Legislation Details

File #: 14354   
Type: Consent Status: Passed
File created: 6/2/2026 Department: Purchasing
On agenda: 6/9/2026 Final action: 6/9/2026
Subject: Contracts for Document Preservation and Digital Workspace Solutions
Attachments: 1. CON-PUR 06-09-26 Document Preservation Cooperative Agreements Kofile, 2. CON-PUR 06-09-26 Document Preservation Cooperative Agreements Konica Minolta, 3. COV-PUR-6-9-26-DOCUMENT PRESERVATION COOPERATIVE AGREEMENTS-KOFILE, 4. COV-PUR-6-9-26-DOCUMENT PRESERVATION COOPERATIVE AGREEMENTS-KONICA MINOLTA BUSINESS SOLUTIONS.pdf

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          June 9, 2026

 

FROM

STEPHENIE SHEA, Acting Director, Purchasing Department

         

SUBJECT                      

Title                     

Contracts for Document Preservation and Digital Workspace Solutions

End

 

RECOMMENDATION(S)

Recommendation

1.                     Authorize participation in Omnia Partners Public Sector Contract No. R241202 between Konica Minolta Business Solutions and Region 4 ESC - TX, including non-standard terms, for document preservation and digital workspace solutions, in an amount not to exceed $10,000,000, for the period of April 7, 2026, through May 31, 2030, with options to extend for five additional one-year terms through June 30, 2032.

2.                     Authorize participation in Omnia Partners Public Sector Contract No. R2310003 between Kofile Technologies, Inc. and Region 4 ESC - TX, including non-standard terms, for document preservation, digital solutions, and records management, in an amount not to exceed $10,000,000, for the period of April 7, 2026 through June 30, 2027, with options to extend for two additional one-year terms through June 30, 2029.

3.                     Authorize the Purchasing Agent to execute any documents necessary to participate in the Omnia Partners Public Sector Contract Nos. R241202 and R2310003, subject to County Counsel review.

4.                     Authorize the Purchasing Agent to exercise options to extend the Omnia Partners Public Sector Contract Nos. R241202 and R2310003, contingent upon extension of the contracts by Region 4 ESC- TX, subject to County Counsel review.

5.                     Direct the Purchasing Agent to transmit any contract extensions to the Clerk of the Board of Supervisors within 30 days following execution.

(Presenter: Stephenie Shea, Acting Director, 387-4811)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Foster Sustainable Development Through Strategic Partnerships.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Various County departments will utilize the services under these contracts on an as-needed basis and the impact to each department’s budget is dependent upon the needs for document preservation and digital workspace solutions.  Adequate appropriation and revenue are included in the departments’ 2025-26 budgets and will be included in future recommended budgets, as needed.

 

BACKGROUND INFORMATION

Approval of this item will authorize County departments to utilize cooperative contracts for document preservation and digital workspace solutions, ensuring the long-term protection of historical records and supporting the transition from physical document storage to secure digital formats.

 

On October 22, 2024 (Item No. 43), the Board approved Agreement No. 24-1004 with Konica Minolta Business Solutions (Konica Minolta) for document restoration and digitization services. While that agreement supports document restoration and scanning, document preservation is a distinct process involving specialized treatment to stabilize, conserve, and protect original records to prevent further deterioration.

 

The Assessor-Recorder-County Clerk (ARC) has identified a need for professional preservation services to protect aging and historically significant County records. Preservation services cannot be performed under the scope of Agreement No. 24-1004.

 

As a result, the Purchasing Department and ARC are recommending participation in the contracts under Recommendation Nos. 1 and 2.  Participation in these contracts will allow County departments to access preservation and digital workspace services on an as-needed basis. These services include document stabilization, restoration, conservation, digitization, and related digital management solutions. Utilizing these services will help ensure that historical documents remain legible, protected, and in good condition, while also supporting operational efficiency by enabling departments to convert physical records to digital formats when appropriate. Transitioning records to digital platforms reduces long-term physical storage needs, enhances accessibility, and supports business continuity and records retention compliance.

 

The contracts include terms that differ from the standard County contract and omit certain County standard contract terms. The non-standard and missing terms include the following:

 

1.                     Payment terms with Konica Minolta and Kofile Technologies, Inc. (Kofile) are Net 30 days.

                     County standard payment terms are Net 60 days.

                     Potential Impact:  County standard processing time is 60 days or more. Failing to pay timely may result in a material breach of the contract, which could allow the vendor to terminate the Agreement and seek other legal remedies.

 

2.                     The contracts do not require Konica Minolta or Kofile to meet the County’s insurance standards as required pursuant to 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 the vendor will be financially responsible for claims that may arise under the contracts which could result in expenses to the County that exceed the total contract amounts.

 

3.                     Governing law in the Konica Minolta contract is the State of Texas.

                     The County standard contract requires California governing law.

                     Potential Impact:  The contracts will be interpreted under Texas law. Any questions, issues or claims arising under these contracts will require the County to hire outside counsel competent to advise on Texas law, which may result in fees that exceed the total contract amounts.

 

4.                     Under the Kofile contract, the maximum liability to the County is limited to the cost paid under the agreement during a twelve-month period.

                     The County standard contract does not include a limitation of liability.

                     Potential Impact:  Kofile caps its liability to the County for all claims arising under the contract, or arising from Kofile’s gross negligence or willful misconduct. Claims could exceed the liability cap and the contract amount leaving the County financially liable for the excess.

 

5.                     Under the Kofile contract, the service “AS IS” and disclaims all warranties of any kind.

                     There is no warranty requirement in the contract with Kofile. The standard contract requires its vendors and service providers to fully warrant the products and services they provide to the County.

                     Potential Impact: The County’s use of the services and/or products is solely at its own risk.

 

Approval of Recommendation No. 3 would allow the Purchasing Agent to execute any documents necessary to participate in the cooperative agreements.  These documents may include order forms and vendor quotes that require signature.  Recommendation No. 4 would allow the Purchasing Agent to approve options to extend the contracts with Konica Minolta and Kofile, respectively, to ensure continuity of services and operational efficiency, while maintaining compliance with County procurement requirements.

 

PROCUREMENT

The Purchasing Department supports these competitive procurements based on the formal solicitations performed by Omnia Partners Public Sector (Omnia). The solicitation processes were reviewed by the Purchasing Department and confirmed to be compliant with procurement standards and County Policy. Omnia is a cooperative purchasing program that helps facilitate procurement and can provide competitive pricing due to its collective purchasing power. The procurement under Omnia consists of a competitive process conducted by a lead agency. The Region 4 Educational Service Center of Texas is assigned as the lead agency for both the Konica Minolta and the Kofile contracts. As a political subdivision, the County is allowed to participate in these cooperative agreements to purchase document preservation, digital workspace solutions, digital solutions, and records management.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on April 14, 2026; Risk Management (Stephanie Mead, Staff Analyst II, 386-8655) on April 21, 2026; Assessor-Recorder-Clerk (Genevieve Preston, Archives Program Administrator, 387-1001) on April 16, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on May 22, 2026; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on May 22, 2026.