Title
Recorder-Clerk recommending the Board:
1) Approve and authorize the Purchasing Agent to sign Agreement 7873 with First American Data Tree LLC for redaction of restrictive covenants in the amount of $69,000 for an initial three-year term effective March 1, 2024, with annual automatic renewal after the initial term; and
2) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 7873, contingent upon approval by County Counsel and Risk Management and the dollar amount not exceeding the Purchasing Agent’s authority.
FUNDING: Recording Revenue.
Body
DISCUSSION / BACKGROUND
Government Code section 12956.2(a) provides that any deed or other recorded instrument that contains unlawfully discriminatory language forbidding or restricting the right of any person to sell, buy, lease, rent, use or occupy the property on account of any of the characteristics specified above, may be revised to remove such unlawful language. A person who holds an ownership interest in property that believes the property is the subject of an unlawfully restrictive covenant may submit for recordation a Restrictive Covenant Modification document. If the existence of unlawfully restrictive language is confirmed by County Counsel, the modification document is recorded with the unlawfully restrictive covenant redacted.
Pursuant to the 2021 legislation in Assembly Bill 1466 and Government Code Section 12956.3, the El Dorado Recorder-Clerk's office is required to develop and implement a Restrictive Covenant Modification Program Implementation Plan. This plan is developed to identify any unlawful language contained within Recorder's records, most notably the restrictive covenants, and redact said language.
First American Data Tree LLC doing business as First American Data & Analytics (FADA) Covenant Guard application will identify records that contain unlawful language and allow both the Recorder-Clerk and County Counsel staff to review and process documents electronically. First American Data Tree LLC has the Recorder's records back to January 1960, this allows our office to review 63 years of documents without the Recorder providing digital images. Images for documents from 1850 to 1959 will be provided at a later date through an imaging project. This contract will ensure the Recorder's compliance with AB 1466.
ALTERNATIVES
The Board could choose not to approve the agreement and County staff would read every recorded document to identify and redact restrictive language.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurements & Contracts and County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The Recorder-Clerk's FY 2023-34 Recommended Budget contains sufficient appropriations to cover this cost. There is no General Fund impact as a result of this Agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
Janelle Horne 530-621-5494