Loading...
HomeMy WebLinkAbout2024, Pierce County Electronic Processing Agreement for Document Recordings, Pierce County Auditors OfficePIERCE COUNTY AUDITOR’S OFFICE RECORDING DIVISION ELECTRONIC PROCESSING AGREEMENT For DOCUMENT RECORDINGS Pierce County (“County”) offers electronic processing of recording of documents to eligible participating customers through the County’s eSubmit Program (“eSubmit”). City of Auburn, (“Submitter”) is an eligible participant as defined in this agreement and desires to utilize this service. City of Auburn is a governmental entity. The purpose of this agreement is to clarify requirements necessary for successful electronic transmission of document recordings to ensure transactions are processed using available electronic technologies for the mutual benefit of the parties of the transactions. Definitions For purposes of this agreement, the following terms are defined as follows: “Electronic Processing” – means the electronic transmission of documents to be recorded as outlined in this agreement, not including REET affidavits. “Document” – means information that is: (a) Inscribed on a tangible medium or that is stored in an electronic or other medium, and is retrievable in perceivable form; and (b) Eligible to be recorded in the land records maintained by the recording officer. See Attachment D for current list of document types. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. "Electronic document" means a document that is received by the recording officer in an electronic form. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. Period of Performance This agreement is effective upon date of signature by the Pierce County Auditor and will continue until terminated in writing as provided for in this agreement. Submitter Acknowledgements and Responsibilities Submitter understands that eSubmit permits them to prepare, sign, and/or transmit in electronic form documents for processing and recording. Documents shall be considered the "original" record of the transaction, in substitution for, and with the same intended effect as, the paper documents and, in the case that such documents bear a digital or electronic signature, paper documents bearing handwritten signatures. Contract # CC-105192 Pierce County eSubmit Processing Agreement 2 By use of electronic or digital certificates to sign documents, Submitter intends to be bound by those electronic signatures affixed to any documents, and the resulting 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, Submitter shall recognize such sealed images for all purposes as fully as the original paper documents and shall be responsible for any failure by its customers to comply with quality control procedures for assuring the accuracy and completeness of the electronic files. Submitter, by the act of submitting documents to the County shall be deemed to have attested to the accuracy and completeness of the electronic records and acknowledge responsibility for the content of the documents submitted through the eSubmit program. Submitter shall be solely responsible for the content of the documents and all information electronically transmitted to the County using eSubmit. Submitter agrees to comply with the eSubmit Program requirements outlined in the attachments A, B, and C listed below, attached hereto and incorporated into this agreement by reference. • Attachment A: Levels of Automation. • Attachment B: Document and Indexing Specifications. • Attachment C: Processing Schedules, Hours of Operation, Account Management, and Contacts. Submitter shall be responsible for recording fees due on electronic submissions. Submitter shall be responsible for tracking their recording activity and related accounts. Indemnification of County The County shall not be responsible for, and shall incur no liability of any kind, type or nature whatsoever arising from or relating in any way to, the information electronically transmitted to the County by Submitter. Should a dispute or legal action arise concerning an electronic transaction, Submitter shall indemnify, defend and hold the County harmless to the maximum extent allowed by law from all claims, liabilities, damages, costs, attorneys fees or expenses of any kind, type or nature whatsoever arising from or relating in any way to Submitter’s conduct under, or its performance of, this Agreement including, without limitation, any act or omission of Submitter or of its officers, directors, shareholders, servants, agents or employees caused by negligence or willful misconduct. Payment of Recording Fees on Electronic Submissions Recording fees are determined by the County per state, federal, and local statute. Submitter will be billed monthly. Failure to make payment in 30 days may result in suspension or termination of ability to use eSubmit. Regulations and Requirement This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in this agreement. Termination of Agreement Either party may terminate this agreement for any reason upon thirty (30) calendar days prior written notice of termination to the other. Severability If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without Contract # CC-105192 Pierce County eSubmit Processing Agreement 3 the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. Waiver Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. Venue and Choice of Law In the event that, any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the state of Washington in and for the County of Pierce. This Agreement shall be governed by the laws of the state of Washington. Entire Agreement This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _____ day of _________________, 20 ___. SUBMITTER GOVERNMENT AGENCY: City of Auburn____________________________________ Name of Government Agency _______________________________________________ Authorized Signatory _______________________ Date Jason Whalen, City Attorney_________________________ Address Contact Information: ______ 25 West Main Street Auburn, WA 98001 ___________________________________________ Contact Information: Name: Hannah Scholl Phone: 253-931-3007 Email: hscholl@auburnwa.gov PIERCE COUNTY: _____________________________________________ Linda Farmer, Pierce County Auditor _______________________________ Date Approved as to legal form only: ___________________________________________ Deputy Prosecuting Attorney _______________________________ Date _____________________________________________ Finance _______________________________ Date 9/23/2024 9/23/2024 9/23/2024 9/23/2024 September 2423rd Contract # CC-105192 Pierce County eSubmit Processing Agreement 4 Attachment A Levels of Automation Attachment A, Level of Automation, is hereto attached and incorporated by reference to the Pierce County eSubmit Processing Agreement. For the purposes of this agreement, electronic Recordings are defined based on the level of automation and structure of the transaction. The four levels of automation are as follows: Level 1 Submitter transmits scanned image copies of 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 endorsement is returned to the organization in the form of a label or printing process for the Submitter to append that information to the original paper document. Level 2 Submitter transmits scanned images of 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 documents is returned electronically to the Submitter along with the electronic data. Level 3 Submitter transmits documents which have been created, signed, and notarized electronically along with the electronic indexing information. The County performs an electronic examination of the electronic documents and indexing information then completes the process using the electronic documents. The electronic version of the document and electronic data is returned to the Submitter. Level 4 Submitter transmits "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 Submitter. Contract # CC-105192 Pierce County eSubmit Processing Agreement 5 Attachment “B” Document and Indexing Specifications Imaging Specification: All pages presented for eSubmit must meet the same minimum standards as that of conventional paper documents (RCW 65.04.045). Level 1 and Level 2 documents must be scanned by the Submitter at a minimum of 300 dpi. Recorded Documents Document Standardization for Recorded Documents Reference RCW 65.04.045 Recorded instruments – Requirements 1. When any instrument is presented to a county auditor or recording officer for recording, the first page of the instrument shall contain: a) A top margin of at least three inches and a one-inch margin on the bottom and sides, except that an instrument may be recorded if a minor portion of a notary seal, incidental writing, or minor portion of a signature extends beyond the margins; b) The top left-hand side of the page shall contain the name and address to which the instrument will be returned; c) The title or titles, or type or types, of the instrument to be recorded indicating the kind or kinds of documents or transactions contained therein immediately below the three-inch margin at the top of the page. d) Reference numbers of documents assigned or released with reference to the document page number where additional references can be found, if applicable; e) The names of the grantor(s) and grantee(s), as defined under RCW 65.04.015, with reference to the document page number where additional names are located, if applicable; f) An abbreviated legal description of the property, and for purposes of this subsection, "abbreviated legal description of the property" means lot, block, plat, or section, township, range, and quarter/quarter section, and reference to the document page number where the full legal description is included, if applicable; g) The assessor's property tax parcel or account number set forth separately from the legal description or other text. 2. All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that are not larger than fourteen inches long and eight and one-half inches wide with text printed or written in eight-point type or larger. All text within the document must be of sufficient color and clarity to ensure legibility when imaged. Further, all pages presented for recording must have at minimum a one-inch margin on the top, bottom, and sides for all pages except page one, except that an instrument may be recorded if a minor portion of a notary seal, incidental writing, or minor portion of a signature extends beyond the margins, be prepared in ink color capable of being imaged, and have all seals legible and capable of being legibly imaged. No attachments, except firmly attached address labels, may be affixed to the pages. Contract # CC-105192 Pierce County eSubmit Processing Agreement 6 Exemptions from Formatting Requirements for Recorded Documents Documents which are exempt from format requirements and which may be recorded with a properly completed cover sheet include: a. Documents that were signed prior to January 1, 1997 b. Military separation documents c. Documents executed outside of the United States d. Certified copies of documents e. Any death certificate f. Judgments or other documents formatted to meet court requirements g. Uniform Commercial Code (National form) h. IRS liens, etc. Minimum Indexing Standards for Recorded Documents Title: Title of instrument must meet county standards. Title supplied in XML data will be programmatically verified to be an exact match with one of the valid titles defined by Pierce County. Contract # CC-105192 Pierce County eSubmit Processing Agreement 7 ATTACHMENT C Processing Schedules, Hours of Operation, Account Management, and Contacts Attachment C is hereto attached and incorporated by reference to the Pierce County eSubmit Processing Agreement and outlines the eSubmit Program processing schedules, hours of operation, account management, and contacts. Neither party shall be liable for any failure to perform processing of the transactions and documents where such failure results from any act of God 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 Submitter with a choice of using a courier service or waiting until the problem has been remedied. Hours Excluding legal holidays and office closures, Pierce County will accept and process eSubmit transactions based on the submission time as follows: • Recordings 8:30 a.m. and 4:00 p.m., Pacific Standard Time, Monday through Friday. Changes to these hours may be made without amendment to this agreement. Changes in hours will be communicated to Submitter prior to implementation. Holiday /Office Closure Schedule will be distributed in December of each year via e-mail and/or posting on the Auditor’s website. eSubmit Notification Process Upon acceptance of electronic documents, Submitters will immediately receive an e-mail with the following information. a) Batch Number Receipt Number b) Date/Time of Processed Recording c) Recording Number (AFN) d) Fee Charges e) TIFF Image Upon a rejection of electronic documents, Submitters will immediately receive a) Notice of Reject b) Reason for Reject Alternative Delivery Options In the event eSubmit is inoperable, the traditional means of document submission remain available. Paper documents may be submitted in person or mailed to the Pierce County Auditor’s Office, Attn: Document Recording, 2401 S 35th St, Room 200, Tacoma, Washington 98409. Contract # CC-105192 Pierce County eSubmit Processing Agreement 8 ATTACHMENT C | Processing Schedules, Hours of Operation, Account Management, and Contacts | cont’d Contact Information Submitter must maintain current contact information. Failure to do so may result in immediate termination of eSubmit privileges. Submitter Account and Contact Information County Contact Information City of Auburn 25 West Main Street Auburn, WA 98001 City Clerk’s Office (Legal) Hannah Scholl, Deputy City Clerk Phone: 253-931-3007 Email: hscholl@auburnwa.gov Alternative Contact Katie Sorum, Records Clerk Phone: 253-237-3930 Email: ksorum@auburnwa.gov Pierce County Auditor’s Office 2401 So 35th Street Suite 200 Tacoma, WA 98409 Recording/Excise Unit Kim Eisenbacher, Recording Supervisor 253.798.2123 Email: kim.eisenbacher@piercecountywa.gov FAX 253.798.2623 Technical Questions Richard Roberts, Information Specialist 253.798.2716 Email: richard.roberts@piercecountywa.gov Contract # CC-105192 Pierce County eSubmit Processing Agreement 9 ATTACHMENT D Map Requirements Attachment D is hereto attached and incorporated by reference to the Pierce County eSubmit Processing Agreement and outlines the eSubmit Program processing schedules, hours of operation, account management, and contacts. Survey or map document types have a unique set of recording requirements from other document types. Imaging Specification: All maps presented for eSubmit must meet the same minimum standards as that of conventional paper maps (RCW 58.09.050). Maps must be scanned by the Submitter at a minimum of 300 dpi and no more than 400 dpi. The County will reject and return transactions that do not meet these specifications or are determined to be illegible. The County cannot insert recording numbers for related documents on submitted maps (declaration of covenants, easements, etc). Submitter will need to record the related documents in a separate batch and write the recording number(s) on the map before submitting for eRecording. Document Standardization for Records of Survey: Reference RCW 58.09.050 Records of survey—Processing—Requirements The records of survey to be filed under authority of this chapter shall be processed as follows: 1. a) The record of survey filed under RCW 58.09.040(1) shall be an original map, eighteen by twenty-four inches, that is legibly drawn in black ink on mylar and is suitable for producing legible prints through scanning, microfilming, or other standard copying procedures. b) The following are allowable formats for the original that may be used in lieu of the format set forth under (a) of this subsection: i. Photo mylar with original signatures; ii. Any standard material as long as the format is compatible with the auditor's recording process and records storage system. This format is only allowed in those counties that are excepted from permanently storing the original document as required in RCW 58.09.110(5); iii. An electronic version of the original if the county has the capability to accept electronic signatures which meet the standards provided by the rules adopted by the Washington state board of registration for professional engineers and land surveyors, and can import electronic files into an imaging system. The electronic version shall be a standard raster file format acceptable to the county. A two inch margin on the left edge and a one-half inch margin on other edges of the map shall be provided. The auditor shall reject for recording any maps not suitable for producing legible prints through scanning, microfilming, or other standard copying procedures. Contract # CC-105192 Pierce County eSubmit Processing Agreement 10 2. Information required by RCW 58.09.040(2) shall be filed on a standard form eight and one-half inches by fourteen inches as designed and prescribed by the department of natural resources. The auditor shall reject for recording any records of corner information not suitable for producing legible prints through scanning, microfilming, or other standard copying procedures. An electronic version of the standard form may be filed if the county has the capability to accept electronic signatures which meet the standards provided by the rules adopted by the Washington state board of registration for professional engineers and land surveyors, and can import electronic files into an imaging system. The electronic version shall be a standard raster file format acceptable to the county. 3. The auditor, in those counties using imaging systems, may require only the original, and fewer prints, as needed, to meet the requirements of their duties. If any of the prints submitted are not suitable for scanning or microfilming the auditor shall not record the original. 4. Legibility requirements are set forth in the recorder's checklist under RCW 58.09.110. Minimum Indexing Standards for Recorded Documents: Title: Title of instrument must meet county standards. Title supplied in XML data will be programmatically verified to be an exact match with one of the valid titles defined by Pierce County. Grantor Name(s): First and last name or company name – minimum one, no maximum. The presence of one or more grantor names in the XML data will be programmatically verified. Grantee Name(s): First and last name or company name – minimum one, no maximum. The presence of one or more grantee names in the XML data will be programmatically verified.