The URL can be used to link to this page

Browse Search

Home My WebLink About20053644.tiff RESOLUTION RE: APPROVE STANDARD FORM OF ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Standard Form of Electronic Recording Memorandum of Understanding between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Clerk and Recorder's Office,and various entities,with terms and conditions being as stated in said form,and WHEREAS, after review, the Board deems it advisable to approve the form of said memorandum of understanding, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Standard Form of Electronic Recording Memorandum of Understanding between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Clerk and Recorder's Office and Environment, and various property owners be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any Memorandums of Understanding consistent with said form. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 19th day of December;,A.D., 2005. BOARD OF COUNTY COMMISSIONERS I / WELD COUNTY, COLORADO ATTEST: fail Iliam H. Je e, Chair Weld County Clerk to the r. k 14 a. Z" .i �s� F ,,I M. !%eile, Pro-Tem BY: D4.uty Clerk to the Bo.�. _ Da7E.. Lloong AP V AST • ��C ' Robert D. Masd n�1� un t Attffrney SW1"r� f Glenn Vaad < Date of signature: I 2005-3644 CR0022 (\A-P_ 0 I - oz3-tto ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING("MOU"),dated ,is between the County of Weld,a political subdivision of the State of Colorado,by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Clerk and Recorder, whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, and ("Company") , whose address is : The County desires to offer recording of real property documents by electronically receiving and transmitting documents electronically in substitution for conventional paper based documents and to assure that transactions are not legally invalid or unenforceable as a result of the use of available electronic technologies for the mutual benefit of the parties of the transactions. For purposes of this Memorandum of Understanding, Electronic Recording is defined based on the level of automation and structure of the transaction. The four levels of automation are as follows: Level 1 Submitting organizations transmit scanned image copies of ink signed documents to the county.The county completes the recording process in the same way as paper using the imaged copy as the source document.An electronic recording endorsement is returned to the organization in the form of a label or printing process in order for the submitting organization to append that information to the original paper document. Level 2 Submitting organizations transmit scanned images of ink signed documents along with electronic indexing information to the county. The county performs an electronic examination of the imaged documents and indexing data,and then completes the recording process using the imaged copy and electronic indexing information.The electronic version of the recorded document is returned electronically to the submitting organization along with the electronic recording data. Level 3 Submitting organizations transmit documents which have been created,signed and notarized electronically along with the electronic indexing information.Electronic signatures must comply with UETA and E-Sign specifications. The county performs an electronic examination of the electronic documents and indexing information then completes the recording process using the electronic documents. The electronic version of the recorded document and electronic recording data is returned to the submitting organization. Level 4 Submitting organizations transmit "Smart" documents which are a single object containing the electronic version of the document in such a way that enables the electronic extraction of data from the object.Smart documents are required to be signed and notarized electronically.The Smart document is endorsed electronically by the county and returned in Smart document format to the submitting organization. Program Eligibility Title Insurance Companies, Mortgage Bankers, Full Service Banks and other trusted entities may directly or through a trusted third party provider submit real property records for electronic recording. Electronic Recording mandates a close working relationship as well as mutual trust between the 2005-3644 County and the submitting entity.All parties of the Electronic Recording transaction desire to operate and maintain a secure recording system that safeguards parties to recordation from deceit, fraud and forgery.This Memorandum of Understanding outlines the procedures and rules for the trusted relationship between the County and Company to facilitate a safe and secure Electronic Recording relationship. Participation in the Electronic Recording program is voluntary and the decision to do so is a business judgment. There will be no added fees or costs of any kind charged by the County for Electronic Recording. No costs incurred by the Company for Electronic Recording shall be paid by the County. County Requirements The Electronic Recording Program of Boulder County is defined by the requirements attached to this Memorandum of Understanding. Attachment A defines the technical specifications including format, levels of recording supported, transmission protocols, and security requirements of the electronic records required by County. Company agrees to provide the transmission to the County following the specifications outlined. Company understands that the specifications may change from time to time. In the event changes to the specification are required, the County will provide a written notice to the Company within a reasonable timeframe. Attachment B contains the document and indexing specifications for the Electronic Recording program. For each document, the County specific document code is provided along with the required indexing information. Any County specific editing rules will also be described in this attachment. Attachment C contains the processing schedules and hours of operation for the Electronic Recording Program. Neither party shall be liable for any failure to perform processing of the transactions and documents where such failure results from any act of Nature or other cause beyond the party's reasonable control(including,without limitation, any mechanical, electronic or communications failure which prevents the parties from transmitting or receiving the electronic recording transactions). If the County system causes delays or power failures interfere with the normal course of business, the County will notify the affected Company with a choice of using a courier service or waiting until the problem has been remedied. Attachment D provides the payment options supported for the Electronic Recording program. Company Responsibilities Company acknowledges that Electronic Recording permits them to prepare, sign and/or transmit in electronic formats documents and business records and the document or records shall be considered as the"original"record of the transaction in substitution for, and with the same intended effect as, paper documents and, in the case that such documents bear a digital or electronic signature, paper documents bearing handwritten signatures. By use of electronic or digital certificates to sign documents Company intends to be bound to those documents for all purposes as fully as if paper versions of the documents had been manually signed. By use of electronic or digital certificates to sign documents,Company intends to be bound by those electronic signatures affixed to any documents and such electronic signature shall have the same legal effect as if that signature was manually affixed to a paper version of the document. By use of digital certificates to seal electronic files containing images of original paper documents or documents bearing manual signatures, Company shall recognize such sealed images for all purposes as fully as the original paper documents and shall be responsible for any failure by Users to comply with quality control procedures for assuring the accuracy and completeness of the electronic files. The Company and or its' employees attest to the accuracy and completeness of the electronic records and acknowledge responsibility for the content of the documents submitted through the Electronic Recording Program. Should a dispute or legal action arise concerning an electronic transaction,the County shall be held harmless and indemnified by the Company, and shall not liable for any damages incurred by the Company or any third party. Company is responsible for the costs of the system or services provided by a third party that enables Company to meet the Electronic Recording Program requirements. General Understanding The County will not incur any liability for the information electronically transmitted by the Company. The County will not incur any liability for any breach of security, fraud or deceit as a result of Electronic Recording. Neither the County nor Company shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the Electronic Recording transmission or receipt. This MOU constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this MOU shall be valid unless made in writing and agreed to by both parties. No portion of this MOU shall be deemed to create an obligation on the part of County Department to expend funds not otherwise appropriated in each succeeding year. No portion of this MOU shall be deemed to constitute a waiver of any immunities of County Department or its officers or employees may possess, nor shall any portion of this MOU be deemed to have created a duty of care with respect to any persons other than County Department and not a party to this MOU. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary only. The County and Company will attempt in good faith to resolve any controversy or claim arising out of or relating to Electronic Recording through either negotiation or mediation prior to initiating litigation. Either party may terminate this Memorandum of Understanding for any reason by providing 30 days written notice of termination. The County and Company acknowledge that the electronic recording process is an emerging technology and that State and National standards will continue to evolve. To further the technology and the electronic recording process,the County and Company will meet once a month to discuss changes and additions to this Memorandum of Understanding. Agreed and Accepted: By: (Company) Name Date: ATTEST: COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: BY: BY: Deputy Clerk to the Board M. J. Geile, Chair Board of County Commissioners of the County of Weld, on behalf of the Weld County Clerk and Recorder Attachment A Technical Specifications Format of the transmitted File PRIA file format standard will be used. Images will be in single page Group IV TIFF format. Communications Protocol and Options TCP/IP. Security Framework Encryption will be 128bit file and image encryption. SSL and user login/password will be employed. User passwords will be changed on a monthly basis. Returned File Format PRIA file format standard will be used. Images will be in single page Group IV TIFF format. Levels of Electronic Recording Supported Level 2 Electronic Signatures and Use of Digital Certificates The use of Electronic Signatures and Digital Certificates will not be used at this time. However, COUNTY reserves the right to revisit this at a later date with COMPANY. COMPANY acknowledges that Electronic Signatures and Digital Certificates will be used in the future and will work with COUNTY to accommodate their use. Imaging Standards Documents will be scanned at 200dpi. Documents will be scanned in portrait mode. Document images will be captured as single page Group IV TIFF images. Scanned documents will be legible. Legible in this instance means a clear,readable image - including signatures and notary seals - and in which all portions of each page are captured. Document font size must meet PRIA minimum standards. Margins will consist of a minimum of a 1"top margin and"A"side and bottom margins. NO DOCUMENTS WILL BE ACCEPTED THAT FAIL TO MEET THIS STANDARD. Colorado Revised Statutes 30-10-406 (3) (a). Attachment B Documents and Indexing Specifications Eligible Document Types All document types sized 8 '/2 by 14" or smaller will be acceptable, with the following exceptions: 1. Military Discharges 2. Spurious Liens as described by Colorado Revised Statutes 38-35-202 (1) 3. Oversized documents (larger than 8 x '/:" x 14") 4. Documents requiring additional acknowledgements or certifications 5. Public Trustee Documents (excluding release of trust deeds which have been properly executed and have been processed by the Public Trustee's Office) 6. Certified documents (Boulder County only -wants to attach a disclaimer) 7. Previously recorded documents 8. Death Certificates must be an original or certified copy from the original issuing agency County Specific Document Type Coding Please refer to Attachment E, PRIA Logical Data Dictionary,which lists all the acceptable "Document Types". It is COUNTY's intention to not reject documents based on"incorrect" or non-County specific document types. Rather the County will correct the document type as part of the acceptance process. Indexing Fields for each Document Code All documents submitted will require the minimum index fields: Grantor(s) Grantee(s) Document Type and/or Document Code Number of Pages Recording Fee Documentary Fee Related (original document number, in the case of releases, assignment, amendments). Property Address (only if noted on documents) Legal Description Fields Subdivision Name (if in a subdivision) Quarter-Quarter Section Information Quarter Section Information Section Township Range Parcel Number(if known) Parsed Property Address information Grantee's Legal Mailing Address which includes Street or Post Office Box,City,State and ZIP Code MUST be clearly identified on any transfer deed as per Colorado Revised Statutes 38-35-109 (2). Transfer Declaration Documents (TD1000's): TD1000's will be scanned immediately following the Warranty Deed or Transfer Deed they are associated with. ALLTransfer Deeds will be accompanied by a TD1000's. If one TD1000 covers multiple Transfer Deeds, a duplicate TD1000 will be submitted with each Transfer Deed. Specific Editing requirement for each Document Code Business names will be entered into the "ORGANIZATION NAME" field. Business names should be indexed as they appear on the document,including punctuation and spacing. Examples: 123 BROADWAY GRILL! = 123 BROADWAY GRILL! not ONE TWENTYTHREE BROADWAYGRILL not ONE TWO THREE BROADWAY GRILL! JACK FROST PC = JACK FROST PC A-1 OPTICAL INSURANCE CO = A-1 OPTICAL INSURANCE CO Not Al OPTICAL INSURANCE CO Not A 1 OPTICAL INSURANCE CO VAN DER WALL BAR & GRILL = VAN DER WALL BAR & GRILL Not VANDERWALL BAR & GRILL Not VANDERWALL BAR AND GRILL All words in a business name should be spelled out as far as possible. No abbreviations should be made. Examples: COLORADO SPRINGS LIGHTING INDUSTRIAL COMPANY should be indexed: COLORADO SPRINGS LIGHTING INDUSTRIAL COMPANY and not as: COLORADO SPRINGS LIGHTING INDUST COMPANY or COLORADO SPRINGS LIGHTING INDUSTRIAL CO If the complete business name will not fit into the field, do not abbreviate, rather drop the last name that won't fit. Indexing Keying Standards Parsed Names PRIA Standard Index fields will be used. Parsed Legal Descriptions PRIA Standard Index fields will be used. Document Imaging Quality Control Standards Scanned documents will be legible. Legible in this instance means a clear,readable image - including signatures and notary seals - and in which all portions of each page are captured. Submitters will be responsible for the clarity and brightness of the image. Notary Requirements per Document It is the responsibility of the COMPANY to confirm that notary signatures and seals are present on all documents that require them. COUNTY will not reject a document lacking a notary signature or seal as this is not a requirement of Colorado statutes. Inked notary seals are strongly recommended, in place of embossed notary seals which require "darkening" by the COMPANY prior to submittal. COUNTY may at its discretion place a "disclaimer" on each document submitted that appears to lack a notary signature or seal. Eligible Document Batches Documents batches will be submitted by escrow account number. In no event will electronic document batches exceed 25 documents in any batch. Attachment C Service Offering Hours of Operation Documents may be submitted at any time during the week. Documents will only be processed on those days that the County Recording Office is open to the public for business. Documents will not be processed on county holidays,weekends, "snow days", etc., or in the event of network or equipment failure. COUNTY will attempt to notify COMPANY of any disruption in service. Processing Schedules Document batches will be checked for and processed (accepted or rejected) between the hours of 8:00 a.m. and 1:00 p.m. It is anticipated that additional processing times will be added and hours adjusted as COMPANY increases the volume of submitted electronic documents. Turnaround Timeframe Documents received prior to the times listed above will be processed (accepted or rejected) at those times. Alternative Delivery Options There are no other electronic delivery options at this time. Return to Options Submitted documents that are accepted for recording will be returned to the COMPANYin electronic format after acceptance. Confirmation of acceptance and recordation will be returned to the COMPANY in electronic format after recordation is complete. This confirmation will include the document image and COUNTY indexing data. COUNTY reserves the right to make changes to the index at a later date. Submitted documents that are rejected will be returned to the COMPANY in electronic format after rejection, along with a description of the reason(s) for rejection. Initially,reasons for rejections will be tabulated and discussed on a monthly basis with the COMPANY. Service Help Contact Information COUNTY: Yvonne Sanders: 303 413-7777 Kathy Connell: 303 413-7778 Jennifer Mallory: 303 413-7779 COMPANY: eRC Eugene Sisneros: 720 244-2302 COUNTY eRecording Vendor: Eagle Computer Systems Steve Jordan: 800 554-4434 COMPANY eRecording Vendor: Kuvera Jeff Wiley: 303 638-7727 Attachment D Payment Options Payment Options Electronic Fund Transfers (EFT'S) are acceptable as the form of payment. EFT's will be summarized and paid on a daily basis(one payment daily)for all transactions received that day. Requirements for each: n/a Account Setup Procedures n/a Reporting and Reconciliation COUNTYwill be responsible for maintaining and reconciling their receipts. Documents will not be accepted if not accompanied by EFT information. COMPANYwill be responsible for submitting EFT information with each document batch, and for reconciling their records. Exception Handling Any discrepancy in fees discovered by COUNTY after document acceptance will be corrected by COMPANY within five business days of notification of the error. Hello