HomeMy WebLinkAboutStaff Report 14407 (2)
City of Palo Alto (ID # 14407)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Contract Amendment Number 3 to Contract Number
C16166822 with ARC Document Solutions for Copiers/Printers to Extend the
Term of the Contract for Three Additional Years and to Decrease the Annual
Amount by $102,068 to $306,000 Per Year and a Total Contract Not to Exceed
amount of $2,835,340
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends the City Council approve and authorize the City Manager or their designee to
execute Contract Amendment No. 3 to Contract No. C16166822 (Attachment A) with ARC
Document Solutions (ARC) for managed print services to:
1) Extend the term of the contract for three additional years from June 30, 2022 to June
30, 2025, and
2) Decrease the annual not-to-exceed amount from $408,068 to $306,000 per year, for a
new contract total not-to exceed amount of $2,835,340.
Background
The City of Palo Alto uses multifunctional copier, printer, fax and scanner machines and related
maintenance services citywide provided by ARC in a five-year contract established in 2016 (CMR
ID #70461), with a not to exceed value of $1.7 million over the five-year term. This contract was
entered into in place of an expired Toshiba copier lease agreement. The ARC contract
implemented new multifunctional machines under a managed print services model providing
standard copy and scanning functions and link via the cloud to the ARC document storage
platform. The new machines replaced the City’s prior fleet of standard office copiers. Staff
evaluated options from several service providers through cooperative pricing arrangements and
determined that ARC offered the best combination of price and features. Offerings from ARC,
Cannon, EIS-Xerox, Toshiba, Ricoh, Sharp and CTKonica, KBA-Kyocera and Ricoh were reviewed
during this process.
1 11/14/2016 City Council, Managed Print Services Contract with ARC;
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2016/7046.pdf
City of Palo Alto Page 2
The City of Palo Alto prints its own utility bills for all utility customers, approximately 350,000
paper bills annually. Under the 2016 ARC contract, ARC was able to test and deploy new bill
printing machines and include them in the citywide contract. This allowed the City to
consolidate printing activities to a single contract instead of maintaining standalone printers
including specific toner supply for those units. In addition to the new ARC units brought on for
utility bill printing, ARC machines were also added in department locations throughout the City
that previously had aging standalone network printers. All ARC units are serviced regularly by
ARC, including replacing toner cartridges and stocking with paper; these costs are rolled into
the per-click charge model operating by ARC.
Discussion
Amendment #3 seeks to increase the legth of the current contract with ARC and lower the total
compensation of the contract. As a result in changes in business costs, the City’s annual spend
with ARC has adjusted from $408,000 on average to $306,000. The cost reduction is due in
part to continued conversion from paper-based processes to paperless processes. The primary
catalyst, however, is the significant change in business processes as a result of the pandemic.
As a volume-based contract price, the reduction in activity has resulted in lower annual costs by
approximately $100,000.
The additional length of time is requested without an increase in annual compensation due to
the significant savings realized during the pandemic. Due to staffing limitations and turnover,
staff have been unable to complete a new procurement process. The additional three years,
without an increase in costs to the City, will allow the Department to review the market place
and complete a proper procurement process.
Resource Impact
The annual not-to-exceed amount decreased from $408,068 to $306,000 per year, for a new
contract total not-to exceed amount of $2,835,340 from the current not-to-exceed amount of
$1,917,340. The decrease in annual cost will be allocated to City departments based on recent
historical experience, and primarily will be seen across operating departments and the services
for Utility billing. The actual costs will vary depending on printing quantity, color versus black
and white, utility bill content and inserts.
Funding for the existing ARC contract is available in the Fiscal Year 2023 Adopted Operating
Budget in the Printing and Mail Internal Service Fund. Funding for future fiscal years is subject
to City Council approval through the annual budget process.
Environmental Review
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
Attachments:
• Attachment A: ARC Document Solutions Contract; C16166822, Amendment No. 3
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AMENDMENT NO. 3 TO CONTRACT NO. C16166822
BETWEEN THE CITY OF PALO ALTO AND
ARC DOCUMENT SOLUTIONS
This Amendment No. 3 (this “Amendment”) to Contract No.C16166822 (the “Contract” as
defined below) is entered into as of September 19, 2022, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and ARC DOCUMENT SOLUTIONS, a Texas
limited liability company, located at 2430 Mariner Square Loop, Suite A, Alameda, California,
94501, Telephone Number: (415) 495-2542 (“CONSULTANT”). CITY and CONSULTANT are referred
to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of Copier Equipment, Software, and Services, as detailed therein, with an annual
not-to-exceed amount of $367,068 for 5 years for a not-to-exceed amount of $1,835,340.
B. The Parties amended the Contract via Amendment No. 1 to increase the annual not-
to-exceed amount from $367,068 to $408,068 for contract years 4 and 5 in order to cover higher-
than-anticipated use of the Services during certain months of the year, and thereby increasing the
not-to-exceed amount of the Contract from $1,835,340 to $1,917,340.
C. The Parties amended the Contract via Amendment No. 2 to extend the term of the
Contract by 6 months, from December 31, 2021 to June 30, 2022.
D. The Parties now wish to amend the Contract in order to extend the term of the
Contract for three additional years from June 30, 2022 to June 30, 2025, and to decrease the
annual not-to-exceed amount from $408,068 to $306,000 per year, for a new Contract total not-to-
exceed amount of $2,835,340, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C16166822
between CONSULTANT and CITY, dated December 1, 2017, as amended by:
Amendment No.1, dated December 10, 2018
Amendment No.2, dated February 7, 2022
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
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SECTION 2. Section 2, “EXHIBITS,” of the Contract is hereby amended to read as follows:
“2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” – Scope of Services
“A-1” – Exhibits
“B” – Schedule of Performance
“C” – Schedule of Fees
“D” – Insurance Requirements
“E” – IT Security Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.”
SECTION 3. Section 3, “TERM,” of the Contract is hereby amended to read as follows:
“3. TERM. The term of this Agreement is from 12/01/2016 to 06/30/2025 inclusive, subject to the
provisions of Sections R and W of the General Terms and Conditions. The Term of this Agreement
shall be for (102) one hundred two months (“Term”), beginning on the date of installation.
Thereafter, the term of this Agreement shall be renewed only upon mutual agreement, unless
otherwise terminated by either party.”
SECTION 4. Section 5, “COMPENSATION FOR ORIGINAL TERM,” of the Contract is hereby
amended to read as follows:
“5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONSULTANT agrees to accept as
not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if
any:
Not to exceed a maximum annual sum in Year 1, Year 2, and Year 3 of three
hundred sixty seven thousand sixty eight dollars ($367,068), in Year 4 and Year 5 of
four hundred eight thousand sixty eight dollars ($408,068), and in Year 6, Year 7,
and Year 8 of three hundred six thousand dollars ($306,000), for a total not-to-
exceed maximum compensation amount of the Agreement of two million eight
hundred thirty five thousand three hundred forty dollars ($2,835,340).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total
maximum compensation set forth above. Any hours worked or services performed by
CONTRACTOR for which payment would result in a total exceeding the maximum amount of
compensation set forth above for performance of the Services shall be at no cost to CITY.”
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SECTION 5. The following exhibits to the Contract are hereby amended or added, as
indicated below, to read as set forth in the attachments to this Amendment, which are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “A-1” entitled “EQUIPMENT”,AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “SCHEDULE OF FEES”, AMENDED, REPLACES PREVIOUS.
SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
ARC DOCUMENT SOLUTIONS
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
EXHIBIT A: SCOPE OF SERVICES (AMENDED, REPLACES PREVIOUS)
EXHIBIT A-1: EQUIPMENT (AMENDED, REPLACES PREVIOUS)
EXHIBIT C: SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS)
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VP of Operations
Rick Ferry
Regional Vice President
Tyler Kuruneru
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EXHIBIT A
SCOPE OF SERVICES
(AMENDED, REPLACES PREVIOUS)
SUMMARY
ARC Document Solutions, LLC (“ARC”) will provide the Equipment, Software, and Services
outlined in Exhibit A-1 (Equipment) of this Agreement.
IMPLEMENTATION: ARC shall plan and coordinate with the CITY of Palo Alto (“CITY”) a phased
in implementation process of agreed to brand(s) and models of multi-functional printers, any
other equipment (scanners), and the Abacus Managed Print Services (MPS) software. ARC’s
implementation process shall include assessment of each implementing CITY department’s
business work processes. The implementation shall also provide adequate MPS and equipment
use training. The implementation process shall adequately assist the CITY in maximizing its use
of the managed print services technology and the equipment technology, both of which allow
the CITY’s to print less and increase use of the CITY’s electronic document management
practices. The implementation schedule can be found in Exhibit B (Schedule of Performance) of
this Agreement.
SERVICE LEVEL: During the Term, ARC shall provide onsite service and/or remote service (when
access is allowed by CITY) during normal business hours (“Services”). Diagnosis will be
performed within a 4-8 hour time-frame and resolution, when feasible within 48 hours.
ONGOING SUPPORT, INSTALLATION, RELOCATIONS & REINSTALLATIONS: ARC and CITY agree
to meet, as needed, to discuss service, volume, and/or new technologies. CITY agrees the
Equipment shall not be relocated without the prior written approval of ARC. Relocation and
software re-installation fees will be assessed at the time of the request at $150.00 per hour.
CITY agrees not to allow any sub-tenants with additional networks to use or access ARC
Equipment without the prior approval of ARC.
CITY may option to have ARC change out the brand and/or model of equipment at any one or
more locations. If the CITY places three (3) service calls on any given Multifunctional Device
(MFD) copier within a month, ARC will escalate to the equipment manufacturer. If the MFD
copier has not been fixed and the issue(s) still persists within ninety (90) days, a like for like
copier equipment (L4L) will be rendered. CITY is advised by ARC to limit equipment variety
wherever possible in order to sustain end user consistency of equipment use within the MPS
environment. CITY may option to have ARC replace any equipment at any location that is found
to be deficient in performance. CITY may at any time exercise its option to have ARC remove
any of the equipment ARC provides at any location without penalty or cost to the CITY.
PAPER SUPPLY: Included as part of the service, ARC will supply copier/printer paper in the
type/grade required by the city. ARC will be remotely monitoring paper usage, toner usage,
and all equipment activity, in an effort to maintain 100% uptime performance. Paper will be
automatically delivered to the various departments where equipment is located, based on the
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appropriately monitored usage levels of each equipment unit. This means the intervals and
amounts of cases of paper shipped will vary by location based on usage rates in each location.
ONSITE SUPPORT: CONSULTANT to Provide One (1) Part-Time Onsite Employee to replace
paper and toner at all scheduled locations.
HARD‐DRIVE SECURITY PROCEDURES for multi‐function devices at ARC MPS Locations:
Removal of existing customer data and information from a machine’s hard disk drive at
replacement or return at end of term:
For Xerox Workcentre devices: Jobs may be written to nonvolatile memory (e.g. to a hard
drive) during processing. Generally, when a job finishes, this data is deleted, but may still be
recoverable using forensic tools. Image overwrite is effective at eliminating this job data from
the hard drive once the data is no longer needed. Xerox also scrambles the data with the user
data encryption feature. This further protects data at rest from unauthorized access.
Countermeasures are built into products to reduce this risk. ARC will be enabling the following
features upon deployment:
• Immediate Job Overwrite or Immediate Image Overwrite is a feature that deletes and
overwrites (with a specific data pattern) disk sectors that temporarily contained electronic
image data. Products that use hard disk drives to store job data initiate this process at the
completion of each job. This conforms to NIST Special Publication 800-88 Rev1. This
should be enabled (and is by default on many products).
• On Demand Image Overwrite is a manually initiated (can also be scheduled) feature that
deletes and overwrites (with a specific data pattern) every sector of any partitions of the
hard drive that may contain customer data. The device will be offline for a period of 20
minutes to one hour while this completes. This conforms to NIST Special Publication 800-
88 Rev1. ODIO is effective as an extra protection step when the utmost in security is
needed.
• Disk or User Data Encryption is a feature which encrypts all partitions of the hard drive
that may contain customer data with AES encryption. This should be enabled (and is by
default on many products). Encryption can be used in combination with either overwrite
feature.
For any other brand of ARC provided multifunctional printer devices: The technology and
means may differ according to brand. ARC and the City will address by Contract amanedment.
For any non‐ARC provided, decommissioned multifunctional printer devices: at the request of
the City, ARC will e-waste the machines for a fee of $125 per unit and offer two options:
• Remove and leave the Hard drive to the City
OR
• Format the Hard Drive (this takes 1-5 hours depending on the amount of information
stored)
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When ARC is removing or replacing any Multifunctional Printer devices, a sign off certification
sheet validating the removal of customer data and information will be provided to the City’s IT
department.
ABACUS TRACKING SOFTWARE:
• Implement Abacus to enable/encourage continuous improvement of sustainable
printing practices with Rules Based Printing to reduce hardcopy/color printing/costs, to
encourage paperless work flows and redirect large print jobs to the print center. Print
Retrieval to improve confidentiality and to eliminate wasted prints saving paper.
• Print and Copy Tracking to identify, track and allocate costs to appropriate departments
• Print & Archive / Scan to Archive workflow to SkySite InfoLink
• Data Cost Agent to automatically replenish toner for networked devices and reduce
admin time managing ink/toner/paper inventory, proactively monitor error messages
and create a more proactive approach to printer support to reduce downtime.
Software to include: Abacus Print Management User Licenses (500 Users), Abacus Print
Management Device Licenses (60 Devices), On-Site Installation & Training, Annual Support,
Hardware Server, Installation of RFID Card Readers to all MFD copiers.
REPORTING: ARC will provide reports to CITY of Palo Alto’s Department / Division level
managers on established intervals (monthly and quarterly). ARC will provide enterprise-wide
activity reports quarterly to the CITY’s executive and environmental management. Reports
will range in detail from equipment usage activity to individual desktop user activity. ARC
representatives are available to help review and interpret report data as needed.
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EXHIBIT A‐1
EQUIPMENT
(AMENDED, REPLACES PREVIOUS)
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EXHIBIT C
SCHEDULE OF FEES
(AMENDED, REPLACES PREVIOUS)
Compensation based upon fee schedule CITY shall pay CONSULTANT according to the following rate
schedule. The maximum amount of compensation to be paid to CONSULTANT, including both
payment for services and reimbursable expenses, shall not exceed the amounts set forth in Section
5 of the Agreement. Any services provided or hours worked for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
ORIGINAL CONTRACT: ANNUAL COST:
Year 1 (Dec 1, 2016 - Dec 31, 2017) $ 367,068
Year 2 (Jan 1, 2018 - Dec 31, 2017) $ 367,068
Year 3 (Jan 1, 2019 - Dec 31, 2019) $ 367,068
Subtotal of Original Contract: $ 1,101,204
AMENDMENT NO 1: ANNUAL COST:
Year 4 (Jan 1, 2020 - Dec 31, 2020) $ 408,068
Year 5 (Jan 1, 2021 - Dec 31, 2021) $ 408,068
Subtotal of Amendment No. 1: $ 816,136
Sum of Original and Amend No.1: $ 1,917,340
AMENDMENT NO 2: (Jan 1, 2021 - June 30, 2022) Term extension only
AMENDMENT NO 3: ANNUAL COST:
Year 6 (July 1, 2022 - June 30, 2023) $ 306,000
Year 7 (July 1, 2023 - June 30, 2024) $ 306,000
Year 8 (July 1, 2024 - June 30, 2025) $ 306,000
Subtotal of Amendment No. 3: $ 918,000
TOTAL NOT TO EXCEED (Sum of Original and Amend No. 1 & 3): $ 2,835,340
(EXHIBIT C IS CONTINUED ON THE FOLLOWING PAGES.)
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Appendix A (Equipment & Location) is hereby attached and incorporated into this Exhibit C
(Schedule of Fees) by reference as though fully set forth herein.
Appendix A (Equipment & Location) to Exhibit C (Schedule of Fees)
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