TULSA COUNTY

______________ BID#: 1014 ~PURCHASING VENDOR#: 17607

CC#: 8300 227 0000DEPARTMENT

DATE: JULY29, 2015

TO: BOARD OF COUNTY COMMISSIONERS

FROM: PURCHA~ NC DIRECTO

SUBJECT: SOLE SOURCE DESIGNATION-PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER)

THE TULSA COUNTY PURCHASING DEPARTMENT AND THE TULSA COUNTY TREASURER’S OFFICERESPECTFULLY REQUESTS THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED“REQUEST FOR WAIVER OF SOLICITING BIDS OR QUOTES” AND SOLE SOURCE DESIGNATION TOPUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER).

PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER)P.O. BOX 71364PHILADELPHIA, PA 19176ATTN: ANNA MARIE GARCIA

PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER) IS THE ONLY FEDERAL AGENCY THAT ISA DIRECT LINK THAT OFFERS ACCESS TO OFFICIAL FEDERAL CASE RECORDS, FEDERAL APPELLATE,DISTRICT AND BANKRUPTCY COURTS AND THE PACER CASE LOCATOR.

THIS REQUEST IS RESPECTFULLY SUBMITTED FOR YOUR APPROVAL.

LRD/sksATTACH MENT

ORIGINAL: PAT KEY, COUNTY CLERK FOR THE AUGUST 3, 2015 AGENDA.

COPIES: COMMISSIONER JOHN M. SMALIGOCOMMISSIONER KAREN KEITHCOMMISSIONER RON PETERSDENNIS SEMLER, TREASURERMICHAEL WILLIS, CHIEF DEPUTYVICKI ADAMS, CHIEF DEPUTY

Form 4363 (Rev. 4-98)

REQUEST FOR WAIVER OF SOLICITING BIDS OR QUOTES

DATE: JULY 29. 2015

TO THE BOARD OF COUNTY COMMISSIONERS

It is recommended that soliciting bids/quotes be waived on the following request ofTULSA COUNTY TREASURER’S OFFICE for the reason(s) stated below:

REQUESTING DEPARTMENT

URCHAS NG DIRECTOR

LINDA R. DORRELLI Emergency

Sole manufacturer (must be documented).

• Sole supplier (must be documented).

I Other products of similar nature are incompatible with existing products.

I Purchase of similar products will adversely affect warranty, guarantee orservice agreement on existing products.

Description:

PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER) IS THE ONLY FEDERAL AGENCYTHAT IS A DIRECT LINK THAT OFFERS ACCESS TO OFFICIAL FEDERAL CASE RECORDS,FEDERAL APPELLATE, DISTRICT AND BANKRUPTCY COURTS AND THE PACER CASE LOCATOR.

PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER)P.O. BOX 71364PHILADELPHIA, PA 19176ATTN: ANNA MARIE GARCIA

(800) 676-6856 PHONE(201) 536-5402 PHONE(210) 301-6441 FAX

I Waiver of bidding or quoting process is approve

I Waiver of bidding or quoting is not justified.Standard bidding or quoting will be followed.

CHAIRMAN, BOARD OF COUNTY COMMISSIONERS

DATE

Fom, I8~O(R~ 1244)

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PA ER~ PUBLIC ~CCK$ss’m count EI,RCtgoyic RECORDS

To: Tulsa County Purchasing DepartmentAttention: Susan K. Sutterfield

From: Anna Marie Garcia, Chief, PACER Support Branch

Subject: PACER Service Center- Source for Official Court Records

Date: July 8, 2015

Public Access to Court Electronic Records (PACER) is an electronic public access serviothat allows users to obtain case and docket information online from federal appellate,district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by thFederal Judiciary in keeping with its commitment to providing public access to courtinformation via a centralized service, The service is developed by the AdministrativeOffice of the United States Courts and is maintained by the Court Services Office,Programs Division, which manages the electronic public access program for the FederaJudiciary. The mission of the program is to facilitate and improve electronic publicaccess to court information at a reasonable cost, in accordance with legislative andJudiciary policies, security requirements, and user demands. The Programs Divisionmanages the development and maintenance of electronic public access systems in theJudiciary and, through the PACER Service Center, provides centralized billing,registration, and technical support services for the Judiciary and the public. PACER isthe source for official Federal Court records,

As mandated by Congress, the program is funded entirely through user fees set by theJudicial Conference. The fees are published in the Electronic Public Access FeeSchedule. Please see the included fee schedule. If you have any questions, please calme at 210-536-5402. Thank you for your interest in PACER.

Thank you,

Anna Marie GarciaChief, PACER Support BranchSystems Deployment and Support OfficeAdministrative Office of the U.S. Courts210-301-6429ann~..garcia©psc.uscour~s,gov

FAX TRANSMITTAL

U.S. Courts — PACER P.O. Box 71364 Philadelphia, PA 19176

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Electronic Public Access Fee Schedule(Js~cutidin aco,~zrn~ ;#ith 28 U~SX~ ~1 1913, 1914, 1926’. 19,30, 1932,)

Eff~tivc Dcc~mber 1,2013

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The fees included in the Electronic Public Access Fee Schedule arc to be charged for providingelectronic public access to court records.

Pees for Puj~ic Accq~s to Cautt.Ekctronic Records (RACER)

(1) Except as provided below, for electronic access to any case document, docket sheet, or casespecific report via PACER: $0.10 per page, nor to exceed the fee for thirty pages.

(2) For electronic access to transcripts and non-case specific reports via PACER (such as reportsobtained from the PACER Case Locator or docket activity reports): $0.10 per page.

(3) For electronic access to an audio file of a court hearing via PACER: $2.40 per audio (lie.

Fees for Courthouse Electronic Access

(4) For printing copies of any record or document accessed electronically at a public terminal incourthousc~ $0.10 per page.

P&CERStrvicc Ccnrer&es

(5) For every search of court records conducted by the PACER Service Center; $50 per name oritem searched.

(6) For die PACER Service Center to reproduce on paper any record pertaining to n PACERaccount, if this information is remotely available through electronic access: $050 per page.

(7) For any payment returned or denied for insufficient funds; $5Z.

Free Acqess and Exemptions

(8) Automatic Fee Exemptions

• No fee is owed for electronic accc~ to eoure data o,~ audio files via PACER until an accountholder accrues charges ofniore than $15.00 in a quarterly billing cycle.

• Parties in a case (indudingpro .w litigants) and attorneys of record receive one free electroniccopy, via the notice of electronic filing or notice of docket activity, of all documents filedelectronically, if receipt is required by law or directed by the flier.

• No fee is charged for access to judicial opinions.

• No fee is charged for viewing case information or documents at courthouse public accessterminals.

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(9) Discretionary Fee Exempdons~

• Courts may exempt certan persons or classeS olpersons from payment of the user accessfee, Examples ofincUviduals and groups that a court may consider exempting include:radigents, bankruptcy case trustees, pm bone attorneys, pm bone alternative dispute resolutionneutrals, SectiOn 501 (c)(3) not-for-profit organizations, arid individual researchers associatedwith educational institutions. Courts should not, however, exempt individuals or groups thathave the ability to pay the statutorily established access fee. Examples of individuals andgroups that a court should not exempt include: local, state or federal government agencies,members of the media, privately paid attorneys or othcrs who have the ability to pay the fee.

• In considering granting an ccenipdon, courts must Lied:

o that those seeking an exemption have demonstrated chat an exemption is necessary inorder to avoid unreasonable burdens and to promote public access to information;

o that individual researchers requesting an exemption havc shown that the definedresearch project is intended for scholarly research, that it is Limited in scope, and that it isnot intended for redistribution on the internet or (OX commerthil purposes.

• If the court grants an exemption:

o the user zceeiving the exemption must agree not to sell the data obtained as a result, andmust not transfer any dan obtained as the result of a fcc exemption, unless expresslyauthorired by the couru and

o the exemption should be granted for a definite period of time, should be limited inscope, and may be revoked at the discretion of the court granting the exemption.

• Courts may provide local court information at no cost (e.g., local rules, court forms, newsitems, court calendars, and other information) to benefit the public.

ApplicabUi~ to the United States and State and J..ocal, Govemrncmts

(10) Unless otherwise authorized l.,~r thejudieial Conference, these fees must be charged to theUnited States, except to federal agencies or programs that are funded &om judiciaryappropriations (including, but not Limited to, agencies, organizations, and individuals providingservices authorized by the Criminal justice Act [16 U.S.C. ~ 3006A], and bankruptcyadministrators).

(11) The &e for printing copies of any record or document accessed electronically at a publicterminal (10.10 pet page) described in (4) above does not apply to services rendered on behalfof the United States if the record requested is not remotely available through electronic access.

(12) The fee For local, state, and I deral government entities4 shall be SO~08 per page until April 1,2015. after which time, the Fee shall be $0.10 per page.

I 1

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Judicial Conference Policy Notes

The Electronic Public Access (EPA) lee and its exemptions are directly rdated to the requirementthat the judiciary charge user-based fccs for the development and maintenance of electronic public~eess services. The fee schedule provides examples of users that may not be able to affordreasonable user fees (such as indigents, bankruptcy case trustees, individual rescarchers associatedwith educational instimdons, 501 (c)(3) not-for-profit organizations, and court-appointed pro boneattorneys), 6w requires those seeking an exemption to demonstrate that an exemption is limited inscope and is necessary in order to avoid an unreasonable burden. In addition, the ice scheduleincludes examples of other entities that courts should not exempt from the fee (such as local, stateor federal government agencies, members of the media, and attorneys). The goal is to provide courtswith guidance in evaluating a requestor’s ability to pay the ice.

J udiciai. Conference policy also limits exemptions in ocher ways. First, it rcquires exempted users toagree nor to sell the data they receive through an exemption (unless expressly authorized by thecourt), This prohibition is not intended to bar a quote or rcfcrcncc to information received as aresult of a fee exemption in a. schoL’trly or other similar work. Second, it permits courts to grantexemptions fox a deñnite period of time, to limit the scope of the exemptions, and to revokeexemptions. Third, it cautions that exemptions should be granted as the exception, not the rule, andprohibits courts from exempting all users from EPA fees.