Downtown Detroit Business Improvement Zone Board of Directors 

 

REGULAR MEETING  

Thursday, September 25, 2014 2:30 p.m. 

 Conference Room 3010 The Guardian Building 

500 Griswold St. Detroit, MI 48226 

 AGENDA 

I.  Call to Order  II.  Roll Call  III.  Approval of Agenda  IV.  Approval of Minutes    a.  Minutes of August 12, 2014 Regular Meeting  V.  Administrative Report    

a.        Robert Gregory & Eric Wilson, Downtown Detroit Partnership  VI.  Audits (none)  VII.  Committee Reports (none)  VIII.  Old Business (none)  IX.  New Business  

a. Public Hearing on FY 2014‐2015 Budget 

i. Resolution 2014‐__‐FY 2014 General Appropriations Act 

ii. Discussion 

iii. Public Comment 

iv. Amendments (if any) 

v. Record Roll Call Vote 

b.  Resolution 2014‐__‐Adopt Record Management Policy 

X.  Public Comment (if any)  

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  XI.  Other Business 

a. BIZ revenue update, Paul Trulik, Apparatus Solutions Inc.  

b. Existing Clean Downtown program overview, Ryan Epstein, Downtown Detroit Partnership  

c. Clean Project Scope of Services, Robert Gregory & Eric Wilson, Downtown Detroit Partnership  XII.  Adjournment   A copy of the proposed minutes of the meeting will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 8 business days. A copy of the approved minutes of the meeting, including any corrections, will be available for public inspection at the principal office of the Downtown Detroit Business Improvement Zone within 5 business days after approval by the board of directors.   LAN01\360386.1 

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE

Board of Directors Tuesday, August 12, 2014

8:30a.m. Guardian Building, Conference Room 3010

500 Griswold St. Detroit, Ml48226

MINUTES

IKI Proposed Minutes D Approved Minutes

MEETING TYPE: IKI Regular D Special

I. Call To Order

The meeting ofthe board of directors was called to order at 8:37a.m. by Tricia Keith, functioning as temporary chairperson with the unanimous consent of the members ofthe board of directors present.

II. Roll Call

Temporary chairperson Tricia Kiethey asked ifthere were any objections to her calling the roll of the members to establish the members present for the first meeting of the board of directors. There were no objections. The following is the attendance roll for the board of directors:

George Barnes, Vice Chairperson ~Present OAbsent Charles Beckham, Member ~Present DAbsent Debra Dansby, Member* ~Present DAbsent David Di Rita, Member ~Present OAbsent Chris Ferchill, Member ~Present DAbsent Linda Forte, Member ~Present OAbsent Ken Harris, Member ~Present DAbsent Debra Homic Hoge, Member ~Present DAbsent Richard Hosey, Treasurer ~Present OAbsent George Johnson, Member ~Present DAbsent Tricia Keith, Chairperson ~Present DAbsent Mark King, Secretary ~Present DAbsent Steven Marquardt, Member ~Present DAbsent Dwight Phillips, Member ~Present DAbsent Steven Zanella, Member OPresent ~Absent

*Participated by teleconference.

Temporary chairperson Tricia Keith indicated that there were _13_ members of the board of directors present, _2_ members absent, and that a quorum was present.

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Mr. Charlie Beckham joined the meeting at 8:41a.m.

Other attendees: Downtown Detroit Partnership representatives: Eric Larson, Robert Gregory, Eric Wilson, Melanie Piana, Ryan Epstein Maryann Listman, Heather Kazmierczak, Harold Love, and Paige Shesterkin.

Apparatus Solutions: Paul Trulik and Jennifer Bright.

Dykema Gossett Steven Liedel and Cameron Piggott.

Rock Ventures Vadim Avshalumov.

Ill. Approval of Agenda

Temporary chairperson Tricia Keith indicated that the staff of Downtown Detroit Partnership had prepared and circulated a proposed agenda for the board of director's first meeting and asked if there were any objections to adoption of the agenda. There were none. The agenda was adopted as presented and the temporary chairperson indicated that she would proceed using the agenda.

IV. Approval of Minutes

As the board of directors has not previously met, there were no minutes from prior meetings to approve.

V. Administrative Report

There were no administrative reports.

VI. Audits

There were no audits.

VII. Committee Reports

There were no committee reports.

VIII. Old Business

There were no committee reports.

IX. New Business a. Presentation on organization of business improvement zone

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Temporary chairperson Tricia Keith indicated that Downtown Detroit Partnership has asked for the opportunity to provide the board of directors with some helpful background information relating to the organization and implementation of the new Downtown Detroit Business Improvement Zone before the board of directors proceeded with the action items on the agenda. She asked if there were any objection to proceeding hearing a presentation from Robert Gregory of Downtown Detroit Partnership. There were no objections.

Robert Gregory from Downtown Detroit Partnership provided the board of directors with a presentation on the organization ofthe business improvement zone.

b. Resolution 2014-1 Adoption of bylaws

Temporary chairperson Tricia Keith recognized Steve Liedel of Dykema to provide a brief summary of the major provisions of the initial bylaws prepared by Dykema on behalf of the business improvement zone.

Mr. Liedel provided a brief summary of the major provisions of the proposed bylaws.

Temporary chairperson Tricia Keith asked whether there was a motion to approve the resolution providing for the adoption of by laws.

Moved by: Linda Forte Supported by: Charles Barnes

Yes: 14 No:O.

The resolution was adopted ..

c. Resolution 2014-2 Election of chairperson

Temporary chairperson Tricia Keith asked whether there were any objections to voting on the motion to adopt the resolution providing for the election of a chairperson. There were no objections.

Debra Homic Hoge moved, without objection that the board of directors unanimously elect Tricia Keith as chairperson of the board of directors.

Mark King immediately supported the motion.

Ms. Keith indicated that she would abstain from voting.

The board of directors unanimously elected Tricia Keith as chairperson of the board of directors and the resolution was adopted, with Ms. Keith abstaining.

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d. Resolution 2014-3 Election of officers

The chairperson asked ifthere was a motion to elect other officers. The chairperson recognized Eric Larson of Downtown Detroit Partnership (DDP}, who indicated that staff at DDP had a recommendation for a balanced group of officers providing good representation of the board of directors and recommended that the board of directors consider the election of George Barnes as vice-chairperson, Mark King as secretary and Richard Hosey as treasurer.

Linda Forte moved that the board of directors elect George Barnes as vice-chairperson, Mark King as secretary, and Richard Hosey as treasurer.

Charlie Beckham supported the motion.

Yes: 14 No:O.

The motion was approved and the resolution adopted unanimously.

e. Resolution 2014-4 Retain legal counsel

The chairperson asked for a motion to retain Dykema Gossett PLLC as legal counsel to the Detroit Downtown Business Improvement Zone and to authorize the chairperson to sign an engagement letter on behalf ofthe board.

Moved by: Richard Hosey Supported by: Chris Ferchill

Yes: 14 No: 0.

The motion was approved and Resolution 2014-4 adopted.

f. Resolution 2014-5 Confirm tax-exempt status

Mr. Liedel provided an explanation about the process for obtaining recognition ofthe Business Improvement Zone's tax exempt status from the Internal Revenue Service ..

Moved by: Mark King Supported by: George Johnson

Yes: 14 No:O.

The motion was approved and Resolution 2014-5 adopted unanimously.

g. Resolution 2014-6

Moved by: David Di Rita Supported by: Linda Forte

Yes: 14 No:O.

Adopt ethics and conflict of interests policy

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The motion was approved and Resolution 2014-6 adopted unanimously.

h. Presentation on Open Meetings Act compliance

The board heard a presentation from Mr. Liedel on compliance with Michigan's Open Meetings Act. The chairperson recognized Mr. Avshalumov, who asked if meetings of the board of director meetings must take place in public buildings. Mr. Liedel responded no and explained that under Michigan's Open Meetings Act people cannot be required to show identification to attend a public meeting. Buildings with established procedures to allow members of the public to enter the building without signing in or showing identification is can comply with the comply with the Open Meetings Act, but the building need not be a public building.

i. Resolution 2014-7 Format for agenda, minutes, and resolutions

Moved by: Dwight Phillips Supported by: Mark King

Yes: 14No: 0.

The motion was approved and Resolution 2014-7 adopted.

j. Resolution 2014-8 Adopt regular meeting schedule for 2014

Moved by: David Di Rita Supported by: Debra Homic Hoge

Yes: 14 No: 0.

The motion was approved and Resolution 2014-8 adopted.

k. Resolution 2014-_Authorize Administrative Services Agreement with Detroit

Downtown, Inc.

Mr. Trulik answered a board member question regarding how the BIZ will ensure the review of independent contractors. DDI will serve as an independent contractor to the BIZ. The employees will be under DDI, not under the BIZ.

George Johnson moved that consideration ofthis consideration of the resolution authorizing an administrative services agreement be postponed temporarily until after the board of directors acts upon item q on the agenda relating to a notice for the FY 2014-2015 budget. The motion was supported by Debra Homic Hoge. The motion was approved 14-0. The item was postponed temporarily.

I. Resolution 2014-9 Certification of 2014 assessment calculation

Moved by: Linda Forte Supported by: David Di Rita

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Yes: 14No: 0.

The motion was approved and Resolution 2014-9 adopted unanimously.

m. Presentation on budget

The board heard a presentation from Paul Trulik on budget matters for the Downtown Detroit Business Improvement Zone.

Mr. Gregory responded to a board member question about which entity is responsible for following up on BIZ non-payment assessments.

Mr. Gregory responded that DDI is responsible for obtaining BIZ assessment payment compliance.

Mr. Trulik responded to a board member question about the Clean Downtown program services currently paid for by voluntary donations. The Clean Downtown program is running on fumes with voluntary donations. Clean Downtown will have insufficient funds in September and October. In lieu of ending essential downtown programming, the BIZ will take over paying for programming starting September 15

t.

Mr. Trulik responded to a board member question about independent contractor insurance. DDI will ensure independent contractors have insurance requirements and indicated that DDI will front costs initially.

Mr. Di Rita stated that he had heard from other downtown property owners who expect immediate service improvement impact even though the BIZ board knows the Clean Downtown is on voluntary funding fumes. DDI seeks program improvements and efficiencies to existing programming.

n. Resolution 2014-10 FY 2014-2015 budget time schedule

Moved by: Richard Hosey Supported by: Mark King

Yes: 14 No: 0.

The motion was approved and Resolution 2014-10 adopted.

o. Presentation of recommended budget FY 2014-2015 and general appropriations act

In her capacity as chief administrative officer of the Zone, the chairperson presented the board of directors with a recommended budget and a draft general appropriations act for the 2014-2015 fiscal year. Paul Trulik provided additional information on the recommended budget and the draft general appropriations act.

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p. Resolution 2014-11 Publication of FY 2014-2015 budget notice

Moved by: Linda Forte Supported by: Mark King

Yes: 14 No: 0.

The motion was approved and Resolution 2014-11 adopted.

The Board returned to consideration of agenda item k, a resolution relating to an administrative services agreement, which had been previously postponed.

Mr. Trulik answered a board member question on the definition of reasonable expense. DDP will seeks to keep miscellaneous expenses off of the DDI contract.

George Barnes moved that the resolution be approved. George Johnson supported the motion. The motion was approved 14-0 as the resolution was adopted as Resolution 2014-12.

q. Resolution 2014-13 Designation financial institution

Linda Forte recused herself from voting on this item due to her employment by Come rica Bank and left the room.

Moved by: George Johnson Supported by: George Barnes

Yes: 13 No:O.

The motion was approved and Resolution 2014-13 adopted.

Yes: _14_ No:_O_

The motion was approved and Resolution 2014-14 adopted.

X. Public Comment

Vice-Chairman George Barnes expressed his excitement for the rebirth of Detroit and the well-represented BIZ Board of Directors. He looks forward to working with everyone.

XI. Other Business

a. Discussion of Election of Executive Committee

Linda Forte returned to the room.

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The board of directors discussed the establishment of an executive committee as provided under section 5.5 of the bylaws.

a. Resolution 2014-14 Election of Executive Committee

The board of directors discussed the establishment of an executive committee as provided under section 5.5 of the bylaws.

Dwight Phillips moved that the executive committee be established as provided under section 5.5 of the bylaws and moved that Deb Dansby, Debra Homic Hoge, and Steve Marquardt be elected as members ofthe executive committee.

Linda Forte supported the motion. The motion was approved unanimously.

XII. Adjournment

Moved by: Mark King Supported by: Linda Forte

Yes: 14 No: 0.

The meeting adjourned at 10:10 a.m.

Certification of Minutes

Approved by the board of directors on September 25, 2014.

Mark King Secretary

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Date

Date

600 Renaissance Center Tel: 313.566.8250 Suite 1740 Fax: 313.567.3474 Detroit, MI 48243 DowntownDetroit.org

MEMORANDUM  

TO:  Downtown Detroit BIZ Board of Directors 

FROM:  BIZ Implementation Team 

SUBJECT:  September 2014 Administrative Report  

DATE:    September 25, 2014 

 This Administrative Report will keep you updated on a variety of staff activities not included under “New Business.”    1. BIZ Implementation Timeline Attached is a timeline of major BIZ implementation milestones, including board meeting actions, BIZ assessments, and general communications and marketing and service vendor selection.   2. Downtown Insights Survey Business improvement districts around the country conduct annual stakeholder surveys to establish performance measures. With funding from the Downtown Detroit Partnership, the BIZ implementation team is launching the first annual “Downtown Insights Survey.” Feedback from Downtown residents, employees, visitors will be collected and analyzed. Our target is 4,000 completed online surveys reaching a wide variety of stakeholders. The survey will be publicly launched in the next two weeks. LaVerdad Marketing, a minority owned business with significant experience conducted such surveys, serves as our technical partner guiding deployment.  3. District Branding Business improvement zones often incorporate a logo and other branding elements into on‐street elements such as trash receptacles, banners, ambassador uniforms and websites. The BIZ implementation team has started researching best practices in downtown district branding and marketing. The goal is to identify a strategy that will be ready for deployment once integrated services launch in 2015.   4. BIZ Board Documents All BIZ Board documents, meeting notices and BIZ assessment information are accessible to the public at www.downtowndetroit.org. Staff are researching online services like those used by municipal city clerks to improve accessibility and transparency.  5. Upcoming Meetings & Events Oct. 16:   BIZ Board of Directors Public Meeting, 8:30am to 10am, Guardian Building  6. BIZ Update Newsletter #2 In July, Downtown property owners received a newsletter explaining the BIZ assessment on summer tax bills. The BIZ team plans a second newsletter for November. The second newsletter will cover board activities since July, the status of Clean services and planned activities for 2015.  

BIZ/DDP Marketing

Q2 2014 – Q2 2015Updated: 25 September 2014 FY 2014-2015

(to 30 Jun 2015)

DDP Competitive Service Vendor Process

BIZ BOD 4 (Dec 18)

BIZ BOD 2 (Sep 25)

BIZ BOD 3 (Oct 16)

BIZ BOD 1(Aug 12)

BIZ Board Meeting Topics BIZ BOD 1:• Approve by-laws• Approve officers

BIZ BOD 2 (public hearing):• Review BIZ implementation timeline,

Downtown Insights survey and branding overview

• Adopt FY2014-15 budget• Adopt record management policy• Review current Clean Downtown program• Review clean services project scope

BIZ BOD 3:• Review 2014 assessment receipts• Service procurement process update• Communications update• Review current landscaping program• Review landscaping project scope

BIZ adopted(Apr 15)

Phase I: Evaluation & planning

1. Review existing Clean Downtown model2. Study service delivery precedents in other cities

BIZ BOD 4 potential topics: • Report on Downtown Insights survey• Update on service vendor process• BIZ branding analysis & recommendation• MOU with Dept. of Finance• Clarify process to address assessment

scofflaws• Review safety/hospitality Ambassador

project scope

Jan Feb MarOct Nov Dec Apr May

Q3 2014

Jul SepAugMay JunApr

Q2 2014

Jun

Q4 2014 Q1 2015 Q2 2015

Phase II: Competitive selection process

1. Develop scope of services2. Issue RFQ/RFP to vendors (local and national)3. Procure vendor4. Establish programs and training

Phase III: Transition

Launch integrated services model

BIZ BOD 6 (TBD)

BIZ BOD 5 (TBD)

BIZ BOD 5-6 potential topics: • Certify 2015 assessments• Service vendor process update and deployment

timeframe• Develop annual report and audit procedure• Report actual 2014 assessment payments• FY2015-2016 budget review• Communications update• Procure audit services

Issue RFP for audit services

BIZ Assessments and Audit

2015 BIZ assessments calcs delivered to city

2014 second installment taxes due

2015 assessment calculations begin

2014 first installment taxes due

Identify strategy for collecting in-lieu payments from non-assessable properties City DOF/BIZ MOU

BIZ/DDP Communications

• Postcard• Property owner newsletter #1• Monthly DDP E-newsletters

Phase I: Set expectations Phase III: Grow BIZ awareness and customer service focus

Informal City Council update

DDP Insights survey kickoff

DDP Insights survey results

DDP Website updates

Phase II: Gather input

Property owner newsletter #2

Downtown Insights Survey

Create Downtown Detroit BIZ branding strategy Incorporate branding into services launchNational downtown BIZ branding precedent review

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE BOARD OF DIRECTORS

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RESOLUTION 2014-__ FY 2014-2015 General Appropriations Act

The board of directors of the Downtown Detroit Business Improvement Zone (“Zone”) resolves: Section 1. Title. This resolution shall be known and may be cited as the “Downtown Detroit

Business Improvement Zone FY 2014-2015 General Appropriations Act”. Section 2. Public Hearing. In compliance with 1963 (2nd Ex Sess) PA 43, MCL 141.411 to

141.415, notice of a public hearing on the proposed budget was published in a newspaper of general circulation on September 4, 2014 and a public hearing on the proposed budget was held by the board of directors on September 25, 2014.

Section 3. Millage Levy. The Zone is not authorized to levy taxes. Section 4. Adoption of Budget by Activity. The board of directors adopts the budget for the

Zone for the fiscal year ending on June 30, 2015 by activity. Zone officials responsible for the expenditures authorized in the budget may expend Zone funds up to, but not to exceed, the total appropriation authorized for each activity.

Section 5. Payment of Bills. All claims or bills against the Zone shall be approved by the board

of directors before payment by the Zone. However, the treasurer may pay certain claims or bills before payment is approved by the board of directors to avoid late penalties, service charges, or interest. Any claims or bills paid before approval by the board of directors shall be reported by the treasurer to the board of directors for approval at the next meeting of the board of directors.

Section 6. Estimated Revenues and Expenditures. Estimated total revenues and expenditures

for the Zone for FY 2014-2015 are: Fund Revenue Expenditures General $ 3,120,000 $ 3,115,125 General Fund 2014 REVENUE 401 Taxes 0 450 Licenses and Permits 0 501 Federal Grants 0 539 State Grants 0 580 Contribution From Local Units 0 600 Charges for Services 0 655 Fines and Forfeits 0 664 Interest and Rents 0 671 Other Revenue $3,120,000

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Total Revenue and Other Sources EXPENDITURES 701 Personal Services 0 726 Supplies 0 800 Other Services and Charges $2,855,625 802 Legal Services $97,500 901 Insurance $10,000 970 Capital Outlay 0 990 Debt Service 0 999 Transfers (Out) 0 Contingency $140,00 Total Expenditures and Other Uses $3,115,125 Net Revenues (Expenditures) $4,875 Beginning Fund Balance 0 Ending Fund Balance $4,875 Section 7. Specific Appropriations. Of the amounts appropriated in section 6 for Other Services

and Charges, the following amounts are appropriated for the following purposes: Project Management/Administration/Accounting $430,625 Communication/Marketing/Outreach $50,000 Office/Telecommunications/Information Technology $100,000 Clean $1,400,000 Holiday Lighting $200,000 Landscaping and Maintenance $350,000 Parks and Common Areas $430,625 Public Safety Ambassadors $200,000 Section 8. Periodic Financial Reports. The treasurer shall provide the board of directors at its

meeting immediately following the end of each fiscal quarter, and at the final meeting of the board of directors of the fiscal year, a report of fiscal year to date revenues and expenditures compared to the budgeted amounts for the fiscal year.

Section 9. Budget Monitoring. Whenever it appears to the chief administrative officer of the

Zone that the actual and probable revenues in any fund of the Zone will be less than the estimated revenues upon which appropriations from the fund were based, and when it appears that expenditures will exceed an appropriation, the chief administrative officer shall present recommendations to the board of directors to prevent expenditures from exceeding available revenues or appropriations for the fiscal year. The recommendations shall include proposals for reducing appropriations, increasing revenues, or both.

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Section 10. Adoption. Motion made by ________________. Seconded by ______________ to adopt this resolution as the general appropriations act for the Zone for the fiscal year ending June 30, 2015. Upon a roll call vote, the following members of the board of directors voted yes: _________________________________________________________________________________. The following noted no: _________________________________________________________________________________.

Secretary’s Certification: I certify that this resolution was duly adopted by the board of directors of the Downtown Detroit

Business Improvement Zone at a properly-noticed open meeting held with a quorum present on September 25, 2014.

By: __________________________ Mark King Secretary

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE BOARD OF DIRECTORS

_______________________

RESOLUTION 2014-__ Adopt Record Management Policy

The board of directors of the Downtown Detroit Business Improvement Zone (“Zone”) resolves

that the following record management policy is adopted for the Zone:

RECORD MANAGEMENT POLICY

1. Public Record. For purposes of this policy, “Public Record” means information prepared, owned, used, in the possession of, or retained by the Zone in the performance of an official function, from the time it is created, but does not include computer software.

2. Responsibility for Public Records. Each individual who creates, sends, or receives a

Public Record of the Zone is responsible for retaining the Public Record consistent with this policy. 3. Retention of Public Records. (a) All Public Records of the Zone must be retained

consistent with an approved Retention and Disposal Schedule. A Public Record of the Zone not listed on an approved Retention and Disposal Schedule shall be retained until an applicable schedule is approved (consistent with section 491 of The Michigan Penal Code, 1921 PA 328, MCL 750.591).

(b) Inclusion of a Public Record on a Retention and Disposal Schedule does not

require that the Public Record be created, but if a Public Record is created in the normal course of business of the Zone, the Public Record must be retained for the minimum retention period provided on the Retention and Disposal Schedule. A Public Record may be retained for a longer period if an individual has reason to believe that a Public Record may be needed beyond the minimum retention period for the efficient operation of the Zone.

(c) A Public Record not covered by a General Schedule must be listed on an Agency‐

Specific Schedule. An Agency‐Specific Schedule always supersedes a General Schedule.

4. Non-Records. An individual is not required to retain a record that is not a Public Record (a “Non-Record”) once the reference value to the individual has expired. A Non‐Record includes extra copies of documents retained only for convenience of reference and letters of transmittal or routine correspondence that do not document significant activities of the Zone. However, if a request for a Non‐Record is received under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246 (“FOIA”), or if the Zone becomes involved in litigation, a Non‐Record may be requested and may be released by the Zone, if the Non‐Record has not already been destroyed.

5. Maintenance of Public Records. (a) Public Records of the Zone will be organized to

promote the efficient retrieval of information. Appropriate and cost‐effective office equipment, indexes and tools will be used to maintain Public Records.

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(b) Public Records that will be retained for more than 10 years will be stored in an environment that facilitates the security and stability of the storage media, consistent with recommendations of the state of Michigan available at:

http://www.michigan.gov/documents/hal_mhc_rms_storage_conditions_125646_7.pdf. 6. Protected Information. Public Records containing sensitive or confidential information

will be protected against unauthorized access, including Public Records protected by state or federal laws and Public Records containing private information, financial information, background checks information, medical information, and social security numbers (“Protected Information”).

7. Reproduction of Public Records. Consistent with the Records Reproduction Act, 1992

PA 116, MCL 24.401 to 24.406, the Zone will comply with the state of Michigan’s best practices for reproducing Public Records at:

http://www.michigan.gov/documents/hal_mhc_rms_bp_for_reproduction_125530_7.pdf. 8. Disposal of Public Records. (a) Public Records that have reached their minimum

retention period and are no longer required for the efficient operation of the Zone, may be disposed. Disposal will be by a method that protects against the disclosure of Protected Information.

(b) The Zone will destroy Protected Information by (1) shredding or otherwise

rendering unreadable paper records, (2) erasing or destroying electronically stored data, and (3) utilizing a Records Retention Schedule.

(c) The Zone may destroy Public Records that don’t contain Protected Information

by records by recycling or regular trash disposal. (d) The Zone may designate Public Records with a permanent or historical value for

eventual transfer to the Archives of Michigan for permanent preservation. The Zone will follow the Archives’ procedures for transferring records, which are available at:

http://www.michigan.gov/dtmb/0,5552,7-150-9141_21738_31550-56141--,00.html. 9. Litigation, Investigations, and FOIA. A record of the Zone that is the subject of litigation,

a pending investigation or a FOIA request must not be destroyed until the legal action or activity has ended, even if the record is a Non‐Record or Public Record otherwise authorized to be disposed under this policy. An individual with knowledge of pending litigation, a pending investigation, or a FOIA request shall immediately notify the Zone’s legal counsel and the chairperson of the Zone’s board of directors. The chairperson or the legal counsel will direct all relevant individuals to immediately cease disposal of all records relevant to the pending litigation, pending investigation, or FOIA request. Should questions arise as to what records are relevant to the pending litigation, pending investigation, or FOIA request, the legal counsel or chairperson may direct the immediate cessation of the disposal of all records. A moratorium on the disposal of all records relevant to the pending litigation, pending investigation, or FOIA request will remain in effect for the duration of the litigation, investigation, or until the FOIA request had been fully processed.

9. Guidance. Guidance regarding the interpretation and application of this policy can be

obtained in the Records Management for Local Government, published by the Michigan Department of Technology, Management, and Budget and available at:

http://www.michigan.gov/documents/hal_mhc_rms_Local_RM_Manual_116243_7.pdf.

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10. Definitions. For purposes of this policy:

(a) “Agency-Specific Schedule” means a Record Retention Schedule that applies to Public Records that are unique to a particular government agency. Agency‐Specific Schedules only address the records of the agency named on the schedule, and may not be used by another agency.

(b) “General Schedule” means a Record Retention Schedule that applies to Public

Records that are common to a particular type of government agency. A General Schedule may not address every single Public Record of a government agency.

(c) “Retention and Disposal Schedule” means a schedule approved by the

Michigan Department of Technology, Management, and Budget, the Archives of Michigan, and the State Administrative Board that defines how long a described Public Record must be retained. A Retention and Disposal Schedule also indicates which Public Records have archival value, and when those Public Records should be transferred to the Archives of Michigan.

Secretary’s Certification:

I certify that this resolution was duly adopted by the board of directors of the Downtown Detroit Business Improvement Zone at a properly‐noticed open meeting held with a quorum present on September 25, 2014.

By: ____________________________ Mark King Secretary

LAN01\362311.1

STATE OF MICHIGAN

RECORDS MANAGEMENT MANUAL FOR LOCAL

GOVERNMENTS

Records Management Services

July 27, 2010

Table of Contents:

Section Page Number

Introduction 2

Public Records 3

Retention and Disposal Schedules 4

Disposition of Public Records 10

Managing Electronic Records 11

Proper Storage of Records 12 Depositing Public Records with 14 Alternative Institutions

Regional Depository System 18

Laws: M.C.L. 15.231-15.232 (Freedom of Information Act, Definitions) M.C.L. 18.1284-1292 (Management and Budget Act, Records Management) M.C.L. 399.1-10 (Historical Commission Act) M.C.L. 750.491 (Penal Code, Public Records) Note: The Michigan Complied Laws are available online at http://www.legislature.mi.gov/.

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Introduction

Public records are the property of the people of the State of Michigan. As a result, Michigan government agencies are responsible for ensuring that the public records they create and receive while conducting public business are retained and destroyed in accordance with Michigan law. The Records Management Services (an agency within the Department of Management and Budget) is responsible for assisting local government agencies with addressing records management and preservation issues.

While there are various laws that require Michigan government agencies to employ sound records management practices, agencies often find that good records management is good business. Almost every business process employs records, and agencies need to ensure that these records are managed in an effective and an efficient manner. Good records management can save agencies time and space (resources that are frequently in short supply for most offices).

Records Management Services can help local government agencies:

Create records retention and disposal schedules for local government offices. Analyze the need for microfilm, microfiche, digital imaging systems and other

records storage media. Follow regulations for reproducing public records. Appraise records for long-term value, and identify conservation solutions. Determine the best method of records disposal. Learn about emerging records management issues associated with computer

technology. Establish proper storage space for local government records.

Local governments seeking assistance with their records management and preservation concerns may contact: Records Management Services Department of Technology, Management and Budget 3400 N. Grand River Ave. Lansing, Michigan 48909 (517) 335-9132 (phone) (517) 321-3408 (fax) http://www.michigan.gov/recordsmanagement/

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Public Records The Michigan Freedom of Information Act (FOIA) (Public Act 442 of 1976, as amended), defines public records as recorded information “prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” Two laws provide that local government records belong to the people of Michigan.

A. Section 491 of the Michigan Penal Code (MCL 750.491) declares that all official books, papers, and records created by (or received in) any office or agency of the political subdivisions of the state of Michigan are considered public property, belonging to the people of the state.

B. Section 5 of the Michigan Historical Commission Act (MCL 399.5) provides that all records required to be kept by local public officers in the discharge of their duties, records required to be filed in local public offices, and records which represent memorials of transactions of local public officers, are considered to be property of this state.

Section 491 of the Penal Code (MCL 750.491) declares the improper disposal of local government records to be a crime. This law states as follows: “Any person who shall willfully carry away, mutilate or destroy any of such books, papers, records or any part of the same, and any person who shall retain and continue to hold the possession of any books, papers, or records, or parts thereof, belonging to the aforesaid offices and shall refuse to deliver up such books, papers, records, or parts thereof to the proper officer having charge of the office to which such books, papers, or records belong, upon demand being made by such officer, or, in cases of a defunct office, the Michigan historical commission, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than $1,000.00.”

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Retention and Disposal Schedules Michigan law requires that all records be listed on an approved Retention and Disposal Schedule that identifies how long the records must be kept, when they may be destroyed, and when certain records can be sent to the Archives of Michigan for permanent preservation. All Retention and Disposal Schedules must be formally approved by the Records Management Services (DTMB), the Archives of Michigan (DNRE) and the State Administrative Board. Retention periods listed on approved Retention and Disposal Schedules have the force of law. There are two types of schedules that local government agencies may use: A “general schedule” will cover records that are common to a particular type of

local government agency, such as a county clerk or a school district. General schedules may not address every single record that a particular agency may have in its possession. General schedules do not mandate that any of the records listed on the schedule be created. However, if they are created in the normal course of business, the schedule establishes a retention period for them.

Any record that is not covered by a general schedule must be listed on an “agency-specific schedule.” These schedules cover records that are unique to a particular local government agency. Agency-specific schedules always supersede general schedules. Agency-specific schedules only address the records of the agency named on the schedule, and may not be used by another agency.

Note: Agencies must immediately cease the destruction of all relevant records (even if destruction is authorized by an approved Retention and Disposal Schedule) if they receive a FOIA request, if they believe that an investigation or litigation is imminent, or if they are notified that an investigation or litigation has commenced. If relevant records exist in electronic formats (such as e-mail, digital images, word processed documents, databases, backup tapes, etc.), the agency may need to notify its information technology staff. Failure to cease the destruction of relevant records could result in penalties. RECORDS AND RECORDS SERIES Retention and Disposal Schedules are generally used to identify retention requirements for records series, but they may also be used to identify specific records. A “records series” is a logical grouping of related records normally filed together to support a specific business process. Whereas, a “record” is an individual piece of recorded information. For example, the January 2003 minutes of the meeting of the Michigan Historical Commission is an individual record. However, all of the minutes of all meetings held by the Michigan Historical Commission, organized chronologically with meeting notices, agendas and supporting documentation, constitute a records series.

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GENERAL RETENTION SCHEDULES The general retention schedules that are listed below are approved for use by local governments.

1. Nonrecord Material Defined (approved 11-16-2004)

2. Public Schools, Michigan Department of Education Bulletin No. 522, Revised (approved 9-5-2006)

3. County Registers of Deeds (approved 10-17-2006)

4. County Treasurers (superseded 9-12-2008 by General Schedule #27)

5. County Social Services (superseded 4-17-2007)

6. County Clerks (approved 5-3-2005)

7. Local Health Departments (approved 10-5-2004)

8. Cities and Villages (approved 4-7-1998, updated 2010)

9. County Roads Commissions (approved 8-4-1998)

10. Townships The Michigan Township Record Retention General Schedule is available from the Michigan Townships Association.

11. Local Law Enforcement (approved 8-2-2005)

16. Trial Courts (approved 11-8-2006)

17. Public Libraries (approved 1-18-2005)

18. Fire/Ambulance Departments (approved 3-6-2007)

19. Prosecuting Attorneys (approved 5-1-2007)

20. Community Mental Health Services Programs (approved 5-1-2007)

21. County Veterans Affairs (approved 11-6-2007)

22. Veterans Trust Fund (approved 12-4-2007)

23. Elections Records (approved 10-16-2007)

24. City and Village Clerks (approved 11-5-2008)

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25. Township Clerks (approved 6-17-2008)

26. Local Government Human Resources (approved 10-7-2008)

27. County Treasurers (approved 9-12-2008)

28. City and Village Treasurers (approved 7-20-2010)

29. Township Treasurers (approved 9-1-2009)

30. Local Government Information Technology (approved 12-1-2009)

31. Local Government Financial Records (approved 4-7-2009)

32. Local Government Parks and Recreation Departments (approved 4-20-2010)

34. Local 9-1-1 Call Centers (approved 7-20-2010)

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CREATING RETENTION AND DISPOSAL SCHEDULES

1. Conduct an inventory of all records or records series (both paper and electronic)

that are created or maintained by the agency. (See the “Series Inventory Form”.) A. It helps to select a room or cubicle, and then survey each drawer of each file

cabinet or shelving unit to determine its contents. B. While conducting the inventory, it would be a good idea to ensure that all

drawers, shelves, file folders, boxes, etc. are properly labeled. C. Identify any databases, spreadsheets, etc. that are used to support business

processes or to help access paper files (such as indexes).

2. Create a list of the record series identified as a result of the inventory, and include brief description of the function and content of each series.1 Try to answer the following questions: A. Why is the record series created? B. Does a law mandate the creation of the records series? If so, which law? C. How is the records series created? D. How are the records organized? (alphabetically, chronologically, etc.) E. What format(s) does the records series exist in? (paper, photographs, maps,

drawings, microfilm, digital images, e-mail, database, etc.) F. What information can be found on a particular record? (names, dates, social

security numbers, addresses, etc.) G. Does the record series contain confidential information? H. When did the agency first start to create/receive this record series? Is the

record series still created? I. Do other agencies maintain the same exact records series? If so, who? Why?

3. Establish retention periods for each records series based upon the following:

A. Statutorily required retention period, if any B. Statute of limitation requirements C. Audit requirements D. Administrative need E. Potential historical value

4. Enter the proposed schedule onto the Records Retention and Disposal Schedule

form (MH-43). This form is available online at http://www.michigan.gov/recordsmanagement/.

5. Have the completed schedule signed by the authorizing official. This person may be

the agency head, the mayor, manager, or administrator as provided by the official policy of the unit of local government submitting the schedule. Note: Records

                                                 1 Records series descriptions are essential for helping people identify and locate the records in their office.

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Management Services is willing to review and comment upon draft schedules before the agency seeks the signature of an authorizing official.

6. Send the signed schedule to: Records Management Services, 3400 N. Grand River,

Lansing, Michigan 48909. 7. Records Management Services will review the schedule and identify record series

that possess historical value. If the Archives of Michigan authorizes the eventual transfer of a particular record series to its custody for permanent preservation, a notation, such as “Transfer to the Archives of Michigan,” will be placed in the column headed "Retention Period."

8. Records Management Services will forward the schedule to the State Administrative

Board for approval. 9. A copy of the schedule will be returned to the local government agency, after the

schedule is approved by the State Administrative Board. Note: The Records Management Services will retain the original approved schedule.

10. The local government agency may begin to dispose of records according to the

provisions of the newly approved schedule. 11. Note: The procedures listed above may also be used to submit a revision or

amendment to a Specific Schedule. However, agencies should indicate on the form if the schedule they are submitting is entirely new, a revision, or an amendment. Agencies can submit new, revised or amended schedules for approval that contain only one records series, or that contain multiple records series.

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DEFINITIONS OF RETENTION CODES The retention codes that appear on Records Retention and Disposal Schedules are used to establish how long records are retained by the creating agency before they are destroyed (or transferred to the Archives of Michigan for permanent retention). In addition to the retention code, a period of time, years and/or months, can be used in the calculation. Years are expressed as whole numbers, and months are expressed as fractions. For example, the fraction "0/6" would represent 6 months. The retention code plus the period of time results in a mathematical formula for calculating a destruction date. ACT = Active An active code is usually assigned to records that are case or project related. The records are retained “until the case or project is closed.” This code can also be applied to records where a subjective decision is needed to determine when the records become inactive, as with a subject file. The record is retained “until it is determined to be inactive.” The retention period is applied when the ACT condition has been met. For instance, a case file might be retained until the case is closed (ACT) plus five years. CR = Creation A creation code is assigned to records when a definitive retention period can be assigned. The retention period is usually based on a calendar year and where there are no conditions that must be met. For instance, correspondence has a two-year retention period. The retention period begins from the date the correspondence is created or received. EXP = Expiration An expiration code is typically assigned to contracts, grants or other types of agreements that must be retained until an expiration date or other legal condition has been met. For instance, contracts may be held until contract expiration (EXP) plus six years. FY = Fiscal Year A fiscal year code is similar to a CR code. The code is assigned to records when a definitive retention period can be assigned, however the retention is based on a fiscal year rather than a calendar year. This retention code is usually assigned to accounting records and their supporting documentation. SUP = Superseded A superseded code is typically assigned to records that are updated or revised at various times during the records lifetime. Examples would include policies or procedures. As a policy is updated and the old version is replaced or superseded, only the current version is needed.

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EVT = Event Event codes are assigned to records when a retention period is based on a future action or condition. We use this code when we know that a future action or condition will be met, but we don’t know exactly when it will happen. For instance, deeds are retained to document the ownership of land by the State of Michigan. If and when the State of Michigan divests itself of that land, a retention period can be applied to the records. The records will be retained until the State of Michigan sells the land (EVT). DISP = Immediate Disposal Immediate Disposal is a retention code that is used when an agency requires an authorization to destroy obsolete records upon the approval of their Records Retention and Disposal Schedule. Once the Retention Schedule is approved the agency has the legal authority to destroy the obsolete records. PERM = Permanent These records are not authorized for destruction at any point in time, and will be retained in the custody of the creating agency.

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Disposition of Public Records

Retention and Disposal Schedules indicate when and how a public record may be disposed of. There are two types of record disposition: destruction, or transfer to the Archives of Michigan for permanent preservation.

CONFIDENTIAL RECORDS DESTRUCTION

Some public records contain sensitive or confidential information. These records should not be placed in a regular trash or recycle bin when they are eligible to be destroyed. It is important that government agencies ensure that these records be destroyed in a manner that prevents the inappropriate release of the information. The State of Michigan administers a master contract with a vendor that complies with the state's requirements for confidential destruction of records. The State of Michigan’s contract requirements are: Paper: 5/16 inch particle size (can be accomplished with pulverization or grinding,

and all material is recycled) Film and computer disks: 1/35 inch particle size (can be accomplished with

grinding) The rates and terms for this contract apply to state government agencies only, but local governments may contact this vendor for a price quote and information. The contracted vendor is Rapid Shred. For information about this contract, please contact: Dave Stevens, DTMB, 517-373-2107.

TRANSFERRING RECORDS TO THE ARCHIVES OF MICHIGAN

Local governments that want to transfer records to the Archives of Michigan need to complete the “Direct Records Transmittal” form (MH-85). Be sure to include a complete description of the records, the inclusive dates for the records, and the record series number from the Retention and Disposal Schedule on the form.

The MH-85 form may be obtained by contacting the Archives of Michigan at (517) 373-1408 or by visiting the Archives’ website http://www.michigan.gov/archivesofmi. The completed form must be approved by the Archives of Michigan before the records are shipped. To arrange approval of the transfer, please send or fax the completed form to the Archives (address and fax number are on the form). The Archives of Michigan will contact you within 30 days of receiving the form to arrange shipment of the records.

Please maintain the order of your filing system when you pack records for transfer to the Archives. Only pack the records in boxes with the dimensions 15” x 12” x 9.75”, because other boxes will not fit on the shelves.

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To properly seal the box:

1. Fold the back flap first, then fold the side flaps, and fold the front flap on top. 2. Place the tape across the front flap to seal the box. 3. The top and sides of the box should not bulge.

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Managing Electronic Records

Public records are created in a variety of formats, and increasingly they are created using computers. Common computer formats include word processed documents, electronic mail (e-mail), digital images, databases, spreadsheets, etc. These electronic records are dependent upon specific computer technology (hardware and software) to remain accessible. Government agencies that create electronic records are responsible for ensuring that these records remain accessible for their entire retention period, even if the original technology becomes obsolete. However, this can be a significant challenge that requires careful planning, because the average lifespan of most computer technology is less than 10 years.

Government agencies cannot ignore their responsibility to keep electronic records accessible and usable. Agencies will need to migrate their electronic records to new technology on a regular basis, until the record’s retention period expires. Failing to migrate electronic records can be problematic, because new generations of technology are not always compatible with those they are replacing. Unfortunately, migration of electronic records can be very time-consuming and expensive; and for long-term electronic records, it may need to be repeated many, many times.

There are two types of electronic records that appear to cause agencies the most concern, e-mail and digital images. Guidelines about these two topics are available online at http://www.michigan.gov/recordsmanagement/.

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Proper Storage of Records

Information can be recorded on a variety of storage media including paper, photographs, audio/visual media, microfilm, magnetic tape cartridges, optical disks, etc. All of these recording media are unstable and are capable of losing the information stored on them. Recording media require specific environmental conditions if they contain information that needs to be retained for a significant length of time. Proper storage conditions are especially important for records with permanent or archival value.

Extreme environmental conditions including heat, cold and dampness will destroy records very quickly. As a result, the facility used to store valuable records should be designed to provide an environment that will promote the preservation of the media and the information therein. Some agencies have created in-house storage vaults for their valuable records, others have selected outside facilities for their storage needs. Regardless of where valuable records are stored, proper environmental conditions are essential if the records are to be preserved.

The following environmental conditions should be addressed when selecting or designing a storage facility for records:

1. Size: Can the facility hold the volume of records to be stored, as well as future accumulations?

2. Location: Where is the facility in relationship to the people who need to access the

records? How easy is it to retrieve records from the storage facility? 3. Security: How is access granted to the records? What locks or security devices

protect the records? Who has access to the storage area? 4. Fire Prevention/Suppression System: What fire alarms exist? Is the fire

equipment inspected annually? Is there an emergency plan; are emergency exits clearly marked and accessible? Is there a water sprinkler or chemical suppression system? Are pipes that contain running water located in a place where they could leak on the records? Are class A/B/C fire extinguishers in place?

5. Temperature/Humidity Controls: If the records need to be maintained in ideal

environmental conditions, what system is in place to create and monitor the environment?

6. Pests: Has the facility had trouble with bugs and rodents? What precautions are in

place to prevent infestation; how is infestation treated; are new shipments screened for pests?

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RECOMMENDED ENVIRONMENTAL CONTROLS FOR PERMANENT RECORDS The control of temperature and relative humidity is often cited as the initial step in the environmental protection of records with permanent or archival value. The following environmental and storage conditions are recommended for records that need to be retained for long periods of time:

Storage Media Temperature Relative Humidity Storage Containers

Paper (preferably acid-free paper), bound or unbound records

68 F 55% Baked enamel steel shelves or cabinets. Acid-free boxes, envelopes, folders, etc.

Magnetic recording media, including audio/video tapes, and computer tapes

65 F 35-45% Shelve vertically, in dust-proof containers

Microforms, including film, fiche, aperture cards, etc. (master negatives only)

68 F 45-55% Shelve vertically. Boxes/reels should be stored in non-ferrous metal or inert plastic.

Photographs (black and white, color) 68 F 35-40% Individually store in acid-

free, seamless envelopes.

Negatives (safety-based film) 68 F 45-55%

Individually store in acid-free, seamless envelopes. (Do not store negatives with prints)

Slides 68 F 45-55% Store vertically, in an inert plastic container or carousel.

Optical disks 65-75 F 30-50% Store each optical storage disk in a protective cartridge and shelve vertically.

Combined media 68-72 F 45-49% Store each media type separately.

The most important environmental consideration is to protect against daily fluctuations in temperature and relative humidity. The above noted conditions should not vary more than 2-3% during any 24-hour period.

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Depositing Public Records with Alternative Institutions

Local government agencies cannot relinquish legal custody of their public records. It is illegal to sell the official copy of a public record. However, under certain conditions, a local government agency may deposit (transfer physical custody of) its public records with an alternative institution that is willing to store and provide access to the records. DEPOSITORY AGREEMENTS While a local government agency cannot transfer legal custody of public records to another institution or individual, there may be circumstances upon which it is necessary or desirable to transfer physical custody. The local government agency should sign and execute a “Depository Agreement” with the alternative institution that specifies the terms of the depository arrangement. (See the model Depository Agreement form.) The agreement should at a minimum specify the following conditions: 1. The deposited records remain public property, and the local government agency may recall the records at any time. If the agency becomes defunct, the Archives of Michigan may recall the records to the state level. 2. The alternative institution shall retain physical and intellectual control of the deposited records at all times. Under no circumstances shall the deposited records be loaned, sold, or otherwise removed from the physical custody of the alternative institution, unless to be returned to the local government agency. 3. The alternative institution shall not destroy or weed a deposited record. If the alternative institution decides that storage of the records is no longer part of its mission, then the deposited records shall be returned to the local government agency for the remainder of their approved retention period, or longer. 4. The alternative institution shall care for the deposited records by providing storage facilities capable of preserving the records at least as well as the local government agency. The Depository Agreement should include a physical description of the storage facilities, and the temperature and humidity controls that are used. 5. The alternative institution shall provide security arrangements to prevent the destruction, rearrangement, loss, or theft of the deposited records in both the storage and the reference areas. The Depository Agreement should specify the security arrangements that are in place, such as alarms, locks, cameras and reference procedures. 6. The alternative institution shall not co-mingle the deposited records with other records in its holdings, and it shall maintain the deposited records in their original order.

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7. The alternative institution shall make the deposited records available for public research and copying during normal business hours. The Depository Agreement should specify what the normal business hours are. Access to the deposited records continues to be governed by the provisions of the Michigan Freedom of Information Act when they are in the physical custody of the alternative institution. The alternative institution is responsible for complying with these access provisions. 8. Records that have been declared by law to be confidential must be maintained on a limited access basis. The specific terms of access will be governed by the applicable confidentiality statute. Deposited records remain restricted unless the applicable law is amended or repealed. The local government agency remains responsible for ensuring that confidential records are only accessed by authorized individuals. The local government agency is responsible for notifying the alternative institution in writing at the time of transfer, which deposited records contain confidential information, and the terms for providing access to these records. 9. The alternative institution should provide the local government agency and the Archives of Michigan with an annual report containing research statistics, including the number of requests received via on-site visit, letter, phone, e-mail and fax; the average response time for off-site researchers; and special events, tours, exhibits, research projects, etc. that the deposited records were used for. 10. The local government agency should send a copy of all Depository Agreements to the Archives of Michigan at least 30 days before they are signed. Public records should not be transferred to an alternative institution before an agreement is signed. Furthermore, the local government agency should send an inventory of all records that are deposited with the alternative institution to the Archives of Michigan within 30 days of the transfer.

11. Local government agencies that deposited their public records with an alternative institution without negotiating and signing a Depository Agreement should attempt to remedy the situation by doing so. Within 30 days of signing the agreement, the alternative institution should provide the local government agency and the Archives of Michigan with an inventory of the deposited records that are covered by the agreement.

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SAMPLE PUBLIC RECORDS DEPOSITORY AGREEMENT

Date [insert date the agreement is approved] Between: [name of local government unit] And: [name of alternative institution] It is agreed that the public records listed on the attached Inventory (Attachment A) are deposited with the institution listed above, subject to the following terms: 1. The deposited records remain public property, and the local government unit may

recall the records at any time. If the local government unit becomes defunct, the Archives of Michigan may recall the records to the state level.

2. The Alternative Institution shall retain physical and intellectual control of the

deposited records at all times. Under no circumstances shall the deposited records be loaned, sold, or otherwise removed from the physical custody of the alternative institution, unless to be returned to the local government unit.

3. The Alternative Institution shall not destroy or weed a deposited record. If the

alternative institution decides that storage of the records is no longer part of its mission, then the deposited records shall be returned to the local government unit for the remainder of their approved retention period.

4. The Alternative Institution shall care for the deposited records by providing storage

facilities capable of preserving the records at least as well as the local government unit. [Describe the environment conditions, including temperature and humidity.]

5. The Alternative Institution shall provide security arrangements to prevent the

destruction, rearrangement, loss, or theft of the deposited records in both the storage and the reference areas. The records shall be stored in a room separate from the research area. [Specify the security arrangements that are in place, such as alarms, locks, cameras and reference procedures.]

6. The Alternative Institution shall not co-mingle the deposited records with other

records in its holdings, and it shall maintain the deposited records in their original order.

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7. The Alternative Institution shall make the deposited records available for public research and copying during normal business hours. [Insert the normal business hours of the Alternative Institution.]

Access to the deposited records continues to be governed by the provisions of the

Michigan Freedom of Information Act (MCL 15.231-15.246) when they are in the physical custody of the alternative institution. The Alternative Institution is responsible for complying with these access provisions.

8. Records that have been declared by law to be confidential must be maintained on a

limited access basis. The specific terms of access will be governed by the applicable confidentiality statute. Deposited records remain restricted unless the applicable law is amended or repealed. The local government unit remains responsible for ensuring that legally confidential records are accessed only by authorized individuals.

9. This depository agreement must be reviewed and renewed annually in writing. REMINDER: NO RECORDS CAN BE TRANSFERRED UNTIL BOTH THE LOCAL GOVERNMENT UNIT AND THE ALTERNATIVE DEPOSITORY INSTITUTION HAVE SIGNED THIS AGREEMENT. A COPY OF THE SIGNED AGREEMENT SHALL BE FILED WITH THE ARCHIVES OF MICHIGAN. [Institution Representative Signature and Title] [Local Government Unit Representative Signature and Title]

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Regional Depository System

The Archives of Michigan entered into several agreements with archival repositories around Michigan to store/deposit local government records that were transferred to the custody of the Archives for permanent preservation. These agreements outline the responsibilities of the both the Archives and the designated depository regarding the records. The records remain the property of the State of Michigan, and the depository is responsible for providing storage and reference services so that researchers may have access to the records. The goal is to allow these records to be maintained in a location geographically close to the community of origin, while providing secure, environmentally controlled environments where the records can be preserved for the future.

Listed below are the Regional Depositories and the geographic areas that are served by each depository. Local government agencies should contact the Archives of Michigan with questions about transferring their records, rather than the regional depository. Furthermore, researchers interested in accessing local government records should contact the Reference Services of the Archives at (517) 373-1408 to locate those records.

Depository Region Michigan Technological University Archives and Copper Country Historical Collections (Houghton, MI)

Counties: Baraga, Gogebic, Houghton, Iron, Keweenaw, Ontonagon

Central U. P. and Northern Michigan University Archives (Marquette, MI)

Counties: Alger, Delta, Dickinson, Marquette, Menominee, Schoolcraft

Clark Historical Library, Central Michigan University (Mt. Pleasant, MI)

Counties: Claire, Gladwin, Gratiot, Isabella, Midland

Western Michigan University Archives and Regional History Collections (Kalamazoo, MI)

Counties: Allegan, Barry, Berrien, Branch, Calhoun, Cass, Kalamazoo, Kent, Muskegon, Ottawa, St. Joseph, Van Buren

Kresge Library, Oakland University (Rochester, MI)

County: Oakland

Burton Historical Collections, Detroit Public Library (Detroit, MI)

City: Detroit

Downtown Detroit Business Improvement Zone Board of Directors 

Clean Services Project 

Scope of Services  

September 25, 2014  

This scope of services details the tasks anticipated in the clean services project description in the Downtown Detroit Business Improvement Zone Plan approved by Downtown Detroit property owners on April 15, 2014 (collectively the “Tasks”).  Under the Michigan law providing for the formation of business improvement zones (Chapter 2 of 1961 PA 120, as amended, the “BIZ Act”), the Downtown Detroit Business Improvement Zone (the “Zone”) is authorized to engage in activities for the benefit of owners of assessable property to enhance the business environment within the Zone’s area. Each of these activities under the law is a “Project.” Projects of the Zone supplement projects of and services provided by the city of Detroit. 

 The plan approved for the Zone (the “Zone Plan”) includes a description of Projects planned during the Zone’s initial 10‐year period, including the scope, nature, and duration of the Projects and the sources of financing for the Projects. Under the BIZ Act, the Zone’s board of directors is responsible for establishing administrative procedures relating to the implementation of the Zone Plan and management of the Zone and the Zone Plan. 

 Among the Projects authorized by the Zone Plan is the provision of “clean services” within public rights‐of‐way, parks and public spaces, excluding alley ways and vehicular traffic lanes on streets. Clean services include, but are not limited to, litter collection, graffiti removal, pressure washing, snow removal, and garbage and debris removal. Consistent with these responsibilities, this document describes the day‐to‐day clean services Project. In addition to the clean services Tasks listed below, the Project will entail related expenses, such as equipment purchases or rent payments for storage and parking facilities.   Deployment criteria Service schedules and frequencies may fluctuate daily, weekly, seasonally and as needed to accommodate special or unforeseen conditions. Under normal conditions, clean services will be deployed to all areas in the Zone with priority given to the most need and impact according to the following prioritized criteria: 

a. Areas with high pedestrian traffic b. Streets with multiple restaurants, stores and entertainment uses with main entrances off the 

sidewalk c. Parks d. Vehicular gateways 

 Tasks 

1. Litter patrols  Litter patrols with manual pan and broom sweeping will occur from early mornings to late nights with daily coverage throughout the year. Crews will keep public sidewalks free of litter from building line to curb, including around curbs, fences, tree pits, parking lots and private lawns within two feet of adjacent sidewalks.   

2. Trash receptacle tending Trash receptacles owned by the BIZ, the Downtown Detroit Partnership (the “DDP”), and the City of Detroit will be monitored and emptied when full. Trash receptacles in the public realm 

Downtown Detroit Business Improvement Zone Board of Directors 

belonging to private property owners/managers will be monitored per written agreement for service frequency and compensation with DDP.   

3. Pressure washing Sidewalks and alley entryways in high pedestrian traffic areas will be pressure washed at least four times per year, with extra emphasis to remove chewing gum remnants. The balance of the Zone will be pressure washed at least twice per summer season, June to September.  

4. Graffiti and sticker removal Graffiti and stickers on utility boxes, light poles and signs within the public realm will be removed approximately 24 hours after being observed or reported. Crews will either remove or paint over the graffiti or stickers. Graffiti and stickers on U.S. Postal Service mailboxes will not be removed pursuant to Federal law. Per City of Detroit regulations (Section 9‐1‐111), property owners are responsible for removing any carving, graffiti, marking or painting and restoring any exterior surface on a private building, premises, or structure to an approved state of repair.  

5. Snow removal On occasion, clean services crews may provide limited snow removal services on public rights of way frequented by pedestrians. Per City of Detroit regulations (Section 9‐1‐103), private property owners are responsible for removing snow on public sidewalks, driveways and entrances adjacent to their properties.  

6. On‐call services A crew will be assigned for on‐call deployment to special requests from property owners/managers for emergency spills or other mishaps that may happen during the day. Depending on the labor and materials involved, compensation may be required for on‐call services. In this case, a cost estimate will be provided to the property owner/manager before on‐call services are performed. When not on on‐call assignment, crews will be assigned to regular cleaning activities.  

 Budget The budget allocation to the clean services Project is $1,400,000 for the fiscal year beginning on July 1, 2014 and ending on June 30, 2015.   Contract services This scope of services applies exclusively within the Zone. It does not include clean services for any special event, either permitted or unpermitted, by the City of Detroit. Clean services for any special event or outside the Zone are subject to a separate contract, including written agreement and payment terms, with DDP.