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Agenda 09/11/2018 Item #16K3
09/11/2018 EXECUTIVE SUMMARY Recommendation to approve the attached Amendment with LexisNexis to provide online legal research services to the County Attorney’s office and authorize the County Attorney to sign the Amendment. OBJECTIVE: Approval of an Amendment wi th LexisNexis to provide online legal research to the County Attorney’s Office. CONSIDERATION: There are only two companies, LexisNexis and Westlaw, that provide the type and content of online legal research required by this office. Online research is used for a variety of reasons, the main one of which is cost effectiveness. By utilizing online research, we are not required to maintain a physical library or hard cover books which is extremely expensive and takes up a great amount of space. Every three years, we request quotes from LexisNexis and Westlaw to assure that we receive the most current content available at the most economical price. We have gone between the two companies over the years. Our most current contract with LexisNexis (Agreement #12-5969) will expire October 31, 2018. Requests for quotes for online legal research were made to LexisNexis and Westlaw this year. The quotes were as follows: · LexisNexis: o LexisNexis has agreed to keep the current rate of 9 attorneys at $561.22 per month-pricing based on three-year contract with no price increase during that time. · Westlaw: o 8-10 attorneys (Up to 20 total users) $548.80 per month - all pricing based on three-year contract with 5% increases in out years. FISCAL IMPACT: The annual cost for a three-year agreement with LexisNexis is $561.22 per month. LexisNexis has agreed to keep the same monthly rate with no increase for up to five years. These funds are budgeted in the County Attorney’s Office budget for the upcoming year. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approves the attached Amendment with LexisNexis to provide online legal research to the County Attorney’s Office and authorize the County Attorney to sign the Amendment. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Lexis Quote (PDF) 2. Westlaw quote (PDF) 3. LexisNexis Amendment 2018 (PDF) 16.K.3 Packet Pg. 2814 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 6530 Item Summary: Recommendation to approve the attached Amendment with LexisNexis to provide online legal research services to the County Attorney’s office and authorize the County Attorne y to sign the Amendment. Meeting Date: 09/11/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 08/24/2018 2:17 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/24/2018 2:17 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/24/2018 2:52 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/27/2018 8:50 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/28/2018 10:37 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2018 6:26 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 16.K.3 Packet Pg. 2815 AllenDebbie From: Sent: To: Cc: Subject: Good morning, lmundo, Lawrence W. (LNG-DAY) <larry.imundo@lexisnexis.com> Monday, July 02, 2018 9:39 AM HayesJessica Allen Debbie; HerreraSandra RE: online Legal Research 1000'tKX6o coilier county Attorney's office We would be happy to renew the current agreement at the same price you are at now and with no increase for up to 5 years, we currently have you down for 8 professionals and when the time comes I can ask to hold the price with no changes and the additional professional at the office. When the WL proposal comes in if you can please share with me the details to ensure our offer is comparable in both the content and price that would be great and if we need to "sharpen the pencil" a little I would be happy to ask Lexis for any concessions to retain you as a customer. Thanks, Larry Larry lmundo Sr. State & Local Government Gonsultant LexisNexis larrv. imundo@lexisnexis.com Office: 937.247.3326 FAX: 866.960.2376 2417 Search Assistance 800.227 .9597 ext. S31 00 COM P Ll M E NTARY O n I i ne tra i ni n g 800.227 .9 597 ext,l 2521 t,l From: HayesJessica Imailto:Jessica. Hayes@colliercountyfl.gov] Sent: Friday, June 29, 2018 3:34 pM To: lmundo, Lawrence W. (LNC-DAy) <larry.imundo@lexisnexis.com> Cc: AllenDebbie <Debbie.Allen@colliercountyfl.gov>; HerreraSandra <Sandra.Herrera@colliercountyfl.gov> Subject: RE: Online Legal Research Hi, At this time we would like to keep our current service. There are 9 attorneys and 10 support staff [19 total) professionals in our office. fessica Hayes Legal Assistant-Paralegal Collier County Attorney's Office 16.K.3.a Packet Pg. 2816 Attachment: Lexis Quote (6530 : Amendment to LexisNexis contract to provide online legal research services) 3299 East Tamiami Trail, Suite 800, Naples ,FLZ4lI2 Tel:1239)-252-8400 Fax:(239)-252-6300 j essicahayes@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to apublic records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: lmundo, Lawrence W. (LNG-DAy) [mailto:larrv.imundo@lexisnexis.com] Sent: Friday, June 29,2018 3:32 pM To: HayesJessica <Jessica.Haves@colliercountvfl.gov> Cc: AllenDebbie <Debbie.Allen@colliercountyfl.sov>; HerreraSandra <Sandra.Herrera@colliercountyfl.gov> Subject: RE: Online Legal Research Hello, Can you please tell me how many professionals are employed at your office and if you would like a quote for service for the same content you currently have or are we looking at making any changes? Larry lmundo Sr. State & Local Government Consultant LexisNexis larrv. imundo@lexisnexis.com Office: 937.247.3326 FAX: 866.960.2376 2417 Search Assistance 800.227 .959T ext. 531 00 COMPLIMENTARY Online training 800.227 .9597 ext t212,t,t1 From: HayesJessica Imailto:Jessica. Hayes@colliercountvfl.gov] Sent: Friday, June 29, 2018 3:30 PM To: nicholas.c.iames@thomsonreuters.com; lmundo, Lawrence w. (LNG-DAy) <larrv.imundo@lexisnexis.com> Cc: AllenDebbie <Debbie.Allen@colliercountvfl.eov>; HerreraSandra <Sandra.Herrera@colliercountvfl.gov> Subject: Online Legal Research Gentlemen, I will be handling this contract for Debbie Allen. I am leaving for vacation next weeh but wanted to get the process started on this so that I will be able to prepare everything upon my return on fuly 9th. Our LexisNexii contract expires in 0ctober, 2078. I would appreciate it if you would each provide quotes for the same (or in the case of Westlaw - similar) products we are currently using. For your reference, attached is a page showing the content we are currently using. The quotes should be based on a term of three years. We currently have 9 attorneys and 1"0 support staff in the office so I would need at least that many passwords. If you should have any questions regarding this request, please feel free to contact me. Thank you. 16.K.3.a Packet Pg. 2817 Attachment: Lexis Quote (6530 : Amendment to LexisNexis contract to provide online legal research services) fessica Hayes Legal Assistant-Paralegal Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800, Naples,FL34LL2 Tel:1239)-252-8400 Fax:(239)-252-6300 iessicahaves@colliersov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under fl*rida Law, e-mail addresses are public records. lf you do notwanl your e-mail address released in responoe to a publrc records request, da nals*nd electronic mail to this entity. lnstead, contact this office by telephone or in writing. 16.K.3.a Packet Pg. 2818 Attachment: Lexis Quote (6530 : Amendment to LexisNexis contract to provide online legal research services) Page 1 of 3 Order Form Order ID: Q-00270983 Contact your representative nicholas.c.james@thomsonreuters.com with any questions. Thank you. Account Address Shipping Address Billing Address Account #: 1000425995 Account #: 1000425995 Account #: 1000425995 COLLIER COUNTY ATTORNEY JEFFREY A KLATZKOW 3299 TAMIAMI TRL E STE 800 NAPLES FL, 34112-5749 US COLLIER COUNTY ATTORNEY JEFFREY A KLATZKOW 3299 TAMIAMI TRL E STE 800 NAPLES FL, 34112-5749 US COLLIER COUNTY ATTORNEY JEFFREY A KLATZKOW 3299 TAMIAMI TRL E STE 800 NAPLES FL, 34112-5749 US This Order Form is a legal document between West Publishing Corporation and Subscriber. West Publishing Corporation also mean s “West”, “we” or “our” and Subscriber means “you”, or “I”. Subscription terms, if any, follow the ordering grids below. ProFlex Products See Attachment for details Service Material Product Monthly Charges Minimum Term (Months) Year Over Year Increase During Minimum Term 40757482 WEST PROFLEX $548.80 36 5% Minimum Terms Online/ Practice Solution/Software/ProFlex Products : Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in that calendar month, if any. Your Monthly Charges will continue for the number of complete calend ar months listed in the Minimum Term column above. The percent increases for multi-year orders appear in the Term Increases column above. Subscriber (“you” or “I”) is also responsible for all Excluded Charges. Excluded Charges are for accessing Westlaw data or a Practice Solutions service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. For Window Products: Monthly Charges begin on the date we process your order and will continue for the number of complete calendar months in the Minimum Term column above. The percent increases for multi-year orders appear in the Term Increases column above. Monthly Charges are due regardless of the level of your usage. Transactional usage charges that exceed the Monthly Charges are waived up to the Monthly Window amount stated above. In addition to the Monthly Charges you are responsible for transactional usage charges i n excess of the Monthly Window. Transactional charges are calculated based upon our then-current Schedule A rates. You are also responsible for all Excluded Charges. Excluded Charges are charges for accessing a service that is not included in your subscription. Excluded C harges may change after at least 30 days written or online notice. To apply Window charges to a specific month, the request must be submitted at least five (5) business days prior to the end of the month. Post Minimum Terms For Online/Practice Solutions/Software /ProFlex Products: Your subscription will change to a month-to-month status at the end of the Minimum Term, and your Monthly Charges will increase by 7%. Thereafter, the Monthly Charges will increase 7% every 12 months unless we notify you of a different rate at least 60 days before the annual increase. You are also responsible for all Excluded C harges. Excluded Charges may change after at least 30 days written or online notice. Either of us may cancel the month -to-month subscription by sending at least 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Driv e, P.O. Box 64833, Eagan, MN 55123-1803. Automatic Renewal Term for Window Products. Your subscription will change to a month-to-month status at the end of the Minimum Term and your Monthly Charges will be billed at up to our then -current rate. Thereafter, we may modify the Monthly Charges after at least 30 days notice. The Monthly Window will remain unchanged. Monthly Charges are due regardless of the level of your usage. Transactiona l usage charges that exceed the Monthly Charges are waived up to the Monthly Window. In addition to the Monthly Charges, you are responsible for transactional usage charges in excess of the Monthly Window. Transaction charges are calculated based upon our then -current Schedule A rate. You are also responsible for all Excluded Charges. Excluded Charges may change after 30 days written or online notice. Either of us may cancel the month-to-month subscription by sending at least 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803. To apply Window charges to a specific month, the request must be submitted at least five (5) business days prior to the end o f the month. Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi-year Minimum Term, those additional months will be implemented at your option pursuant to federal law. Miscellaneous Charges, Payments & Taxes. You agree to pay all charges in full within 30 days of the date of invoice. You are responsible for any applicable sales, use, value added tax (VAT), etc. unless you are tax exempt. If you are a non -government subscriber and fail to pay your invoiced char ges, you are responsible for collection costs including attorneys' fees. 16.K.3.b Packet Pg. 2819 Attachment: Westlaw quote (6530 : Amendment to LexisNexis contract to provide online legal research services) Page 2 of 3 Credit Verification. If you are applying for credit as an individual, we may request a consumer credit report to determine your creditworthiness . If we obtain a consumer credit report, you may request the name, address and telephone number of the agency that supplied the credit report. If you are applying for credit on behalf of a business, we may request a current business financial statement from you to consid er your request. Auto Charge Credit Card/Electronic Funds Transfer Election Payment Terms. You may authorize us to automatically charge a credit card, debit card or electronic fund transfer to pay charges due. Contact Customer Service at 1 -800-328-4880 for authorization procedures. If you have previously authorized us to bill a credit card, debit card or make electronic fund transfers for West subscriptions on an ongoing basis, or authorizing the same as part of this order, no further action is needed. Returns and Refunds. You may return a print product to us within 45 days of the original shipment date if you are not completely satisfied. Assured Print Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ePack, WestPack, Westlaw, CLEAR, Monitor Suite, ProView eBook, Software, West LegalEdcenter, Practice Solutions, TREWS and Serengeti charges are not refundable. Please see http://static.legalsolutions.thomsonreuters.com/static/returns-refunds.pdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. Applicable Law. This Order Form will be interpreted under Minnesota state law. Any claim by one of us may be brought in the state or federal courts in Minnesota. If you are a state or local governmental entity, your state’s law will apply and any claim may be brought in the state or federal courts located in your state. If you are a United States Federal Government subscriber, United States federal law wil l apply and any claim may be brought in any federal court. Excluded Charges. If you access services that are not included in your subscription you will be charged our then -current rate (“Excluded Charges”). Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located at the links below. Excluded Charges may change after at least 30 days written or online notice. http://static.legalsolutions.thomsonreuters.com/static/agreement/plan-2-pro-govt-agencies.pdf http://static.legalsolutions.thomsonreuters.com/static/agreement/schedule-a-concourse-case-notebook-hosted.pdf The General Terms and Conditions, apply to all products ordered, except print and is located at http://static.legalsolutions.thomsonreuters.com/static/general-terms-conditions.pdf The General Terms and Conditions for Federal Subscribers are located at http://static.legalsolutions.thomsonreuters.com/static/federal-general- terms-conditions.pdf. In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form is subject to our approval. Banded Product Subscriptions You certify the total number of attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel, and the like), corporate users, personnel or full-time-equivalent students is indicated in the applicable Quantity column. Our pricing for banded products is made in reliance upon your certification. If we learn that the actual n umber is greater, we reserve the right to increase your charges as applicable Product Specific Terms. The following products have specific terms which are incorporated by reference and made part of this Order Form if they apply to your order. They can be found at http://static.legalsolutions.thomsonreuters.com/static/product-specific-terms.pdf . If the product is not part of your order, the product specific terms do not apply. If there is a conflict between product specific terms and th e Order Form, the product specific terms control. Campus Research Contract Express Hosted Practice Solutions ProView eBooks Time and Billing Westlaw Doc & Form Builder West km Software West LegalEdcenter Westlaw Paralegal Westlaw Patron Access Westlaw Public Records Acknowledgement: Order ID: Q-00270983 \si1\ \ti1\ Signature of Authorized Representative for order Title \na1\ \ds1\ Printed Name Date © 2018 West, a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 9/3/2018. 16.K.3.b Packet Pg. 2820 Attachment: Westlaw quote (6530 : Amendment to LexisNexis contract to provide online legal research services) Page 3 of 3 Attachment Order ID: Q-00270983 Contact your representative nicholas.c.james@thomsonreuters.com with any questions. Thank you. Order ID: Q-00270983 Payment, Shipping, and Contact Information Payment Method: Payment Method: Bill to Account Account Number: 1000425995 Shipping Information: Shipping Method: Ground Shipping - U.S. Only Order Confirmation Contact (#28) Contact Name: Jessica Hayes Email: jessicahayes@colliergov.net eBilling Contact Contact Name Email ProFlex Multiple Location Details Account Number Account Name Account Address Action 1000425995 COLLIER COUNTY ATTORNEY 3299 TAMIAMI TRL E STE 800 NAPLES FL, 34112-5749 New ProFlex Product Details Quantity Unit Service Material # Description 10 Attorneys 42077751 Gvt National Primary Core 10 Attorneys 42077868 Gvt State Analytical 10 Attorneys 42031209 Gvt Municipal Analytical for Government (Westlaw PRO™) Account Contacts Contact Name Email Address Customer Type Description Jessica Hayes jessica.hayes@colliercountyfl.gov EML PSWD CONTACT 16.K.3.b Packet Pg. 2821 Attachment: Westlaw quote (6530 : Amendment to LexisNexis contract to provide online legal research services) 16.K.3.c Packet Pg. 2822 Attachment: LexisNexis Amendment 2018 (6530 : Amendment to LexisNexis contract to provide online legal research services) 16.K.3.c Packet Pg. 2823 Attachment: LexisNexis Amendment 2018 (6530 : Amendment to LexisNexis contract to provide online legal research services) 16.K.3.c Packet Pg. 2824 Attachment: LexisNexis Amendment 2018 (6530 : Amendment to LexisNexis contract to provide online legal research services)