Title
a. Approve and authorize a non-standard agreement in the amount of $165,000 between the County of Monterey, by and through the County of Monterey Treasurer-Tax Collector’s Revenue Division, and RELX, dba LexisNexis, which specifies Accurint for Government Transactional Debtor Location and Research Services and Batch File Services to be performed under the terms of the State of California negotiated Standard Agreement No. 5-23-70-40-01, for the period of January 1, 2024 through December 31, 2026; and
b. Authorize the County of Monterey Treasurer-Tax Collector to sign the non-standard agreement for Accurint for Government Transactional Debtor Location and Research Service and Batch File Services with LexisNexis; and
c. Authorize County of Monterey Treasurer-Tax Collector to extend the agreement for up to one 12-month contract extension, where the Amendment does not exceed an annual amount of $45,000 of the Agreement amount and does not significantly change the scope of work, and the total amount of the agreement does not exceed a total amount of $165,000.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize a non-standard agreement in the amount of $165,000 between the County of Monterey, by and through the County of Monterey Treasurer-Tax Collector’s Revenue Division, and RELX, dba LexisNexis, which specifies Accurint for Government Transactional Debtor Location and Research Services and Batch File Services to be performed under the terms of the State of California negotiated Standard Agreement No. 5-23-70-40-01, for the period of January 1, 2024 through December 31, 2026; and
b. Authorize the County of Monterey Treasurer-Tax Collector to sign the non-standard agreement for Accurint for Government Transactional Debtor Location and Research Service and Batch File Services with LexisNexis; and
c. Authorize County of Monterey Treasurer-Tax Collector to extend the agreement for up to one 12-month contract extension, where the Amendment does not exceed an annual amount of $45,000 of the Agreement amount and does not significant change the scope of work, and the total amount of the agreement does not exceed a total amount of $165,000.
SUMMARY/DISCUSSION:
The County of Monterey Treasurer-Tax Collector conducts research for the collection of court ordered debt, through the use of LexisNexis for Transactional Services and Batch File Services. This online service provides the Revenue Division the ability to research, locate and update debtor contact information.
On October 21, 2010, the Treasurer-Tax Collector entered into a non-standard agreement with LexisNexis for transactional services for the Revenue Division for a 12-month term beginning July 1, 2010, which automatically renewed under the same terms and conditions.
On December 1, 2019, the Treasurer-Tax Collector entered into a non-standard master agreement utilizing the State master agreement for the provision of electronic research, proprietary legal research, information, and new databases, and print products. This master agreement provided a better product at a lower cost however this agreement conclude on December 31, 2022.
On January 1, 2023, the Treasurer-Tax Collector entered into a non-standard master agreement utilizing the State master agreement for the provision of electronic research, proprietary legal research, information, new databases, and print products. This master agreement provided a better product at a lower cost however this agreement concludes on December 31, 2023.
The Treasurer-Tax Collector now wishes to enter into a new contract utilizing the State master agreement for the period of January 1, 2024, through December 31, 2026, at an agreement amount not to exceed $165,000 and allows Treasurer-Tax Collector to extend the agreement for up to one 12-month contract extension, where the Amendment does not exceed an annual amount of $45,000. Obtaining the services pursuant to the master agreement will permit the County continued online access for the research and updating of debtor information to assist with the process of debt collection services. The terms of the State Master Agreement and the LexisNexis documents for these services contain non-standard terms and conditions so that the agreement and further extensions cannot be executed without Board approval.
It is the recommendation of the Treasurer-Tax Collector that the Agreement documents listed as Attachments be approved and the services obtained notwithstanding the non-standard terms as a business necessity and because they are industry standard and similar to the terms of the existing agreement which has not resulted in any issues to date.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed the LexisNexis Master Terms & Conditions and is not able to approve it due to the existence of non-standard terms, including but not limited to ‘as-is’ provisions, lack of insurance, no warrant, lack of indemnity, and terms subject to vendor’s unilateral ability to modify terms and conditions including but not limited to pricing.
FINANCING:
Approval of the agreement has no additional impact on the County’s General Fund or current County budget. The Treasurer-Tax Collector’s Revenue Division offsets related expenses through the collection of Court Ordered Debt. The agreement in the amount not to exceed $165,000 will fund services during the period of January 1, 2024, through December 31, 2026, and allow Treasurer-Tax Collector to extend the agreement for up to one 12-month contract extension, where the Amendment does not exceed an annual amount of $45,000 based on the LexisNexis Schedule A - Revenue - Transactional and Batch Services, which is part of the agreement.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The request to enter into this agreement supports the County’s Administration policy because it allows the department to operate in an efficient and cost-effective manner by having reliable access to debtor research and location services.
__Economic Development
_üAdministration
__Health & Human Services
__Infrastructure
__Public Safety
Prepared by: Sacramento Villicana, Finance Systems Manager, x5436
Approved by: Mary A. Zeeb, Treasurer-Tax Collector, x5474
Attachments:
Exhibit A - State of California Standard Agreement 5-23-70-40-01
Exhibit B - Schedule A Revenue Transactional and Batch Services