Agenda 03/24/2015 Item #16A18 3/24/2015 16.A.18.
EXECUTIVE SUMMARY
Recommendation to enter into a "Deposit Account Agreement" with the Collier County Clerk of
Courts (Clerk) to establish and maintain a deposit account used for payment to record Notices of
Commencement by the Clerk that have been electronically forwarded by Collier County Growth
Management Department staff as a convenience to its building permit customers.
OBJECTIVE: To have the Board of County Commissioners (Board) enter into a "Deposit
Account Agreement" with the Clerk to establish and maintain a deposit account used for
payment to record Notices of Commencement by the Clerk of Courts that have been
electronically forwarded by Collier County Growth Management Department staff as a
convenience to its building permit customers.
CONSIDERATION: At the October 28, 2014 meeting, under item 16A25, the Board approved
Resolution 2014-224 that adopted a modification to the Collier County Growth Management
Division/Planning and Regulation Fee Schedule to allow collection of a $5 Notice of
Commencement convenience fee.
Chapter 713 of the Florida Statutes describes the rules and process for obtaining a Notice of
Commencement (NOC) and specifies that the NOC must be recorded by the Clerk of Courts
(Clerk). Customers currently apply for and pick up permits at the Growth Management
Department (GMD) Development Services building and then drive to the Clerk's office to have
their NOC recorded. In order to streamline the process for the customer, GMD staff will now
offer the option of processing the NOC and forwarding it to the Clerk for recording.
Under this optional process, the customer will pay the Clerk's recording fee plus a $5.00 NOC
convenience fee that will offset the cost of performing this service by Fund 113-paid associates.
Alternatively,the customer can still choose to travel to the Clerk for recording of the NOC.
In order to implement the mechanism for payment of the recording fee from the County to the
Clerk, the Clerk requires the County to enter into an agreement (attached) to establish and
maintain a deposit account. The County will deposit funds into the account as needed, and the
account will be debited each time the Clerk records an NOC. Once the funds fall below a
predetermined threshold,the County will make additional deposits.
FISCAL IMPACT: There is no fiscal impact associated with the approval of the deposit
account agreement. It is anticipated that the NOC convenience fee revenues collected will be
offset by the costs of providing the service. and therefore, will be fiscally neutral.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
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RECOMMENDATION: That the Board enters into a "Deposit Account Agreement" with the
Clerk to establish and maintain a deposit account used for payment to record Notices of
Commencement by the Clerk that have been electronically forwarded by Collier County Growth
Management Department staff as a convenience to its building permit customers.
Prepared By: Kenneth Kovensky, Operations & Regulatory Management Division, Growth
Management Department
Attachment: 1) Deposit Agreement
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3/24/2015 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to enter into a "Deposit Account Agreement" with the
Collier County Clerk of Courts (Clerk) to establish and maintain a deposit account used for
payment to record Notices of Commencement by the Clerk that have been electronically
forwarded by Collier County Growth Management Department staff as a convenience to its
building permit customers.
Meeting Date: 3/24/2015
Prepared By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
3/4/2015 8:30:38 AM
Submitted by
Title: Manager Financial & Operational Support, Operations &Regulatory Management
Name: KovenskyKenneth
3/4/2015 8:30:39 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/6/2015 9:44:29 AM
Name: FrenchJames
Title: Division Director-Operations Support, Operations &Regulatory Management
Date: 3/7/2015 8:40:00 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 1:15:03 PM
Name: lsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
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Date: 3/11/2015 1:40:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:25:14 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:56:15 PM
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Deposit Account - Information
Overview:
Deposit account(s) allows customers to deposit funds with the Clerk and use them to pay for most
services*. This provides a fast, convenient way to pay while eliminating: dealing with cash, writing
checks, and trying to estimate the cost of Clerk's services.
Deposit account holders are assigned a login/password to access and maintain their account from
the Clerk's website. On-line access provides: real time access to account balance, ability to
deposit funds via ACH transactions, historical reports, ability to submit electronic documents for e-
Recording in the Official Records, access to receipt and recorded document images, and the ability
to create and manage additional logins for other staff within your organization.
Benefits:
• There is no charge to open or close a deposit account.
• Deposit accounts may be used for a variety of Clerk's services* at any Clerk's office
location.
• Deposit accounts do not require you to calculate the exact cost of Clerk services in advance
(such as when issuing a check). Funds are debited (and credited) as required.
• Service requests are not declined for insufficient payment by cash or check (as long as
sufficient funds are available in the account).
• Account holders may establish a low balance alert and receive automatic notification when
their balance falls below their chosen threshold.
• You control access to your account and your funds both on the Internet and for "walk-in"
transactions at the Clerk's service counters.
How to open a deposit account:
Submit a completed Deposit Account Agreement along with a check made payable to the "Clerk of
Courts". You must open an account with a minimum of $50.00. Amounts deposited thereafter are
at your discretion but the account balance should be maintained at a sufficient level for the Clerk to
process your service requests.
Submit paperwork Collier Clerk of Courts
with original signatures to: Accounting Department
(copies/fax/email will not be accepted) 3299 Tamiami Trail East, Suite 701
Naples, FL 34112-5746
Questions Email: AcctingHelp(cCollierClerk.com
& Ongoing Service: Phone: (239) 252-2734
Court e-filing requires payment through the FACC ePorfal. Deposit Accounts cannot be used for these
services. In addition the Clerk requires certified funds for some services such as foreclosure sales.
Limitations may be placed on the use of Deposit Account funds for these services.
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, Collier Clerk of Courts
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--<;;-,-,,':`a Deposit Account - Agreement
THIS AGREEMENT ("Agreement") shall become effective on:
and is made between:
Dwight E. Brock,
Clerk of the Circuit Court, Collier County Florida ("Clerk")
whose primary location is: 3315 Tamiami Trail East, Naples Florida, 34112
and
("Customer")
whose primary location is:
and
WHEREAS the Clerk cannot provide services prior to payment in accordance with Florida
law, and;
WHEREAS the Clerk desires to allow Customer to: deposit funds in a Deposit Account(s)
with Clerk to provide an efficient means to pay for services and fees, and to
provide an opportunity for Customer to electronically deposit funds in Deposit
Account(s) via Automated Clearing House ("ACH") transactions, and to provide
an opportunity for Customer to submit electronic document images and data for
recording in the Official Records ("e-Recording") and;
WHEREAS the Customer desires to deposit funds with Clerk, and have the opportunity to
electronically deposit funds via ACH transactions, and have the opportunity to e-
Record documents;
NOW, THEREFORE, the Clerk and the Customer do hereby agree:
1. This agreement shall become effective on the first date mentioned above.
2. This Agreement contains the parties' entire agreement and supersedes all previous
agreements between Clerk and Customer regarding Deposit Account(s), electronic
access to such accounts via the Clerk's website Portal ("Portal"), ACH transactions
made to Deposit Account(s), and e-Recording.
3. The Customer shall deposit funds into the Deposit Account(s) in a timely fashion to
maintain a sufficient account balance to pay for incurred fees, charges and costs.
Failure to do so may result in the denial of services.
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4. The Customer is responsible to ensure the prompt honoring of all deposits and shall
guarantee all such funds. Dishonored deposits shall result in the immediate suspension
of the Customer's Account(s) until such time as 1) the Customer provides payment in
guaranteed funds such as cash, Cashier's Check or Money Order to cover the deposit
amount and any penalties and associated fees, or 2) the Clerk at his sole discretion
transfers funds from another of the Customer's Account(s) to cover the deposit amount
and any fees. Failure of the Customer to promptly make full restitution may result in
additional legal action and penalties in accordance with Florida law including but not
limited to Florida Statute 68,065.
5. Funds on deposit may be invested by the Clerk at his sole discretion. All interest and
dividends shall be payable to the Clerk to help defer operating costs.
6. The Clerk at his sole discretion may restrict or refuse payment by Deposit Account funds
for some services such as but not limited to: Court e-filing through the FACC ePortal,
and services requiring certified funds such as foreclosure sales.
7. The Customer authorizes the Clerk to withdraw fees from the Deposit Account(s) as
necessary to pay for any incurred costs not otherwise paid by the customer including,
but not limited to, transaction payment shortages, and stopped checks/payments. The
Customer also authorizes the Clerk to deposit any surplus funds from service
transactions to the Customer's Deposit Account(s).
8. The Customer is solely responsible for the use of funds from the Deposit Account(s) and
for monitoring all account activity. If the Customer becomes aware of discrepancies or
security breaches, the Customer shall notify the Clerk immediately. Failure to notify the
Clerk shall constitute consent to the transaction and the resulting account(s) balance(s).
9. The Customer shall be solely responsible to acquire at their expense any equipment
necessary to facilitate access to the account such as but not limited to: computers,
Internet access, printers, and etcetera.
10. The Customer shall designate a Primary Representative to monitor account(s) activity
and manage Customer access to their account(s).
11. The Customer shall maintain up-to-date information on file with the Clerk including:
Company Name, Primary Representative, Mailing Address, Phone, Email, etc., and
where applicable ACH information. The Customer shall update all information as
needed using their on-line Account(s) access or if such information cannot be updated
on-line, such as ACH information, by contacting the Clerk in writing.
12. If the Customer elects to participate in electronic ACH transactions for the purpose of
depositing funds into their Account(s), the customer shall provide the Clerk with
additional information as may be required to facilitate the ACH process including but not
limited to, bank routing information and bank account number(s) and agrees to abide by
any additional rules or policies established by the Clerk. The Clerk shall use such
information to generate Customer ACH transactions as authorized by the Customer. The
Customer shall authorize such transactions using their password controlled access to
their Account(s) on the Clerk's website. The Clerk shall not generate ACH transactions
for any other purpose except where such transactions may be necessary to correct for
errors and to honor the Customer's original authorization(s). The Clerk reserves the
right to set limits on the quantity and maximum dollar amount of transactions for ACH
transactions and to modify those thresholds from time to time as may be required. Such
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limitations shall be identified on the Portal. The Customer accepts that ACH
transactions incur additional processing costs which the Clerk shall deduct from the
Customer's Account(s). Such processing costs are subject to change without notice but
shall be specified on the Portal. The Customer also accepts that any other costs or fees
assessed by the financial institutions involved are the sole responsibility of the
Customer.
13. Deposit Account Portal: The following provisions apply to the Customers electronic
access to their deposit account over the Internet:
a. The Clerk will attempt to provide access to the Portal on an on-going basis but
reserves the right to limit access at his sole discretion for reasons including but
not limited to: scheduled outages for system maintenance, technical problems,
and declared or undeclared emergencies. At no time shall the Clerk be liable for
any reliance or related losses due to the unavailability of such services and
access.
b. The Clerk shall provide the Customer with electronic access to their deposit
account via a single, unique username and password to the Portal and by
making the Portal accessible from the Clerk's Internet website:
www.collierclerk.com. The Customer may use the Portal to create additional
usernames and passwords for their staff and to establish a "verbal passcode" as
a form of authorization for walk-in transactions at the Clerk's service counters. In
all instances, the Customer shall be solely responsible to promptly maintain, and
revoke such access as required to ensure the security of their account.
c. If the Customer establishes a verbal passcode for their account(s), the Clerk in
accordance with his procedures shall require walk-in customers to provide both
the verbal passcode and photo identification before allowing services to be
charged to the Customers deposit account. Accounts without a verbal passcode
shall not be available for use by walk-in customers.
d. Customer may close their Account(s) at any time by providing written notice to
the Clerk signed by the Primary Representative or an executive officer of the
company. Upon closing, any remaining balance in the account will be returned to
the customer at the most recent address on file with the Clerk. The Clerk
reserves the right to deduct any outstanding fees or monies owed to the Clerk
prior to generating a refund.
e. The Clerk's staff will assist the Customer's designated Primary Representative in
their initial efforts to access their account on the Clerk's website and will provide
limited technical assistance from time to time such as: resetting passwords and
clarifying available functionality. The Customer's Primary Representative is
responsible to provide assistance to all other Customer personnel. Additional
assistance from the Clerk may be billable, and may be offered at the Clerk's sole
discretion. Any such additional service shall be approved by the customer and
paid in advance of work performed.
f. The Clerk retains the right to close an account at any time without cause.
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g. The Clerk shall have sole authority and discretion to change the nature, extent,
format or other aspects related to the Account(s) at any time without notice to or
consent by the Customer including the appearance, format, and functionality
available to the Customer. Customer agrees to hold the Clerk harmless for any
such changes or results generated by the changes.
14. If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of
this Agreement, or the application of such terms or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this Agreement shall be deemed valid
and enforceable to the extent permitted by law.
15. Should the Clerk prevail in any legal action or other proceeding brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any provisions of this Agreement, the Clerk shall be
entitled to recover reasonable attorney's fees, court costs (including, without limitation,
all such fees, costs and expenses incident to appeals), and all expenses incurred in that
action or proceeding, in addition to any other relief to which such party or parties may be
entitled. Venue for such action shall be Collier County, Florida.
16. The Clerk and the Customer agree that this Agreement sets forth the entire agreement
between the Clerk and the Customer, and that there are no promises or understandings
other than those stated herein. None of the provisions, terms and conditions contained in
this Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by both the Clerk and the Customer.
17. The Customer is aware that this agreement and any subsequent correspondence is
subject to Florida Statutes Chapter 119 (Florida's Public Records Act).
18. The Customer shall have no recourse or right of action against the Clerk for any cause
whatsoever due to the dissemination and use of information associated with any
Account(s). The Customer shall save and hold the Clerk harmless and defend the Clerk
from any and all liability of whatever nature whatsoever, including attorney's fees, arising
out of the use of the information obtained by the Customer in accordance with this
agreement.
19. Either party may terminate this agreement at any time upon delivery of written notice to
the other and five (5) business days processing time.
20. e-Recording: The following provisions apply to the electronic submission of documents
for recording in the Official Records:
a. Customers agree to abide by Florida law for all e-Recording transactions.
b. Electronically transmitted documents shall be considered the "original" record of
the transaction in substitution for, and with the same intended effect as, paper
documents. The Customer agrees to submit only "original", unaltered documents
for e-Recording.
c. Customers agree to be diligent in ensuring that all documents submitted for e-
Recording have been checked before submission for errors, omissions, scanning
defects, illegible areas, and other deficiencies that would affect the Clerk's ability
to record the document and the public notice thereby created.
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d. Customers and their employees/agents attest to the accuracy and completeness
of the electronic records and acknowledge responsibility for the content of the
documents. Should any dispute or legal action arise concerning an electronic
transaction, the Clerk and his employees/agents shall be held harmless and not
liable for any damages.
e. Customers agree to maintain an audit trail of all activity leading up to the
submission of documents for e-Recording and to provide such information as
requested by the Clerk to resolve any issues or investigate any transactions or
procedures as required.
f. Documents for e-Recording may only be submitted through the Clerk's website
Portal by authorized Deposit Account(s) holders.
g. The Clerk will attempt to provide access to e-recording through the Portal on an
on-going basis but reserves the right to limit access at his sole discretion for
reasons including but not limited to: scheduled outages for system maintenance,
technical problems, and declared or undeclared emergencies. At no time shall
the Clerk be liable for any reliance or related losses due to the unavailability of
such services and access.
h. With the exception of outages as described above, documents may be submitted
for e-Recording at any time but documents will only be process by the Clerk
during normal business hours or during other times as the Clerk may direct.
i. It is understood that submission of a document(s) for e-Recording is
commensurate with sending a paper document to the Clerk by other delivery
methods such as U.S. Mail or delivery service. Documents are not recorded until
the Clerk has reviewed them and entered them into the Official Record in
accordance with law including but not limited to Florida Statutes 695.11 and
28.222. Until a document is recorded in the Official Record it is considered "in-
transit" and is the sole responsibility of the Customer.
j. If the Clerk determines for any reason that submitted documents do not meet the
Clerk's business requirements, the documents may be rejected back to the
Customer. In such instances the Clerk will notify the Customer in their
Account(s) logon on the Clerk's website. The customer is responsible to monitor
their Account(s) for such notice. In no instance shall the Clerk be liable for
rejected documents or transactions.
k. The document types and associated indexing requirements that are accepted for
e-Recording are listed on the e-Recording portion of the Portal and are subject to
change at the Clerk's discretion.
I. The Customer agrees to scan and submit documents in accordance with
applicable image standards for the Clerk's Official Records. Such requirements
are incorporated into the e-Recording portion of the Portal. Documents shall be
scanned and submitted in original size, portrait mode, and shall adhere to all
applicable legal standards. Documents failing to meet these requirements shall
be rejected.
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IN WITNESS WHEREOF, the parties have signed in agreement on the date first written
above.
ATTEST: CLERK OF THE CIRCUIT COURT
COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk DWIGHT E. BROCK
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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