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Commission approves new Register of Deeds software vendor GovOS after debate over liquidated damages clause
Summary
The commission approved a contract addendum to move the Register of Deeds system to GovOS. Commissioners questioned removal of a liquidated-damages provision; assistant corporation counsel said its removal was negotiated and acceptable to county counsel and register leadership.
The Wayne County Commission on April 15 approved a software and services contract to move the Register of Deeds'land-records system to GovOS, a web-based vendor serving multiple U.S. counties.
Bernard Youngblood, Register of Deeds (identified in the meeting as the register's office leader), explained the change was prompted by dissatisfaction with the incumbent vendor and the desire for improved performance for a database that manages roughly 900,000 parcels. Youngblood said GovOS serves other large counties and that the vendor aims to bring Wayne County live within about two and a half months.
The proposal drew specific questions from commissioners about the contract's removal of a general liquidated-damages provision. Commissioner Dobb asked whether corporation counsel had comments on that change. Jim Jernigan, assistant corporation counsel, told the commission the clause had been removed as part of vendor negotiations and that corporation counsel approved the contract. Youngblood and others said the county's remedy for nonperformance would be to withhold payment and pursue contractual remedies as needed; Register leadership also said prior practice had favored a cooperative approach with vendors.
Commissioner Kanesick (spelled in the record as a speaker who asked about technical approach) asked whether the software was a commercial off-the-shelf (COTS) system and who would bear the cost of any customization to match Wayne County business processes. Matthew McClain, a technical representative from GovOS, said the product is COTS but that the vendor would absorb the cost of the county-specific configuration described in committee.
Commissioners moved approval of the contract (motion by Commissioner Garza, second by Commissioner Marecki); the measure carried. During discussion, Register of Deeds leadership framed the contract as a rapid replacement for a 13-year incumbent system; staff described GovOS customers in other Michigan counties and larger U.S. counties as references.
Ending: The commission approved the GovOS contract after debate; corporation counsel confirmed the removal of liquidated damages resulted from negotiation and that the county had approved the contract language.
