board of commissioners - macomb county · board of commissioners 1 s. main st., ... routing slip...

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

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

FINANCE COMMITTEE

THURSDAY, APRIL 11, 2013

FINAL AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda 4. Chairman’s Comments 5. Approval of Minutes dated March 14, 2013 (previously distributed) 6. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda) 7. Recommendations from 4-8-13 Government Operations Committee Meeting: a) Contract with Bellanca Labarge, P.C./Clerk/Register of Deeds ($214,000)(page 1)(attached) b) Contract with ACS Enterprise Solutions, LLC, for Computer Index (attached) Improvements of Tax ID Numbers and Addresses/Clerk/Register of Deeds ($41,250) (page 19)

c) Contract with ACS Enterprise Solutions, LLC, for Computer Index (attached) Improvements of Name Field Standardization/Clerk/Register of Deeds ($977,500) (page 39)

d) Budget Amendment/Clerk/Register of Deeds/Concealed Pistol License (attached) Processing Lobby Counter Purchase & Two Temporary Workers ($35,200) (page 58) e) Budget Amendment/Clerk/Register of Deeds/Automation Fund-Contract (attached) Services ($41,250) (page 63) f) Budget Amendment/Clerk/Register of Deeds/Automation Fund-Contract (attached) Services ($977,500) (page 65)

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

District 4 District 11 District 10 Toni Moceri – 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

FINANCE COMMITTEE FINAL AGENDA APRIL 11, 2013 PAGE 2 8. Adoption of Resolutions: a) Supporting Tax-Exempt Municipal Bonds (offered by Miller) (page 67) (attached) b) Supporting Expansion of the Medicaid Program Under the Patient (attached) Protection and Affordable Care Act (offered by Moceri) (page 68) (revised resolution is attached) 9. Correspondence 10. Adoption of Proclamations: a) Commending Jane Cassidy – Retirement from MEA-NEA Local 1 (attached) (offered by Flynn) (page 78)

b) Honoring Father Giulio Schiavi – 50th Anniversary (offered by Sabatini (attached) and Smith) (page 79)

11. New Business 12. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson) 13. Adjournment

MEMBERS: Miller-Chair, Moceri-Vice-Chair, Boyle, Brown, Carabelli, Flynn, Klinefelt, Mijac, Sabatini, Sauger, Smith, Tocco and Vosburg.

1

To:

From:

Date:

RE:

Macomb County ExecutiveMark A. Hackel

Mark F. DeldinDeputy County Executive

David Flynn} Board Chair

Pamela J. Lavers} Assistant County Executive ff:-April 2} 2013

Agenda Item - Clerk/Register of Deeds} Bellanca LaBarge} P.C. Contract

Attached you will find documentation and a resolution from County Clerk/Register ofDeeds} Carmella Sabaugh} to authorize the Clerk/Register of Deeds to enter into aprofessional services contract with Bellanca Labarge} P.c.} to develop and implement therecommended processes} agreements and policies needed to establish a tract index inthe Office of the Macomb County Register of Deeds at a cost not to exceed $214}000 overtwo years. Funds are available in the Register of Deeds Automation Fund #27023601} theuse of which is restricted by state law to automation and technology improvements in theOffice of the Register of Deeds.

The Executive Office respectfully submits this agenda item for the Commission}sconsideration and recommends approval of the Bellanca Labarge} P.c. contract as statedabove.

PJL/smf

cc: Todd Schmitz

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

2

MACOMB COUNTY1 MICHIGAN

RESOLUTIONResolution to:

Authorize the Clerk / Register of Deeds to enter into a professional services contract withBellanca LaBarge, PC, to develop and implement the recommended processes,agreements and policies needed to establish a tract index in the Office of the MacombCounty Register of Deeds at a cost not to exceed $214,000.00 over two years. Fundsare available in the Register of Deeds Automation Fund #27023601, the use of which isrestricted by state law to automation and technology improvements in the Office of theRegister of Deeds. Further, authorize the transfer in this fund of $214,000 from NewEquipment 97002 to Contract Services - Professsional 80142 with any remaining fundscarried over each budqet year for use durinq this two-year contract. GI

Commissioner Tocco, Government Operations Committee Chair

Additional Background Information (If Needed):

In 2012 the Clerk/Register of Deeds, per Commission approval, hired the professionalservices of Cwiek, Irving PC to provide a study, assessment, and recommendation as thefirst step toward the formation of a real estate tract index. This was publicly bid throughthe county process (Bid Item 20-11). For the second phase of this project, thePurchasing Department sent out RFP #07-13 and received sealed bids. The only bidderwas Bellanca LaBarge, P.C. The RFP, bid response and negotiated contract areattached.

Committee Meeting Date

cbedar

Typewritten Text

Government Operations4-8-13 Finance4-11-13

3

ROUTING SLIPCONTRACT REVIEW REQUEST

ORIGINATING DEPARTMENT INFORMATION

Department Leader:

Carmella SabaughDepartment:

Clerk / Register of DeedsDate:

03/28/2013

D Approved with changesReturn to Contract Management.

hIE~~~~~1nl.~ ~J- '"3/2k/15 ~ APR 1 2013 I~

Cl)

Authorized Signature Date RfSk Management &Safety

Contract Contact Person:

2. RiSk Management·

D ApprovedSend to Finance.

3. Finance Department·

Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:


fWApprovedSend to Corporation Counsel.

4.Authorized Signature

Office of Corporation Counsel·

"C

·I.RECEIVED0::0..-E~ ~ APR 0 1 2013

1::co

~ MACOMB COUNTYFINANCE

Authorized Signature

D ApprovedSend to aCE.


5. Office of County Executive·

~ ApprovedIf required, send to BOC.

If not, return to Contract Management.


~.~

Cl) ••0::0..-E

" lii.l9

±2vvy I ~uf.J~ -t-/-l---L..--;::;--;-------'--I_~__ I00

Authorized Signature Date

EXECUTIVEOFFICE

RECEIVED

4

CONTRACT REVIEW REQUESTORIGINATING DEPARTMENT INFORMATION

Department Leader: Department: IDate:

Carmella Sabaugh Clerk / Register of Deeds. 03/28/2013Contract Contact Person: Contact Phone Number: NOTE: Contracts are retumed interoffice mail unless specified below:

Todd Schmitz· 469-5122 o Call for Pick Up: #

• , . -. . , .. , •Contract I Program Title: IOCECode:

Contract for professional services to implement tract indexVendor Number (if known): Vendor Name:

Bellanca, LaBarge, P.C.Vendor Disclosure ~Yes

Form Attached: No

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

$ 214,000.00 $ $ 214,000.00 27023601 180142Contract Begin Date: Amendment Date: Contract End Date:

oQ78lr1Oi~04/11/2013 04/10/2015 04/08/2013Contract: If Renewal or Amendment, what terms have changed (if any):

~Amendment Number:

lEI New~~cfD Renewal

D Amendment ~ OU/ft:J-/7tf'lJ~Contract Bid: If not bid out, please explain: Lowest Bid: If not lowest bid, please explain: ~1~~ltiJlEI Yes EJ Yes

~ eon, ,DNa No

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

07-13 1 ILl Yes

ILl No - Explain:Contract I Program Synopsis:

To develop and implement the recommended processes, agreements and policies needed toestablish a tract index in the Office of the Macomb County Register of Deeds. The automation fundis dedicated to projects like this and funds are available.

OTHER CONTRACT INFORMATION

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

In CONTRACT DOES NOT REQUIRE BOARD OF COMMISSIONER ApPROVAL.

IXI CONTRACT DOES REQUIRE BOARD OF COMMISSIONER ApPROVAL. ATTACH COVER LETTER AND RESOLUTION FORM,

PLEASE CHECK APPROPRIATE ITEM BELOW:IE] 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

D 2. AWARDING A CONTRACT OF $1 00,000 OR MORE FOR CONSTRUCTION.

[J 3. AWARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT.

D 4. AWARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH.

S 5. EMPLOYER PAID FRINGE BENEFITS.

6. COLLECTIVE BARGAINING AGREEMENTS.

D 7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY CHARTER SECTION 3.1.

5

To: Mark DeldinDeputy County Executive

From: Carmella Sabaugh

Clerk 1Register of Deeds

SUBJ: CONTRACT/PROGRAM REVIEW REQUEST

m·~(J.a L

~ 1118 ~1 0(. .

"*'''5''''0,.~Mark A. HackelCounty Executive

Title: Contract for professional services to implement tract index

Dept: Register of Deeds

Date: 03/22/2013

[{] Initial D Revision D Extension

Contact Person: Todd Schmitz

Telephone Number: 9-5122---------

D Final DOther: ---------

RECEIVED)di~~<""2.. .!, ~ E

.o~0 H MAR 2 2 2013I f.,/.,..L--1. ~

o~

CORPORATION COUNSELDated: --------

'---

Approved: ~~~~~"2t::::::~~~.Dated:

Rejected*: --------

Finance Department

Dated: --------

Approved: ---------Rejected*: ---------

d~E

Date : ~,;;--------U.a~

Risk Manager

Approved: ---------Rejected*: ---------

Office of County Executive

Dated: ----If ij.",~~~~~\~~Dated: ~\

--------Risk Management & Safety

Dated: --------

Approved:

Rejected*: ---------

~E

Dated: ~ ~--------i~...0:

Contract/Program Synopsis:

To develop and implement the recommended processes, agreements and policiesneeded to establish a tract index in the Office of the Macomb County Register of Deeds.That automation fund is dedicated to projects like this and funds are available.

*When rejected Attach Explanatian Rev.l- 07/21/2011

6

Date


County of Macomb

One South Main, 8th Floor

Mount Clemens, MI 48043

Carmella SabaughMacomb County

Clerk/Register of Deeds Betty A. OlekslkDeputy Register of Deeds

,

Clerk / Register of Deeds

REQUEST APPROVAL / ADOPTION OF

Contract for professional services to implement tract index

SUBJECT:

Contract with Bellanca LaBarge, P.C. to provide professional services for the Register of Deeds officeto implement a tract index.

ITIS RECOMMENDEDTHATTHE EXECUTIVE SUBIVIITTOTHE BOARD: .•'. .'.

A resolution to authorize the Clerk I Register of Deeds to enter into a professional services contract with BellancaLaBarge, PC, to develop and implement the recommended processes, agreements and policies needed to establish atract index in the Office of the Macomb County Register of Deeds at a cost not to exceed $214,000.00 over two years.Funds are available in the Register of Deeds Automation Fund #27023601, the use of which is restricted by state law toautomation and technology improvements in the Office of the Register of Deeds. Further, authorize the transfer in thisfund of $214,000 from New Equipment 97002 to Contract Services - Professsional 80142 with any remaining fundscarried over each budget year for use during this two-year contract.

PURPOSE !JUSTIFICATION: .•". '" '..../

To develop and implement the recommended processes, agreements and policies needed to establisha tract index in the Office of the Macomb County Register of Deeds.

FISCAL IMPACT I FINANCING: .'.

The automation fund is dedicated to projects like this and funds are available.

Clerk'$ Office40 N. MOil Sf.

• "~ ,,-.• r-h ... ,_, .• '''''-',Cj

586-469-5120fox' ,586~7133·81a4

I', tip: iiwww rnocombcountymi ,go'<'iclerksofflcec1erk50ffice@macombcount','ml.go','

Fox-or.-DemandrVlichigan: i -881:'"c}9-CLERKOut-of-StOt6': 310·575-5035

Reglstill-f or Deeds10 N, MoinSt.

586-469·sn 75Fox; 586-469-51 SO

htp:/,.'INW·\'V,f1)ocomt)cO'.}!'1Iyfni. gov/regisferdeedsregislerCleerJM;Pmaccmbcountymi.gov

7

Contractfor professional services to implement tract index

Clerk / Register ofDeeds

FAcTSAND PROVISION I LEGAL REQUIREMENTS: ..•

In 2012 the Clerk/Register of Deeds, per Commission approval, hired the professional services ofCwiek, Irving PC to provide a study, assessment, and recommendation as the first step toward theformation of a real estate tract index. This was publicly bid through the county process (Bid Item20-11). For the second phase of this project, the Purchasing Department sent out RFP #07-13 andreceived sealed bids. The only bidder was Bellanca LaBarge, P.C. The RFP, bid response andnegotiated contract are attached.

CONTRACTING PROCESS:

IMPACT oN CURRENT SERVICES (PROJECTS):This resolution enables the Register of Deeds' Office to continue its efforts to enhance access to its records andimprove real estate search services by implementing processes to code recorded documents with parcelidentification numbers and establishing a web-based tract index solution. The proposed tract index will enablethe public to search and confirm the title history of Macomb County property based upon a property address orparcel identification number. Unlike a grantor-grantee index, a tract index is necessary to determine claims andinterests recorded against specific tracts and parcels of property when the identity of the owners is unknown.The establishment of a tract index in Macomb County is critical for future growth and development in the county.

Respectfully submitted,

Signatu

Carmella SabaughClerk I Register of Deeds

21Page

8

CONTRACT FOR PROFESSIONAL SERVICES FORMACOMB COUNTY CLERK-REGISTER OF DEEDS

THIS CONTRACT is between the County of Macomb, Michigan, a body corporate and CharterCounty, acting by and through the Macomb County Clerk-Register of Deeds and BellancaLaBarge, P.C., a Michigan Professional Corporation, (the "Contractor").'

1. AUTHORIZED ENGAGEMENT OF CONTRACTOR

1.01 The Macomb County Board of Commissioners, pursuant to Resolution No.____, attached hereto as Appendix A, has authorized the County Clerk-Register of Deedsto engage the Contractor to perform certain Professional SerVices to implement a Tract Index andother related services in the OffiCe of the Macomb County Register of Deeds according to theterms contained in this Contract. .

1.02 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

2.01 The Contractor agrees to perform the Services described in Appendix B,attached hereto and incorporated herein by reference. Contractor agrees that no work outside thescope of services described in Appendix B will be compensated by the County without a written,signed change order, and performing any such work is done solely at the Contractor's risk.Contractor shall perform all such services in a satisfactory manner, as determined by the CountyClerk-Register of Deeds.

2.02 If there is any dispute regarding the Scope of the Services to be. performed bythe Contractor, the interpretation and determination of the County Clerk-Register of Deeds shallgovern.

2.03 The Services include all conferences and consultation deemed necessary andappropriate by the County Crerk-Register of Deeds to properly and fully perform the Services.

2.04 This Contract shall be for a period of up to two (2) years, from the date ofcommencement on April 1, 2013, and ends March 31, 2015. The Contractor must expedientlyperform the Services to achieve the objectives of this Contract.

3. ADMINISTRATION

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

A. Probable delays or adverse conditions which do or may materially prevent themeeting of the objeCtives of the Contract. The Contractor must accompany thisdisclosure with a statement of any remedial action taken or contemplated by it;and

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

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

1

9

4. COMPENSATION

4.01 Macomb County and Macomb County Clerk-Regisfer of Deeds agrees tocompensate and reimburse the Contractor for actual expenses; but, all expenses, including butnot limited to reimbursement expenses, are part of the amount that this contract shall not exceed'$214,000. Contractor understands that Contractor may have to reduce the humber of hoursbilled in order to keep hours and expenses below the contract limit. The compensation andexpenses includes all remuneration to which the Contractor may be entitled for Services

. described in AppendiX B. Compensation and expenses for the Services performed by Contractoras described in Appendix B will not exceed $ 214,000.00.' '

. 4.02 The County will pay for the proper performance of the Services, commensuratewith the progress of the work as evidenced by the timely performance of the Services, and after itreceives an invoice for payment. The invoice must certify the cost of all SerVices for that billingperiod and describe the Services rendered. If the invoice also requests reimbursement orpayment for reimbursable expenses, the appropriate receipts must be attached. The Contractormust sign the invoice and transmit it monthly to the Macomb County Clerk-Register of Deeds foreach calendar month services are performed.

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

4.04 The Contractor may be required to submit as part of the invoices, regularprogress 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 bemodified'in writing by mutual agreement of the parties.

,5. RELATIONSHIP OF PARTIES

5.01 The relationship of the Contractor to Macomb County or the Macomb CountyClerk-Register of Deeds is and will continue to be that of an independent contractor. No liabilityor benefits, such as workers' compensation, pension rights, or insurance rights, arising out of, orrelated to a contract for hire or employer/employee relationship, accrues to either 'party or eitherparty's agent, subcontractor or employee as a result of this Contract. No relationship, other thanthat 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 30days written notice. Upon termination of the Contract, neither party shall incur any fUl~ther liability.The termination notice must specify the effective date, and the Contract will terminate as if thedate 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 Contractand the transfer of all assets or property, tangible or intangible, as may be necessary for theorderly, non-disrupted business continuance of each party.

7.' ASSIGNMENT'

7.01 Contractor will not assign or in any manner transfer this Contract, or any part orparts hereof, or interest herein, or subcontract for any Services, equipment or operations withoutthe prior, written consent of Macomb County and Macomb Clerk-Register of Deeds. Anyunauthorized assignment or transfer will be considered a breach of this Contract and result in thecancellation of the Contract at the Macomb County Clerk-Register of Deeds discretion. Consentby the Macomb County Clerk-Register of Deeds to one or more assignments of this Contract willnot operate to exhaust the Macomb County Clerk-Register of Deeds rights under this Article.

2

10

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 ANDby first-class mail to the following addresses:

If to the Contractor:

Patricia Irving CwiekBellanca LaBarge, PC20480 Vernier Rd.Harper Woods, MI 48225(313) [email protected] to Macomb County:

Carmella SabaughMacomb County Clerk-Register of Deeds of Deeds40 North Main, 1st FloorMt. Clemens, MI [email protected](586) 469-7939

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

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

9. COMPLIANCE WITH APPLICABLE LAWS AND POLICIES

9.01 The Contractor shall comply with applicable Federal, State and Macomb CountyCharter Ordinances and 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 thepersonal jurisdiction of any competent court in Michigan, for any action arising ·out of thisContract. Service of process at the address and in the manner specified in this Contract ""ill besufficient to put the Contractor on notice. The Contractor will not commence any action againstthe 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 ofMacomb, State of Michigan unless original jurisdiction is in the United States District Court for theEastern District of Michigan, Southern Division, the Michigan Supreme Court or the MichiganCourt of Appeals.

11. TAX REPORTING

11.01 The County Clerk-Register of Deeds shall not be obligated to make payments tothe Contractor prior to the County's receipt of information necE?ssary to enable it to comply with itsreporting or other legal obligations under the Internal Revenue Code and similar provisions of

J

3

11

state or local law. The Contractor is an independent contractor and'shallbe responsible for thepayment of any and all taxes to the federal government, the State of Michigan or any other statewhere the Contractor may reside. The Contractor will be issued an appropriate 1099 form asrequired by federal and .state law..

12. . INDEMNIFICATION AND INSURANCE

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

12.02 Contractor will be required to maintain Professional Liability InsurancE:! withminimum limits of $1,000,000 (one million dollars) each occurrence and $2,000;000 (two milliondollars) aggregate. The County of Macomb shall be named additional insured on any policy andthe underwriters will have no right of recovery or subrogation against the County of Macombincluding its agents, employees, elected and appointed officials and agencies. Upon request bythe County Clerk-Register of Deeds, Contractor shall provide the County with proof of saidinsurance.

13. MISCELLANEOUS

13.01 The Contractor covenants that it is not, and will not become, in arrears to theCounty upon any contract, debt, or any other obligation to the County, induding real property andpersonal property taxes.

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

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

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

13.05 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 anyparticular article, section, or other subdivision.

13.06 The headings of the articles in this Contract are for convenience only and mustnot be used to construe or interpret the scope or intent of this Contract or in any way affect theContract.

13.07 As used, the singular includes the plural, the plural includes the singular, and theuse of any gender is applicable to all genders.

13.08 The Contractor agrees to comply with all applicable laws and regulations, andhas provided the County with assurance that it will comply with its living Wage Policy and aCertification of Compliance with requirements of the"Federal E-Verify Program.

13.09 No failure by a party to insist upon the strict performance of any term of thisContract or to exercise any term after a breach constitutes a waiver of any breach or term. Nowaiver 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. . .13.10 This document, inclUding Appendices, and RFP and Contractor"s responses,

contains the entire agreement between the parties and all prior negotiations, communications andagreements 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 madeany representations except those expressly set forth herein.. 13.11 If any provision of this Contract or the application to any person or circumstanceis, to any extent, judicially determined to be invalid or unenforceable, the remainder of theContract, 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.

4

12, L( l"

14. SIGNATURE

14.01 Macomb County, the Macomb County Clerk-Register of Deeds and theContractor, by their authorized officers and representatives have executed this Contract.

Macomb County:

By: _

Its:--------

Macom,b County Clerk-Register of Deeds

Date: _

BY~~Carmella SabaughIts: CLERK-REGISTER OF DEEDS

Bellanca LaBarge, P.C.

5

Date: _~_-_I~_I_~__

Date '-"(d41....../3=----

13

APPENDIX B

Scope of Services: Macomb County Clerk - Register of Deeds Tract Index ImplementationProject

A. OBJECTIVE OF SERVICES

The firm of Bellanca LaBarge, PC will provide professional and support services to theMacomb County Clerk-Register of Deeds relative to the implementation of a tract index systemfor the Register of Deeds' Office.

B. SCOPE OF SERVICES

A three-pronged approach to this implementation project is contemplated, based onthe analysis and assessment of the requirements previously undertaken to identify the tasksnecessary to implement tract index functionality in Macomb County.

1. Tract Index History

The approach to this project will be multifaceted and require approximately 2 years.The first and most critical task is the immediate establishment of tract index functionality forhistorical and current land records. The most expeditious method of acquiring this functionalityis to partner with a private title plant that has maintained a data base and geographic index toMacomb County land records for the past 40 years.

As the assessment report to the Macomb County Clerk-Register of Deeds indicates, FirstAmerican Database Solutions DiVision/Data Tree Information Services, LLC (Data Trace/Tree)appears to be the only private title plant that currently maintains Macomb County land recordswith a geographic index capable of searching more than 40 years of records online. The DataTrace/Tree system has the capacity to access land records data through a geographic index forall transactions recorded in Macomb County since 1970.

The first task will be to negotiate with Data Trace/Tree to secure an agreement whichwould either: a) allow Macomb County Clerk-Register of Deeds to acquire and import the landrecords data and geographic index developed by Data Trace/Tree over the past 40 years; or b)permit Data Trace/Tree to post a link to its data and services on the Macomb County ClerkRegister of Deeds web site to allow the general public to access its index and images ofMacomb County land records using a Parcel ID number or other identifier.

14

BID ITEM: 07-13Macomb County Register of Deeds Tract Index Implementation

It is estimated that an agreement might be reached within 2-3 months after negotiationsbegin, depending upon the scope and nature of the agreement reached.

Negotiations with Data Trace/Tree will include a request on behalf of Macomb CountyClerk-Register of Deeds to purchase legacy or historical data. Inclusion of such a contractprovision will enable the county to acquire data linking the appropriate parcel ID to the Liberand Page of all documents recorded in the past several decades.

If negotiations produce a proposed contract, BELLANCA LABARGE, PC, will provideadvice and support to the Macomb County Clerk-Register of Deeds throughout the countyapproval process. It is estimated that the approval process will require an additional 2-4additional months after contract language is finalized.

If the County and Register of Deeds approves an agreement with Data Trace/Tree, butbefore any link is fully implemented, BELLANCA LABARGE, PC, will assist the Register of Deedsin coordinating processes, procedures, training and technical support between MacombCounty and Data Trace/Tree. The tasks necessary to implement this phase of the project willlikely take an additional 2-4 months after final approval of any agreement between the Countyand Data Trace/Tree.

Given all the variables and conditions relative to implementing a workable solution withData Tree/Trace, it is estimated that the tasks involved in the implementation of an interimtract index solution to search historical records will require a maximum of 350 hours at $150per hour.

2. Tract Index Services: Present- Day-Forward

In order to develop tract index functionality for the future, the Macomb County ClerkRegister of Deeds must assign tax parcel identification numbers on all documents recorded bythe Register of Deeds that refer to specific parcels of property. 1 The processes, systems andreports that will be developed by BELLANCA LABARGE, PC, to facilitate the assignment of parcelidentification numbers on recorded documents, may include the following:

A. Drafting, preparing any required RFP/RFQs, and providing administrativesupport relative to the identification and selection of qualified persons orentities for parcellD assignment services and/or data integration services;

1 The Office ofthe Macomb County Register of Deeds implemented a voluntary policy of requiring parcellD numbers to be assigned to alldocuments submitted for recording in November of 2011, but the assignment of such numbers is irregular and the numbers are not verified.

BELLANCA LABARGE, PC 2

15

BID ITEM: 07-13Macomb County Register ofDeeds Tract Index Implementation

B. Developing policies and providing advice relative to the integration of parcelID assignment processes with entry book functions and expanded electronicrecording processes;

C. Developing and re-engineering recording and entry book processes andsoftware modifications in conjunction with ACS assure to the expeditiousassignment and validation of parcel ID numbers on both paper andelectronic instruments submitted for recording;

D. Preparing an analysis and report comparing the qualifications and costsassociated with using county personnel, the current Macomb County ClerkRegister of Deeds computer vendor or an outside vendor to assign parcelidentification numbers. More specifically, the proposed analysis and reportwill include a comparison of the following items:

a. The ability, technical expertise and training of all personnel used toassign and verify parcel identification numbers in reading, plotting andmapping legal descriptions, surveys, plats and condominium plans;

b. The number of qualified staff, the cost and turnaround time it wouldtake if the county were to assign and validate parcel ID numbers to realestate records using ACS/Xerox services;

c. The number of qualified staff, the cost and turnaround time it wouldtake if the county were to assign and validate parcel ID numbers usingthe services of an outside vendor or non-county staff.

E. Providing administrative support and advice relative to the possible additionand classification or re-c1assification of county personnel in the MacombCounty Clerk-Register of Deeds Office to provide "in-house" parcel IDassignment services;

F. Coordinating relations between the Macomb County Clerk-Register ofDeeds and the land title and real estate industries relative electronicrecording policies and the integration of parcellD assignment processes;

G. Providing assistance in the development of department policies, proceduresand instruction manuals necessary to implement parcel ID assignment,electronic recording and tract index search functions;

H. Drafting proposed new fee ordinances consistent with state law and theCounty Charter to capture the costs of implementing new recordingprocesses and the provision of tract index services;

I. Performing budget and fee revenue analysis to support any new feeordinances, policies and schedules.

Reports and presentations will be provided to the Macomb County Clerk-Register ofDeeds subsequent to the completion of each of the items enumerated above. It is estimatedthat the foregoing tasks will require approximately 750 hours. This estimate does not includethe cost of experts that may be required to perform cost allocation studies, technicalassessments of computer software and hardware, or the cost of the parcel ID assignmentservices.


16

BID ITEM: 07-13Macomb County Register of Deeds Tract Index Implementation

3. Advice Regarding the Use of the Automation Fund

Bellanca LaBarge, PC will provide advice and assistance relative to the use andpurpose of the Automation Fund. The time estimated for the provision of this advice andassistance is approximately 326 hours.

4. Time Frame and Fees

Bellanca LaBarge, P.e. is prepared to commence work immediately upon notificationand approval of a contract by Macomb County. Time for project completion is estimated to beapproximately two (2) years from commencement date, assuming timely response by theMacomb County Clerk-Register of Deeds for all data requests and scheduling of necessary onsite activities. Reports, contracts, graphic analysis and presentations to the Macomb CountyClerk - Register of Deeds will be provided on a regular basis throughout the project.

The number of hours required to perform the services and tasks outlined in thisproposal are estimated to be 1,426 hours. Services will be billed at a flat $150 per hour, for anestimated total cost of Two Hundred and Fourteen Thousand Dollars ($214,000.00). Invoicesfor services performed on an hourly basis will be submitted monthly to Macomb County forpayment.

C. SUMMARY OF PRICING AND TERM

1. Services and Pricing/Cost per Unit

In response to Proposal Item 07-13, Register of Deeds Tract Index ImplementationProject, BELLANCA LABARGE, P.e. agrees to provide and perform the professional servicesdescribed in the foregoing Scope of Services, which outlines the specific tasks contemplated,the estimated quantity of units/ hours, and the cost per unit for all services and activities.

Total Estimated Hours (units): 1,426 hoursPrice per unit (hour): $150.00/hr

TOTAL ESTIMATED PROFESSIONAL SERVICES FEES: $214,000.00

PROPOSED COMPLETION TIME: 2 years


17

COUNTY OF MACOMBVENDOR DISCLOSURE FORM

The Macomb County ethics ordinance requires vendors of the County to complete and file adisclosure statement, the purpose of which is to disclose any financial relationships or otherconflicts of interest that may exist between vendors and employees or elected officials (or.their appointees) of the County. Once filed, the disclosure. form does not need to be updatedunless there is a change in circumstance that would cause the answer to any of the questionsto change, at which time an amended disclosure form must be filed. Filing of the disclosureform is considered a condition of payme·nt.

Vendor Name: IVendor Phone Number:

tsQ... \\C\f\Cq Lc..\Sa. r",e- \ poe, C51~) ~d--Iloo.Street Address: '-J ICity:

W~oJ)slState: I Zip Code:

').01--\cgn Vef""~~' R6a.c\ \4,0: ,p.t? \ ~T 4~")d<I

~NODYES

1. Does the vendor currently employ a relative of any employee, elected official or appointee of anelected official of Macomb County? Relative is defined as husband or wife, father or mother, sonor daughter, brother or sister, uncle or aunt, first cousin, nephew or niece, great uncle or greataunt, grandfather or grandmother, grandson or granddaughter, father-in-law or mother-in-law, sonin-law or daughter-in-law, brother-in-law or sister-in-law, stepfather or stepmother, stepson orstepdaughter, stepbrother or stepsister, half-brother or half-sister, the parents or grandparents ofthe individual's fiancee.

If yes, please answer the following:

A. Name of County employee or elected official (or appointee):

B. County PositionlTitle:

C. County Department or Agency:

2. Does any employee or elected official of Macomb County have an interest in the vendororganization in any of the following capacities, either compensated or non-compensated:director, officer, partner, beneficiary, trustee, member, employee or contractor.

DYES ~NO





D. PositionlTitle with Vendor:

18

County of!vkx:DmbVendor D/!sdo5Ure Forrn

3. Does any current employee or elected official of Macomb County have legal or beneficialownership of 10% or more of the outstanding stock- of the vendor organization?

DYES


l8J. NO


B. County PositionlTitle: -


. D. % of Ownership of Vendor Organization:

4. In the last five calendar years, has the vendor failed to perform or otherwise deliver on the termsof a contract or agreement with Macomb County, or any other public entity, including suspensionsor debarments?

DYES

If yes, please provide further explanation:

~NO

I hereby certify that the information included on this form is complete, true and accurate to the bestof my knowledge and belief. I understand that either myself or the organization to which this formapplies may be subject to sanctions and/or penalties as set forth in the ethics ordinance if anyinformation has been falsified or omitted.

Macomb County Purcha~ing DepartmentATTN: Vendor .ot~sclosure

10 N. Main, 13 FloorMt. Clemens, MI. 48043

03/18/2013 Rev. 1Page 2

19

To:

From:

Date:

RE:



David Flynn, Board Chair

Pamela J. lavers, Assistant County Executive~April 2, 2013

Agenda Item - Clerk/ROD, ACS Enterprise Solutions-Tax 10

Attached you will find documentation and a resolution from County Clerk/Register ofDeeds, Carmella Sabaugh, to approve the Register of Deeds contract with ACS EnterpriseSolutions, LLC for computer index improvements of tax ID numbers and addresses at arate of $150 per hour for 275 hours at a total cost not to exceed $41,250. This contractwill also identify records that need human review. Funds are available in the Register ofDeeds Technology Fund #27023601, which is restricted to Register of Deedsimprovements.

The Executive Office respectfully submits this agenda item for the Commission'sconsideration and recommends approval of the ACS Enterprise Solutions, LLC contract asstated above.

PJL/smf

cc: Todd Schmitz


20

MACOMB COUNTY, MICHIGANi:flJ·:\'! 0(. .iI't;l:""G,.~


Approve the Register of Deeds contract with ACS Enterprise Solutions, LLC for computerindex improvements of tax ID numbers and addresses at a rate of $150 per hour for 275hours at a total cost not to exceed $41,250.00. Funds are available in the Register ofDeeds Technology Fund 27023601, which is restricted to Register of Deedsimprovements.

Commissioner T9cco, Government Operations Committee Chair


From 1818 to present, tax identification numbers and addresses have changed over theyears due to city and township changes, zip code changes and tax splits. Even when thedata in subsequent transactions has not changed, it has been indexed differently over thedecades. This contract is to improve tax 10 and property address data, including addingmissing tax ID and/or property address data where a suitable match against Equalizationdata can be found. This contract will also identify records that need human review.


cbedar

Typewritten Text


21



Department Leader:


Clerk 1Register of DeedsDate:

03/28/2013NOTE: Contracts are returned interoffice mail unless specified below:Contract Contact Person:

Todd SchmitzContact Phone Number:

469-5122 D Call for Pick Up: #

D Rejected - Return to Department - See Below:

MACGio':, "~':::' ",-___..._ ... ..F.Hilh."i..'JiIIliCE.' _

2. Risk Management-

~ Approved A.Send to Finance. JJl.L~~J~~

o Approved with changesReturn to Contract Management. -3 - 'Z.-{p - I'5


"C

~.~

Ol ..0::0.-Ec: tilOl-E(/)1::til0.Olo

3. Finance Department -

~~provedSend to Corporation Counsel.

D Approved with changes I~Return to Contract Management. ~

AU"OfiZed&giiature

"C

~.~

Ol ..0::0.-Ec: tilOl-E(/)1::tilc.Olo

4. Office of Corporation Counsel -

Au- # A/4ti;.J..J~~

3 --7--:;: r "3

~pprovedSend to aCE.



"C

~.~

Ol ..O::c.-Ec: tilOl-E(/)1::tilc.Olo

5. Office of County Executive -

C1 Approved\ If required, send to BOe.


~.~

Ol ..0::0.-Eal.l!!

" '--~ E (/)

o AP:;t~:et~ ~~:~,:c~~~~::ement. :Q~11i~V-UV~ Y-L - I'~ 1_______________.A.u.tiiiho.niize.d.s.ig.niiaiiitu.re.. .Diiaiite o__.~D

22

CONTRACT REVIEW REQUEST.. . • . , . .. , •Department Leader: Department: IDate:

Carmella Sabaugh Clerk / Register of Deeds 03/28/2013Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Todd Schmitz 469-5122 o Call for Pick Up: #

• , . .. . , .. , •Contract I Program Title: laCE Code:

Register of Deeds computer index improvement: tax 10's, addressesVendor Number (if known): Vendor Name:

VOO046 ACS Enterprise Solutions, LLCVendor Disclosure ~Yes

Form Attached: No


$ 41,250.00 $ $ 41,250.00 27023601Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

04/11/2013 07/31/2013 04/08/2013Contract: If Renewal or Amendment, what terms have changed (if any): Amendment Number:[E] Newo Renewal

D Amendment

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

DYes Existing vendor DYes[gI No D NoBid Number: How many bidders responded? Winning bidder Macomb County Enterprise:

DYes

Fi No - Explain:

Contract I Program Synopsis:

From 1818 to present, tax identification numbers and addresses have changed over the years due tocity and township changes, zip code changes and tax splits. Even when the data in subsequenttransactions has not changed, it has been indexed differently over the decades. This contract is toimprove tax 10 and property address data, including adding missing tax 10 and/or property addressdata where a suitable match against Equalization data can be found. This contract will also identifyrecords that need human review. The automation fund is dedicated to projects like this and funds areavailable.



In CONTRACT DOES NOT REQUIRE BOARD OF COMMISSIONER ApPROVAL.

~ CONTRACT DOES REQUIRE BOARD OF COMMISSIONER ApPROVAL. ADACH COVER LEDER AND RESOLUTION FORM.

PLEASE CHECK APPROPRIATE ITEM BELOW:rn 1. AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE.

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

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

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

B.. 5. EMPLOYER PAID FRINGE BENEFITS.

6. COLLECTIVE BARGAINING AGREEMENTS.o 7. INTERGOVERNMENTAL AGREEMENTS AS DEFI NED BY CHARTER SECTION 3.1.

23



Clerk I Register of Deeds


1tJ~· ~

~ 1818 ~J 0(. .it~"'ICI"~

MarkA. HackelCounty Executive

Title: Register of Deeds computer index improvement - tax 10 numbers, addresses





3-22-13Date: --------------1,"1 Initial D Revision D Extension

RECEIVEDMAR 2 2 Z013

CORPORATION COUNSEL

Risk Management & Safety

d~~

Date : '-- H~~

~~

Dated:

Dated:

Dated:

Dated:

Dated: If:./~ t ..s 1!----"'------=:._--==---- []..o ~

/Dated:

Dated:--------

Approved: _


Approved:



Risk Manager


Approved:"-""'--"-----&-'-----"-----

Rejected*: --------


From 1818 to the present, tax identification numbers and addresses have changed overthe years due to city and township changes, zip code changes and tax splits. Even whenthe data in subsequent transactions has not changed, it has been indexed differently overthe decades. This contract is to improve tax ID and property address data, includingadding missing tax ID and/or property address data where a suitable match againstEqualization data can be found. This contract will also identify records that need humanreview. The automation fund is dedicated to projects like this and funds are available.

*When rejected Attach Explanation Rev. 1· 07/21/2011

24

Todd Schmit:i:Deputv Clem


Clerk/Register of Deeds Betty A. OleksikDeputy Register of Deeds

Date


County of Macomb

One South Main, 8th

Floor




Register of Deeds computer index improvement - tax ID's/addresses

SUBJECT:

Register of Deeds computer index improvement - tax ID numbers, addresses

IT IS RECOMMENDEQTHATTHEEXECUTIVE SUBMITTO THE BOARD:

A resolution to approve the Register of Deeds contract with ACS Enterprise Solutions, LLC forcomputer index improvements of tax ID numbers and addresses at a rate of $150 per hour for 275hours at a total cost not to exceed $41,250. Funds are available in the Register of Deeds TechnologyFund 27023601, which is restricted to Register of Deeds improvements.

I?LJRPOSE/'JUSTIFICATION:

From 1818 to present, tax identification numbers and addresses have changed over the years due to cityand township changes, zip code changes and tax splits. Even when the data in subsequent transactionshas not changed, it has been indexed differently over the decades. This contract is to improve tax 10and property address data, including adding missing tax 10 and/or property address data where asuitable match against Equalization data can be found. This contract will also identify records that needhuman review.

FISCAL IMPACT/ FINANCING:


Clerk'~ Office40N. Mo-n SL

586-469-5120"a:.;: .58&783-81&1

t·· np: l/w"""w rnocombcountymi.govlclerksofficeclerksoHice@mocoml::x:ountymi.go·~

F(lX-on-DemandMichigan' I-Bef\.99-CLERKOut-of·Stats: 310·57&5035

RegishiH or Deods10 N. Main St.

I J. I .. .~ .....

586-469-5" 75Fo;.:: 586-.409-51 30

http:I,l'w",,,w.macombcolJnt'{rT1i.gov/regi,terdee·:::IsregisterdeedS@moccmbcQul'rl'lmi.gDv

25

Register ofDeeds computer index improvement - tax ID's/addresses

Clerk I Register ofDeeds

FACTS AND PROVISION ILEGAL ~EQUIREMENTS: ....

The Macomb County Register of Deeds is required to provide public real estate records. Everyrecorded document can have multiple PIN's and multiple address records indexed for each. Through02/28/2013, there will be 6,172,818 records reviewed and corrected where suitable matches arefound.


IIVIPACT ON CURRENTS~RVICES(PROJECTS}:\ ....

This will greatly improve the ability of the public to detect real estate fraud and will make real estatetransactions more efficient.


Signatu

Carmella SabaughClerk / Register of Deeds

21Page

26

AGREEMENT FOR INFORMATION TECHNOLOGYPRODUCTS AND SERVICES

This Agreement for Information Technology Products and Services ("Agreement") is enteredinto by and between ACS ENTERPRISE, SOLUTIONS, LLC ("ACS"), a Delawarecorporation, with offices located at 8600 Harry Hines Blvd., Suite 300, Dallas, TX 75235, andMacomb County, MI, a govemmen~ entity ("Client"), with offices located at 40 North Main,Mount Clemens, MI48043. ACS 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 "EffectiveDate") and shall continue for a period of one year, unless otherwise extended or terminated by theparties 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 inherein, ACS will provide Client with the information technology products, software andmaterials (collectively, the "System"), and services ("Services") described in the Statement ofWork, annexed hereto as Schedule A. ACS agrees not to outsource any work regarding thisagreement to workers located outside of the United States of America for the duration of thisagreement.

3. PAYMENT

Client agrees to pay ACS for the System a-nd Services in accordance with the paymentprovisions set forth in Schedule A. ACS shall submit an invoice to Client for each paymentdue, and Client agrees to pay each 'invoice within thirty (30) calendar days after receipt. Thedate 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. ACSwill bear sole responsibility for all other expenses incurred in connection with the delivery ofthe System and performance of the Services. Expenses will be listed in each invoice. Uponrequest, ACS will support a request for reimbursement of expenses (other than per diemallowances) 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 beincluded in invoices submitted to the Client under to this Agreement. ACS may be considered alimited agent of the Client for the sole purpose of purchasing goods or services on behalf of theClient without payment of taxes from which Client is exempt. If ACS is required to pay taxes bydetermination of a proper taxing authority having jurisdiction over the Products or Servicesprovided under this Agreement, Client agrees to reimburse the ACS for payment of those taxes.

S. DELIVERY AND ACCEPTANCE

ACS will arrange for delivery of the appropriate System components to the Client

I,

27

installation site(s), as set forth in Schedule A. Shipment of the hardware shall be F.O.B. to thereceiving point at each installation site. ACS will pay reasonable transportation andinsurance charges for hardware delivered to the receiving point at each installation site. Allrequirements for acceptance and testing of the System or any System components shall be setforth in Schedule A.

6. CONFIDENTIALITY

With respect to information relating to Client's business which is confidential and clearly sodesignated ("Client Confidential Information"), ACS will instruct its personnel to keep suchinformation confidential by using the same degree of care and discretion that they use withsimilar information of ACS which ACS regards as confidential. However, ACS shall not berequired to keep confidential any information which: (i) is or becomes publicly available; (ii) isalready in ACS' possession; (iii) is independently developed by ACS outside the scope of thisAgreement; or (iv) is rightfully obtained from third parties. In addition, ACS shall not be requiredto keep confidential any ideas, concepts, methodologies, inventions, discoveries, developments,improvements, know-how or techniques developed by ACS in the course of its serviceshereunder.

Client agrees that ACS' methodologies, tools, ideas, concepts, know-how, structures, techniques,inventions, developments, processes, discoveries, improvements, proprietary data and softwareprograms, and any other informationjdentified as proprietary or confidential by ACS, which maybe disclosed to the Client, are confidential and proprietary information ("ACS ConfidentialInformation"). With respect to ACS Confidential Information, the Client shall keep suchinformation confidential by using the same degree of care and discretion that it uses with similarinformation of its own which Client regards as confidential. However, Client shall not be requiredto keep confidential any information which: (i) is or becomes publicly available; (ii) is already inClient's possession; (iii) is independently developed by the Client outside the scope of thisAgreement and without any reliance on ACS Confidential Information; or (iv) is rightfullyobtained from third parties.

ACS and Client shall use each other's confidential information only for the purposes of thisAgreement and shall not disclose such confidential information to any third party, other than asset forth herein, or to each other's employees, ACS' permitted subcontractors, or Client'spermitted 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, softwareprograms, equipment, designs, specifications, drawings, documentation, reports, and othermaterials (individually and collectively "ACS Intellectual Property"). Client understands andagrees that all ACS Intellectual Property (including all software upgrades, modifications, andcustomizations) provided under this Agreement shall at all times remain the property of ACS.To the extent the System includes third-party software components provided by ACS as part ofthe System, such third-party software will be subject to the provisions the softwarelicenses provided by those third-party software vendors. The provisions of this Sectionshall survive termination of this Agreement.

After the Term, it is Client's intent to negotiate with ACS terms regarding Client's control ofGoogle Search Appliance hardware.

ACS hereby grants to Client a limited, non-exclusive, non-transferable, revocable license to usethe ACS Intellectual Property included in the System solely for the internal operations of Client,and only during the Term of the Agreement. ACS represents and warrants that ACS possesses all

2

28

rights necessary to effectuate the license set forth in this Section. The license granted under thisSection does not include the right to grant sublicenses for the ACS Intellectual Property to anythird party, including other persons, agencies, or other governmental entities that are not parties tothis Agreement unless specifically set forth in Schedule A. Client and its employees and agentswill not cause or permit reverse engineering of alI or any portion of the ACS IntellectualProperty; will not distribute, disclose, loan, market, rent, lease, or otherwise transfer to any thirdparty any portion of the ACS Intellectual Property without prior written authorization by ACS;and wiII not export any ACS 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 ofClient (including indexes, film, and other data created or acquired by use of the System),whether prepared by Client or ACS or otherwise coming into the possession of ACS inconnection with performing the Services or otherwise during the term of this Agreementshall remain the exclusive property of Client. Client may duplicate on electronic media thedata entered into the System. Client will retain ownership of all data created by the use of theSystem. Any requirement for data conversion shall be included in the Services set forth inSchedule A.

9. RESPONSIBILITY FOR DATA BACKUP

Prior to ACS providing the System, ACS shall prepare and safeguard back-up copies ofall data that will be used in connection with the System. Throughout the Term, ACS will beresponsible for backing up all data contained in the System on a regular basis (and in allcases, immediately prior to the provision of any warranty or maintenance Services) inaccordance with standard industry back-up procedures. In accordance with the terms of theInformation Technology Agreement, dated as of April 25, 2011, by and between the parties, ACSshaH be responsible for the loss of Client data or software.

10. PERFORMANCE AND SYSTEM WARRANTIES

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

The limited System warranty provided pursuant to clause "b" in the preceding paragraph shallnot cover, and shaH be void as to (i) any System component on which maintenance has beenperformed by a third party that has not been authorized in writing by ACS; (ii) any Systemcomponent that has been altered or modified by Client or any third party that has not beenauthorized to do so in writing by ACS; (iii) any System component that is damaged due to thenegligence or misconduct of Client or any third party; (iv) any System component that has beendamaged as a result of failure to operate the System in accordance with documentation oroperating instructions provided by ACS; or (v) any failure due to a force majeure event ordue to exposure to unusual physical or electrical stress. If any component of the System isbelieved to be defective, Client shall give ACS prompt written notice that identifies eachdefect with specifiCity. ACS will investigate and verify each reported defect. Upon verificationby ACS of a reported defect. ACS shall (as determined by ACS in the sale discretion of ACS)

29

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 limitationsor problems inherent in the use of the Internet and electronic communications; force majeureevents, 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 TOCLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. ACSMAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITHREGARD TO ANY SYSTEM COMPONENTS OR THE SERVICES PROVIDED UNDERTHIS AGREEMENT, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALLWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.

11. 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 ofwhatever kind and nature for injury to or death of any person or persons and for loss of ordamage to any real or tangible personal property occurring in connection with or in any wayincident to or arising under this Agreement, resulting in whole or in part from the negligent actsor omissions of the indemnifying party. The indemnified party shall promptly notifythe indemnifying party, in writing, of any claim and shall reasonably cooperate with theindemnifying party in the defense and settlement of the claim. The provisions of this Sectionshall survive termination of this Agreement; provided however, that nothing herein shall beconstrued as a waiver of any government immunity by the County or its employees, respectively,as provided by statute or court decision.

12. INSURANCE

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

13. RISK OF LOSS OR DAMAGE TO HARDWARE

ACS will bear the risk of loss or damage to any System component while in transit to Clientinstallation site(s). Client will bear all risk of loss or damage to any System component afterdelivery to the installation site(s), unless the loss or damage is due to the negligence or willfulacts of ACS, its employees, agents, or representatives. ACS will bear all risk of loss or damage toany System component on ACS' premises.

14. LIMITAnONS OF LIABILITY

EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TOACS HEREUNDER, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BELIABLE TO THE OTHER PARTY HEREUNDER FOR ANY CLAIMS, PENALTIES ORDAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, INAN AMOUNT EXCEEDING THE FEES OR OTHER CHARGES PAID BY CLIENT TO ACSUNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL EITHER PARTY TOTHIS AGREEMENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY.

4

30

15. TERMINATION OF THE AGREEMENT

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

If Client materially breaches any of the terms and conditions set forth in this Agreement or failsto perform the obligations set forth in this Agreement and fails to cure the breach or failure withinforty-five (45) calendar days (or other reasonable period stated in the notice) after receipt ofwritten notice specifying the basis for the breach or failure to perform, ACS may terminate thisAgreement for breach. Termination by ACS shall be effective upon written notice to Client.Client agrees to discontinue use of all hardware. software, and other ACS-owned materials nolater than the effective date of termination and return the hardware, software. and other ACSowned materials to ACS within thirty (30) calendar days after termination.

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

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

16. RELATIONSIllP 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. ACS and Client are independent parties, andneither party shall act as an agent for or partner of the other for any purpose. Nothing in thisAgreement shall grant to either party any right to make any commitments of any kind for or onbehalf of the other party without the prior written consent of the other party. ACS shaH notbe restricted from providing products or performing services for others and shall not bebound to Client except as provided under this Agreement.

17. NOTICES TO PARTIES

Unless otherwise specified in this Agreement, all notices, requests, or consents required underthis 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. inwriting, of any change in the designated addressee or related information.

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

Attn: Hubert Auburn

5

To Client:Macomb County Recorder/Clerk's Office40 North MainMount Clemens, MI 48043

Attn: Hon. Carmella Sabaugh

31

Telephone: 214-956-6365Facsimile: 214-902-5058

18. DISPUTE RESOLUTION


It is the intent of the parties that any disputes arising under this Agreement be resolvedexpeditiously, amicably, and at the level within each party's organization that is mostknowledgeable about the relevant issues. The parties understand and agree that theprocedures outlined in this Section are not intended to supplant the routine handling ofinquiries and complaints through informal contact of the parties. Accordingly, for purposesof the procedures set forth in this Section, a "dispute" is a disagreement that the parties havebeen unable to resolve by the normal and routine channels ordinarily used for resolvingproblems. Pending the final disposition of a dispute other than a dispute arising out of thetermination of this Agreement by either party, the parties shall, at all times, proceed diligentlywith 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. Aformal written response will not be required, but the responding party may put itsposition 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 thecomplaining party's written notice, a senior representative of ACS and the Client (or arepresentative of Client who has authority to act to resolve the dispute) shall meet orparticipate in a telephone conference call within ten (IO) business days of a request for themeeting 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 theseprocedures, or if either party fails to participate when requested, then the parties maypursue any remedies available under this Agreement.

19. HEADINGS

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

20. SEVERABILITY

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

21. ASSIGNMENT

This Agreement shall be binding on the parties and each party's successors and assigns. ACS

6

32

may assign or otherwise transfer this Agreement and any rights, duties, or obligations underthis Agreement to a corporate parent, subsidiary, or affiliate of ACS. Any other attempt to makean assignment without prior written consent of the Client shall be void.

22. WAIVER OR FOREBEARANCE

Any delay or failure of either party to insist upon strict performance of any obligationunder this Agreement or to exercise any right, or remedy provided under this Agreement shallnot be a waiver of that party's right to demand strict compliance, irrespective of the number orduration of any delay(s) or failure(s). No term or condition imposed on either party under thisAgreement shall be waived and no breach by eit)ler party shall be excused unless that waiver orexcuse of a breach has been put in writing and signed by both parties. No waiver in anyinstance of any right or remedy shall constitute waiver of any other right or remedy under thisAgreement. No consent to or forbearance of any breach or substandard performance of anyobligation under this Agreement shall constitute consent to modification or reduction of theother obligations or forbearance of any other breach.

23. INJUNCTIVE RELIEF

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

24. CUMULATIVE REMEDIES

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

25. SURVIVAL

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

26. GOVERNING LAW

This Agreement shall be governed by, interpreted, construed, and enforced in accordance withthe 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.

27. ENTIRE AGREEMENT

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

7

33

IN WITNESS WHEREOF, the undersigned authorized representatives or ACS and the Clienthave executed this Agreement.

ACS Enterprise Solutions, Inc.

Bv: !!17-/22i~~• y . -----

Printed Name: Hubert P. Auburn

Title: Vice PresidelY

Date: :sl::.; //3i

Macomb County, t\H

By: _

Mark HackelCounty ExecutiveDate: _

By: _

Cannella SabaughClerk / Register of DeedsDate: _

34

SCHEDULE ASTATEMENT OF WORK

A. SCOPE OF SERVICES

Macomb Index Data Cleanup

Overview:This Statement of Work identifies the work to be perfonned by ACS Enterprise Solutions LLC(herein referred to as the Vendor) in providing analysis, programming and support MacombCounty Register of Deeds (herein known as Ihe ROD) to reach their database goals.

Scope of work:There are multiple goals in this scope - the first will be 10 provide vehicle whereby a Third Partycan update the ROD Hosted System Land Records database by adding PIN# and Address data; thesecond involves database cleanup efforts both continuing with the Names cleanup efforts as wellas using file(s) provided by the Macomb County Equalization Depanmems to validate andpopulate PIN# and lor Address data (herein known as BS&A)

Assumptions:• The ROD Index must reflect what is on the legal document of record

o PIN

o House number

o Street direction

o Street address

o City

o State

• Parcel ill numbers are retired and those retired numbers are not retained in the

BS&A system so it is probably that that the PIN# in the ROD data is correct for that

time period albeit the property address current in BS&A now has a new PIN.

• Zip codes change over the years - the post office changes and rezones so it is

possible that a zip code in the ROD d~ta is no longer active or no longer the zip for

the current property.

• Any systematic updates will be made only if we can show 'proof positive' the change

is correct so there are no violations to the existing ROD indexing rules.

• All updated records will be processed to the Super Index (herein known as GSA)

• If Images are being viewed to verify PIN# or Address - the updates will be keyed

into the native Hosted System Land Record Indexing Module.

Goal ODe - create a Tract Index for Macomb County for go forward work. This will requireboth procedural changes as well as some programming. The first new functionality will allow a 3rd

party to correct or add PIN# and property address to the ROD Index and the second will be to create adaily pass of the ROD sales data to be imported into BS&A.

• A new application will be written over the Merged Data files to allow the Entry or

correction of both the PIN# and the Address associated with the document.

o Initially we will focus moving forwardo As time permits - the same program will be used to update historical work

that does not have PIN# or Address in the ROD index.

9

35

• Application must track updates so these can be sent to the GSA Super Index.

• Application must be assessable outside the existing Vendor network

• A second application will be written whereby the Vendor collects the recorded datafrom deed type documents and loads them to the BS&A Import file so the data can beimported into that system removing redundant keying.

Goal Two - utilizing different sources and methods to dean up the existing ROD index as itrelates to PIN# and Address. This will require data cleansing (standardize how CITY is enteredin the ROD database; correct obvious misspellings; remove house number and street directionfrom Address Line), programmatic as well as visual verification to ensure any update I correctionslor additions to the ROD Index data are 'proof positive' and will not present an issue to the RODoffice in the future.

The entire ROD Index database will be interrogated and classified as having a PIN# with Address;PIN# with no Address, no PIN# and an Address. no PIN# and no Address.This Scope of Work addresses only the first :\ classifications of record.

1. Historical PIN# Cleanup: Validate all index records that have a PIN# keyedagainst the BS&A file.• Unmatched (and no address) we will output to exception file (estimated to be

179,096) recordings. These fall qutside the scope of what we can systematicallyrepair and would require manually viewing each image to determine any

necessary corrections or additions.

• Unmatched (with an address) will be addressed in the Address cleanup.

• Matched - no Property Address in BS&Ao Estimated 186,736 currently match up by PIN# however there is no

corresponding property address in the BS&A file. These will be outputto an exception file and fall outside the scope of what we cansystematically repair.

• Matched (and no address)o Update the Address data in the ROD index with what is found in the

BS&A file

• Matched (with an address)o Compare Address to BS&A

• If unmatched - output to an exception file for later review of theImage.

• If matched - no update necessary

2. Historical Address Cleanup:• Program to standardize our copy of the BS&A database to put key fields in the

same format as the ROD index so successful matches can be made.

• Macomb County agrees to allow the vendor to update the ROD database:

o Standardize the spelling for Cities I Villages and Towno Standardize street names where applicableo Analysis over ROD index to check for house number data in the Address

field - load to house number field and remove from Address field.

o Analysis over ROD index to check for street direction data in theAddress field - load to direction field and remove from Address field.

10

36

• Build a single Address file from the ROD Index records that contains records

with no PIN# but an address OR where the PIN# that have not been addressed inthe PIN# step

• Unmatched - output to exception file and the Images will need to be viewed.

• Matched (no PIN#) - update PIN# to the ROD database from BS&A

• Matched (with PIN# but different from the BS&A data) create a new tract address

record.

B. PAYMENT AND RATES

Total Estimated Programming Hours to Complete Project:

275 hours @ $150.00/hr $41,250.00

37

08.

i' 1111 ~i 0(. ."'~"'IG"~

Mark A. Hackelcounty Executive


The Macomb County ethics ordinance requires vendors of the County to complete and file adisclosure statement, the purpose of which is to disclose any financial relationships or otherconflicts of interest that may exist between vendors and employees or elected officials (ortheir appointees) of the County. Once filed, the disclosure form does not need to be updatedunless there is a change in circumstance that would cause the answer to any of the questionsto change, at which time an amended disclosure form must be filed. Filing of the disclosureform is considered a condition of payment.

Vendor Name:

ACS Enterprise Solutions, LLCStreet Address:

8600 Harry Hines Blvd., #300 1~~lIas Is~~ IZip C~5235

[j] NODYES

1. Does the vendor currently employ a relative of any employee, elected official or appointee of anelected official of Macomb County? Relative is defined as husband or wife, father or mother, sonor daughter, brother or sister, uncle or aunt, first cousin, nephew or niece, great uncle or greataunt, grandfather or grandmother, grandson or granddaughter, father-in-law or mother-in-law, sonin-law-or daughter-in-law, brother-in-law or sister-in-law, stepfather or stepmother, stepson orstepdaughter, stepbrother or stepsister, half-brother or half-sister, the parents or grandparents ofthe individual's fiancee.



B. County Position/Title:



DYES [I] NO





D. PositionlTitle with Vendor:

38

ACS Enterprise Solutions, LLC

3. Does any current employee or elected official of Macomb County have legal or beneficialownership 0' 10% or more of the outstanding stock of the vendor organization?

DYES


[i] NO




D. % of Ownership of Vendor Organization:


DYES

If yes, please provide further explanation:


Hubert P. AuburnName (Please Print)

~Signature

Vice PresidentTitle

03/28/2013Date

PLEASE RETURN THE COMPLETED FORM TO:

Macomb County Purchasing DepartmentATTN: Vendor Dt~sclosure


03/18/2013 Rev. 1Page 2

39



To:

From:

RE: Agenda Item - Clerk/ROD, ACS Enterprise Solutions - NameStandardization

Attached you will find documentation and a resolution from County Clerk/Register ofDeeds, Carmella Sabaugh, to approve the Register of Deeds contract with ACS EnterpriseSolutions, LLC for computer index improvements of name field standardization for 2.2million documents at a cost of $0.44 per document for a total cost not to exceed$488,750 per year for two years for a total two-year contract price not to exceed$977,500. This process will involve human review of the record. Funds are available in theRegister of Deeds Technology Fund #27023601, which is restricted to Register of Deedsimprovements.

The Executive Office respectfully submits this agenda item for the Commission'sconsideration and recommends approval of the ASC Enterprise Solutions, LLC contract asstated above.

PJL/smf

cc: Todd Schmitz


40

MACOMB COUNTY, MICHIGAN


Approve the Register of Deeds contract with ACS Enterprise Solutions, LLC for computerindex improvements of name field standardization for 2.2 million documents at a cost of$0.44 per document for a total cost not to exceed $488,750 per year for two years for atotal two-year contract price not to exceed $977,500. Funds are available in the Registerof Deeds Technology Fund 27023601, which is restricted to Register of Deedsimprovements.



In previous years, names were indexed differently on recorded property documents. Forexample, when Mike & Ann Jones purchased property, both first names (Mike & Ann)were indexed in the first name field, preventing Ann Jones to be found unless searchedwith Mike's name. This project will separate those names to allow both names to befound when searched individually from 1955 to 1989. Corporation names will also becorrected to follow the same, specific set of criteria allowing a more reliable search andeliminating confusion. Pre-1955 and post-1989 data has already been updated.


cbedar

Typewritten Text

cbedar

Typewritten Text


41



Department Leader:


Clerk / Register of DeedsDate:

03/28/2013

MA\Ju,,'ib (,UUf\i I Y

§1'''':'tDICS

NOTE: Contracts are returned interoffice mail unless specified below:

D Rejected - Return to Department - See Below:

M OJ l) ~ ~n1')I -'lK ... '" L_i.)

BOARD APPROVW NOTES:. ..~, ift~~ '~: ~ /1' P!~ r ,- '~!'

REQUIRED .}: ( .., !0::: ~ fi cD~ES4] No

Contact Phone Number:Contract Contact Person:

2. Risk Management·

D Approved with changesReturn to Contract Management. '3 ~2-to- \~

jjJ ApprovedSend to Finance. Set ~~:i4J.t;l..~


"0

~.~

QI ..tl:::a.-Ec: etlQI-E(/)t::etla.QIo

3. Finance Department -


)Q ApprovedSend to Corporation Counsel.

~.~

QI ..tl:::a.-Ec: etlQI-E(/)t:::etla.QIo

.. Authorized Signature

Office of Corporation Counsel·4.

~ApprovedSend to aCE.



"0

~.~

QI ..tl:::a.-Ec: etlQI-E(/)t::etla.

~

EXECUTIVEOFFICE

RECEIVED

"0

~.~

QI ..tl:::a.-Ec: etlQI-E(/)t:::etla.QIo

Date~J(l~~

Authorized Signature


5. Office of County Executive·

b:APprovedIf required, send to BOC.


42

0·I 0(. .

CONTRACT REVIEW REQUESTORIGINATING DEPARTMENT INFORMATION

Department Leader: Department: Date:

Carmella Sabaugh Clerk / Register of Deeds 03/28/2013Contract Contact Person: Contact Phone Number: NOTE: Contracts are returned interoffice mail unless specified below:

Todd Schmitz 469-5122 o Call for Pick Up: #

• . ... . . .. . •Contract I Program Title: IOCE Code:

Register of Deeds computer index improvement: name standardizationVendor Number (if known): Vendor Name:

VOO046 ACS Enterprise Solutions, LLCVendor Disclosure ~Yes

Form Attached: No


$ 977,500.00 $ $ 977,500.00 27023601Contract Begin Date: Amendment Date: Contract End Date: Targeted Committee Date:

04/11/2013 04/30/2013 04/08/2013Contract: If Renewal or Amendment, what terms have changed (if any): Amendment Number:

lEI New

D Renewal

D Amendment

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

DYes Existing vendor BYesI[EJ No .. No

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

LI Yes

~ No - Explain:

Contract I Program Synopsis:

In previous years, names were indexed differently on recorded property documents. For example,when Mike & Ann Jones purchased property, both first names (Mike &Ann) were indexed in the firstname field, preventing Ann Jones to be found unless searched with Mike's name. This project willseparate those names to allow both names to be found when searched individually from 1955 to1989. Corporation names will also be corrected to follow the same, specific set of criteria allowing amore reliable search and eliminating confusion. Pre-1955 and post-1989 data has already beenupdated.



n CONTRACT DOES NOT REQUIRE BOARD OF COMMISSIONER ApPROVAL.

IZI CONTRACT DOES REQUIRE BOARD OF COMMISSIONER ApPROVAL. ATTACH COVER LETTER AND RESOLUTION FORM.

PLEASE CHECK APPROPRIATE ITEM BELOW:lEI 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.

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

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

8. 5. EMPLOYER PAID FRINGE BENEFITS.

6. COLLECTIVE BARGAINING AGREEMENTS.o 7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY CHARTER SECTION 3.1.

43



Clerk I Register of Deeds


es

(J.<J. L4fi 1118 ~J, -<• *

"'~HIG"y,.Mark A. HackelCounty Executive

Title: Register of Deeds computer index improvement - name field standardization


Date: 3-22-13

III Initial D Revision D Extension




Dated: --------

RECEIVEDMAR 2 2 2013

CORPORATION COUNSEL

Dated: --------

Dated: If/j/j ? ~!----=---+t---=----.......l'--- ~]~l


Risk Manager

APproved:~Rejected*:~Office of County Executive

Dated: 3/2 6;13 ~! ij~e~~~~~-.::::........:.------'--=--- l) I,nn'! MAR 2 6 2013 IU

Dated:--------

Risk Management & Safety

Dated:--~-----

Approved:


~

D d eEate: H!j


In previous years, names were indexed differently on recorded property documents. Forexample, when Mike & Ann Jones purchased property, both first names (Mike & Ann)were indexed in the first name field, preventing Ann Jones to be found unless searchedwith Mike's name. This project will separate those names to allow both names to befound when searched individually from 1955 to 1989. Corporation names will also becorrected to follow the same, specific set of criteria allowing a more reliable search andeliminating confusion. Pre-1955 and post-1989 data has already been updated. The~I • fllnrl ic:: . tn' likA thic:: ~nrl fllnrlc:: ~rA .

*When rejected Attach Explanation Rev. 1- 07/21/2011

44

Date


County of Macomb

One South Main, 8th Floor



Clerk/Register of Deeds Betty A. O!ekslkDeputy Register of Deeds



Register of Deeds computer index improvement - tax ID's/addresses

SUBJECT:

Register of Deeds computer index improvement - tax ID numbers, addresses

IT IS RECOMMENDED THAT THE EXECUTIVE SUBMITTO THE BOARD:

A resolution to approve the Register of Deeds contract with ACS Enterprise Solutions, LLC forcomputer index improvements of name field standardization for 2.2 million documents at a cost of$0.44 per document for a total cost not to exceed $488,750 per year for two years for a total two-yearcontract price not to exceed $977,500. Funds are available in the Register of Deeds Technology Fund27023601, which is restricted to Register of Deeds improvements.

PURPOSE [JUSTIFICATION:

In previous years, names were indexed differently on recorded property documents. For example, whenMike & Ann Jones purchased property, both first names (Mike & Ann) were indexed in the first namefield, preventing Ann Jones to be found unless searched with Mike's name. This project will separatethose names to allow both names to be found when searched individually from 1955 to 1989.Corporation names will also be corrected to follow the same, specific set of criteria allowing a morereliable search and eliminating confusion. Pre-1955 and post-1989 data has already been updated.

FISCAL IMPACT {FINANCING:


Clerk's 01lioe410 N. Mon S!.

iii ,--1 .... ,""'0 -.11 .... 0 "j

,5.96-469-512Df(K 513&783·8 I&1

1-' nP'liwww rlJocorr bcountymi .gnviderksoffICE'clerksoffice@macomqcount't'mi.go'.'

FOx-o[1·-DemandMichigan'1-B88-99-CLERKOut-of-State: 310·575-5035

Regfstsf or DeedsION. MoinSt.

SS6-46Q-.5! 75Fox: 586-469-6130

http://W\,....v.mocGff!l)count'{rni.gQv/registerdee·::[email protected]

45

Register ofDeeds computer index improvement - tax ID 's/addresses

Clerk / Register ofDeeds

FACTS AND PROVISION I LEGAL REQUIREMENTS:

The Macomb County Register of Deeds is required to provide public real estate records. This contractwill allow ACS to clean-up data from documents over the years 1955-1989, encompassingapproximately 2.2 million documents.


IMPACTON CURRENT SERVICES (PROJECTS):

This will greatly improve the ability of the public to detect real estate fraud and will make real estatetransactions more efficient.


Signatu

Carmella SabaughClerk I Register of Deeds

21Page

46

AGREEMENT FOR INFORMATION TECHNOLOGYPRODUCTS AND SERVICES

This Agreement for Information Technology Products and Services ("Agreement") is enteredinto by and between ACS ENTERPRISE SOLUTIONS, LLC ("ACS"), a Delawarecorporation, with offices located at 8600 Harry Hines Blvd.. Suite 300, Dallas, TX 75235, andMACOMB COUNTY, MI, a government entity ("Client"), with offices located at 40 NorthMain, Mount Clemens, MI 48043. ACS and Client (each individually a "party" and collectivelythe "parties") agree as follows:

1. TERM

This Agreement will become effective on the date of full execution by the parties (the "EffectiveDate") and shall continue for a period of two years, unless otherwise extended or terminated bythe 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 inherein, ACS will provide Client with the sevices as described in the Statement of Work, annexedhereto as Schedule A.

3. PAYMENT

Client agrees to pay ACS for the System and Services in accordance with the paymentprovisions set forth in Schedule A. ACS shall submit an invoice to Client for each paymentdue. and Client agrees to pay each invoice within thirty (30) calendar days after receipt. Thedate 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. ACSwill bear sole responsibility for all other expenses incurred in connection with the delivery ofthe System and performance of the Services. Expenses will be listed in each invoice. Uponrequest, ACS will support a request for reimbursement of expenses (other than per diemallowances) 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 beincluded in invoices submitted to the Client under to this Agreement. ACS may be considered alimited agent of the Client for the sole purpose of purchasing goods or services on behalf of theClient without payment of taxes from which Client is exempt. If ACS is required to pay taxes bydetermination of a proper taxing authority having jurisdiction over the Products or Servicesprovided under this Agreement, Client agrees to reimburse the ACS for payment of those taxes.

5. DELIVERY AND ACCEPTANCE

ACS will arrange for'delivery of the appropriate System components to the Clientinstallation site(s), as set forth in Schedule A. Shipment of the hardware shall be F.O.B. to thereceiving point at each installation site. ACS will pay reasonable transportation andinsurance charges for hardware delivered to the receiving point at each installation site. All

47

requirements for acceptance and testing of the System or any System components shall be setforth in Schedule A.

6. CONFIDENTIALITY

With respect to information relating to Client's business which is confidential and clearly sodesignated ("Client Confidential Information"), ACS will instruct its personnel to keep suchinfonnation confidential by using the same degree of care and discretion that they use withsimilar information of ACS which ACS regards as confidential. However, ACS shall not berequired to keep confidential any information which: (i) is or becomes publicly available; (ii) isalready in ACS' possession; (iii) is independently developed by ACS outside the scope of thisAgreement; or (iv) is rightfully obtained from third parties. In addition, ACS shall not be requiredto keep confidential any ideas, concepts, methodologies, inventions, discoveries, developments,improvements, know-how or techniques developed by ACS in the course of its serviceshereunder.

Client agrees that ACS' methodologies, tools. ideas, concepts, know-how, structures, techniques,inventions, developments, processes, discoveries, improvements. proprietary data and softwareprograms, and any other information identified as proprietary or confidential by ACS, which maybe disclosed to the Client, are confidential and proprietary infonnation ("ACS ConfidentialInformation"). With respect to ACS Confidential Information, the Client shall keep suchinformation confidential by using the same degree of care and discretion that it uses with similarinformation of its own which Client regards as confidential. However, Client shall not be requiredto keep confidential any infonnation which: (i) is or becomes publicly available; (ii) is already inClient's possession; (iii) is independently developed by the Client outside the scope of thisAgreement and without any reliance on ACS Confidential Infonnation; or (iv) is rightfullyobtained from third parties.

ACS and Client shall use each other's confidential information only for the purposes of thisAgreement and shall not disclose such confidentiill infonnation to any third party, other than asset forth herein, or to each other's employees, ACS' permitted subcontractors, or Client'spermitted 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 infonnation, softwareprograms, equipment, designs, specifications, drawings, documentation, reports, and othermaterials (individually and collectively "ACS Intellectual Property"). Client understands andagrees that all ACS Intellectual Property (including all software upgrades, modifications, andcustomizations) provided under this Agreement shall at all times remain the property of ACS.To the extent the System includes third-party software components provided by ACS as part ofthe System. such third-party software will be subject to the provisions the softwarelicenses provided by those third-party software vendors. The provisions of this Sectionshall survive termination of this Agreement.

After the Tenn. it is Client's intent to negotiate with ACS terms regarding Client's control ofGoogle Search Appliance hardware.

ACS hereby grants to Client a limited, non-exclusive, non-transferable. revocable license to usethe ACS Intellectual Property included in the System solely for the internal operations of Client,and only during the Tenn of the Agreement. ACS represents and warrants that ACS possesses allrights necessary to effectuate the license set forth in this Section. The license granted under thisSection does not include the right to grant sublit!enses for the ACS Intellectual Property to anythird party, including other persons, agencies, or other governmental entities that are not parties to

2

48

this Agreement unless specifical1y set forth in Schedule A. Client and its employees and agentswill not cause or permit reverse engineering of all or any portion of the ACS IntellectualProperty; wil1 not distribute, disclose, loan, market, rent, lease, or otherwise transfer to any thirdparty any portion of the ACS Intellectual Property without prior written authorization by ACS;and will not export any ACS software products in violation of federal export laws or regulations.The provisions of this Section shall survive termination ofthis Agreement.

8. OWNERSHIP, USE, AND RETURN OF DATA

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

~ RESPONSmIUTYFORDATABACKUP

Prior to ACS providing the System. ACS shall prepare and safeguard back-up copies ofall data that will be used in connection with the System. Throughout the Term, ACS will beresponsible for backing up all data contained in the System on a regular basis (and in allcases, immediately prior to the provision of any warranty or maintenance Services) inaccordance with standard industry back-up procedures. In accordance with the terms of theInformation Technology Agreement, dated as of April 25. 2011. by and between the parties. ACSshall be responsible for the loss of Client data or software.

10. PERFORMANCE AND SYSTEM WARRANTIES

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

The limited System warranty provided pursuant to clause "b" in the preceding paragraph shallnot cover, and shall be void as to (i) any System component on which maintenance has beenperformed by a third party that has not been authorized in writing by ACS; (ii) any Systemcomponent that has been altered or modified by Client or any third party that has not beenauthorized to do so in writing by ACS; (iii) any System component that is damaged due to thenegligence or misconduct of Client or any third party; (iv) any System component that has beendamaged as a result of failure to operate the System in accordance with documentation oroperating instructions provided by ACS; or (v) any failure due to a force majeure event ordue to exposure to unusual physical or electrical stress. If any component of the System isbelieved to be defective, Client shall give ACS prompt written notice that identifies eachdefect with specificity. ACS will investigate and verify each reported defect. Upon verificationby ACS of a reported defect, ACS shal1 (as determined by ACS in the sole discretion of ACS)repair, replace. or otherwise correct each verified defect at no cost to Client.

3

49

Neither party shall be responsible for delays or failures in performance as a result of limitationsor problems inherent in the use of the Internet and electronic communications; force majeureevents, 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 TOCLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. ACSMAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITHREGARD TO ANY SYSTEM COMPONENTS OR THE SERVICES PROVIDED UNDERTHIS AGREEMENT, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALLWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.

11. 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 ofwhatever kind and nature for injury to or death of any person or persons and for loss of ordamage to any real or tangible personal property occurring in connection with or in any wayincident to or arising under this Agreement, resulting in whole or in part from the negligent actsor omissions of the indemnifying party. The indemnified party shall promptly notifythe indemnifying party, in writing, of any c1~im and shall reasonably cooperate with theindemnifying party in the defense and settlement of the claim. The provisions of this Sectionshall survive termination of this Agreement; provided however, that nothing herein shall beconstrued as a waiver of any government immunity by the County or its employees, respectively,as provided by statute or court decision.

12. INSURANCE

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

13. RISK OF LOSS OR DAMAGE TO HARDWARE

ACS wil\ bear the risk of loss or damage to any System component while in transit to Clientinstallation site(s). Client will bear all risk of loss or damage to any System component afterdelivery to the installation site(s), unless the loss or damage is due to the negligence or willfulacts of ACS, its employees, agents, or representatives. ACS will bear all risk of loss or damage toany System component on ACS' premises.

14. LIMITATIONS OF LIABILITY

EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TOACS HEREUNDER, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BELIABLE TO THE OTHER PARTY HEREUNDER FOR ANY CLAIMS, PENALTIES ORDAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, INAN AMOUNT EXCEEDING THE FEES OR OTHER CHARGES PAID BY CLIENT TO ACSUNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES Wll..L EITHER PARTY TOTHIS AGREEMENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABll..ITY.

4

50

15. TERMINATION OF THE AGREEMENT

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

If Client materially breaches any of the terms and conditions set forth in this Agreement or failsto perform the obligations set forth in this Agreement and fails to cure the breach or failure withinforty-five (45) calendar days (or other reasonable period stated in the notice) after receipt ofwritten notice specifying the basis for the breach or failure to perform, ACS may terminate thisAgreement for breach. Termination by ACS shall be effective upon written notice to Client.Client agrees to discontinue use of all hardware, software, and other ACS-owned materials nolater than the effective date of termination and return the hardware, software, and other ACSowned materials to ACS within thirty (30) calendar days after termination.

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

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

16. 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. ACS and Client are independent parties, andneither party shall act as an agent for or partner of the other for any purpose. Nothing in thisAgreement shall grant to either party any right to make any commitments of any kind for or onbehalf of the other party without the prior written consent of the other party. ACS shall notbe restricted from providing products or performing services for others and shall not bebound to Client except as provided under this Agreement.

17. NOTICES TO PARTIES

Unless otherwise specified in this Agreement, all notices, requests, or consents required underthis 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, inwriting, of any change in the designated addressee or related information.

5

51

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

Attn: Hubert Auburn


18. DISPUTE RESOLUTION

To Client:Macomb County Recorder/Clerk's Office40 North MainMount Clemens, MI 48043

Attn: Hon. Cannella Sabaugh


It is the intent of the parties that any disputes arising under this Agreement be resolvedexpeditiously, amicably, and at the level within each party's organization that is mostknowledgeable about the relevant issues. The parties understand and agree that theprocedures outlined in this Section are not intended to supplant the routine handling ofinquiries and complaints through informal contact of the parties. Accordingly, for purposesof the procedures set forth in this Section, a "dispute" is a disagreement that the parties havebeen unable to resolve by the normal and routine channels ordinarily used for resolvingproblems. Pending the final disposition of a dispute other than a dispute arising out of thetermination of this Agreement by either party, the parties shall, at all times, proceed diligentlywith 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. Aformal written response will not be required, but the responding party may put itsposition 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 thecomplaining party's written notice, a senior representative of ACS and the Client (or arepresentative of Client who has authority to act to resolve the dispute) shall meet orparticipate in a telephone conference caB within ten (10) business days of a request for themeeting 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 theseprocedures, or if either party fails to participate when requested, then the parties maypursue any remedies available under this Agreement.

19. HEADINGS

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

20. SEVERABILITY

If all or part of any term or condition of this Agreement, or the application of any term orcondition of this Agreement, is determined by any court of competent jurisdiction to beinvalid or unenforceable to any extent, the remainder of the terms and conditions of thisAgreement (other than those portions determined to be invalid or unenforceable) shall not beaffected, and the remaining terms and conditions (or portions of terms or conditions) shall bevalid and enforceable to the fullest extent permitted by law. If a judicial determination prevents

6

52

the accomplishment of the purpose of this Agreement, the invalid term or condition (or portionsof terms or conditions) shall be restated to conform to applicable law and to reflect as nearly aspossible the original intention of the parties.

21. ASSIGNMENT

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

22. WAIVER OR FOREBEARANCE

Any delay or failure of either party to insist upon strict performance of any obligationunder this Agreement or to exercise any right or remedy provided under this Agreement shallnot be a waiver of that party's right to demand strict compliance, irrespective of the number orduration of any delay(s) or failure(s). No term or condition imposed on either party under thisAgreement shall be waived and no breach by either party shall be excused unless that waiver orexcuse of a breach has been put in writing and signed by both parties. No waiver in anyinstance of any right or remedy shall constitute waiver of any other right or remedy under thisAgreement. No consent to or forbearance of any breach or substandard performance of anyobligation under this Agreement shall constitute consent to modification or reduction of theother obligations or forbearance of any other breach.

23. INJUNCTIVE RELIEF

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

24. CUMULATIVE REMEDIES

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

25. SURVIVAL

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

26. GOVERNING LAW

This Agreement shall be governed by, interpretetl, construed, and enforced in accordance withthe 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.

7

53

27. ENTIRE AGREEMENT

The cont~nts of this Agreernent (including the Statement of Work and any other schedules oratHu;hments 10 this Agreement that are referred (0 and incorporated in this Agreemenl byreference) constitute the entire understanding and agr~ement between the parties andsupersede any prior agreements, written or oral. that are not specifically referenced andincorponlled in this Agreement. The terms and conditions of this Agreement shall not be changedor l11odij~ed except by written agreement signed by both panics.

IN VvITNESS \\THKREOF, the undersigned authorized representatives of ACS and th(' Clienthave executed this Agreemenl.

ACS Enterprise SolutiO~ Inc.

1f~./'/7/! ,/By: jf~'( t.Y:',/

Printed Name: Hubert P. Auburn

Title: Vice President{ I

3;'z. j ,Jll ?Date: _--'-"_....:..-,L'-'--...>=-- _

Macomb County, MI

By: . _iV[ark HackelCounty ExeclIliveDate: _

13y: __.. _

Carmella SabaughClerk / Register of DeedsDate: _

54

SCHEDULE ASTATEMENT OF WORK

A. SCOPE OF SERVICES

1. Xerox Services will correct names for all document types for years 1989 to 1955estimated at 2.2 million documents. Documents will be corrected starting with 1989 andworking back in time to 1955.

2. A work file will be made available by year. Human names and corporation names will bereviewed and tracked using the Production Indexing Database.

3. Xerox Services indexers will logon to the work file and correct all human names andcorporation names. Corrections will be consistent with current Macomb Indexingspecifications.

4. Xerox Services index supervisors will review the corrected indexed lines and the,corresponding digital image if necessary. This comparison by specially trained personnelprovides a careful, line-by-Iine audit of the first operator's accuracy.

5. Types of infonnation corrected and verified include:• Human Names

oLe. Jones Mike M & Ann WF (keyed on corporation line)

Correct to:

Jones Mike MJones Ann

• Corporation Names

o Correct Using Current Corporation Table

Xerox Services staff will verify that your stated indexing conventions are being followed(for example, correct entries for names that contain embedded spaces/punctuation orcorporation names that include numbers).

6. At this point, the work file is given to the AS400 support group for final queries beforeupdating the Macomb database.

7. The index data is now ready for release to you, and accessible through search terminals.

8. Project timeline and completion - Project will be spread over 2 years.

9

55

B. PROJECT PRICING AND BILLING

Estimated 2.2 million documents @ $.44/document =$977,500.

Total Estimated Project Cost Per year $488,750.

Billing to Macomb County will occur throughout the Agreement. Xerox will invoiceMacomb County for each delivery to Macomb as the new indexing information is loadedonto the Land Records System.

Billing to Macomb County will be made on a per document basis. Estimated quantities isan estimate only. Billing will be based on the actual amount of documents indexed anddelivered.

lOy

56

98 ~

~IIII ~i -<. .'11'e="'IGP.~

Mark A. Hackelcounty Executive


The Macomb County ethics ordinance requires vendors of the County to complete and file adisclosure statement, the purpose of which is to disclose any financial relationships or otherconflicts of interest that may exist between vendors and employees or elected officials (ortheir appointees) of the County. Once filed, the disclosure form does not need to be updatedunless there is a change in circumstance that would cause the answer to any of the questionsto change, at which time an amended disclosure form must be filed. Filing of the disclosureform is considered a condition of payment.

Vendor Name: Vendor Phone Number:

ACS Enterprise Solutions, LLC (800) 800-5652Street Address:

1~~lIaS Is~X IZip C~~2358600 Harry Hines Blvd., #300

[IJ NODYES

1. Does the vendor currently employ a relative of any employee, elected official or appointee of anelected official of Macomb County? Relative is defined as husband or wife, father or mother, sonor daughter, brother or sister, uncle or aunt, first cousin, nephew or niece, great uncle or greataunt, grandfather or grandmother, grandson or granddaughter, father-in-law or mother-in-law, sonin-law or daughter-in-law, brother-in-law or sister-in-law, stepfather or stepmother, stepson orstepdaughter, stepbrother or stepsister, half-brother or half-sister, the parents or grandparents ofthe individual's fiancee.



B. County Positionrntle:



DYES [I] NO



B. County Positionrntle:


D. PositionlTitie with Vendor:

57

ACS Enterprise Solutions, LLC

3. Does any current employee or elected official of Macomb County have legal or beneficialownership of 10% or more of the outstanding stock of the vendor organization?

DYES


~NO


B. County Position/Title:


D. % of Ownership of Vendor Organization:


DYESIf yes, please proVide further explanation:


Hubert P. AuburnName (Please Print)

~Signature

Vice PresidentTitle

03/28/2013Date

PLEASE RETURN THE COMPLETED FORM TO:

Macomb County Purchasing DepartmentATTN: Vendor Dt~sclosure


03/18/2013 Rev. 1Page 2

58

To:

From:

Date:

RE:


Mark F. DelilinDeputy County Executive

David Flynn, Board Chair

Pamela J. Lavers, Assistant County Executive~April 2, 2013

Agenda Item - Clerk/Register of Deeds, Budget Amendment

Attached you will find documentation and a resolution from County Clerk/Register ofDeeds, Carmella Sabaugh, to authorize a budget amendment in the amount of $35,200 toprovide funding to allow the Clerk/Register of Deeds Office to hire two temporaryemployees for up to six months and purchase the counter in the lobby of the courthouse.The budget amendment will be budget neutral by increasing charges for services revenueby $35,200, with a corresponding increase in expenses of $35,200 (Salaries and Wages:$25,160, Fringe Benefits: $2,040, plus New Equipment: $8,000).

The Executive Office respectfully submits this agenda item for the Commission'sconsideration and recommends approval of the budget amendment in the Clerk/Registerof Deeds Office as stated above.

PJL/smf

cc: Eric HerppichPeter ProvenzanoTodd Schmitz

One South Main ,/, 8 th Floor * Mt. Clemens, Michigan 48043 * Phone (586) 469-7001 * Fax (586) 469-7257

59



authorize a budget amendment in the amount of $35,200 to provide funding that will allow theClerk/Register of Deeds to hire two temporary workers for up to six months and purchase the counterin the lobby of the Courthouse. The budget amendment will be budget neutral by increasing chargesfor service revenue by $35,200, with a corresponding increase in expenses of $35,200 (Salaries andWages $25,160 + Fringe Benefits: $2,040 + New Equipment $8,000)

*SEE BELOW

Introduced By:

Kathy Tocco, Chair, Government Operations Committee


*Further, this budget action addresses budgetary issues only. It does not constitute the Commission'sapproval of any County contract. If a contract requires Commission approval under the County'sContracting Policy or the County's Procurement Ordinance, such approval must be sought separately.FORWARD TO THE FINANCE COMMITTEE.

*(This language was added by Government Operations Committee Chair Tocco.)


Government Operations

Finance

04/08/2013

04/11/2013

60

TO:

FR:

RE:

DATE:

Mark HackelCounty Executive

~~Carmella SabaughCounty Clerk I Register of DeedsPhone 586-469-7939

Request for Budget Adjustment for Concealed Pistol License processingLobby counter purchase and two temporary employees

March 20, 2013

I am writing to request the following budget adjustment in the clerk's account #10121501:

Account Name Current Proposed Proposedbudget adjustment budget with

adjustment

Revenue: Lic & Prmts - Concealed $226,600 +$35,200 $274,800Weapon (Obj. 45308)

TOTAL REVENUE ADJUSTMENT: $35,200

Expense: Salaries &Wages $2,245,068 +$25,160 $2,270,228

Expense: Fringe Benefits $1,644,501 +$2,040 $1,646,541

Expense: New Equipment $80,000 +$8,000 $88,000(Obj. 97002)

TOTAL EXPENSE ADJUSTMENT: $35,200

This will fund two temporary employees be assigned to the clerk's office startingimmediately. The reason for this request is because the rate of the concealed pistolapplications have doubled this year. The County Clerk is the official clerk for the MacombCounty Concealed Weapons Licensing Board. The Board is required to issue or denyissuance of a license within 45 days after the Concealed Weapon Licensing Boardreceives the fingerprint comparison report for a new applicant; and, the Concealed

61

Weapon License Board shall issue or deny issuance of a renewal license application

within 60 days after the application for renewal is properly submitted. With the current rate

of applicants, the Board is at risk of not being able to process th~ applications and meetthe statutory deadline.

Year Total Budgeted Actual Budgetedapplicants revenue revenue temp

expense

2011 7,685 $213,000 $199,810 N/A

2012 9,118 $213,000 $237,060 N/A

2013 10,443* $226,600 $271,518** $27,200

*Estimated 2013 number of applicants based on actual number of applicants from January

1 - February 28, 2013 (2,843) plus the 2012 average number of monthly applicants for

March 1 - December 31, 2013. If concealed pistol license application volume stays at

current 2013 levels, then this 2013 applicant estimate will be low. The January and

February 2013 application rate is double the January and February 2012 rate.

**Estimated 2013 revenue based on actual revenue from January 1 - February 28, 2013

($73,918) plus the 2012 average monthly revenue for March 1 - December 31, 2013. If

concealed pistol license application volume stays at current 2013 levels, then this 2013

revenue estimate will be low.

This will also allow me to use $8,000 from the concealed pistol license revenue to dedicatea counter solely for the processing of concealed pistol licenses in the lobby of the court

building. The funds would be used to purchase the counter currently owned by the

Courthouse Cafe. It has locking shelves, electricity and is conveniently located near two

clerk's office doors.

62

Concealed Pistol Applicants1600 -,-------------------

1400 +-------------------:p-.......

1200 +----------------+--1000 +----,,...--------'-----lL.---

800 --t--'lII~~-~----~-~.............--

600 +---------.::!~~~---'!I!'--------

400 +-----------------

200 +------------------

0+--.---,--,.--.--,---,---,,..--...--,---,----,-,---,----,

N N N N N N N N N N N N m m.-l .-l .-l .-l .-l .-l .-l .-l .-l .-l .-l .-l .-l .-l0 0 0 0 0 0 0 0 0 0 0 0 0 0N N N N N N N N N N N N N N

C ...ci ..: ..: > ", £ ~ +J ;j :> tJ c ...ciro ", ro 0- ro c:: ::J ::J 0- 0 ", ro 'OJ~ u.. 2 « 2 ::J ~ « ", 0 z CI ~ u..

~ Vl

~Applicants

The temporary employees would need outstanding computer skills.

If you need any additional information, please call me. Thank you for considering thisrequest.

63

MACOMB COUNTY} MICHIGAN


Authorize a budget amendment to increase the Register of Deeds Automation Fund Contract Services (27023601 - 80128) by $41,250 to be balanced with a correspondingincrease to the Automation Fund fund balance (27023601 - 69905).

.. ...:



This budget amendment is to fund a contract being brought before the board in aconcurrent resolution, a copy of which is attached.


Committee

04/08/2013Meeting Date

cbedar

Typewritten Text

(DISTRIBUTED 4-8-13) (ADDED TO AGENDA)

cbedar

Typewritten Text

Finance4-11-13

64



Approve the Register of Deeds contract with ACS Enterprise Solutions, LLC for computerindex improvements of tax 10 numbers and addresses at a rate of $150 per hour for 275hours at a total cost not to exceed $41,250.00. Funds are available in the Register ofDeeds Technology Fund 27023601, which is restricted to Register of Deedsimprovements.

Commissioner Tocco, Govemment Operations Committee Chair


From 1818 to present, tax identification numbers and addresses have changed over theyears due to city and township changes, zip code changes and tax splits. Even when thedata in subsequent transactions has not changed, it has been indexed differently over thedecades. This contract is to improve tax 10 and property address data, including addingmissing tax 10 and/or property address data where a suitable match against Equalizationdata can be found. This contract will also identify records that need human review.


65



Authorize a budget amendment to increase the Register of Deeds Automation Fund Contract Services (27023601 - 80128) by $488,750, for each of the years 2013 and 2014,for a total two-year adjustment of $977,500 with any additional funds carried over eachyear to be used through the term of the two-year contract, to be balanced with acorresponding increase to the Automation Fund fund balance (27023601 - 69905).



This budget amendment is to fund a contract being brought before the board in aconcurrent resolution, a copy of which is attached.


Committee

04/08/2013Meeting Date

cbedar

Typewritten Text

(DISTRIBUTED 4-8-13) (ADDED TO AGENDA)

cbedar

Typewritten Text

Finance4-11-13

66



Approve the Register of Deeds contract with ACS Enterprise Solutions, LLC for computerindex improvements of name field standardization for 2.2 million documents at a cost of$0.44 per document for a total cost not to exceed $488,750 per year for two years for atotal two-year contract price not to exceed $977,500. Funds are available in the Registerof Deeds Technology Fund 27023601, which is restricted to Register of Deedsimprovements.



In previous years, names were indexed differently on recorded property documents. Forexample, when Mike & Ann Jones purchased property, both first names (Mike & Ann)were indexed in the first name field, preventing Ann Jones to be found unless searchedwith Mike's name. This project will separate those names to allow both names to befound when searched individually from 1955 to 1989. Corporation names will also becorrected to follow the same, specific set of criteria allowing a more reliable search andeliminating confusion. Pre-1955 and post-1989 data has already been updated.


Official Resolution Of the Board of Commissioners

Macomb County, Michigan

A Resolution Supporting Continued Tax-Exempt Status for Municipal Bonds

Commissioner Fred Miller, on Behalf of the Board of Commissioners, Offers the Following Resolution:

WHEREAS, municipal bonds first received tax-exempt status In the United States in 1913, and

continue to be the main way of financing public capital improvements and infrastructure projects for states and local governments, including counties; and

WHEREAS, these projects are the process used to create jobs, sustain economic growth and

improve the quality of life for Americans throughout the country; and

WHEREAS, the Senate Finance Committee and House Ways and Means Committee are looking for areas to cut the budget; and

WHEREAS, one of the areas being researched is to cap the benefit of the tax exemption at twenty-eight percent; and

WHEREAS, to eliminate or cap the tax-exempt status of municipal bonds would significantly

increase borrowing costs for Macomb County; and

WHEREAS, these issues are currently being debated in the context of the FY2014 Budget Resolution debate and have been outlined in the Sen. Begich letter to President Obama regarding municipal bonds; and

NOW, THEREFORE, Be It Resolved by the Board of Commissioners Speaking on Behalf of All

County Residents As Follows:

THAT BY THESE PRESENTS, the Macomb County Board of Commissioners urges the Michigan Congressional delegation to oppose these proposed changes and support the continued tax-exempt status of municipal bonds.

BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to Senator

Carl Levin, Senator Debbie Stabenow, Congressman Sander Levin, Congresswoman Candice Miller, the U.S. Senate Finance Committee, the U.S. House Ways and Means Committee, the Michigan Association of Counties, and the National Association of Counties; a copy of the resolution will be on file in the Board of Commissioners office.

67

cbedar

Typewritten Text

*REVISED*

Official Resolution Of the Board of Commissioners


A Resolution Supporting a Medicaid Expansion

Commissioner Toni Moceri, on Behalf of the Board of Commissioners, Offers the Following Resolution:

Whereas, under the provisions of the Patient Protection Affordable Care Act, a State can expand its Medicaid program to cover individuals and families earning up to 133% of the Federal Poverty Line; and Whereas, many deserving citizens, many of which are working class with limited income and no health care coverage, go without needed primary and behavioral treatment coverage and related support services; and Whereas, all citizens have the right to experience: Health: overcoming or managing one’s disease(s) or symptoms – and making informed, healthy choices that support and promote physical and emotional well-being. Home: a stable and safe place to live. Purpose: meaningful daily activities, such as employment, education, volunteerism, family caretaking, or creative endeavors, and the independence, income and resources to participate in society; and Community: relationships and social networks that provide and support, friendship, love and hope. Whereas, expanding the Medicaid program in Michigan will provide the opportunity to cover thousands of uninsured residents including a projected 31,638 uninsured residents of Macomb County; and Whereas, Medicaid spending has a simulative effect on the economy. A recent study found that every $100,000 in federal Medicaid spending increased employment by 3.8 job years; and Whereas, the newly eligible Macomb County Medicaid beneficiaries would contribute to health spending in the County. These new enrollments will result in an estimated additional annual spending total of $64,405,656 in 2014 and $162,876,945 by 2020 according to the Center for Healthcare Research & Transformation; and Whereas, local businesses, such as physicians, hospitals, diagnostic laboratories, radiologists, pharmacists, ambulance services, benefit from this spending; and Whereas, should the Medicaid Expansion be successful, Macomb County will not have to provide any match dollars to support the increased Medicaid dollars which will be coming into the county. Whereas, according to the Michigan Hospital Association’s Economic Impact Report, there were 34,267 health care jobs in Macomb County in 2010. Health care jobs in Macomb produced a total of $1,880,792,070 in salaries for the Macomb economy, and indirect and induced jobs produced $1,880,792,070 in salaries. Now, Therefore, be it resolved that Macomb County Board of Commissioners strongly urges the State of Michigan to participate in the expansion of the Medicaid Program under the Patient Protection and Affordable Care Act. Be it Further Resolved, that copies of this resolution be provided to Senator Steve Bieda, and the Macomb County delegation.

68

cbedar

Typewritten Text

*REVISED*

694/10/13 Snyder - Snyder calls for Medicaid e>:pansion to improve health, save money; Greater access to care, lower business costs among benefits

Governor Rick Snyder

REINVENTIN ICHIGANGetting It Right. Gettin/lt Done.

MICHIGAN.GOV

Mkhlgan'sOfficialWehsite

close print view

Snyder calls for Medicaid expansion to improve health, save money; Greateraccess to care, lower business costs among benefits

Wednesday, Feb. 06, 2013

LANSING, Mich. - Gov. Rick Snyder today announced that his fiscal year 2014 budget recommendation includes an expansion of Michigan's Medicaidprogram, benefitting about 320,000 residents in the first year alone. Snyder was joined at Sparrow Hospital by health care and business leaders whoapplauded the decision.

Snyder's initiative, which is in accordance with the federal Affordable Care Act, contains safeguards that ensure the program's financial stability and protectagainst changes in Washington's commitment.

[;

"ThiS makes sense for the physical and fiscal health of Michigan," said Snyder, who studied the issue thoroughly before arriving at his decision. "Expans;~nwill create more access to primary care providers, reduce the burden on hospitals and small businesses, and sa\.e precious tax dollars. It also puts Michiganrather than Washington in the driver's seat in terms of implementation, which allows us to better address Michigan's specific needs." __

Expanding Medicaid to cover up to 133 percent of the Federal Poverty Limit means that routine and preventative health care will be provided to about 320,000Michiganders in the first year. Mare than 470,000 will be covered by 2021, reducing the amount of Michigan's uninsured by about 46 percent.

Creating access to primary care providers reduces more costly emergency room IJislts and decreases hospitals' uncompensated costs. A recent studyestimates that Michigan will save $351 million by 2022.

~-~e than $20 billion willllow into Michigan through 2023 by leveraging the federal funds made available through the Affordable Care Act. In addition, th-;'r::...te1s General Fund will see $1.2 billion in salAngs through 2020. .,)

"While this is a federal program that we would not ha\e necessarily created for Michigan, it is critical that the state control its implementation," Snyder said.-:::a>"Failure to go through with the expansion means that Michigan tax dollars will go to cO\er health care costs for other states that do take part. We can ensure

the program remains financially stable and guard against changes in the federal commitment."

The governor's budget recommendation calls for a deposit of 50 percent of the savings achie\€d from the expansion to be deposited into a special healthsavings account for the first seven years, through 2020. The account will help cover the increased share of the costs when the federal gO\emment scales backits funding from 100 percent for the first three years to 90 percent beginning in 2020.

Reducing the number of uninsured will ease the burden on job providers, who will be subject to federal penalties beginning in 2014 if they do not offer affordablehealth care options for employees. In addition, employees who have access to preventative care miss less work due to illness, resulting in a more producti\ework force.

"The relationship between a patient and doctor is wry important," Snyder said. "Before making this recommendation, I had to be assured that the existingnetwork of primary care physicians is equipped to handle an influx of patients."

A statewide survey conducted by the Center for Healthcare Research and Transformation showed conclusively that Michigan has the necessary capacity. Itconfirmed that 81 percent of Michigan's primary care physicians will have the capacity for those who are newly cO'vered by Medicaid. Of that group, more than90 percent said they will accept new Medicaid patients. .

Funding for Michigan's prisons also is expected to decrease as impro\€d access to behalAoral health services reduces recidivism and the o\eraU number ofinmates. E\en a modest reduction in recidivism will save the state more than $100 million o\€r 10 years.

"We know that the use of emergency rooms by the uninsured population is incredibly costly to Michigan hospitals and taxpayers," said James K. Ha\€man,director of the Michigan Department of Community Health. "Govemor Snyder's decision to expand Medicaid in Michigan makes sound sense for not only thefinancial health, but also the physical health of our state. By providing proper primary care, we can reduce the costs, and improve the overall health of ourresidents."

Health care, business, consumer, and human service organizations attending Snyder's announcement are: AARP Michigan, Michigan Association ofCommunity Mental Health Boards, Michigan Association of Health Plans, Michigan Health & Hospital Association, Michigan Osteopathic Association,Michigan Primary Care Association, Michigan State Medical Society, and the Small Business Association of Michigan.

"As a safety net of providers serving many of Michigan's underserved areas and populations, Michigan's Community Health Centers see every day the positivedifference early and pre\€nti\.e care can make in people's li\es and the money sa\ed by keeping them out of emergency rooms," said Kim Sibilsky, executi\edirector of the Michigan Primary Care Association. "Expanding health care coverage to more of our fellow Michigan residents who are uninsured today is atremendous opportunity to improve the physical, mental, and fiscal health of our state. The bottom line is that expanding eligibility for coverage in the state's

Medicaid Program will save lives, save money and lead to a healthier population."

For more information and materials on Medicaid expansion in Michigan, visit mic1rigan.gov/mibudget?014 (htl.n:!/wH'lv.michigan.vovlmiblldgei2014i .

WJiMJ. michi9 an.govlsnyder10,4668,7~277~57577_57657-2g4479-~,OO.html#pri nt 1/2

cbedar

Typewritten Text

(DISTRIBUTED 4-11-13)

C E N T E R F O R H E A L T H C A R E R E S E A R C H & T R A N S F O R M A T I O N

The Center for Healthcare Research & Transformation (CHRT) illuminates best practices and opportunities for improving health policy and practice. Based at the University of Michigan, CHRT is a non-profit partnership between U-M and Blue Cross Blue Shield of Michigan to promote evidence-based care delivery, improve population health, and expand access to care.

Visit CHRT on the Web at: www.chrt.org

The ACA’s Medicaid Expansion: Michigan ImpactState Budgetary Estimates and Other Impacts

While the U.S. Supreme Court’s decision on June 28, 2012, largely upheld the constitutionality of the

Affordable Care Act (ACA), one provision was not upheld: penalties for states that opt out of the law’s Medicaid expansion. This left the decision to expand Medicaid—or not—to individual states, and as a result, it is now uncertain whether or not Medicaid will be available to all individuals below 138 percent of poverty in 2014 as the law intended.

Policy makers in each state must analyze the implications of the Medicaid expansion and determine whether or not the expansion makes sense for their state, taking into account state budgetary considerations, federal financial incentives, human service priorities, and the anticipated effects of the expansion on the general economy and population health.

This issue brief is intended to provide Michigan policy makers and the public at large with a useful tool to consider this question by projecting the likely 10-year economic impacts in our state. Wherever possible, the issue brief uses publicly available and independently validated information and sources; the analysis was based on conservative assumptions. A companion paper to this issue brief models three different scenarios: high, medium, and low rates of Medicaid enrollment as a result of the expansion. The paper is available online at www.chrt.org. This issue brief reports on the middle scenario.

Key Impacts of Medicaid Expansion

Coverage . . . . . . . . . . . . . . . . . 2

Financial Impacts . . . . . . . . . . . 4

Other Impacts . . . . . . . . . . . . . 6

Conclusion . . . . . . . . . . . . . . . 8

Suggested citation: Udow-Phillips, Marianne; Fangmeier, Joshua; Buchmueller, Thomas; Levy, Helen. The ACA’s Medicaid Expansion: Michigan Impact. October, 2012. Center for Healthcare Research & Transformation. Ann Arbor, MI.

Special thanks to Marvin Espinoza, Research Associate.

Issue Brief October 201270

http://www.chrt.org/

http://www.chrt.org

cbedar

Typewritten Text

(DISTRIBUTED 4-11-13)

2014 2020# % # %

Newly eligible, uninsured 204,732 36.30% 409,464 72.60%

Newly eligible, privately insured 83,496 14.20% 208,740 35.50%

Currently eligible, uninsured (due to expansion) 1,160 1.04% 1,658 1.48%

UninsuredOther Public CoverageMedicaid EnrolledPrivate Coverage

2010 2020

4,086,00067%

769,00012%

192,0003%

1,086,00018%

4,246,26069%

290,9605%

192,0003%

1,403,78023%

2 • CHRT Center for Healthcare Research & Transformation

In August 2012, 1.9 million Michigan residents had Medicaid coverage.1 According to the Urban Institute and the State Health Access Data Assistance Center (SHADAC), if Michigan opts to expand Medicaid, another 1.2 million will become eligible in 2014, about half of whom are currently uninsured.2

Not everyone who is eligible for a public program actually enrolls. Of the potential Medicaid pool (those newly eligible in 2014 under the expansion), our middle scenario assumes that 36.3 percent (204,732) of those who are uninsured and 14.2 percent (83,496) of those who are privately insured would actually enroll (“take-up rates,” based on Urban Institute analyses). We also assume that over time, as information about the Medicaid expansion becomes more widely disseminated, these percentages would increase—to 72.6 percent (409,464) and 35.5 percent (208,740), respectively, by 2020.3

Figure 1

Whether or not it implements the Medicaid expansion, Michigan should see an increase in enrollment among those who are already eligible for Medicaid resulting from publicity about the Affordable Care Act, the individual mandate, and eligibility simplification. If Michigan implements the Medicaid expansion, this “woodwork effect” should be even stronger, increasing enrollment among those who are currently eligible but not enrolled by one percentage point (1,160) in 2014 and growing to 1.5 percentage points (1,658) by 2020.

Overall, we estimate that if Michigan does opt for the Medicaid expansion, the state will have an additional 289,000 Medicaid recipients in 2014; and 620,000 over current enrollment by 2020. Figures 2 and 3

Coverage

1 Michigan Department of Human Services. Green Book Report of Key Program Statistics. August 2012. http://www.michigan.gov/documents/dhs/2012_08_GreenBook_397962_7.pdf

2 Kenney, G., et al. Opting in to the Medicaid Expansion under the ACA: Who are the Uninsured Adults Who Could Gain Health Insurance Coverage? Urban Institute. August 2012. Available at: http://www.urban.org/publications/412630.html. SHADAC analysis of private coverage in Michigan via its data center at shadac.org

3 Take-up rates from the Urban Institute’s June 2012 report on the ACA Medicaid Expansion in Washington State, available at http://www.urban.org/health_policy/url.cfm?ID=412581.


Figure:1Projected Adult Medicaid Take-up Rates, 2014 and 2020

Figure:2Michigan Non-Elderly Adult Coverage, 2010 v. 2020 Projection

71

http://www.michigan.gov/documents/dhs/2012_08_GreenBook_397962_7.pdf

http://www.michigan.gov/documents/dhs/2012_08_GreenBook_397962_7.pdf

http://www.urban.org/publications/412630.html

http://www.shadac.org/

http://www.urban.org/health_policy/url.cfm?ID=412581

2010 2014 2020# % # % # %

Private Coverage, Total 4,086,000 66.60% 4,371,504 71.30% 4,246,260 69.20%

Private Coverage, Existing

4,086,000 66.60% 4,002,504 65.30% 3,877,260 63.20%

Eligible for Private Coverage Tax Credits

-

0.00% 369,000 6.00% 369,000 6.00%

Medicaid Enrollment, Total

769,000 12.50% 1,068,831 17.40% 1,403,780 22.90%

Medicaid Enrolled, Existing4 769,000 12.50% 769,000 12.50% 769,000 12.50%

Medicaid Enrolled, Due to Expansion

-

0.00% 289,388 4.70% 619,862 10.10%

Medicaid Enrolled, Not Due to Expansion

-

0.00% 10,443 0.20% 14,918 0.20%

Other Public,5 Total 192,000 3.10% 192,000 3.10% 192,000 3.10%

Uninsured, Total 1,086,000 17.70% 500,665 8.20% 290,960 4.70%

Uninsured but Medicaid Eligible

112,000 1.80% 100,397 1.60% 95,424 1.60%

Other Uninsured 974,000 15.90% 400,268 6.50% 195,536 3.20%

Total 6,133,000 100.00% 6,133,000 100.00% 6,133,000 100.00%

Subsidy Eligible (Between 100% and 138% FPL)

Not Subsidy Eligible (Less than 100% FPL)

134,00024%

430,00076%

Issue Brief: The ACA’s Medicaid Expansion: Michigan Impact, October 2012 • 3

It is important to note that if the state decides not to expand Medicaid eligibility, uninsured adults with incomes between 100 and 138 percent of the federal poverty level would be eligible for federal subsidies to purchase private health coverage on the health insurance exchange; however, only 24 percent of the uninsured who would be newly eligible under the expansion have incomes in this range. The other 76 percent have incomes below 100 percent of the federal poverty level; the ACA does not provide subsidies for purchase of private coverage for those below 100 percent of poverty. Figure 4

4 Approximately 57% of those covered by Medicaid are children or elderly dual eligibles. Those coverage numbers are not reflected in this table.

5 Other public includes those with other public coverage that will not be directly affected by the Affordable Care Act (e.g. Tricare, VA, pre-65 Medicare). For purposes of this analysis, enrollment in those programs was kept constant.


Figure:3Michigan Non-Elderly Adult Coverage, 2010 Actual, 2014 and 2020 Projected

Figure:42014 Subsidy Eligibility Without the Expansion

72

First 5 Years (2014-2018)

Second 5 Years (2019-2023)

Total 10 Years (2014-2023)

Increase in Provider Tax Revenue $183 $262 $444

Elimination of Adult Benefit Waiver Program $188 $207 $395

Reduction in Non-Medicaid Mental Health $885 $977 $1,861

Reduction in Prisoner Inpatient Medical Services $234 $271 $504

Savings in State Employee Health Care Costs $9 $13 $23

Total State Budget Savings due to Expansion $1,499 $1,730 $3,228


Financial Impacts

Increased Federal MatchThe federal government provides 100 percent of the funding for the newly eligible Medicaid population in the first three years of the expansion. Starting in 2017, the federal share of funding begins to drop, and states are expected to provide matching funds for the expansion population. In 2020 and all subsequent years, the federal match is 90 percent and the state share is 10 percent.

Unlike the current Medicaid program, the Affordable Care Act provides a stable 90 percent federal match rate on an ongoing basis, regardless of a state’s financial circumstances. In the existing program, the federal match rate varies from year to year based on the state’s per capita income. Fiscal year 2013 federal matching rates range from a low of 50 percent (the lowest match rate allowed under federal law) to a high of 73.43 percent (for Mississippi). Michigan’s 2013 federal match rate for those in the existing Medicaid program is 66.39 percent, a rate far lower than the rate that would apply to the newly covered population under the ACA.

Cost SavingsThere will also be savings resulting from the ACA’s broader scope of Medicaid eligibility. If the state chooses to go forward with the Medicaid expansion, many people will become eligible for Medicaid coverage (and the attendant federal financing) who today receive some or all of their health care through state-funded programs. This includes many who receive mental health care through the community mental health system, prisoners who receive inpatient medical care in non-correctional facilities, and adults who are covered today under the Adult Benefit Waiver program. In addition, the state is expected to receive revenues for the newly eligible Medicaid population from various provider taxes in existence today.

Finally, the state, like other employers that provide health coverage to employees, is projected to realize savings in health care premiums. With a reduction in the number of uninsured individuals and attendant uncompensated care hospital costs, there should be a reduction in the transfer of such costs to employers who provide health coverage (often referred to as the “cost shift”). Figure 5

6 Savings amounts may not add up to total savings due to rounding.


Figure:5Cost Savings to the State from the Medicaid Expansion, 2014-20236, in Millions

73

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Cumulative 2014-2023

Gross Costs $ millions $3 $4 $5 $173 $216 $259 $378 $390 $402 $414 $2,245

Budget Offsets $271 $288 $302 $315 $323 $330 $338 $346 $354 $362 $3,228

Net Costs (Savings) $(268) $(283) $(297) $(142) $(106) $(71) $41 $44 $48 $52 $(983)

Net Costs (Savings) per Expansion Enrollee $(925) $(653) $(553) $(232) $(172) $(115) $65 $71 $77 $83

$-5,000

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$35,000

State Match for Expansion

Federal Match for Expansion

State O�sets from Expansion

Net State Costs for Expansion

-$983$2,245

$30,465

-$3,228


Net CostThe net cost, not costs or savings in isolation, is the most important number for policy makers to understand in deciding whether or not to expand Medicaid under the provisions of the Affordable Care Act. In our projections:

• The state would save money every year from 2014 through 2019 for a total of $1.17 billion in net savings through 2019.

• In 2020, when the federal match goes to 90 percent, the state begins to experience a net cost rather than net savings. The net cost to the state in 2020 is projected to be approximately $41 million ($65 per covered individual per year), growing to $52 million by 2023 ($83 per covered individual per year).

• The total impact of the Medicaid expansion to the state of Michigan over 10 years is a net savings of approximately $1 billion. Figure 6 and 7

These estimates are based on a set of assumptions that seem most likely to occur, based on research and prior experience. As a sensitivity test, we also calculated the expected net cost under alternative scenarios, which vary primarily according to assumptions regarding enrollment behavior. In our low take-up scenario, the net savings to the state are even greater ($1.4 billion) because the state’s direct cost of covering the newly insured is lower. By the same logic, a higher take-up rate yields smaller net savings over the 10-year period ($840 million). The full analysis with all three scenarios is available at CHRT.org.

7 Gross costs and budget offsets may not add up to net costs due to rounding.


Figure:6Net Cost Impacts to the State of the Medicaid Expansion, 2014-20237

Figure:7Summary of Fiscal Impacts of Medicaid Expansion, 2014-2023, in Millions

74

http://www.chrt.org/


Other Impacts

When it comes to important policy decisions, policy makers and the public are interested in more than budget impacts. When deciding whether or not to expand the Medicaid program, policy makers will also want to consider health impacts, impacts to the broader economy, and impacts to particular sectors of the economy.

Health ImpactsFirst and foremost, the public and policy makers will want to consider the health benefits of expanding Medicaid. A substantial body of research confirms what would seem to be common sense: not having health insurance is bad for your health. This work is summarized in a 2009 study by the Institute of Medicine.8

A more recent study analyzed outcomes in Oregon, which in 2008 made Medicaid benefits available to a group of approximately 10,000 previously uninsured, low-income adults, chosen by lottery from among almost 90,000 who applied for coverage.9 One year later, the study group was compared with a control group of applicants who did not gain coverage through the lottery. The results were clear: those who gained Medicaid coverage enjoyed significantly better physical and mental health than the control group. In addition to health benefits, Medicaid coverage also conferred financial benefits on the newly enrolled, who had lower medical debt—including fewer bills sent to collection—than the control group.

The population of very low-income adults covered in Oregon’s expansion is similar to the population that would be affected by the expansion decision facing Michigan today. The evidence is clear and convincing, therefore, that the Medicaid expansion would significantly improve the health of low-income Michiganders.

Policy makers may also want to weigh whether the state’s investment in the Medicaid expansion could be used in other ways to improve health and reduce mortality; there is less clear evidence on the effectiveness of alternative approaches to improving the health of low-income adults.

8 Institute of Medicine. America’s Uninsured Crisis: Consequences for Health and Health Care. February 2009. Available at http://www.iom.edu/Reports/2009/Americas-Uninsured-Crisis-Consequences-for-Health-and-Health-Care.aspx

9 Finkelstein, A., et al. The Oregon Health Insurance Experiment: Evidence from the First Year. The Quarterly Journal of Economics. Vol. 127, Issue 3. August 2012. Available at: http://economics.mit.edu/files/8139

Key Impacts of Medicaid Expansion75

http://www.iom.edu/Reports/2009/Americas-Uninsured-Crisis-Consequences-for-Health-and-Health-Care.aspx



http://economics.mit.edu/files/8139

http://economics.mit.edu/files/8139


Economic ImpactsThe Medicaid expansion would have direct economic effects on hospitals, and on employers who offer health coverage.

In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act. This law requires most hospitals to treat or appropriately transfer any patient presenting at its emergency department until the patient is stable, regardless of insurance status. Most health plans provide some payment to hospitals to offset the costs of treating the uninsured. Some of this cost is transferred—through higher premiums—to employers who provide (and individuals who purchase) health insurance coverage. While there is much debate about the extent of these costs, an analysis of one large payer’s hospital payment policies indicates the Medicaid expansion—by reducing the amount of uncompensated care hospitals must provide—is likely to result in savings to employers and individuals who purchase health coverage. On a statewide basis, 10-year aggregate savings in the range of $640 to $985 million could accrue to employers and individuals who purchase private health insurance as a result of the expansion of the state’s Medicaid program.

Finally, the state’s decision will have considerable impact on hospitals. In 2010, Michigan hospitals provided nearly $2.4 billion in uncompensated care, a 33 percent increase since 2007.10 Under current hospital reimbursement policy, hospitals that treat high rates of uninsured and publicly insured patients receive extra compensation called disproportionate share hospital (DSH) adjustment payments. The Affordable Care Act includes provisions to reduce DSH payments from the federal Medicare program. to hospitals nationally by $17.1 billion between 2014 and 2020, based on the assumption that the number of uninsured patients would decline during this period. The state-specific formula for that reduction has not yet been published; however, if Michigan opts out of the Medicaid expansion, Michigan hospitals would likely experience both an increase in uncompensated care costs, and a reduction in the DSH payments that have helped many hospitals mitigate that loss.

10 Blue Cross Blue Shield of Michigan

Key Impacts of Medicaid Expansion76

Center for Healthcare Research & Transformation2929PlymouthRoad,Suite245•AnnArbor,MI48105-3206Phone:734-998-7555•[email protected]•www.chrt.org


Our analysis of the impacts on the state of Michigan shows a 10-year savings to the state under all scenarios. In our middle scenario, the state would save almost $1 billion net of the cost of the Medicaid expansion over 10 years. In that scenario, the Medicaid expansion would bring an additional 620,000 people—most of whom are uninsured today—into the state’s Medicaid program, at an average annual savings of $176 per enrollee, with no net costs to the state until the year 2020. In 2020, the net cost to the state would be $65 per covered enrollee.

Other effects are harder to quantify with reliable data, but the Medicaid expansion is likely to have a favorable impact on the economy in general and hospital finances in particular.

Finally, compelling research tells us that having health insurance significantly improves health, quality of life, and mortality rates. Human costs may be harder to measure than budgetary impacts, but they are likely to be the most important reasons for the state to consider moving forward on the Medicaid expansion as enacted in the Affordable Care Act.

Conclusion77

http://www.chrt.org

Official Proclamation Of the Board of Commissioners


A Proclamation Commending Jane Cassidy, On Her Retirement as Uniserv Director for MEA-NEA Local 1

Chairman David J. Flynn, on Behalf of

The Board of Commissioners, Offers the Following Proclamation:

Whereas, the Macomb County Board of Commissioners wishes to extend

congratulations to Jane Cassidy on her well-earned retirement from the MEA-MEA Local 1; and

Whereas, Jane Cassidy earned her B.A. from the University of Michigan in 1968 and her M.S.W. from Michigan State University in 1974. Jane was an English teacher for Troy Public Schools from 1968 until 1971, and she served as a Social Worker for Lakeview Public Schools from 1974 until 2007. In 2008 she joined the MEA-NEA Local 1 as its Executive Director; and

Whereas, Jane Cassidy has always been involved in civil rights. She was active in the Anti-War Movement, Students’ for a Democratic Society, the SNCC, she was a member of the social workers associations in both Macomb County and the State of Michigan. She helped to write the Crisis Plan for Coordinators for Macomb County schools, served on the Women’s Issues Commission for the Michigan Education Association, volunteered for “Best Friends” shelter for abused animals, and during her entire career she unselfishly donated her time in many capacities with the Lakeview Education Association; and

Whereas, it is fitting and proper that public recognition be given to this outstanding individual for her various contributions and years of community service.

Now, Therefore, Be It Proclaimed, By The Board Of Commissioners, Speaking For And On Behalf Of All County Residents As Follows:

One

That By These Presents, the Macomb County Board of Commissioners publicly

acknowledges and expresses congratulations to Jane Cassidy on the occasion of her retirement and wishes her many years of enjoyment and relaxation.

Two

Be It Further Proclaimed that a suitable copy of this Proclamation be presented to Jane Cassidy in testimony of the high esteem in which she is held by the Macomb County Board of Commissioners.

78

Official Proclamation Of the Board of Commissioners


A Proclamation Honoring Father Giulio Schiavi As He Celebrates the 50th Anniversary of His Ordination

Commissioners Joe Sabatini and Bob Smith, On Behalf of the Board of Commissioners,

Offer the Following Proclamation:

Whereas, this great democracy was founded, in part, as a result of the search of our forefathers for a land where they could worship in the manner and substance of their choosing; and Whereas, the constitutional guarantee of “Freedom of Religion” is one of the hallmarks of our great nation; and Whereas, there exists a continuous need to minister to the spiritual and moral needs of the various peoples of our communities and nation; and

Whereas, Father Giulio Schiavi was ordained a Pontifical Institute for Foreign Missions “PIME” Priest on March 30, 1963, in the Diocese of Bergamo Italy, and for fifty years Father Giulio Schiavi has provided counsel and ministry to the spiritual and moral needs of people throughout the world. He has served the people in Bangladesh, Papua New Guinea and the United States; and

Whereas, Father Giulio Schiavi traveled to Ohio to learn English before beginning his first mission in Bangladesh in 1963. In 1980, he went to Papua New Guinea to re-establish PIME’s presence following a one hundred year lapse. Father Schiavi was then assigned as Rector of PIME’s High School Seminary in Newark, Ohio in 1986; he remained at that post for three years. Father Schiavi then returned to New Guinea and stayed until 1995. He returned to the United States and received permanent resident status. On January 1, 1997, he became the Pastor of San Francesco Church where he remains today; and

Whereas, members of the congregation and the community deeply appreciate the fact that

Father Giulio Schiavi, a humble, loving man, has led the Church with devotion, dedication and commitment; and

Whereas, it is fitting and proper that such outstanding and dedicated contributions to the Christian development of the worshipers of San Francesco Church and the metropolitan Detroit area by Father Giulio Schiavi be recognized.

Now, Therefore, Be It Resolved By The Board Of Commissioners, Speaking For And On Behalf Of All County Citizens As Follows:

One

That By These Presents, the Macomb County Board of Commissioners hereby proclaims, acknowledges and expresses its recognition for 50 years of service and for the many contributions made by Father Giulio Schiavi.

Two

Be It Further Proclaimed that a suitable copy of this Proclamation be presented to Father Giulio Schiavi in testimony of the high esteem in which he is held by the Macomb County Board of Commissioners.

79