Title
a. Approve and authorize the County Clerk/Recorder or their designee to execute a non-standard agreement with Kofile Technologies, Inc. (Kofile), for the microfilming of recorded documents and maps, for a one (1) year term of July 1, 2025 through and including June 30, 2026 in an amount not to exceed $12,872; 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 four (4) future one (1) year amendments to the Agreement, with the same scope of services and the same non-standard language provisions, for a total aggregate contract amount of not to exceed $79,000.
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. (Kofile), for the microfilming of recorded documents and maps, for a one (1) year term of July 1, 2025 through and including June 30, 2026 in an amount not to exceed $12,872; 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 four (4) future one (1) year amendments to the Agreement, with the same scope of services and the same non-standard language provisions, for a total aggregate contract amount of not to exceed $79,000.
SUMMARY/DISCUSSION:
Per Government Code section 12168.7(h), “the Secretary of State shall ensure that microfilming, electronic data imaging, and photographic reproduction are done in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute for recording of public records or any other applicable and comparable industry standard.”
The proposed agreement contains non-standard indemnification provisions; however, the Recorder’s office has utilized Kofile Technologies, Inc. (previously PFA, Inc.) for the microfilming of its documents since 2017 without incident.
The term of the agreement as identified in the attached Exhibit A shall be for July 1, 2025 through June 30, 2026. The total financial liability to the County for July 1, 2025 to June 30, 2026 pursuant to the terms of this Agreement shall not exceed $12,872. The total aggregate contract amount shall not exceed $79,000.
The County Clerk/Recorder requests that the Board approve this agreement to continue the existing between Kofile Technologies, Inc and the County Clerk/Recorder’s Office. Future amendments/extensions will permit seamless additional years of service, if appropriate, at a reasonable rate.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed the agreement and approves to form upon client acceptance of
the non-standard terms. County Risk Management cannot approve the agreement due to the non-standard liability provisions.
FINANCING:
There is no additional cost to the County General Fund, as the funds are available in the County
Clerk/Recorder’s Microfilm Fund (027-2740-ACR003). Per Government Code 27361.4 (a) the
Recorder may collect one dollar ($1.00) for every recorded document to defray the cost of
microfilming recorded documents. Funds for payment of this agreement have been included in the County Clerk/Recorder (027-2740-ACR003) FY 2025-2026 Requested Budget. Transactions relating to future fiscal years will be included in each respective Requested Budget.
There is no additional financial impact to the General Fund.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The services rendered in this agreement provide the County Clerk/Recorder with the additional support it needs to provide reliable and high-quality services to the residents of Monterey County.
Mark a check to the related Board of Supervisors Strategic Initiatives:
___Economic Development
_x_Administration
___Health & Human Services
___Infrastructure
___Public Safety
Prepared by: Chihiro Marie Tabata, Management Analyst, ext x6607
Approved by: Xochitl Marina Camacho, Assessor County Clerk/Recorder, ext x5874
Attachments:
Proposed Service Agreement
Attachment A: Scope of Services and Payment Provisions
Attachment B: Language Revision to Non-Standard Service Agreement