HomeMy WebLinkAboutElectronic Recording Agreement - 050321 cV) 4 Vt) ' 3 )4 'eta to -eon 11471.1
ELECTRONIC RECORDING AGREEMENT 67,
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THIS ELECTRONIC RECORDING AGREEMENT("Agreement") is made and entered into effective as
of April 19th 2021 by and between SYNRGO, INC. a California corporation located at 590 W. Lambert Rd.,
Brea, CA 92821 and Jefferson County, WA ("JURISDICTION") located at 1820 Jefferson St, Port
Townsend, WA 98638.
a
RECITALS
A. SYNRGO offers a national electronic recording platform and service to function as a trusted third
party for Title Insurance Companies, Attorneys, Mortgage Bankers, Full Service Banks and other trusted
entities to submit electronic documents to government entities for recording.
B. Jurisdiction desires to offer recording of real property documents by electronic transmission 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.
AGREEMENT
1. Electronic Recording. For purposes of this Agreement, Electronic Recording is defined based on
the level of automation and structure of the transaction. The three levels of automation are as follows:
> Level 1 Submitting organizations transmit scanned image copies of ink signed documents to
Jurisdiction. Jurisdiction 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 Jurisdiction. Jurisdiction 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 Submittin 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 Juridisction and returned in
Smart document formate to the submitting organization
2. Program Eligibility = °
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SYNRGO County Recording Agreement-Direct-Direct
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Title Insurance Companies, Attorneys, Mortgage Bankers, Full Service Banks and other trusted
entities (collectively, "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 Jurisdiction 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 Agreement outlines the
procedures and rules for the trusted relationship between SYNRGO and Jurisdiction 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 Jurisdiction for Electronic Recording.
3. Jurisdiction Requirements
The Electronic Recording Program of the Jurisdiction is defined by the requirements defined below
and provided to SYNRGO through the online questionnaire and secure ACH link, if your preference is to
have SYNRGO send payments via ACH:
- Jurisdiction's document and indexing specifications
- Jurisdiction's processing schedules and hours of operation
- Jurisdiction's business rules
- Jurisdiction's payment information
4. SYNRGO Responsibilities
SYNRGO acknowledges that Electronic Recording permits its customers, who are Trusted Entities,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.
SYNRGO shall require that all Trusted Entities ensure that only original documents are used to create
the electronic documents. SYNRGO shall require that documents submitted by Trusted Entities for
Electronic Recording have been checked by Trusted Entities before submission for errors, omissions,
scanning defects, illegible areas, and other deficiencies that would affect the Jurisdiction's ability to
record the document and the public notice to be created thereby.
SYNRGO shall ensure that all reasonable security measures and credentials implemented by SYNRGO
providing access to its electronic recording platform are protected and shall implement and maintain
rigorous password requirements and protection.
SYNRGO shall require all Trusted Entities to represent and agree that all documents submitted for
recording by Trusted Entities are authentic forall purposes as fully as if paper versions of the documents
have been manually signed.
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SYNRGO County Recording Agreement-Direct-Direct
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SYNRGO is a proud member of Property Records Industry Association (PRIA) and American Land Title
Association (ALTA). SYNRGO complies with PRIA's standards for electronic recording and ALTA's Best
Practices.
5. Reporting and Payments
SYNRGO shall provide Jurisdiction with access to daily reports of all electronic recording activity
submitted for recording to Jurisdiction through SYNRGO. SYNRGO shall process payment of all daily
activity via ACH Push by end of day and payment will be issued to Jurisdiction next business day unless
another form of payment is used such as ACH Pull.
6. General Terms
The Jurisdiction will not incur any liability for the information electronically transmitted by SYNRGO.
Should a dispute or legal action arise concerning an electronic transaction,the Jurisdiction will be held
harmless and not liable for any damages.
The Jurisdiction will not incur any liability for any breach of security, fraud or deceit as a result of
Electronic Recording. Neither SYNRGO nor the Jurisdiction 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.
SYNRGO and Jurisdiction 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.
7. Notices
JURISDICTION Name: S (,/�U,•',
Address: 1820 Jefferson St
City, State,Zip: Port Townsend, WA 98368
Telephone: (360) 385-9116
Email:
SYNRGO Name: Rich Sherman
Address: 590 W. Lambert Rd.
City, State,Zip: Brea, CA 92821
Telephone: (714)482-2060
Email: richs@synrgo.com
8. Termination. Either party may terminate this Agreement for any reason by providing 30 days
written notice of termination.
9. Severability. In the event any portion of this Agreement is found to be unlawful or unenforceable,
the remaining terms and conditions of this Agreement shall remain in full force and effect between the
parties.
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SYNRGO County Recording Agreement-Direct-Direct
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10. Third Parties. The provisions of this Agreement are not intended to be for the benefit of any
person or entity which is not a party to this Agreement or not specifically mentioned in this Agreement as
a person or entity intended to benefit from this Agreement, and no such person or entity shall obtain any
rights under any provision of this Agreement or shall by reason of any provision under this Agreement
make any claim against any named party to it or person mentioned in this Agreement.
11. Miscellaneous. The section captions in this Agreement are for convenience only and shall not in
any way limit or be deemed to construe or interpret the terms and provisions hereof. This Agreement
shall be construed and enforced in accordance with the laws of the State of Washington.This Agreement
constitutes the entire agreement between the parties and any prior written or oral agreements are
without affect. This Agreement expressly replaces and entirely supersedes any previous agreements
between the parties, oral or written. Any addenda or amendments to this Agreement must be in writing
and executed by the parties.
IN WITNESS WHEREOF the parties or their duly authorized representatives have executed this Agreement
to be effective on the date first above written or the last date listed below, whichever occurs later, but in
the event dates below are blank or incomplete, then the date first above written shall be the effective
date.
JURISDICTION: Jefferson County, WA SYNRGO, INC., a California corporation
Signed: Signed: ,1_
Print: 141eDeo Print: Rich Sherman
Title: chtfy Title: Director
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Date:
�'1 Date:
"Iyed7icTerni
nly:
Date:X
Philip C. u ,Chie Deputy Pr7cutin Attorney
Jefferson County Prosecuting Attorney's Office 4
SYNRGO County Recording Agreement-Direct-Direct
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Brenda Huntingford, Chief Deputy Auditor
DATE: May 3, 2021
SUBJECT: SYNRGO, INC
STATEMENT OF ISSUE:
Auditor's Office recording is requesting that this agreement be approved.
ANALYSIS:
This contract is to enable this company to submit documents electronically for recording.
FISCAL IMPACT:
None
RECOMMENDATION:
Approve agreement for SYNRGO, INC.
REVIE BY:
hi i y, out d istrato Date
CONTRACT REVIEW FORM
CONTRACT WITH: SYNRGO, INC TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Jefferson County E-Recording TERM: Continious
COUNTY DEPARTMENT: Jefferson County Auditor RECEIVED
For More Information Contact: Brenda Huntingford or RoseAnn CaAn 2 3 2021
Contact Phone #: 360 385 9358
JEFFERSON COUNTY
RETURN TO: Brenda Huntingford RETURN BY: April 30, 202 OMMISSIONERS
(Person in Department) (Date)
AMOUNT: 0 PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue varies ❑ Cooperative Purchase
Expenditure zero ❑ Competitive Sealed Bid
Matching funds Required zero ❑ Small Works Roster
Source(s) of Matching Funds zero ❑ Vendor List Bid
❑ RFP or RFQ
E Other
Step 1 : REVIEW BY ENT
Rev b�': � (
Date Reviewe :
APPROVED FORM ❑ Returned for revision(See Comments)
Comments
Step 2: REVIEW BY OSEC NG ATTORNEY
Review by: Philip C. Hunsucker
Date Reviewed: Zi Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM ❑ Retu ned for revision(See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request, and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here" markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)