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C. 68
To: Board of Supervisors
From: Kristin Connelly, Clerk-Recorder
Date: April  4, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Cancellations and New Contract for Microfilm Storage

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   04/04/2023
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
ABSENT:
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: 925.335.7997
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     April  4, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute contract cancelations for prior overlapping agreements and execute a new contract including modified indemnification with Pacific Storage Company in an amount not to exceed $90,000 to provide climate-controlled storage of microfilm records for the period June 4, 2022 through June 4, 2024.

FISCAL IMPACT:

The total cost will not exceed $90,000, and is associated with the Clerk-Recorder's dedicated micrographics and modernization fund. The agreement would have no impact to general fund monies.


BACKGROUND:

The Clerk-Recorder contracts with Pacific Storage Company to provide secure climate-controlled facilities to accommodate the department's thirteen 2500 lbs. fireproof safes containing microfilm records. Pacific Storage Company stores department records in state of the art facilities, utilizes online inventory systems, and provides responsive customer service. The department selected Pacific Records Storage as the best available option for these services through its established track record. The pricing schedule remains unchanged since the original 2018 agreement.  
  
The original 2018 agreement (contract #48008) with Pacific Storage Company was extended to terminate on June 4, 2024, however that agreement eventually reached its payment limit and could not be amended further due to a clerical error with the contractor's identifying details. Another agreement was executed effective October 1, 2022 (contract #4973000), however this agreement created a lapse in contractual protections for the County from June 4 through September 30, 2022 pending the prior agreement's cancelation. This prompted the proposed new agreement, backdated to June 4, 2022, to correct the previous oversight and maintain continual contractual protections for the County's stored records. The contract has been approved as to legal form. It differs from the County's standard form in that it limits the contractor's liability to capped rates for losses that result from contractor's negligence and does not require the contractor to provide legal defense for the County.

CONSEQUENCE OF NEGATIVE ACTION:

Should the Board not authorize the recommended action, the Department would need to attempt to identify another local and trustworthy provider for climate controlled storage. Costs and liability associated with relocating stored microfilm to a new vendor could be substantial. There would also be the potential for higher rates charged for services, and/or lower quality of services rendered.

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