HomeMy WebLinkAbout20150703.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF ELECTRONIC RECORDING MEMORANDUM OF
UNDERSTANDING WITH VARIOUS ENTITIES AND AUTHORIZE CHAIR TO SIGN
DOCUMENTS CONSISTENT WITH SAID FORM
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 Weld County Clerk and Recorder's
Office and various entities, 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, and to delegate standing authority to the Chair of the Board of County
Commissioners to execute individual memorandums of understanding between the Weld
County Clerk and Recorder's Office and various entities.
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 Weld County Clerk and Recorder's Office and various entities 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 16th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: adio�C EXCUSED
'� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
• Mike Freeman, Pro-em
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D=• (� Clerk to the Boar• #� EL �, f -----—
Sean P. Con ay
APPR �r. TO OR Imo Ifftep� GGC1 _C.,t7
` gat 4 �1ulie A. ozad
C. n torney N°1 � e- //'on-a,_,.r
� Steve Moreno
Date of signature: 3/31
CO: e* S/Cg')4 0 20
J CR0028
0028
(FORM)
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, 1150 'O' Street,
Greeley, Colorado 80632, and ("Company"), whose
address is
The County desires to offer recording of real property documents by 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.
2015-0703
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 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 Weld 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
edi
ting rules will also be described in this
required indexing information. Any County specific
q
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.
Companv 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 Provisions
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.
Company shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or willful acts or
omissions of Company, or claims of any type or character arising out of the work done in
fulfillment of the terms of this MOU or arising out of the failure of Company to conform to
any statutes, ordinances, regulation, law or court decree.
This MOU including the Exhibits attached hereto and incorporated herein, contains the
entire agreement between the parties with respect to the subject matter contained in this
MOU. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this MOU.
This MOU may be changed or supplemented only by a written instrument signed by both
parties. This MOU is nonexclusive and County may engage or use other Contract
Professionals or persons to perform services of the same or similar nature.
Financial obligations of the County payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. Execution of
this Agreement by County does not create an obligation on the part of County 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.
If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, this MOU shall be construed and enforced without such
provision, to the extent that this MOU is then capable of execution within the original intent of
the parties.
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.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this MOU. Any provision included or incorporated
herein by reference which conflicts with said laws,rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Company agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute. In the event of a dispute
between County and Company concerning this MOU, the parties agree that each party shall be
responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf.
Either party may terminate this Memorandum of Understanding for any reason by providing 30
days written notice of termination.
Agreed and Accepted:
BY:
Name:
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Barbara Kirkmeyer, Chair
APPROVED AS TO SUBSTANCE:
BY:
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 128 bit 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 200 dpi. 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 %:" 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 '/:" 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 V2" 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 (Weld 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 (TD 1000's):
TD1000's will be scanned immediately following the Warranty Deed or Transfer Deed they
are associated with. ALL Transfer 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 TWENTY THREE BROADWAY GRILL
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 stamp documents that are not legible with the phrase
"Recorder's Memorandum —This document was found to be inadequate for
scanning purposes".
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 3:00 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
COMPANY in 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.
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