REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 18, 2025
FROM
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Addendum to Contract with LexisNexis, a division of RELX Inc., for Add-On to Software Subscription
End
RECOMMENDATION(S)
Recommendation
1. Approve the following addendum and associated agreements to Contract No. 4400029060 with LexisNexis, a division of RELX Inc., including non-standard terms, for conducting legal research and evaluating case law, adding the Lexis Create software feature, with no change to the contract amount of $39,876, or contract term of September 1, 2025 through August 31, 2030:
a. Lexis Create Addendum
b. Data Processing Addendum
c. Privacy policy
d. End User License Agreement
2. Authorize the Purchasing Agent to sign the Lexis Create Addendum in Recommendation No. 1.a., and any subsequent non-substantive updates to Contract No. 4400029060, subject to review by County Counsel.
3. Direct the Chief Probation Officer or Assistant Chief Probation Officer to transmit the addendum and associated agreements in Recommendation No. 1, and any subsequent non-substantive amendments to Contract No. 4400029060 to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Tracy Reece, Chief Probation Officer, 387-5692)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The LexisNexis, a division of RELX Inc. (LexisNexis) contract costs are estimated at $39,876 for the contract term period of September 1, 2025 through August 31, 2030 funded with existing ongoing Proposition 172 funds. The addendum to add the Lexis Create Microsoft plugin will result in no additional costs. Adequate appropriation has been included in the Probation Department’s (Department) 2025-26 budget, and will be included in future recommended budgets.
BACKGROUND INFORMATION
On July 30, 2025, in accordance with County Policies 11-05 and 11-05 SP1, the Purchasing Department executed Contract 4400029060 with LexisNexis in the amount of $39,876, for the contract term period of September 1, 2025 through August 31, 2030, including non-standard terms, for a five-year subscription agreement. The Contract is for LexisNexis’ proprietary program designed to provide research capabilities for the Department to conduct legal research and evaluate case law. It includes non-transferable licenses to access and use the California National Government Package, Criminal Law Library, and the materials available therein, used by the Department as a tool to ensure the Department’s policies and procedures align with regulations and best practices to reduce liability.
The addendum adds Lexis Create, a Microsoft plugin, to operate the subscription’s Artificial Intelligence (AI) features with no changes to the contract price or term. The addendum includes free products, downloads, and tools, through Microsoft App Source, for software access to generative AI features, all in a single, integrated workflow with Microsoft applications.
The proposed addenda and associated agreements for Lexis Create, include terms that differ from the standard County contract, and under current County policies, require approval by the Board of Supervisors. The non-standard terms for Lexis Create Addendum, Data Processing Addendum, Privacy Policy and End User License Agreement (EULA) (collectively, Contract) include the following:
1. The Contract does not require LexisNexis to indemnify the County, as required by County Policies 11-05 and 11-07, including for intellectual property infringement claims.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: LexisNexis is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from LexisNexis’ negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of LexisNexis’ software or services, the County may be solely liable for the cost of defense and damages, which could exceed the total Contract amount. County Counsel cannot advise on whether and to what extent English Law may allow the County to require LexisNexis to defend or indemnify it absent an express provision in the Contract.
2. The Contract does not require LexisNexis to meet the County’s insurance standards as required by County Policies 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that LexisNexis will be financially responsible for claims that may arise under the Contract, which could result in expenses to the County that exceed the total Contract amount.
The EULA includes additional non-standard terms as follows:
1. Venue for disputes arising under the EULA is in the courts of England and Wales.
• County Policy 11-05 requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Having a venue in the courts of England and Wales may result in additional expenses that exceed the amount of the EULA.
2. Governing law under the EULA is English law.
• The County standard contract requires California governing law.
• Potential Impact: The EULA will be interpreted under English law. Any questions, issues or claims arising under this EULA will require the County to hire outside counsel competent to advise on English law, which may result in fees that exceed the total EULA.
3. LexisNexis’s maximum liability to the County is limited to supplying the software again or paying for the re-supply and in no event will liability for any loss or damage exceed price of the software paid in the preceding 12 months.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Claims could exceed the liability cap and the EULA amount, leaving the County financially liable for the excess. County Counsel cannot advise on, whether and to what extent, English law may limit or expand the exclusion of limits to the extent prohibited by applicable law.
4. The County cannot disclose to any third-party details of the EULA without the prior written consent of LexisNexis.
• The County standard contract does not require written consent.
• Potential Impact: The County will need to be aware of its obligation to notify LexisNexis prior to any disclosure, including in response to a Public Records Act request. Further, the County is obligated to obtain written consent from LexisNexis prior to disclosure under a Public Records Act request, which could create a conflict of interest between the County’s compliance obligations under the law and its contractual obligations to LexisNexis. In addition, the County’s assistance is at the County’s own expense, which could exceed the EULA amount.
The Department recommends approval of the addendum with LexisNexis, including the non-standard terms, to ensure that the Department has continued and enhanced access to software that helps the Department ensure its policies and procedures align with regulations and best practices to reduce liability.
LexisNexis provides proprietary software for legal research and case law evaluations that specifically provide in-depth legal content and analysis needed for research and case law evaluations that meet Department needs.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Maria Insixiengmay, Deputy County Counsel, 387-5455) on September 30, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2065) on October 22, 2025; Risk Management (Stephanie Pacheco, Staff Analyst, 386-9039) on October 28, 2025; and County Finance and Administration (Iliana, Rodriguez, Administrative Analyst, 387-4205) on October 29, 2025.