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Agenda Item
ASR
Control 26-000084 |
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MEETING
DATE: |
03/24/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
Clerk-Recorder (Approved) |
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Department contact person(s): |
Robert
Dorrough 714-834-5119 |
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Luz
Suazo 714-834-5127 |
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Subject: Agreement with the State of
California Department of Child Support Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Consent
Calendar |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: See Financial
Impact Section |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/6/2023 #18, 3/24/2020 #1, 8/14/2018
#19, 11/10/2015 #18 |
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RECOMMENDED
ACTION(S):
Approve the Memorandum of
Understanding Agreement between Owner Counties and the State of California
Department of Child Support Services for its utilization of the County’s
co-owned Statewide Electronic Courier Universal Recording Environment
electronic recording system, effective April 20, 2026, through April 19, 2031,
with a one-year option to extend the term and authorize the Clerk-Recorder or
designee to execute it.
SUMMARY:
Approval of the Memorandum of
Understanding Agreement with the State of California Department of Child
Support Services will allow this state agency’s continued use of the Statewide
Electronic Courier Universal Recording Environment electronic recording system,
and its related Government to Government portal, co-owned by the counties of
Orange, Los Angeles, Riverside and San Diego.
BACKGROUND
INFORMATION:
On August 19, 2008, the Board of
Supervisors (Board) authorized the Orange County Clerk-Recorder
(Clerk-Recorder) to enter into a Multi-County Agreement (Agreement) with the
counties of Los Angeles, Riverside and San Diego for the shared ownership and
operation of an Electronic Recording Delivery System (ERDS), branded as the
Statewide Electronic Courier Universal Recording Environment (SECURE). On August 14, 2018, the Board approved a new
five-year agreement amongst the SECURE Owners, which extended the Agreement
term through August 18, 2023. On June
6, 2023, the Board approved a new five-year agreement amongst the SECURE
Owners, which extended the Agreement term through June 30, 2028. The contract
is being presented for Board approval less than 30 days before the effective
date due to prolonged negotiations with the California Department of Child
Support Services.
The four counties under the
Agreement are collectively referred to as owner counties (Owners), with Orange
County (County) designated as Lead County in the Agreement. The Clerk-Recorder
is responsible for maintaining the electronic recording delivery system and
network, as well as administering SECURE’s associated contracts and
initializing and training partner counties to accept documents for electronic
recording via SECURE (Partner Counties).
In addition, the Clerk-Recorder also initializes and trains authorized
users, designated as Agents and Authorized Submitters, who submit electronic
documents to the SECURE Owners and Partner Counties for recordation.
On March 24, 2020, the
Clerk-Recorder revised the existing Memoranda of Understanding (MOU) to comply
with the updates in law in early 2020.
These four MOUs relate to each of the types of parties allowed to record
electronically: Partner, Agent, Authorized Submitter and Government
Participant.
Government agencies have been
recording documents electronically since November 10, 2015, when the Board
approved the use of the Government to Government (G2G) portal derivative of
SECURE, allowing them the ability to submit documents electronically for recordation
through this portal. The Clerk-Recorder has experienced great success with this
program, adding four state agencies that include the California Department of
Tax and Fee Administration, Department of Child Support Services (DCSS), the
Employment Development Department and the State of California Franchise Tax
Board. Additionally, approximately 191 cities and local government agencies
also submit documents electronically through SECURE.
The DCSS has successfully recorded
documents through SECURE for the past ten years and desires to continue to do
so. As the DCSS’s current MOU is set to expire on April 20, 2026, the
Clerk-Recorder negotiated a new DCSS MOU, utilizing the approved Government
Participant MOU as the basis for the new Agreement, modified appropriately to
better apply to state government agencies. The Clerk-Recorder respectfully
requests the Board’s approval of this new DCSS MOU. While this contract does
not include the County’s standard insurance and indemnification provisions, it
does not pose any usual risks to the County.
Please see Attachment B, Risk Assessment or Modification of Insurance
Terms.
FINANCIAL
IMPACT:
Appropriations and revenues for
this Agreement are included in Fund 12D Clerk-Recorder Modernization-SECURE FY
2025-26 Budget for Clerk-Recorder, which is funded entirely by Clerk-Recorder
recording fees, and will be included in the budgeting process for future years.
In order to encourage participation in
electronic recording, Government agencies are not billed any fees for utilizing
the electronic recording system, and they are provided up to two authentication
tokens. If they require more
authentication tokens, they will be billed for the actual cost of the tokens,
which is currently $150. The annual maintenance cost is reimbursed through the
Owner and Partner Annual Fees, which are funded through each county by their
recording fees.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - State of California Department of Child Support Services Memorandum of
Understanding
Attachment B - Risk Assessment or Modification of Insurance Terms