Title
a. Approve and authorize the County Clerk-Recorder or their designee to execute a non-standard agreement with Kofile Technologies, Inc., for the preservation and conservation of the County Clerk-Recorder’s index books, for a one (1) year term of July 1, 2026 through and including June 30, 2027 in an amount not to exceed $354,264; and
b. Accept non-standard language in the agreement provided by the vendor as recommended by the County Clerk-Recorder; and
c. Approve and authorize the County Clerk-Recorder or their designee to sign up to three amendments to the Agreement that do not exceed 10% ($35,427) with similar non-standard language provisions, that do not significantly alter the scope of work, for a total aggregate contract amount of not to exceed $389,691.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the County Clerk-Recorder or their designee to execute a non-standard agreement with Kofile Technologies, Inc., for the preservation and conservation of the County Clerk-Recorder’s index books, for a one (1) year term of July 1, 2026 through and including June 30, 2027 in an amount not to exceed $354,264; and
b. Accept non-standard language in the agreement provided by the vendor as recommended by the County Clerk-Recorder; and
c. Approve and authorize the County Clerk-Recorder or their designee to sign up to three amendments to the Agreement that do not exceed 10% ($35,427) with similar non-standard language provisions, that do not significantly alter the scope of work, for a total aggregate contract amount of not to exceed $389,691.
SUMMARY:
Since 2014, the Recorder’s Office has worked with Kofile Technologies, Inc. to restore the department’s books dating back to the 1800’s per Government Code section 27231 to ensure that these records are preserved for the future. The County Clerk-Recorder requests that the Board approve the proposed renewal of this service agreement, including the non-standard provisions, between Kofile Technologies, Inc. and the County of Monterey Recorder’s office due to business necessity for a one-year term of July 1, 2026 through and including June 30, 2027.
DISCUSSION:
Per Government Code section 27231, “the Recorder has the custody of, and shall keep all books, records, maps, and papers deposited in his office.” The department books date back to the 1800’s and for over a hundred years, wood pulp paper was used for record keeping which is extremely acidic and unstable. In 2014, the Board approved the County Clerk-Recorder to embark on the restoration of the department record books and maps with Kofile Technologies, Inc. In 2017, the Grand Jury recommended that the Recorder’s office begin restoring maps. Therefore, the County Clerk-Recorder’s office is asking the Board of Supervisors to approve continuing with the preservation project with the restoration of index books.
The proposed agreement contains non-standard indemnification and liability provisions. These non-standard provisions are an industry-wide accepted standard although not County standard.
The term of the agreement as identified shall be for July 1, 2026 through and including June 30, 2027 in an amount not to exceed $354.264.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
County Counsel has reviewed the agreement and approves to form upon client acceptance of non-standard terms. County Risk Management cannot approve the agreement due to the presence of non-standard indemnity and liability provisions.
FINANCING:
Funds for payment of this agreement have been included in the Assessor’s FY 2026-2027 Requested Budget from the Modernization Fund (027-2730-ACR003).
Government Code section 27361(c) provides that a specified portion of recording fees, retained in Restricted Revenue Fund (027-2730-ACR003) be available solely to “support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents.”
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This recommendation supports the key objective of administration and will provide the County Clerk/Recorder with the additional support it needs to provide reliable and high-quality services to the residents of Monterey County.
____ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
__X_ Administrative
Link to the Strategic Plan:
https://www.countyofmonterey.gov/home/showdocument?id=139569
Prepared by: Chihiro Tabata, Management Analyst, ext. 6607
Approved by: Xochitl Marina Camacho, Assessor, County Clerk Recorder, ext. 5874
Attachments:
Proposed Agreement
Exhibit A: Scope of Services and Payment Provisions
Exhibit B: Language Revisions to Non-Standard Service Agreement