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Backup Documents 03/24/2015 Item #16A18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP] 6 a I 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SEK SF�\ 4. BCC Office Board of County Commissioners W7 3`2Ai 5. Minutes and Records Clerk of Court's Office DrU 3 0 VS 3 5G rry PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kenneth Ko ensky,Growth Phone Number 252-2388 Contact/ Department Manageme t Department Agenda Date Item was 3/24/15 Agenda Item Number 16-A-18 Approved by the BCC Type of Document Deposit Account Agreement with Clerk of Number of Original One Attached Courts Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/24/15 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the -Z'AK BCC,all changes directed by the BCC have been made,and the document is ready fo he Chairman's signature. e,- I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A18 MEMORANDUM Date: March 27, 2015 To: Diane Etienne, Assistant Supervisor Clerk's Finance Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Deposit Account Agreement w/Clerk of Courts Attached is a certified copy of the document referenced above, (Item #16A18) approved by the Board of County Commissioners on Tuesday, March 24, 2015. The original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16A18 \`; L Collier Clerk of Courts Deposit Account - Information \�tE l'1R1~ 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(a�CollierClerk.com & Ongoing Service: Phone: (239) 252-2734 * Court e-filing requires payment through the FACC ePortal. 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. 16A18 n( ) 1 Collier Clerk of Courts Deposit Account - Agreement THIS AGREEMENT ("Agreement") shall become effective on: March 24 , 2015 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 Collier County Board of County Commissioners ("Customer") whose primary location is: 3299 E. Tamiami Trail, Suite 303 Naples, Florida 34112 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. Clerk of Courts Deposit Account Agreement—Last Revised 2-9-2015 Page 1 of'6 1 6 A 18 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 Clerk of Courts Deposit Account Agreement—Last Revised 2-9-2015 Page 2 of 6 1 6418 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. Clerk of Courts Deposit Account Agreement—Last Revised 2-9-2015 Page 3 of 6 16A18 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. Clerk of Courts Deposit Account Agreement—Last Revised 2-9-2015 Page 4 of"6 16 A 1 8 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. Clerk of Courts Deposit Account Agreement—Last Revised 2-9-2015 Page 5 of 6 16A18 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: . A . A . - Attest as to Chairmab�seputy t leek IGH . :ROCK signature only. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ---)4tC/i (171 Y '" Y Attest as to Chairman's'Deputy Ci. b - TIM NANCE, CHAIRMAN signature only. Approved as to form and legality: 4.-let"'"k Jeffrey A. Klatzkow County Attorney Page 6 of 6