ L1d tOs and will immediate) nofdv LN, in writing M tt suseacts that an iJV tD is last stolen. com[x'crnissd, or misused_ I sie~nroei~... 3. CBR7IFlCATIQN Subscriber certifies that on the~ate this Amendment is signed by Subscriber there are ~ government professionals For a`totai of 3 users (the "Reference Numbed in Subscriber~s~s'~ attorneys, ands„ Term, Subscriber will immediately natity LN in writing of any change in the Reference Number~re t~otalonumber off judges and attorneys falls below t 1. Upon the request of LN, SubsCrR~er will recertify to the Reference Number. 4. MONTHI,X SURSCREPTiON GHARGE During the Term, the Mouthy Subscription Charge in Section 3 of the tt'-erncurrent applicable price schedule (the "P-ic+e Schedule') will be waived. 6. PREFERRED PRICINQ MATERIALS AND CI~tpRGBS 5.1 in c~nslderation of Subscxiber's payment to l~l of the morrthiy commitment amounts specified below (the 'Monthly Commitment"), the Participating B~Igroups wilt be provided access to and use of certain Materiais, products, serv'~ces and features, identified below by source/menu number (the "Preferred Pacing ttAaterials'~, available in the /exis.aom~" service or the W QnIMe Services accessed via proprietary software (the "Classic Online Servkes'~. g Subscriber is an existing l.N customer and this is a revision to Sutx3criixr's Preferred Pricing Materials and Monthly Commitment, fees wHt be prorated for the month in which the change becomes effectiverf the change occurs other than on the first day of the month. At no additional charge, the Partidpating Billgroups may do offiine printing, online printing and saving to disk of Preferred Pricing Materials, tf your subscription includes Research Advantage, then your acx~egs tp and use of Ras®arch Advantage shaA be subject to and governed by the addlttonaf terms and conditions set forth in the software media at the time of its installation. ,~ t3eginning 9/t/0$ to 8C31~09 w S 205.00 ~^nt^9 Eo S 68g-nnirig to 6e9inning to ~ 8eglnning ~ $ 5.2 During the Temt, the Mantttty Ccmm-~ment will be billed h Ilgu of the Information Charges specffied in Section 1 at the Price Schedule for at1 access to and use d the Preferred Pricing Materi&IS, except as otherwise provided in 58r~ion 5.3 and Section 6 (if elected} below. 5.3 The fdlowing Materfals accessible from. but not irxxuded as part of the Pnefen~e~d Pricing Materials, will be subject td monthly biging at the then-currortt standard und~nted rates rc~ accordance yv~lt the Price Schedule: (a) selected Images (those that include a charge in the Price Schedule); (b} Dun & Bradstreet Reports; and (c) ~ttsk Solutions. ti. ADDI`YfONAL GHAAGES The Participating Btitgroups may have access to anti use of the LN services and feahmes rwt accessed through the Preferred Pricing Materials ("Alternate Pricing AAateryals"). If Subscriber sa elects by initialing below, or try natffying LN at a later date, Subscriber will have access through the Aitemette Pricing Materials at then-current undlscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. ^.~ Subs~xlber gleam accsas io fhe +4ltenteda Prlobg Material4 7. CLdSED OFFER The offer of W contained herein is valid unili _ S/I5~0$ . In order to Implement this Amendment by the first day of a calendar month. LN must reeehre this signed Amendment by the 20th day of the preceding month. 8. CONFlOI?N'i7AL lNFpRlIfIpT1QN Subject to arty state open ~ records or freedom of information statutes, this Amendment contains confidential pricing information of LIV. Subscriber understands that disclosure ~ the pricing inoormation contained herein coukl cause cbmpetitlve harm to LN, and will receive and maintain this Amendment in trust and confidence and talcs reasonable precauiions against such disclosure to any third person. This $gcliq~ 8 will survive the terrninetion or 8xpiration of this Amendment. 9. tilISCELLANEC~IS 9.1 During the Term, use by and charges to the Participating Billgroups wi(l not be eligible for other discounts or aggregatipn with the use df or charges for other biikjrpups, 9.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated try Subscriber after the first Commitment period on the fast day of any calendar month upon a1 least 30 days prior written npttce to LN. st.Oovt~ you n~PIm~Arr~,o~azo~o,°a'~°~'~ -- C zoos. ~axleWaxls, a ann~lon of a.aa ~7s.vsp a+c. This Amendment may also tie terminated by Subscriber on 10 days prior written notice to LN in the event of any increase in the Monthly Commitment, excluding any increases fisted in Section 5.1. Ta be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. 9.3 Ail access to and use of th® Online Services via mechanical, programmatic, robotic, scripted ar any other automated means Is 3if1Ct}y prohibited. Use O# the Online Servk:ess >s permitted only via manually conducted, discrete, individual Search and retrieval actlvtoes. 9.4 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED ll3E OF THE ONLINE SERVICES BY SUBSCRIBER fS GOVERNED BY.THE AGREEMENT ANO WILL BE BILLED IN ACCORDANCE WITH THE PptCE BCHEDULt=. 9.5 Atl capr~alized terms not defined herein will have the meanings ascn'tled to them in the Agreement. ~ICludfng tti4 Price Schedule, 8.6 Except as expressly modified by tills Amendment, all other terms arxi condoions of the Agreement will remain in full force and effect and urlaflected by this Ametximent, In the avant of a confClct or irloonsisterlcies between the Agreement and this Amendment. this Amendmern will cxxttrd. Except as set forth herein. this Amendment may not be modified or otherwise changed unless mutually agreed to by both parties in writing. AGREED TO AND ACCEPTED BY: - iC1El~.R COUNTY A,TTOhZPIEYS OFFICE LexlsNexis, a dh-bswlon at near! E 1110. ` - UBBCAISER 6Y: BY: ~~ ~.. .. T1?'LE: ~~~>*~ ~/v~~ ~ ~; ST. Pricing Anai~~t DATE: ~hY ~~ DATE ~ ~~t ~P' ..! , THIS AsIENDMENT DOES NOT BEra /EfrFlER PARTY UNTIL n' Hqs pr:t3N ACCEPTED BY BO1N PARTIES. 3U8$Cprpr:R MAY ACCEPT Tkll9 AMBJDAAENT BY SKiNNG ABOVE. tN r~tAY ACCEPT THIS AMdutsaENr 8Y PERFORMINd AO^,.,ORDiNO Ta TH13 AMENDMENT OFl 8Y SIGNRiCi ABOVE.