board of commissionersboc.macombgov.org/sites/default/files/content... · 10/15/2002 · each...

BOARD OF COMMISSIONERS 1 S. Main St., 9th Floor

Mount Clemens, Michigan 48043 586.469.5125 ~ Fax: 586.469.5993 www.macombBOC.com

GOVERNMENT OPERATIONS COMMITTEE

TUESDAY, FEBRUARY 10, 2015

FINAL AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda 4. Approval of Minutes dated December 8, 2014 (previously distributed) 5. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda) 6. Interviews of Candidates for Boards & Commissions Appointments a) Veterans Affairs Commission (6 applications are attached) (page 1) (attached) 7. Great Lakes Geomatics, LLC Contract/Professional Parcel ID Assignment (attached) Services for Macomb County/Clerk/Register of Deeds (page 38) 8. Xerox ACS Enterprise Solutions, LLC Agreement/Information Technology (attached) Products and Services/Clerk/Register of Deeds (page 58) 9. Discussion/Action on Amendments to 2015-16 Board Rules (page 74) (attached) 10. Executive Session to Discuss Pending Litigation 11. New Business 12. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson) 13. Adjournment

MACOMB COUNTY BOARD OF COMMISSIONERS David J. Flynn – Board Chair Kathy Tocco – Vice Chair Steve Marino – Sergeant-At-Arms

District 4 District 11 District 10 Andrey Duzyj – District 1 Marvin Sauger – District 2 Veronica Klinefelt – District 3 Robert Mijac - District 5 James Carabelli – District 6

Don Brown – District 7 Kathy Vosburg – District 8 Fred Miller – District 9 Bob Smith – District 12 Joe Sabatini – District 13

FEBRUARY 2015 – Summary of Boards & Commissions Appointments Veterans Affairs Commission One vacancy for unfulfilled term with expiration of 07-31-2018; to be appointed by Board Vote: Origin: 35.621 County department of veterans' affairs; creation; administration; committee; appointment, qualifications, and terms of members; vacancies.

The county board of commissioners may create a county department of veterans' affairs. The department shall be under the administration of a committee of 3 to 5 veterans, appointed by the county board of commissioners, who shall be residents of the county and who have served honorably on active duty in the United States armed forces or who served actively in the United States armed forces in a war or received an armed forces campaign or service medal, to be appointed upon the recommendation of the posts of each chartered veterans' organization within the county. Each member appointed shall have demonstrated knowledge, skills, and experience in public service, business, or finance. If an opening on a committee of veterans occurs, the county board of commissioners shall provide notice of that opening to 1 or more newspapers within the county and to veteran service organizations within the county. Notwithstanding the provisions of any law of this state to the contrary, a member of the board of commissioners of a county shall be eligible for appointment. Members appointed by the board of commissioners shall be appointed for a term of 4 years each. However, the terms for members first appointed shall be staggered so that not more than 2 vacancies are scheduled to occur in a single year. Vacancies shall be filled in the same manner as original appointments for the unexpired terms.

Current Membership (5 members): Vietnam Patrick Daniels 7/31/2015 WW2 Andrew Knapp 7/31/2015 Gulf War Therese Wrobel 7/31/2016 Gulf War Michael Salyers 7/31/2016 Vietnam Vacant 7/31/2018

Meetings are held 1st and 3rd Tuesdays at 1:30pm. These are closed meetings to review emergent need grants as well as matters related to the running of the Macomb County Veterans Service Department. Applications received:

Name Notarized App Rec’d Rec Letter (required) Notes Ducher, Marion Yes Yes Letter of intent included

Lopez, Carl M. Yes Yes

Lytle, Thomas Yes Yes Resume submitted

Martindale, Donald Yes Yes Rice, Michael H. Yes Yes Addt’l materials submitted; dist. to

commissioners Smeekens, John P. Yes Yes

1

To:

From:

Date:

RE:

Macomb County Executive Mark A. Hackel

David Flynn, Board Chai r

Pamela J. Lavers, Assistant County Executivef{--

January 22, 2015

Agenda Item -Clerk/ROD, Great Lakes Geomatics, LLC Contract

Mark F. Deldin Deputy County E'Xecutive

Attached you will find documentation and a resolution from County Clerk/Register of Deeds, Carmella Sabaugh, to approve the contract for Professional Parcel ID Assignment Services for Macomb County Register of Deeds, between the County of Macomb and Great Lakes Geomatics, LLC.

This will provide a parcel identification assign ment process to facilitate the creation of a tract index system in Macomb County. The creation of a t ract index will expedite the research of land records and chain oftitle sea rches in our County.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recom mends approval of the Great Lakes Geomatics, LLC contract as stated above.

PJL/smf

cc: Carmella Sabaugh Craig Jones

One South Main -- 8'h Floor '"' Mt. Clemens, I'vfichigan 48043 1' Phone (586) 469-7001 1

' Fax (586) 469-7257

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MACOMB COUNTY, MICHIGAN

RESOLUTION Resolution to:

Approve the Contract For Professional Parcei iD Assignment Services For Macomb County Register of Deeds, between the County of Macomb and Great Lakes Geomatics, LLC.

Commissioner Veronica Klinefelt, Government Operations Committee chair & Committee of the Whole

Additional Background Information (If Needed):

Registers of Deeds in Michigan are charged with various statutory duties relative to the recording, maintenance and inspection of land title records. These duties include establishing an index to facilitate the search and retrieval of recorded land title documents. Although Michigan law requires Clerk-Registers to maintain a general, or grantor-grantee index, they are expressly authorized to develop a tract index to facilitate the search for land title records. A tract index enables title searches based on the property description, a point on a map, or a parcel Identification number, rather than the names of the grantors and grantees involved in a particular transaction. Despite the fact that Macomb County has a substantial population and records a large volume of documents each year, we have no tract index. Unlike the neighboring counties of Wayne and Oakland, title companies, engineering firms and residents must turn to private "title plants" to accurately research and identify the chain of title to real property based on a Parcel ID number or other geographic identification number. The capabilities of the current name index search system in Macomb County is too limited to provide a reliable method of researching and identifying land records. The objective of this project is to engage the services of Great Lakes Geomatics to assist the Register of Deeds office in developing a Parcel ID assignment process to facilitate the implementation of a tract index system in Macomb County.

There is no impact on the Macomb County General Fund. The contract will be paid from the Register of Deeds Automation Fund; Org Key 270-23601.

Committee Meeting Date

Government Operations 02/10/201 5

39

Carmel/a Sabaugh Todd Schmitz Deputy Clerk

Macomb County Clerk/Register of Deeds

January 13, 2015 Date

Office of County Executive County of Macomb One South Main, 8th Floor

Mount Clemens, Ml 48043

Clerk I Register of Deeds

REQUEST APPROVAL/ ADOPTION OF

Craig A. Jones Deputy Register of Deeds

The Contract For Professional ParceiiD Assignment Services

SUBJECT:

The Register of Deeds respectfully requests the Executive Office submit to the Board of Commissioners the resolution to approve the Contract For Professional ParceiiD Assignment Services For Macomb County Register of Deeds.

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMIT TO THE BOARD:

The Contract For Professional ParceiiD Assignment Services For Macomb County Register of Deeds for approval. Board approval will allow the County of Macomb to contract with Great Lakes Geomatics, LLC (GLG), to perform professional services to implement a parcel identification assignment process for Macomb County land records.

To have the Contract between the County of Macomb and GLG signed by the Executive's Office.

PURPOSE I JUSTIFICATION:

The purpose of this recommended action is to approve the contract between the County of Macomb and GLG.

This will provide for the professional and technical services of GLG to implement a parcel identification assignment process to facilitate the creation of a tract index system in Macomb County. Currently, Macomb County does not have a tract index system like Oakland and Wayne Counties. The creation of a tract index will expedite the research of land records and chain of title searches in our county.

FISCAL IMPACT I FINANCING: There is no impact on the Macomb County General Fund.

The contract will be paid by the Register of Deeds Automation Fund; Org Key 270-23601. This fund was established for the advancement of technology in the Register of Deeds office, thereby improving public services. GLG will be paid an annual amount of $200,000.00 in 12 equal monthly installments for the first year (02/01/2015-01/31/2016) with the option to renew the contract for an additional two years with the same payment terms.

,.. -··' ,.. .. , -•-•n ~- ·--

40 North Main Street, 1st Floor Mount Clemens, Ml 48043

586-469-5120; Fax: 877-443-9505 maco mbgov .org/ clerksoffice [email protected]

Fax-on-Demand: 1 -800-51 4-0451

·-::::~~·-- - - -· 32 Market Street

Mount Clemens, Ml 48043 586-469-7953; Fax: 586-469-5130

macombgov.org/registerofdeeds [email protected]

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FACTS AND PROVISION/ LEGAL REQUIREMENTS:

The Contract For Professional Parcel ID Assignment Services


Michigan law requires Clerk I Registers to maintain a general , or grantor-grantee index. However, they are expressly authorized to develop a tract index and a system of abstracts of title to facil itate the search for land title records. Most populated counties within the state provide a tract index to ascertain title history on recorded property transactions. A tract index enables title searches based on the property description, a point on a map, or a parcel identification number, rather than the names of the grantors and grantees involved in a particular transaction .

CONTRACTING PROCESS:

Invitations to bid were posted on MITN in October 2013. Two bids were formally submitted, opened and evaluated. Great Lakes Geomatics, LLC was selected to perform the professional services duties of the contract requirements. They were awarded this portion of the contract based on their surveying expertise and technical knowledge relative to land records review and analysis.

IMPACT ON CURRENT SERVICES (PROJECTS): The professional services provided by GLG are designed to allow the Macomb County Register of Deeds office to move purposefully and systematically through the implementation process, gaining ownership of the results and the rapid deployment of a parcel identification assignment process.

GLG envisions a highly collaborative relationship that leverages the expertise and nuanced knowledge of the GLG professionals in conjunction with the leadership of the Register's office. This exchange of knowledge and information will facilitate creative process solutions for the expedited implementation of a parcel identification assignment process needed to establish an automated tract index system in the county.

This will ensure the technical advancement of the Register of Deeds office, now and in the future. This partnership will keep Macomb County competitive with our neighboring counties, as well as , honoring our commitment to enhancing public services.

Respectfully su bmitted,

!!-ttt..-.-~s;gn~£_ Carmella Sabaugh


21 Page

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CONTRACT REVIEW ROUTING FORM ORIGINATING DEPARTMENT INFORMATION

Department Leader: Department: Date:

Craig A. Jones Register of Deeds 01/13/2015 Contract Contact Person:

Michelle Johnson Contact Phone Number:

469-6752 NOTE: Contracts are returned interoffice mail unless specified below:

~Call Michelle Johnson for Pick Up: # 9-67 52 CONTACT I PROGRAM INFORMATION

Contract I Program Title: GRANT Return By Date:

D Agreement Contract For Professional Parcel ID Assignment Services for Macomb County Register of Deeds 02/27/2015

1 . DEPARTME

OFFICE OF CONTRACT MANAGEMENT

Funded

Verified - SEND TO R ISK MANAGEMENT D Rejected - Return to requesting Department

•

2. RISK MANAGEMENT-t Approved

D Approved with changes

SEND TO FINANCE DEPARTMENT

~Approved


SEND TO CORPORATION COUNSEL

l)Z1 Approved SEND TOOCE

Date

Date

tllb)!~ 1 Dale

5. OFFICE OF COUNTY EXECUTIVE-

~Approved

~ BOC Review Required


RETURN TO

CONTRACT MANAGEMENT ~~ II~( 1<;:

Authori?ed\Siqnature - --+--11--=D'--a-+t --'-------

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JAN 14 2015 MACOMB COUNl"Y.

FINANCE

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CO'RPORATION COUNSEL c. Q)

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EXECUTIVE OFFICE

JAN 16 2015

RECEIVED

42



Craig A. Jones Register of Deeds 01/13/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson 469-6752 I8J Call Michelle Johnson tor Pick Up: # 9-67 52 CONTACT I PROGRAM INFORMATION

Contract I Program Title: GRANT DEPT. Code:

D Agreement Contract For Professional Parcel ID Assignment Services for Macomb County Register of Deeds LJ Funded

Vendor Number (if known):

V29146 Vendor Name:

Great Lakes Geomatics, LLC Vendor Disclosure

Form Attached: D Yes

I!EJ No

Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source- Org Key I Object- (If known):

$ 200,000.00 $ $ 200,000.00 27023601 I 80128 Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

02/01/2015 01/31/2018 02/1 0/2015 Contract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: I)( New ~ Renewal

""' Amendment Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid, please explain:

I!EJ Yes

D No

I!EJ Yes

D No

Bid Number: How many bidders responded? Winning bidder Macomb County Enterprise:

2 I!EJ Yes D No - Explain:

49-13 Contract I Program Synopsis:

Great Lakes Geomatics, LLC (GLG) will provide licensed surveyors and other professionals, as well as, technical support to assist the Register of Deeds office in establishing a ParceiiD assignment process to correctly assign Tax Parcel Identification Numbers (TPIN) to all land title documents submitted for recording. GLG will provide services directly from the Register of Deeds office in Mount Clemens and remotely from the GLG offices in Warren, Ml to assure that the TPIN assignment process is seamlessly integrated into the automated recording processes currently utilized by the Register of Deeds.

The contract will be paid by the Register of Deeds Automation Fund; Org Key 270-23601. This fund was established for the advancement of technology in the Register of Deeds office, thereby improving public services. GLG will be paid an annual amount of $200,000.00 in 12 equal monthly installments for the first year (02/01/2015-01/31/2016) with the option to renew the contract for an additional two years with the same payment terms.

OTHER CONTRACT INFORMATION

0 C ONTRACT REQUIRES SIGNATURE OF C OUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.

PLEASE CHECK APPROPRIATE ITEM BELOW (IF A PPLICABLE):

IEJ 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

D 2. A WARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

D D D D 1:1

3. A WARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.

4. A WARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.

5. E MPLOYER PAID FRINGE BENEFITS.

6. C OLLECTIVE BARGAINING AGREEMENTS.

7. INTERGOVERNMENTAL A GREEMENTS AS DEFINED BY C HARTER SECTION 3.1 .

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CONTRACT FOR PROFESSIONAL PARCEL ID ASSIGNMENT SERVICES FOR MACOMB COUNTY REGISTER OF DEEDS

THIS CONTRACT is between the County of Macomb, Michigan, a body corporate and Charter County (the "County) and Great Lakes Geomatics, LLC, a Michigan Limited Liability Corporation, (the "Contractor").

1. ENGAGEMENT OF CONTRACTOR

1.01 The Macomb County Board of Commissioners, pursuant to Resolution No. ____ _ has authorized the County Clerk-Register to engage the Contractor to perform certain Professional Services to assist in the development and implementation of a tract index in the Office of the Macomb County Register of Deeds by providing professional parcel identification assignment, surveyor and mapping services in a manner consistent with the terms contained in this Contract.

1.02 The County has selected the Contractor to perform certain services described based on a Proposal submitted by Contractor, which is attached hereto as Schedule A

1.03 Payment of compensation to the Contractor for such services is authorized to be made with funds available in the Register of Deeds Automation Fund.

2. SCOPE OF SERVICE AND CONTRACT TERM

2.01 The Contractor agrees perform the Services described in Schedule B, attached hereto and incorporated herein by reference. Contractor shall perform all such services in a timely and satisfactory manner, as determined by the County Clerk-Register. The Contractor must expediently perform the Services to achieve the objectives of this Contract.

2.02 If there is any dispute regarding the scope of the Services to be performed by the Contractor, the interpretation and determination of the County Clerk-Register shall govern.

2.03 The Services include all conferences and consultation deemed necessary and appropriate by the County Clerk-Register to properly and fully perform the Services.

2.04 This Contract shall be for a period of one year, and may be extended for two (2) additional, one-year periods with the written consent of the County Clerk-Register of Deeds. The contract term shall commence upon full execution and approval by the authorized representatives of all parties.

3. ADMINISTRATION

3.01 The Contractor must inform the County Clerk-Register as soon as the following types of conditions become known:

A Probable delays, loss of qualified staff, or adverse conditions which do or may materially prevent the meeting of the objectives of the Contract. The Contractor must accompany this disclosure with a statement of any remedial action taken or contemplated by it; and

B. Favorable developments or events which enable meeting time schedules or goals sooner than anticipated.

3.02 The Contractor shall have no authority in the name of the County or County Clerk-Register to borrow money, commence or defend litigation, spend money, or enter into contracts.

4. COMPENSATION

4.01 The County Clerk-Register agrees to compensate the Contractor on a monthly basis in accordance with the rates set forth in Schedule C. The compensation includes all remuneration to which the Contractor may be entitled for Services described in Schedule B. Total compensation for the Services performed by Contractor as described in Schedule B will not exceed Two Hundred Thousand Dollars ($200,000) per year.

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4.02 The County will pay for the proper performance of the Services, commensurate with the progress of the work as evidenced by the timely performance of the Services, and after it receives an invoice for payment. The invoice must certify the cost of all Services performed for that billing period and describe the Services rendered. If the invoice also requests reimbursement or payment for reimbursable expenses, the appropriate receipts must be attached. The Contractor must sign the invoice and send it to the County Clerk-Register for each calendar month services are performed.

4.03 The Contractor must direct invoices to the attention of the individual specified in the Notice provisions, Article 8.

4.04 The Contractor may be required to submit as part of the invoices, progress reports indicating the Contractor's activities during the month(s) services are performed.

4.05 The scope and extent of the Services provided by the Contractor may be modified in writing by mutual agreement of the parties.

5. RELATIONSHIP OF PARTIES

5.01 The relationship of the Contractor and its employees and sub-contractors to the County Clerk-Register is and will continue to be that of an independent contractor. No liability or benefits, such as workers' compensation, pension rights, or insurance rights, arising out of, or related to a contract for hire or employer/employee relationship, accrues to either party or either party's agent, subcontractor or employee as a result of this Contract. No relationship, other than that of independent contractor will be implied between the parties, or either party's agent, employee, or subcontractor.

6. TERMINATION OF THE CONTRACT

6.01 Either party may terminate this Contract at any time, for any reason, upon 60 days written notice. Upon proper notification and termination of the Contract, neither party shall incur any further liability. The termination notice must specify the effective date, and the Contract will terminate as if the date were the date originally given for the expiration of the Contract.

6.02 Each party will assist the other party in the orderly termination of this Contract and the transfer of all assets or property, tangible or intangible, as may be necessary for the orderly, nondisrupted business continuance of each party.

7. ASSIGNMENT

7.01 Contractor will not assign or in any manner transfer this Contract, or any part or parts hereof, or interest herein, or subcontract for any Services, equipment or operations without notice to, and prior consent of, the County Clerk-Register. Any unauthorized assignment or transfer will be considered a breach of this Contract and result in the cancellation of the Contract at the County Clerk-Register's discretion. Consent by the County Clerk-Register to one or more assignments of this Contract will not operate to exhaust the County Clerk-Register's rights under this paragraph.

8. NOTICES

8.01 All notices, consents, approvals, requests and other communications ("Notices") required or permitted under this Contract must be given in writing and transmitted by email AND by first-class mail to the following addresses:

If to the Contractor:

Martin C. Dunn, Managing Member Great Lakes Geomatics, LLC. 12504 Stephens, Warren, Ml 48089 (586) 755-5770 mcd u n n @g reatlakesgeomatics. com

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If to Macomb County:

Carmella Sabaugh Macomb County Clerk-Register of Deeds 32 Market Street Mt. Clemens, Ml 48043 (586) 469-7939 [email protected]

8.02 All notices are deemed given on the day of mailing. Either party to this Contract may change its address for the receipt of notices at any time by giving notice to the other as provided. Any notice given by a party must be signed by an authorized representative of such party.

8.03 Termination notices, change of address notices, and other notices of a legal nature, are an exception and must be sent by registered or certified mail, postage prepaid, return receipt requested.

9. ETHICS IN CONTRACTING

9.01 The Contractor must comply with the applicable provisions of the Macomb County Code governing Ethics in Public Contracting.

9.02 Contractor's material misrepresentation or delinquency in the disclosures required by the Macomb County Code governing Ethics in Public Contracting constitutes a material breach of this Contract, sufficient to warrant immediate termination.

9.03 If the County determines that the Contractor has made a material misrepresentation or is willfully delinquent or knowingly evasive in the disclosures required by the applicable provisions of the Macomb County Code governing Ethics in Public Contracting, the Contractor and any other business which has substantially the same principal beneficiaries, may be debarred by the Purchasing Director, consistent with the provisions County's written policies.

10. JURISDICTION AND LAW

10.01 This Contract, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan. The Contractor consents to the personal jurisdiction of any competent court in Michigan, for any action arising out of this Contract. Service of process at the address and in the manner specified in this Contract will be sufficient to put the Contractor on notice. The Contractor will not commence any action against the County because of any matter arising out of or relating to the validity, construction, interpretation and enforcement of this Contract, in any courts other than those in the County of Macomb, State of Michigan unless original jurisdiction is in the United States District Court for the Eastern District of Michigan, Southern Division, the Michigan Supreme Court or the Michigan Court of Appeals.

11. TAX REPORTING

11.01 The County Clerk-Register shall not be obligated to make payments to the Contractor prior to the County's receipt of information necessary to enable it to comply with its reporting or other legal obligations under the Internal Revenue Code and similar provisions of state or local law. The Contractor is an independent contractor and shall be responsible for the payment of any and all taxes to the federal government, the State of Michigan or any other state where the Contractor may reside. The Contractor will be issued an appropriate 1099 form as required by federal and state law.

12. INDEMNIFICATION AND INSURANCE

12.01 The Contractor agrees to indemnify and hold harmless the County of Macomb against any and all liability, damages, loss and expenses incurred as a result of claims by third parties against the County arising out of the actions of the Contractor regarding any services provided pursuant to the terms of this Contract.

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12.02 Contractor will be required to maintain Professional Liability Insurance with mtn1mum limits of $1,000,000 (one million dollars) each occurrence and $2,000,000 (two million dollars) aggregate. The County of Macomb shall be named additional insured on any policy and the underwriters will have no right of recovery or subrogation against the County of Macomb including its agents, employees, elected and appointed officials and agencies. Upon request by the County Clerk-Register, Contractor shall provide the County with proof of said insurance.

13. CONTRACTOR'S ASSURANCES AND WARRANTIES

13.01 The contractor certifies that all statements, assurances, records and materials submitted to the County in connection with securing this Contract have been truthful, complete and accurate in all respects. The Contractor agrees and understands that any material false statements, representation or omission made in connection with seeking this Contract may be grounds for canceling or terminating the Contract and/or debarring the Contractor from future County contracts. The County's right to cancel this contract as provided herein shall be in addition to any other rights the County has to terminate or cancel this Contract.

13.02 Service Warranty. The Contractor represents that all services performed hereunder will be performed in a manner that complies with all applicable laws, statutes, regulations, ordinances, and professional standards.

13.03 Business and Professional Licenses. The Contractor will obtain and maintain at all times during the term of this Contract all applicable business and professional licenses necessary to provide contracted services.

13.04 Equipment and Supplies. The Contractor is responsible for providing equipment and supplies required to complete the specified services under the Contract unless otherwise expressly set forth in the Contract.

13.05 Contractor's Incidental Expenses. Except as otherwise expressly provided in this Contract, the Contractor shall be solely responsible for all costs and expenses incident to the performance of all services for the County including but not limited to any professional dues, association fees, license fees, fines, taxes and penalties.

13.06 Contractor Employees. A The Contractor shall employ and assign qualified Contractor employees as necessary and appropriate to provide the services under this Contract. Contractor shall ensure all Contractor Employees have all the necessary knowledge, skill, and qualifications required to perform the services, and possess any necessary licenses, permits, certificates and governmental authorizations as may be required under the law. B. The Contractor shall solely control, direct, and supervise all Contractor Employees with respect to all Contractor obligations under this Contract. The Contractor will be solely responsible for the conduct and supervision of any Contractor Employee.

14. MISCELLANEOUS

14.01 The Contractor covenants that it is not, and will not become, in arrears to the County upon any contract, debt, or any other obligation to the County, including real property and personal property taxes.

14.02 No amendment to this Contract is effective unless it references this Contract, is written, is signed and acknowledged by duly authorized representatives of both parties.

14.03 All the provisions of this Contract are "covenants" and "conditions" as though the words specifically expressing or imparting covenants and conditions are used in each provision.

14.04 The Contractor agrees not to commence any action or suit relating to its Services more than 6 years after the date of termination of the Services unless the law provides for a shorter period, and to waive any statute of limitation to the contrary.

14.05 Unless the context otherwise requires, the words, "herein", "hereof' and "hereunder", and other words of similar import, refer to this Contract as a whole and not to any particular article, section, or other subdivision.

14.06 The headings of the articles in this Contract are for convenience only and must not be

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used to construe or interpret the scope or intent of this Contract or in any way affect the Contract. 14.07 As used, the singular includes the plural, the plural includes the singular, and the use of

any gender is applicable to all genders. 14.08 The Contractor agrees to comply with all applicable laws and regulations, and has

provided the County with assurance that it will comply with its Living Wage Policy and a Certification of Compliance with requirements of the Federal E-Verify Program.

14.09 No failure by a party to insist upon the strict performance of any term of this Contract or to exercise any term after a breach constitutes a waiver of any breach or term. No waiver of any breach affects or alters this Contract, but every term of this Contract remains effective with respect to any other then existing or subsequent breach.

14.10 This document, including the Appendices, contains the entire agreement between the parties and all prior negotiations, communications and agreements are merged in this document. The terms of this contract supersede the terms, requirements and representations of any prior request or solicitation for bids and/or proposals, and any response thereto, unless specifically set forth in this Contract. Neither party has made any representations except those expressly set forth herein.

14.11 If any provision of this Contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable.

15. SIGNATURE

15.01 The County Clerk-Register and the Contractor, by their authorized officers and representatives have executed this Contract.

Macomb County Executive:

By: ________________ _ Date: ________ _

Its: ---------

Macomb County Clerk-Register of Deeds'

By :~ Date: __ / _.;__..%'----"'- :;;._J-r.'.s='a---

Carmella Sabaugh Its: CLERK-REGISTER OF DEEDS

Great Lakes Geomatics, LLC

By:~///R~ Date: _/ _:-_8 __ - ;;_/5 ___ _

Martin C. Dunn, P.S.

Its: Managing Member

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SCHEDULE A

SEE: Great Lakes Geomatics Proposal to Macomb County RFP # 49-13.

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49

SCHEDULE B

Scope of Services: Parcel ID Assignment Services by Great Lakes Geomatics, LLC

I. PROJECT OBJECTIVE

Clerk-Registers of Deeds in Michigan are charged with various statutory duties relative to the

recording, maintenance and inspection of land title records. These duties include the establishment of an

index to facilitate the search and retrieval of recorded land title documents. Although Michigan law

requires Clerk-Registers to maintain only a general, or grantor-grantee index, they are expressly

authorized to develop a tract index and a system of abstracts of title to facilitate the search for land title

records. Indeed, most populated counties within the state provide a tract index to ascertain title history on

recorded property transactions. A tract index enables title searches based on the property description, a

point on a map, or a parcel Identification number, rather than the names of the grantors and grantees

involved in a particular transaction.

Despite the fact that it has a substantial population and records a large volume of documents

each year, the Macomb County has no tract index. Unlike the neighboring Counties of Wayne and

Oakland, title companies, engineering firms and residents must turn to private "title plants" to accurately

research and identify the chain of title to real property based on a parcel Identification number or other

geographic identification number. The capabilities of the current "name index" search system in Macomb

County is too limited to provide a reliable method of researching land title and accurately identifying chain

of title.

The objective of this project is to engage the services of professional surveyors and other

technical experts to assist the Macomb County Register of Deeds' Office in developing a parcel ID

assignment process to facilitate the implementation of a tract index system in Macomb County.

II. SERVICES PERFORMED BY CONTRACTOR

A. Overview of Services

The Contractor, Great Lakes Geomatics, LLC (GLG), is a Michigan limited liability corporation

founded by Martin Dunn to provide professional surveying services and other technical expertise relative

to land records review and analysis. GLG will provide licensed surveyors and other professionals as well

as technical support to assist the Office of the Macomb County Register of Deeds (MCROD) in

establishing a ParceiiD assignment process to correctly assign Tax Parcel Identification Numbers

(TPINs) to all land title documents submitted for recording. GLG will provide services directly from

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MCROD office in Mt. Clemens, and remotely from GLG offices in Warren, Michigan, to assure that TPIN

assignment process is seamlessly integrated into the automated recording processes currently utilized by

the MCROD.

The activities and tasks outlined in this proposal are designed to allow the Macomb County Clerk

Register of deeds (MCROD) to move purposefully and systematically through the implementation

process, gaining ownership of the results and the rapid deployment of a parcel identification assignment

process. GLG envisions a highly collaborative process that leverages the expertise and nuanced

knowledge of the GLG professionals in conjunction with the leadership of the MCROD. This exchange of

knowledge and information will facilitate creative process solutions for the expedited implementation of a

parcel identification assignment process needed to establish an automated tract index system in the

County.

B. Qualifications and Personnel Provided

1) Great Lakes Geomatics will provide experienced, licensed surveyors and technical expertise to

assist the MCROD in the development, management and execution of the ParceiiD Assignment

Project. GLG understands and acknowledges that the amount of documents submitted daily to the

MCROD fluctuates, and that staffing will be added and subtracted as the work flow dictates.

2) The GLG executive team will be headed by Martin Dunn and Steven Dunn, both third generation

Macomb County surveyors. Daniel Lane, a surveyor and former Plat Engineer for Wayne County, will

also participate as part of the GLG executive team on the Parcel ID Assignment Project. Dan will be

part of the GLG executive team that will review metes and bounds descriptions, subdivision plats and

condominium plans. All three Professional Surveyors are licensed in the State of Michigan and have

substantial experience with plotting property descriptions and tax parcel mapping in Macomb,

Oakland and Wayne Counties.

3) In addition to the executive management team, GLG will provide the assistance of experienced

data architects, technicians and clerical specialists trained in reviewing the more difficult metes and

bounds descriptions, plats, condominium, and real estate documents generally, to review and verify

legal descriptions and properly assign and verify tax parcel identification numbers on documents

submitted for recording at the MCROD Office.

4) The number of technicians will be determined monthly by GLG and will be based on the number

of documents being recorded at the Register of Deeds office. The services provided by GLG will be

performed both at GLG offices in Warren, Michigan and at designated space provided at the MCROD

Offices.

8

51

C. Services Provided by Contractor

The Contractor, GLG, will provide the following services to the MCROD:

1) Assistance in the development and implementation of the TPIN assignment process

2) Training of MCROD personnel on the requirements of the TPIN assignment process

3) Support in the daily management of the TPIN assignment process at the MCROD offices

4) Special review of plats, condominium plans

D. TPIN Assignment Functions Performed by Contractor

For each incoming document that contains a legal description, GLG will manage and provide assistance

and personnel at the Office of the MCROD to:

1) Review and determine, relative to each document submitted for recording, whether the document

represents a simple action on an existing property with a previously assigned Ownership TPIN,

with no effect to other properties. If so, the Ownership TPIN will be verified for basic accuracy

before processing that document for recording.

2) If the document represents a more complex action, classify the document as to the nature of the

property involved. Examples of useful classifications might include unplatted parcels, lots in

platted subdivisions, easements, condominium units, etc. The precise classification scheme that

is most effective for document processing will be determined as part of the process development

project.

3) For each classification type, a sub-process specialized to that type of property is invoked. This

process organization will support efficient handling of the various property types by workers who

are specifically trained and experienced, and software tools that are specifically designed for,

each property type.

4) The result of each sub-process is the assignment of one or more "Related TPINs" and/or the

assignment of a newly created Ownership TPIN to the document in question.

5) In any case where the TPIN assignment sub-process in unsuccessful, the document in question

will be place in a Suspended Queue for specialized processing, perhaps at a later time. The

details of suspense processing will be determined as part of the development project.

6) Determine whether the document represents a simple action on an existing property with a

previously assigned Ownership TPIN, with no effects on other properties. If so, the Ownership

TPIN is verified for basic accuracy and the processing for that document is complete.




9

52


project.


process organization will support efficient handling of the various property types by workers who

are specifically trained and experienced, and software tools that are specifically designed for,

each property type.

9) The result of each sub-process is the assignment of one or more "Related TPINs" and/or the


1 0) In any case where the TPIN assignment sub-process in unsuccessful, the document in question

will be place in a Suspend Queue for specialized processing, perhaps at a later time. The details

of suspended processing will be determined as part of the development project.

11) The assigned TPINs will represent either 1) a newly created TPIN assigned to any newly created

property division (e.g. by a parcel split), or 2) a list of multiple existing TPINs associated with any

and all tax parcels already recorded that are overlaid by or otherwise affected by the document in

question. The process to be developed is graphically illustrated at a high level in the

accompanying process flowchart, attached below as Appendix 1.

12) The proposed TPIN assignment process contemplates two types of TPINs that may be

associated with the property described in a document submitted for recording:

a) "Ownership TPIN" is the single TPIN that is associated with the

property on a one-to-one basis. It serves to fundamentally identify

that property for most purposes within the Macomb County

document recording, tax assessment, and GIS systems;

b) The "Related TPINs" assigned to the property represent (or "point

to") other properties that are overlaid by or in some way affected by

the property in question. There may be several "Related TPINs"

assigned to a given property.

IV. SUPPLIES AND SERVICES PROVIDED BY THE COUNTY

A. Access to Data, Images and Indexes

The County will provide the following at no cost to the Contractor, GLG:

1) Access to the images and all indexes to land records maintained by MCROD;

2) Access to the maps and integrated data maintained on the Macomb County Geographical

Index System (GIS);

3) Access to Macomb County tax maps, Equalization and Assessment databases.

10

53

B. Services and Functions

The County will supply, at its own expense, the following services, equipment and personnel to

perform the listed functions:

1) Document reception and preparation.

2) Furnish inputting of all instruments for TPIN assignment

3) Work stations, computer hardware and software for access to the MCROD recording system.

4) Personnel to assist GLG technicians assigned to work at the MCROD Offices.

11

54

Schedule C

COMPENSATION AND PAYMENT

The County will compensate Contractor, GLG, for the performance of all services provided as described

in this contract as follows:

1) Contractor will be paid a total, annual amount of Two Hundred Thousand Dollars

($200,000.00); and

2) Contractor will be 1/12 of the total, annual compensation on a monthly basis;

3) The first monthly payment will be made during the first week of the month following the

month the contract is commenced, and each month thereafter.

12

55

APPENDIX 1

PARCEL ID ASSIGNMENT PROCESS DEVELOPMENT

GLG will assist MCROD to develop a process to correctly assign Tax Parcel Identification

Numbers (TPINs) to all documents submitted to the Macomb County Register of Deeds' Office for

recording. The assigned TPINs will represent either 1) a newly created TPIN assigned to any newly

created property division (e.g. by a parcel split), or 2) a list of multiple existing TPINs associated with any

and all tax parcels already recorded that are overlaid by or otherwise affected by the document in

question. The process to be developed is graphically illustrated at a high level in the accompanying

process flowchart.

The proposed process would be applicable both to documents newly submitted for recording and

to documents already recorded. The updating of previously recorded documents could be performed

either as a separate processing stream, or interspersed with newly submitted documents.

GLG will continue to work on process improvement after implementation, and will from time to

time examine potential technical and/or organizational enhancements that might improve the efficiency,

capability, and/or reliability of the process, and will propose those enhancements to the Macomb County

Register of Deed's Office for consideration.

A. Process Assumptions

The proposed process will recognize two types of TPINs that may be associated with the property

described in a submitted document:

1) The "Ownership TPIN" is the single TPIN that is associated with the property on a one-to-one

basis. It serves to fundamentally identify that property for most purposes within the Macomb

County document recording, tax assessment, and GIS systems.

2) The "Related TPINs" assigned to the property represent (or "point to") other properties that are

overlaid by or in some way affected by the property in question. There may be several "Related

TPINs" assigned to a given property. These "Related TPINs" will be used within the future state

Macomb County Tract Index to establish the linkages to related property descriptions.

13

56

B. Process Description

For each incoming document that contains a legal description:

13) Determine whether the document represents a simple action upon an existing property with a

previously assigned Ownership TPIN, with no effects on other properties. If so, the Ownership

TPIN is verified for basic accuracy and the processing for that document is complete.





project.


process organization will support efficient handling of the various property types by human

workers who are specifically trained for and experienced with each property type, and by software

tools that are specifically designed to process each property type.

16) The result of each sub-process is the assignment of one or more "Related TPI Ns" and/or the


17) In any case where the TPIN assignment sub-process in unsuccessful, the document in question

will be placed in a Suspense Queue for specialized processing, perhaps at a later time. The

details of suspense processing will be determined as part of the development project.

14

57

To:

From:

Date:

RE:

Macomb County Executive Mark A. Hackel

David Flynn, Board Chair

Pamela J. Lavers, Assistant County Executive fl-January 22, 2015

Agenda Item - Clerk/ROD, Xerox ACS Enterprise Solutions, LLC Agreement

Mark F. Deldin Deputy Cotmty S-xecutive

Attached you will find documentation and a resolution from County Clerk/Register of Deeds, Carmella Sabaugh, to approve the Agreement for Information Technology product s and services between Macomb County and Xerox, ACS Enterprise Solutions, LLC.

This wil l provide the t echnologica l products and services to facilitate the creation of a tract index system in Macomb County. The creation of a tract index will expedite the research of land records and chain of title searches in our County.

The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the Xerox, ACS Enterprise Solutions, LLC contract as stated above.

PJL/smf

cc: Carmella Sabaugh Craig Jones

One South Main -- 8'11 Floor -- Mt. Clemens, Michigan 48043 ~' Phone (586) 469-7001 -- Fax (586) 469-7257

58

RESOLUTION

Resolution to:

Approve the Agreement For Information Technology Products And Services between Macomb County and Xerox, ACS Enterprise Solutions, LLC.

Commissioner Veronica Klinefelt, Government Operations Committee chair & Committee of the Whole

Additional Background Information (If Needed):

It is the goal of the Register of Deeds office to create a tract index.

Although Macomb County has a substantial population and records a large volume of documents each year, we have no tract index. Residents, title companies, and businesses must turn to private "title plants" to accurately research and identify the chain of title to real property based on a Parcel ID number or other geographic identification number unlike the neighboring counties of Oakland and Wayne. The capabilities of the current name index search system in Macomb County is too limited to provide a reliable method of researching and identifying land records.

Xerox will facilitate the creation a tract index by providing the Hardware, Software, and Development tools necessary to achieve our objective.

There is no impact on the Macomb County General Fund. The contract will be paid from the Register of Deeds Automation Fund; Org Key 270-23601.

Committee Meeting Date

Government Operations 02/10/2015

59

Carmella Sabaugh Todd Schmitz Deputy Clerk

Macomb County Clerk/Register of Deeds

January 13, 2015 Date

Office of County Executive

County of Macomb One South Main, gth Floor

Mount Clemens, Ml 48043


REQUEST APPROVAL/ ADOPTION OF

Craig A. Jones Deputy Register of Deeds

Agreement For Information Technology Products And Services

SUBJECT:

The Register of Deeds respectfully requests the Executive Office submit to the Board of Commissioners the resolution to approve the Agreement For Information Technology Products And Services.

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMIT TO THE BOARD:

The Agreement For Information Technology Products And Services for approval. Board approval will allow the County of Macomb to contract with ACS Enterprise Solutions, LLC (Xerox) to provide the Hardware, Software, and Development tools to create a tract index for Macomb County land records.

To have the Agreement between the County of Macomb and Xerox signed by the Executive's Office.

PURPOSE I JUSTIFICATION:

The purpose of this recommended action is to approve the agreement between the County of Macomb and Xerox.

This will provide for the technological products and services to facilitate the creation of a tract index system in Macomb County. Currently, Macomb County does not have a tract index system like Oakland and Wayne Counties. The creation of a tract index will expedite the research of land records and chain of title searches in our county.

FISCAL IMPACT I FINANCING:

There is no impact on the Macomb County General Fund.

The agreement will be paid by the Register of Deeds Automation Fund; Org Key 270-23601. This fund was established for the advancement of technology in the Register of Deeds office, thereby improving public services. Xerox will be paid a total agreement cost of $53,180.00.

,., ' .... ........ ," .. ..., ....... 40 North Main Street, 1st Floor

Mount Clemens, Ml 48043 586-469-5120; Fax: 877-443-9505 macombgov.org/clerksoffice [email protected]

Fax-on-Demand: 1-800-51 4-0451

D. .In. ·-:::~·~·-' _, ----~ 32 Market Street

Mount Clemens, Ml 48043 586-469-7953; Fax: 586-469-5130

macombgov.org/registerofdeeds [email protected]

60

FACTS AND PROVISION/ LEGAL REQUIREMENTS:

Agreement For Information Technology Products And Services


Michigan law requires Clerk I Registers to maintain a general, or grantor-grantee index. However, they are expressly authorized to develop a tract index and a system of abstracts of title to facilitate the search for land title records. Most populated counties within the state provide a tract index to ascertain title history on recorded property transactions. A tract index enables title searches based on the property description, a point on a map, or a parcel identification number, rather than the names of the grantors and grantees involved in a particulartransaction.

CONTRACTING PROCESS: Invitations to bid were posted on MITN in October 2013. Two bids were formally submitted, opened and evaluated.

Xerox was selected to provide the technology products and services outlined in the bid. They were awarded this portion of the contract based on their extensive hi-tech knowledge and company history relative to land records review and analysis. Additionally, their total price point for products and services was cost effective and their willingness to work in conjunction with Great Lakes Geomatics, LLC, a Warren, Ml company secured their award.

IMPACT ON CURRENT SERVICES (PROJECTS):

The creation of a tract index will benefit the citizens and businesses of Macomb County. This system will promote the accuracy of researching land records and take it to the next level. A tract index will enable Macomb County to compete with our neighboring counties by offering a reliable, efficient, economical, and state of the art system to locate land records, as well as, precisely identify chain of title searches. A tract index will smoothly pave the way to "Make Macomb Your Home."

Respectfully submitted,

Carmella Sabaugh Clerk I Register of Deeds

21 Page

61

CONTRACT REVIEW ROUTING FORM

Department Leader:

Craig A. Jones Contract Contact Person:

Michelle Johnson

ORIGINATING DEPARTMENT INFORMATION Department: Date:

Register of Deeds 01/13/2015 Contact Phone Number:

469-6752 NOTE: Contracts are returned interoffice mail unless specified below:

181 call Michelle Johnson for Pick Up: # 9-6752 CONTACT I PROGRAM INFORMATION

Contract I Program Title: GRANT Return By Date:

Agreement For Information Technology Products And Services [J Agreement 02/27/2015

kg Verified - SEND TO RISK MANAGEMENT

NOTES:

2. RISK MANAGEMENT-

-fZf Approved


SEND TO F INANCE D EPARTMENT

? Approved


SEND TO C ORPORATION C OUNSEL

5. OFFICE OF COUNTY EXECUTIVE-

'I?J. Approved

D Rejected - Return to requesting Department

lo~©~~~~~ Jf~ . JAN 1 4 2015 ~y t

__ J_ --_ 1'----'t_.___..-- ____,15""-------- ~sk Management & Safety Date

EC V D JAN 14 2015

MACOMB COUNTY FINANCE

w ECEIVED > "iii

&! c.JAN 16 2015 ./<: E ~f'\l(l) ~

j )Jo~PJ, croRATIONCOUNSEL

1:l

~ EXECUTIVE -~ OFFICE w .. a::: a. ~ BOC Review Required


RETURN TO

CONTRACT MANAGEMENT

~ ~ JAN l 6 2015

~iave.Nl_-+--jl fc.___::_,cl;::--:-( +---'/ 1-----=-s-__ } RECEIVED Authorized !Signature Date!

62



Craig A. Jones Register of Deeds 01/13/2015 Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Michelle Johnson 469-6752 I8J can Michelle Johnson for Pick Up: # 9-6 7 52 CONTACT I PROGRAM INFORMATION

Contract I Program Title: GRANT DEPT. Code:

D Agreement Agreement For Information Technology Products And Services D Funded

Vendor Number (if known):

V05445 Vendor Name:

Xerox, ACS Enterprise Solutions, LLC Vendor Disclosure

Form Attached: [JYes

~ No Original Contract Amount: Amendment Amount: Total Amended Contract Amount: Funding Source- Org Key I Object- (If known):

$ 53,180.00 $ $ 53,180.00 27023601 I 80128 Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

01/01/2015 12/31/2015 02/10/2015 Contract: If Renewal or Amendment, what terms have changed (if any): Amendment Number: r;( New i- Renewal i"" Amendment

Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid , please explain:

~ Yes D No

~ Yes [J No

Bid Number: How many bidders responded? Winning bidder Macomb County Enterprise:

2 49-13 D Yes Xerox will work with Great Lakes ~ No- Explain: Geomatics, LLC, a Warren, Ml company.

Contract I Program Synopsis:

The purpose of the agreement is to provide the Macomb County Register of Deeds office with the Hardware, Software, and Development tools necessary to update and verify ParceiiD numbers within the Hosted System Land Records database. This ability will facilitate the goal of creating a tract index system to search land records in Macomb County.

OTHER CONTRACT INFORMATION

0 CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED.

PLEASE CHECK APPROPRIATE ITEM BELOW (IF APPLICABLE):

~ 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

D 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION.

1:1 D D D [j

3. A WARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.

4. A WARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.

5. EMPLOYER PAID FRINGE BENEFITS.

6. C OLLECTIVE BARGAINING AGREEMENTS.

7. INTERGOVERNMENTAL A GREEMENTS AS DEFINED BY C HARTER SECTION 3.1 .

63

AGREEMENT FOR INFORMATION TECHNOLOGY PRODUCTS AND SERVICES

This Agreement for Information Technology Products and Services ("Agreement") is entered into by and between ACS Enterprise Solutions, LLC ("XEROX"), a Delaware corporation, with offices located at 8600 Harry Hines Blvd., Suite 300, Dallas, TX 75235, and Macomb County, MI, a government entity ("Client"), with offices located at 40 North Main, Mount Clemens, MI 48043. XEROX and Client (each individually a "party" and collectively the "parties") agree as follows:

1. TERM

This Agreement will become effective on the date of full execution by the parties (the "Effective Date") and shall continue for a period of one year, unless otherwise extended or terminated by the parties in accordance with the provisions of this Agreement (the "Term").

2. SERVICES

During the Term of the Agreement, and consistent with the terms and conditions set forth in herein, XEROX will provide Client with the information technology products, software and materials (collectively, the "System"), and services ("Services") described in the Statement of Work, annexed hereto as Schedule A. XEROX agrees not to outsource any work regarding this agreement to workers located outside of the United States of America for the duration of this agreement.

3. PAYMENT

Client agrees to pay XEROX for the System and Services in accordance with the payment provisions set forth in Schedule A. XEROX shall submit an invoice to Client for each payment due, and Client agrees to pay each invoice within thirty (30) calendar days after receipt. The date of payment shall be the date the check is mailed, as evidenced by the postmark.

Specific types of expenses that will be reimbursed by Client are listed in Schedule A. XEROX will bear sole responsibility for all other expenses incurred in connection with the delivery of the System and performance of the Services. Expenses will be listed in each invoice. Upon request, XEROX will support a request for reimbursement of expenses (other than per diem allowances) with receipts or other reasonable documentation.

4. SALES AND USE TAXES

If Client is by law exempt from property taxes or sales and use taxes, those taxes will not be included in invoices submitted to the Client under to this Agreement. XEROX may be considered a limited agent of the Client for the sole purpose of purchasing goods or services on behalf of the Client without payment of taxes from which Client is exempt. If XEROX is required to pay taxes by determination of a proper taxing authority having jurisdiction over the Products or Services provided under this Agreement, Client agrees to reimburse the XEROX for payment of those taxes.

5. DELIVERY AND ACCEPTANCE

XEROX will arrange for delivery of the appropriate System components to the Client installation site(s), as set forth in Schedule A. Shipment of the hardware shall be F.O.B. to the receiving point at each installation site. XEROX will pay reasonable transportation and insurance charges for hardware delivered to the receiving point at each installation site. All requirements for acceptance and testing of the System or any System components shall be set forth in Schedule A.

6. CONFIDENTIALITY

With respect to information relating to Client's business which is confidential and clearly so designated ("Client Confidential Information"), XEROX will instruct its personnel to keep such information confidential by using the same degree of care and discretion that they use with similar information of XEROX which XEROX regards as confidential. However, XEROX shall not be required to keep confidential any information which: (i) is or becomes publicly available; (ii) is already in XEROX's possession; (iii) is independently developed by XEROX outside the scope of this Agreement; or (iv) is rightfully obtained

64

from third parties. In addition, XEROX shall not be required to keep confidential any ideas, concepts, methodologies, inventions, discoveries, developments, improvements, know-how or techniques developed by XEROX in the course of its services hereunder.

Client agrees that XEROX's methodologies, tools, ideas, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements, proprietary data and software programs, and any other information identified as proprietary or confidential by XEROX, which may be disclosed to the Client, are confidential and proprietary information ("XEROX Confidential Information"). With respect to XEROX Confidential Information, the Client shall keep such information confidential by using the same degree of care and discretion that it uses with similar information of its own which Client regards as confidential. However, Client shall not be required to keep confidential any information which: (i) is or becomes publicly available; (ii) is already in Client's possession; (iii) is independently developed by the Client outside the scope of this Agreement and without any reliance on XEROX Confidential Information; or (iv) is rightfully obtained from third parties.

XEROX and Client shall use each other's confidential information only for the purposes of this Agreement and shall not disclose such confidential information to any third party, other than as set forth herein, or to each other's employees, XEROX's permitted subcontractors, or Client's permitted consultants on a need-to-know basis, without the other party's prior written consent.

7. PRODUCT AND SYSTEM OWNERSHIP AND USE RIGHTS

The System provided under this Agreement includes technical information, software programs, equipment, designs, specifications, drawings, documentation, reports, and other materials (individually and collectively "XEROX Intellectual Property"). Client understands and agrees that all XEROX Intellectual Property (including all software upgrades, modifications, and customizations) provided under this Agreement shall at all times remain the property of XEROX. To the extent the System includes third-party software components provided by XEROX as part of the System, such third-party software will be subject to the provisions the software licenses provided by those third-party software vendors. The provisions of this Section shall survive termination of this Agreement.

XEROX hereby grants to Client a limited, non-exclusive, non-transferable, revocable license to use the XEROX Intellectual Property included in the System solely for the internal operations of Client, and only during the Term of the Agreement. XEROX represents and warrants that XEROX possesses all rights necessary to effectuate the license set forth in this Section. The license granted under this Section does not include the right to grant sublicenses for the XEROX Intellectual Property to any third party, including other persons, agencies, or other governmental entities that are not parties to this Agreement unless specifically set forth in Schedule A. Client and its employees and agents will not cause or permit reverse engineering of all or any portion of the XEROX Intellectual Property; will not distribute, disclose, loan, market, rent, lease, or otherwise transfer to any third party any portion of the XEROX Intellectual Property without prior written authorization by XEROX; and will not export any XEROX software products in violation of federal export laws or regulations. The provisions of this Section shall survive termination of this Agreement.

8. OWNERSHIP, USE, AND RETURN OF DATA

All information, records, documents, files, data, and other items relating to the business of Client (including indexes, film, and other data created or acquired by use of the System), whether prepared by Client or XEROX or otherwise coming into the possession of XEROX in connection with performing the Services or otherwise during the term of this Agreement shall remain the exclusive property of Client. Client may duplicate on electronic media the data entered into the System. Client will retain ownership of all data created by the use of the System. Any requirement for data conversion shall be included in the Services set forth in Schedule A.

9. PERFORMANCE AND SYSTEM WARRANTIES

XEROX warrants that: (a) the Services will be performed in a professional and workmanlike manner in accordance with generally applicable industry standards; (b) during the Term, any component of the System furnished to Client under this Agreement will be free from material defects and errors that would prevent the documented operational features of the System from functioning when used properly under normal conditions and in accordance with the documentation and instructions for use provided by XEROX; and (c) the System delivered by XEROX will not infringe on any copyright, patent, trade secret, or other intellectual property rights or proprietary rights of any third party.

2

65

The limited System warranty provided pursuant to clause "b" in the preceding paragraph shall not cover, and shall be void as to (i) any System component on which maintenance has been performed by a third party that has not been authorized in writing by XEROX; (ii) any System component that has been altered or modified by Client or any third party that has not been authorized to do so in writing by XEROX; (iii) any System component that is damaged due to the negligence or misconduct of Client or any third party; (iv) any System component that has been damaged as a result of failure to operate the System in accordance with documentation or operating instructions provided by XEROX; or (v) any failure due to a force majeure event or due to exposure to unusual physical or electrical stress. If any component of the System is believed to be defective, Client shall give XEROX prompt written notice that identifies each defect with specificity. XEROX will investigate and verify each reported defect. Upon verification by XEROX of a reported defect, XEROX shall (as determined by XEROX in the sole discretion of XEROX) repair, replace, or otherwise correct each verified defect at no cost to Client.

Neither party shall be responsible for delays or failures in performance as a result of limitations or problems inherent in the use of the Internet and electronic communications; force majeure events, including but not limited to Acts of God, war, terrorism, civil disturbance, labor dispute, weather, or climate change; or other cause beyond the reasonable control of a party.

THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE MADE TO CLIENT EXCLUSNELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. XEROX MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY SYSTEM COMPONENTS OR THE SERVICES PROVIDED UNDER THIS AGREEMENT, IN WHOLE OR IN PART. XEROX EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. TORT AND PROPERTY DAMAGE CLAIMS

Each party shall defend, indemnify, and hold harmless the other party (and its successors, officers, directors, and employees) from any and all liabilities, claims, and expenses of whatever kind and nature for injury to or death of any person or persons and for loss of or damage to any real or tangible personal property occurring in connection with or in any way incident to or arising under this Agreement, resulting in whole or in part from the negligent acts or omissions of the indemnifying party. The indemnified party shall promptly notify the indemnifying party, in writing, of any claim and shall reasonably cooperate with the indemnifying party in the defense and settlement of the claim. The provisions of this Section shall survive termination of this Agreement; provided however, that nothing herein shall be construed as a waiver of any government immunity by the County or its employees, respectively, as provided by statute or court decision.

11. INSURANCE

If XEROX performs any of the Services on Client premises, XEROX agrees to maintain standard insurance coverage in accordance with its corporate policy. Upon request, XEROX will provide evidence of coverage on a standard ACORD form certificate of insurance.

12. RISK OF LOSS OR DAMAGE TO HARDWARE

XEROX will bear the risk of loss or damage to any System component while in transit to Client installation site(s). Client will bear all risk of loss or damage to any System component after delivery to the installation site(s), unless the loss or damage is due to the negligence or willful acts of XEROX, its employees, agents, or representatives. XEROX will bear all risk of loss or damage to any System component on XEROX' premises.

13. LIMITATIONS OF LIABILITY

EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAY ABLE TO XEROX HEREUNDER, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING THE FEES OR OTHER CHARGES PAID BY CLIENT TO XEROX UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL EITHER PARTY TO THIS AGREEMENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITNE OR SPECIAL

3

66

DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY.

14. TERMINATION OF THE AGREEMENT

If XEROX materially breaches any of the terms and conditions set forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within thirty (30) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, Client may terminate this Agreement. Termination by Client shall be effective upon delivery of final payment to XEROX of all sums due under this Agreement to the effective date of the termination. Client agrees to discontinue use of all hardware, software, and other XEROX-owned materials no later than the effective date of termination and return the hardware, software, and other XEROX-owned materials to XEROX within thirty (30) calendar days after termination.

If Client materially breaches any of the terms and conditions set forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within forty-five ( 45) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, XEROX may terminate this Agreement for breach. Termination by XEROX shall be effective upon written notice to Client. Client agrees to discontinue use of all hardware, software, and other XEROX-owned materials no later than the effective date of termination and return the hardware, software, and other XEROX-owned materials to XEROX within thirty (30) calendar days after termination.

Either party may terminate this Agreement at the end of the Term or any Extended Term by providing sixty (60) calendar days written prior notice to the other party of the non-renewal of the Agreement.

This Agreement is subject to termination for convenience upon not less than thirty (30) days written notice to XEROX if Client has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by Client to secure the necessary funding and if no substitute arrangement is made by Client to obtain the same or similar Products or Services from another source.

15. RELATIONSHIP OF THE PARTIES

This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. XEROX and Client are independent parties, and neither party shall act as an agent for or partner of the other for any purpose. Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. XEROX shall not be restricted from providing products or performing services for others and shall not be bound to Client except as provided under this Agreement.

16. NOTICES TOP ARTIES

Unless otherwise specified in this Agreement, all notices, requests, or consents required under this Agreement to be given in writing shall be transmitted by facsimile, hand delivered, or mailed (first class postage prepaid) to the person indicated below. Each party shall notify the other, in writing, of any change in the designated addressee or related information.

To XEROX: ACS Enterprise Solutions, LLC 8600 Harry Hines Blvd., Suite 300 Dallas, TX 75235

Attn: Joe Buczakowski

Telephone: 315-437-1283

17. DISPUTE RESOLUTION

To Client: Macomb County Recorder/Clerk's Office 40 North Main Mount Clemens, MI 48043

Attn: Hon. Carmella Sabaugh

Telephone: 586-469-7953

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It is the intent of the parties that any disputes arising under this Agreement be resolved expeditiously, amicably, and at the level within each party's organization that is most knowledgeable about the relevant issues. The parties understand and agree that the procedures outlined in this Section are not intended to supplant the routine handling of inquiries and complaints through informal contact of the parties. Accordingly, for purposes of the procedures set forth in this Section, a "dispute" is a disagreement that the parties have been unable to resolve by the normal and routine channels ordinarily used for resolving problems. Pending the final disposition of a dispute other than a dispute arising out of the termination of this Agreement by either party, the parties shall, at all times, proceed diligently with the performance of this Agreement. Before either party seeks any remedies available at law, the parties shall sequentially follow the procedures set forth below:

(a) The complaining party will notify the other party in writing of the reasons for the dispute, and the parties will work together to resolve the matter as expeditiously as possible. A formal written response will not be required, but the responding party may put its position in writing in order to clarify the issues or suggest possible solutions.

(b) If the dispute remains unresolved fifteen ( 15) calendar days after the delivery of the complaining party's written notice, a senior representative of XEROX and the Client (or a representative of Client who has authority to act to resolve the dispute) shall meet or participate in a telephone conference call within ten (10) business days of a request for the meeting or conference call by either party to resolve the dispute.

(c) If the parties are unable to reach a resolution of the dispute after following these procedures, or if either party fails to participate when requested, then the parties may pursue any remedies available under this Agreement.

18. HEADINGS

The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.

19. SEVERABILITY

If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intention of the parties.

20. ASSIGNMENT

This Agreement shall be binding on the parties and each party's successors and assigns. XEROX may assign or otherwise transfer this Agreement and any rights, duties, or obligations under this Agreement to a corporate parent, subsidiary, or affiliate of XEROX. Any other attempt to make an assignment without prior written consent of the Client shall be void.

21. WAIVER OR FOREBEARANCE

Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party's right to demand strict compliance, irrespective ofthe number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. No waiver in any instance of any right or remedy shall constitute waiver of any other right or remedy under this Agreement. No consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall constitute consent to modification or reduction of the other obligations or forbearance of any other breach.

22. INJUNCTIVE RELIEF

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The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to proprietary and confidential information; the unauthorized use of any trademark, copyright, or other intellectual property of XEROX; or solicitation of XEROX employees or business customers may not be adequate for protection of XEROX, and accordingly XEROX shall have the right to seek injunctive relief to enforce the provisions of this Agreement, in addition to any other relief and remedies available.

23. CUMULATIVE REMEDIES

All remedies available to either party for breach of this Agreement by the other party are and shall be deemed cumulative and may be exercised separately or concurrently. The exercise of a remedy shall not be an election of that remedy to the exclusion of other remedies available at law or in equity.

24. SURVIVAL

Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement, will survive expiration or termination of this Agreement.

25. GOVERNING LAW

This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Michigan, without reference to the principles of conflict of laws. Lawsuits shall be brought in any court of competent jurisdiction in Michigan.

26. ENTIRE AGREEMENT

The contents of this Agreement (including the Statement of Work and any other schedules or attachments to this Agreement that are referred to and incorporated in this Agreement by reference) constitute the entire understanding and agreement between the parties and supersede any prior agreements, written or oral, that are not specifically referenced and incorporated in this Agreement. The terms and conditions of this Agreement shall not be changed or modified except by written agreement signed by both parties,

IN WITNESS WHEREOF, the undersigned authorized representatives of XEROX and the Client have executed this Agreement.

ACS Enterprise Solutions, LLC

By~ Printed Name: Joe Buzcskowski

Title: Vice President

Date: /-/J- ~&iS

Macomb County, MI

By: ______________________ ___

Mark Hackel County Executive Date: -----------------

By:(!_~ Carmella Sabaugh Clerk I Register of D~s Date: /- / 3 - / ::.

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SCHEDULE A STATEMENT OF WORK

1. OVERVIEW

This document has been prepared by Xerox Support Services Group (Xerox) and the purpose is to provide the Macomb County Register of Deeds office (Client) with an overview of our proposed solution which will provide Macomb County the ability to update and verify Property ID Number (PIN#) within the Hosted System Land Records database.

It is the Goal of the Client to create a Tract Index. This project supports validating and noting PIN# on current work as well as providing a vehicle to update any record in the Client Land Records Index database to ensure each of the indices has the correct and validated PIN# assigned.

The initial verification work will be done by select Register of Deeds staff. They will have a number of tools to help with this verification work including (but not limited to) access the County GIS system, license for 'Deed Check' (a third party software package) and visibility to the new Tract Master File created for this project.

• If they cannot verify the PIN# for a recording they will code the record with 'Q' which effectively routes the record to the Survey expert for the County.

• If they have verified the PIN# for a recording, the record will be coded as 'V' for verified.

To facilitate these efforts outlined in this proposal Xerox will provide the following:

Hardware: Four (4) workstations; dual monitors required for side by side viewing total of eight (8) Monitors; two (2) printers and two (2) Fujitsu scanners will be needed for this effort, one of the PC's will be housed in remote office in Warren, MI.

Software (3rd ~Five ( 5) licenses of 'Deed Check', one license will be used in remote office in Warren, MI.

Development:

1. New Tract Master File to be created along with all associated applications to allow for the management of this database by Client staff.

a. This file will be initially loaded using the data from the County Equalization (BS&A) database for current PIN#

b. If available, Xerox will load retired PIN# c. If available, Xerox will load Legal description for each PIN#.

2. Changes to the Hosted System Land indexing database:

a. New Status Flag will be activated in the Land Records database. b. New application that will allow this new flag to be updated as well as changes and additions to the PIN#

value assigned to the recording that resides in the Land Records Index database. c. This new maintenance application will allow for 'Filtering' of the content based on the verification flag.

1. The remote location will see only those records that they have been requested to view. n. The Register of Deeds office user will be allowed to apply a filter by flag value when viewing

recordings.

3. Additional programming work will be done on the existing transmittal collection and logic to pass through the GSA processing. The Super Index style page will also be updated to accommodate the new status.

a. Current value 'P' for Official Registry shows in the navigation but no message is displayed on the record -this will remain unchanged when the Status is 'P' and the new flag is' ' ..

b. Future value of 'P' and 'V' will put a message in the location currently on the style page for the Super Index a message: Official Registry Record with Property ID verified

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2. FUNCTIONAL and DATA FLOW

The Client is creating process and procedure for the Register of Deeds staff that covers the steps that need to be performed for each document based on the Property Type. The process shown below outlines the steps and what tools will be used by the staff to validate a PIN# and update the Land Records database.

Xerox will provide the new application deliverables as Web applications which will allow access for those with the appropriate credentials from inside or outside of the County.

Macomb County Pin Number Validation

-E <I>

.<:: '-' "0

:E 0

View Merged byOate

Alter ';I. flag=

Procea Changes to

GSA END

3. STATEMENT OF WORK (SOW)

1. New PIN# Master File.

Change Flag V= Verified

This is a new file that will be initially populated by the data provided by the Macomb County Equalization Department.

a. Required to keep track of PIN# that have been split up to 10 instances b. Date for PIN# (to be keyed by end user) c. Private Claim codes (3 digits - and can I will be null for most records) d. Property Address (No./ Direction/Street Name/City/State/Zip) e. Legal Description for the property (1500) characters.

NOTE; at this time we are not certain where this legal description will come from but over time the Client will populate the legal description for all PIN# in the system to support the validation process.

New Program(s) will be written to allow the County to manage the contents of this file (Add/Update/Print).

2. A new Flag (1 Alpha) will be activated in the Hosted System Land and this requires changes to some existing applications (for visibility).

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A new maintenance program will be created that controls the following:

a. Filter view based on the value of the new Flag. The initial value for all records will be' 'blank .. 1. The ROD office will have access to all records regardless of the Status but a filter will allow them to

restrict the results. n. The Letter 'Q' will denote that the record needs the attention of the Survey team. These have been

coded as 'Question' by the ROD staff.

b. The new maintenance program will display all PIN# records for a requested index in the Land Records Database:

1. PIN# -a thirty (30) position field. NOTE: There can be an unlimited ofPIN#'s indexed to a given recording and each will be available.

11. The Program must allow end user to ADD additional PIN# data if needed. 111. The FLAG field can be updated based on the determined value list. IV. All updates will be tracked to facilitate keeping the Super Index in synchronization with the Land

Records database.

3. Additional programming work will be done on the transmittal to the Super Index to cover the new status of records based on the FLAG. Changes to the Style page will be made as follows:

a. Current value 'P' for Official Registry shows in the navigation but no message is displayed on the record -this will remain unchanged when the Status is 'P' and the new flag is ' '. .

b. Future value of 'P' and 'V' will put a message on the style page for the Super Index a message. Official Registry Record with Property ID verified

4. Deliverable Time Line (ESTIMATED)

8/17/2014 9/18/2014 10/24/2014 11/25/2014 New PIN# Master File Installation of new HW and 'Deed Check' Software New Maintenance Application Full testing and verification on feed to Super Index

8/4/2014 11/30/2014

5. FEES and PAYMENT SCHEDULE

The following outlines the purchases, programming & testing hours for each phase:

1. Tract Master File a. Finalize fields b. DataLoad

i. PIN# and Property Address ii. Retired PIN#

iii. Legal Descriptions c. Maintenance Programming

2. Hardware Configuration as follows: a. 4 Workstations w/ DUAL monitors b. 2 HP printers c. 2 Fujitsu Scanner

3. Software Purchase (5 licenses of Deed Check w/Maintenance)

4. Develop/Test New Maintenance Application a. (external authentication)

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$ 6,000

$22,000

$ 4,180

$ 18,000

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5. Develop/Test updates to Super Index collection and presentation $ 3,000

Toal cost $53180

6. REVIEW and ACCEPTANCE

1. For each project milestone deliverables, Client shall have ten (10) business days after installation or delivery of the functionality or deliverable and notification to Client by Xerox that the functionality or other project deliverable is ready for review to inspect and accept the functionality or deliverable to accept it. If Client declines to accept all or any part of the functionality or deliverable, Client will provide Xerox a written description of the deficiencies and a reasonable opportunity to cure those deficiencies. If Client does not accept the functionality or deliverable, upon receipt of written description of the deficiencies, Xerox will undertake to correct or remedy the deficiencies. This process will continue until the Client either accepts the deliverable or functionality or Xerox provides written notice that a correction or remedy cannot be completed.

2. For any iteration of the functionality or deliverable, Client will indicate acceptance or non-acceptance of the functionality or deliverable in writing. If Client does not give written notice of acceptance or non-acceptance (with list of deficiencies) to Xerox within the ten (10) business day period, the functionality or deliverable will be deemed accepted by the Client. Xerox will invoice Client upon Acceptance or deemed acceptance.

3. Client understands and agrees that minor defects (i.e., defects that do not inhibit the function from operating in substantial accordance with agreed upon specifications) shall not constitute grounds for declining to accept the functionality or other deliverable. Minor defects may be corrected in subsequent releases provided by Xerox as part of the ongoing warranty or maintenance.

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2/4/15

Discussion / Actions on amendments to 2015-16 Board Rules (Round 2) The following Board Rule amendment proposals were tabled at the 1/20/15 Government Operations Committee meeting to be discussed at the 2/10/15 Government Operations Committee meeting:

• General – Add a provision to default to Robert’s Rules of Order for any rules that have not been explicitly outlined

• Section 8.G.2 – Establish a two-third vote for a motion to call the question.

Current Text G. The following motions will be in order: … 2. To call the question.

• Section 16.A.7 – Eliminating the provision to have public participation, at the beginning of each meeting, to be related only to issues contained on the agenda

Current Text A. The Order of Business of the Board at regular meetings shall be as follows: … 7. Public participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda).

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