HomeMy WebLinkAboutItem 21 - E-Filing Plats Tarrant County MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER 52—
MEETING DATE: JANUARY 16, 2018
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH TARRANT
COUNTY FOR THE E-FILING OF PLATS
RECOMMENDATION
City Council to consider approving a Memorandum of Understanding with Tarrant
County for the purpose of electronically filing plats within Tarrant County, authorizing
staff to execute said agreement, and take any necessary action.
BACKGROUND:
The City of Grapevine currently files plats with Tarrant County in-person at the County
Clerk's office. Tarrant County is pursuing an electronic filing process with municipalities
to streamline the filing process.
The agreement sets out respective responsibilities, obligations, expectations, for e-filing
activities.
The agreement requires approval by the Grapevine City Council and the Tarrant County
Clerk's Office.
Staff recommends approval.
ELECTRONIC IMAGE AND TEXT DATA TRANSFER USING FILE TRANSFER
PROTOCOL
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is between Mary Louise Garcia, Tarrant
County Clerk, ("CLERK"), Tarrant County ("COUNTY") and SUBSCRIBER
("SUBSCRIBER") with offices at
Tarrant County desires to offer the recording of real property documents by electronic
means providing for the receiving and transmitting of 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, to the mutual benefit of the parties of the transactions.
For purposes of this Memorandum of Understanding ("MOU"), Electronic Recording is
defined as the electronically based submitting of documents from SUBSCRIBER to
COUNTY and electronically based receipt of confirmation of recording from COUNTY to
SUBSCRIBER based on the level of automation and structure of the transaction and is
characterized by four levels of automation and structure 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 the 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 documents 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 documents 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 COUNTY AND SUBSCRIBER. 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 parties involved in Electronic Recording in order to facilitate a
safe and secure Electronic Recording relationship.
County Requirements
The Electronic Recording Program of Tarrant 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. SUBSCRIBER agrees to provide the transmission to COUNTY
following the specifications outlines. SUBSCRIBER understands that the specification
may change from time to time. In the event changes to the specification are required,
COUNTY will provide a written notice to SUBSCRIBER within a reasonable timeframe.
Attachment B contains the document and indexing specification for the Electronic
Recording Program. For each document, a 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. No 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) or if the
COUNTY system causes delays or power failures interfere with the normal course of
business. By the agreement, COUNTY is assuming no contractual liability whatsoever
for any failure to record any document, delay in recording any document, or for the
quality or content or lack thereof of any document presented for recording.
Attachment D provides the payment options supported for the Electronic Recording
Program.
County Responsibilities
COUNTY shall attempt to protect the integrity of the Recordation process through
ongoing monitoring of documents received and recorded through Electronic Recording
means.
COUNTY shall work with SUBSCRIBER to install, configure, and administer necessary
infrastructure components to facilitate Electronic Recording.
COUNTY shall test and maintain Electronic Recording software and hardware required
to operate the Electronic Recording capability. COUNTY, however, shall be held
harmless and not liable for any damages resulting from software or equipment failure
and assumes no contractual liability for any damages whatsoever via any part of this
document.
COUNTY shall apply the level of diligence in handling documents submitted
electronically as those submitted through the manual process.
SUBSCRIBER Responsibilities
SUBSCRIBER shall work to ensure that all security measures and credentials
implemented are protected. SUBSCRIBER assumes all responsibility for documents
submitted through unique credentials provided to SUBSCRIBER for the purposes of
engaging in Electronic Recording.
SUBSCRIBER shall be diligent in ensuring that documents submitted for Electronic
Recording have been checked before submission, for errors, omissions, scanning
defects, illegible areas, and other deformities that would impact the validity of the
document.
SUBSCRIBER 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 the use of electronic or digital certificates to sign documents, SUBSCRIBER 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, SUBSCRIBER 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 the digital certificates to seal electronic files containing images of original
documents or documents bearing manual signatures, SUBSCRIBER 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 SUBSCRIBER 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 will be held harmless and
not liable for any damages.
SUBSCRIBER is responsible for receiving receipt of documents recorded by COUNTY
ensuring that the source of the receipt is known to be the COUNTY. SUBSCRIBER is
responsible for forwarding these documents to COUNTY ensuring that the source of the
documents is known to be the SUBSCRIBER who has been authenticated and that the
documents to be recorded pass from SUBSCRIBER to COUNTY without modification.
SUBSCRIBER must maintain an audit trail of all activity available to COUNTY at their
request to resolve issues or investigate potential fraudulent activity. The audit trail must
contain, at a minimum, submitter ID, submitted content at point of receipt from
SUBSCRIBER, submitted content at point of delivery to COUNTY, date and time
submitted, size, and checksum.
SUBSCRIBER is responsible for supporting any technical issues associated with
Electronic Recording. SUBSCRIBER shall work, in good faith, with COUNTY to resolve
issue with the Electronic Recording process.
SUBSCRIBER shall provide end user support to COUNTY through which problems or
issues can be reported and addressed. In the event that problem is determined to be
with the Electronic Recording software and not the infrastructure provided, the
SUBSCRIBER shall work to resolve issues with COUNTY.
SUBSCRIBER is solely responsible for any and all costs of the system or services that
enable SUBSCRIBER to meet the Electronic Recording Program requirements.
SUBSCRIBER is responsible for coordinating all technical problems and issues through
COUNTY.
i
General Understandings
COUNTY will not incur any liability for the information electronically transmitted by the
SUBSCRIBER to COUNTY. COUNTY will not incur any liability for any breach of
security, fraud, or deceit as a result of Electronic Recording.
Neither the COUNTY nor SUBSCRIBER 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.
The COUNTY and SUBSCRIBER 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.
Any party may terminate this Memorandum of Understanding for any reason by
providing 30 days written notice of termination.
The COUNTY and SUBSCRIBER acknowledge that the Electronic Recording process is
an emerging technology and that State and National standards will continue to evolve.
Agreed and Accepted:
TARRANT COUNTY
SUBSCRIBER
B. Glen Whitley, Tarrant County Judge
Date:
Mary Louise Garcia, Tarrant County Clerk
Date:
County Administrator's Office
Date:
APPROVED AS TO FORM (By law, the Criminal District Attorney's Office mayonly
approve contracts for its clients. We reviewed this document as to form from our client's
legal perspective. Other parties may not rely on this approval. Instead, those parties
should see review from independent counsel.)
Criminal District Attorney's Office
Date:
ADDENDUM
Form 1295 Acknowledgement
Covered Entity acknowledges that it is a governmental entity and not a business entity
as those terms are defined in Tex. Gov't Code 2252.908, and therefore, no disclosure of
interested parties pursuant to Tex. Gov't Code Section 2252.908 is required.
Subscriber Representative
Attachment A
Technical Specifications
Format of the Transmitted File
Property Records Industry Association (PRIA) file format standard will be used. Images
will be in multi-page Group IV TIFF format. SUBSCRIBER can work with COUNTY to
provide additional fields (extensions) to the current PRIA standard.
Communications Protocol and Options
TCP/IP, HTTP, and HTTPS
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 quarterly basis.
Returned File Format
PRIA file format standard will be used. Images will be in multi-page Group IV TIFF
format.
Levels of Electronic Recording Supported
Level 2 (File Transfer Protocol - FTP)
Electronic Signatures and Use of Digital Certificates
The user 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 SUBSCRIBER.
SUBSCRIBER acknowledges that Electronic Signatures and Digital Certificates will be
used in the future and will work with COUNTY to accommodate their use.
Imaging Standard
Documents will be scanned at 200dpi.
Documents will be scanned in portrait mode.
Plats will be scanned at 300dpi.
Plats will be scanned in landscape mode.
All images will be captured as multi-page GROUP IV TIFF images.
Images will be legible. Legible in this instance means a clear, readable image —
including signature and notary seals — and in which all portions of each page are
captured.
Document font size must meet PRIA minimum standards.
Attachment B
Documents and Indexing Specifications
Documents shall be accepted for filing according to the provision of Texas law and PRIA
standards, except to the extent that PRIA standards may contradict Texas law.
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 and hours 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 SUBSCRIBER of any disruption in service.
Processing Schedules
Documents received prior to 3PM Central will be processed the same business day.
Documents received after 3PM Central may be processed the next business day.
Turnaround Timeframe
Documents received prior to the times listed above will be processed (accepted or
rejected) the same business day.
Alternate Delivery Options
There are no other electronic delivery options at this time.
Return to Options
Submitted documents that are accepted for recording will be provided to SUBSCRIBER
in electronic format after acceptance. Confirmation of acceptance and recordation will
be provided to SUBSCRIBER 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 SUBSCRIBER in electronic
format after rejection along with a description of the reason(s) for rejection.
Service Help Contact Information
COUNTY CLERK RECORDING CONTACT:
Michelle Moore
Manager, Recording and Records Preservation
(817)884-1061
mmoore(a�tarrantcounty.com
SUBSCRIBER BUSINESS CONTACT:
City of Grapevine
Lorna Gibson
817-410-3139
817-410-3135
Igibson@grapevinetexas.gov
SUBSCRIBER TECHNICAL CONTACT:
City of Grapevine
Suja Joseph
817-410-3386
817-410-3135
Attachment D
Payment Options
Payment Options
SUBSCRIBER initiated ACH or Escrow Account.
Account Setup Procedures
Upon execution of the MOU, SUBSCRIBER must contact County Clerk Accounting to
establish account. CLERK will provide electronic ACH or Escrow deposit instructions
necessary for funds settlement. Account must be in place in advance of any Electronic
Recording submissions.
Payments
SUBSCRIBER agrees to settle account the same day Electronic Recordings are
submitted by established Escrow Account or by sending one payment via ACH to the
designated CLERK bank account. Account settlement will be for the full amount of daily
Electronic Recordings. SUBSCRIBER will provide CLERK with fiscal documentation to
support each payment in electronic format at time of daily settlement. Fiscal
documentation must contain the document number, transaction ID, date and time
recorded, submitted name, document type, and document amount for each transaction
associated with the payment.
Reporting and Reconciliation
Electronically Recorded documents will not be accepted if prior day's financial
settlement is not complete. CLERK will be responsible for maintaining and reconciling
CLERK records. SUBSCRIBER will be responsible for submitting account information
with each document batch and for reconciling SUBSCRIBER records.
Exception Handling
Discrepancies in fees discovered by CLERK after document acceptance will be
corrected by CLERK within five county business days. SUBSCRIBER will be provided
notification of the error.