Ordinance No. 8,705990923 -3
ORDINANCE NO. 8705
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT WITH E- COURT, INC., REGARDING PAYMENT
VIA THE. INTERNET. OF TRAFFIC TICKETS AND OTHER. FINES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a contract
with E -Court, Inc., regarding payment via the Internet of traffic tickets and other fines. A copy of
said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 23rd day of September, 1999.
e
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P, HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. Cit Attorney
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E- COURT! SUBSCRIPTION AGREEMENT
THIS AGREEMENT is effective as -of the date of acceptance set forth at the end hereof, and is
by and between E -Court, Inc., a Texas corporation ( "E- Court") and the party signing this
Agreement as the "Subscriber ",
The parties agree as follows:
1} Payment Web Site. E- Court shall maintain a Web Site accessible over the
Internet, for payment of traffic tickets and other fines ( "Fine Data"). The Web Site
shall allow a fine payor with Internet access to view relevant information about the
particular fine payable by such payor, including the Fine Data (e.g., the payor will be
able to view the basic information contained in a traffic ticket and ascertain the
amount of the fine that is payable), The Web Site shall also be equipped to accept
payment of the relevant fine by the payor, via Secured Socket Layer (SSL) encryption
and credit card or debit card charge.
2) Fine Data Procurement. The Fine Data shall be submitted to E -Court by the
Subscriber, in the format and in the manner prescribed by E -Court The Subscriber
will provide all necessary Profile Set -Up information including all offenses, charges,
fines, citations or other necessary information for the establishment of the Fine Data
on the Web Site.
3) Fine Data Access and Verification. The Fine Data shall be accessible to the
Subscriber over the Internet. E -Court skull take reasonable steps to secure
confidentiality of the Fine Data, such that the particular Fine Data relevant to a
particular fine payor shall only be available to such payor and to the Subscriber. Such
reasonable steps to secure confidentiality shall include password entry and non-
disclosure of payor identity. The Subscriber acknowledges the existence of activities
necessary to effect a successful operation on the Internet, including: (a) preparation
and reconciliation of existing records to facilitate development, (b) the following of
procedures to integrate the system into the business operation, (c) verification of data,
and (d) testing of data prior to the Internet launch. These activities are the
responsibility of the Subscriber under this agreement. F., -Court will advise the
Subscriber during the development period of specific processes required by the
Subscriber to accomplish these activities
4) Other Services. At Subscriber's request and at E- Court's standard pricing, E -Court
shall, in accordance with E- Court's standard procedures, guidelines and work
schedules, also make available to the Subscriber statistical and other information
derived from the Fine, Data ( "Statistical Information"), and subsets of the Fine Data,
as specified by the Subscriber and in forms and formats as are reasonably possible.
Travel expenses for pre - approved on -site visits will be billed directly to the
Subscriber. All other out -of- pocket expenses (if any) will be approved by the
Subscriber in advance and billed at actual cost and in accordance with the existing
practices of E -Court.
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9CNIBIT A
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5) Subscriber Membership. So long as the Subscriber is in compliance with this
Agreement, the Subscriber shall be an E -Court Member, and as a consequence thereof
shall be entitled to the following privileges regarding the Web Site, the Fine Data and
fine payments made by payors over the Web Site:
The right to submit the Subscriber's Fine Data to the Web Site.
The right to access the Fine Data submitted to the Web Site by the Subscriber.
The right to access the uniform Internet interface of the Web Site for submitting the
Fine Data to the Web Site and accessing the Fine Data of the Subscriber from the
Web Site.
On a monthly basis, in arrears, within thirty (30) days after the end of each month,
receive a standard report of the fines paid over the Web Site by fine payors.
The right to receive payment in either of the following manners as stated in and at the
time of the Profile Set Up.
a. E -Court will send payments to Baytown Municipal Court within forty -eight
(48) hours if payment is submitted by credit card, and within seventy -two (72)
hours if payment is submitted by electronic check.
b. E-Court will send notice of payment daily by fax or e-mail.
c. E -Court will send a report every 30 days of transactions for the month.
d. Baytown Municipal court will send transaction fees monthly to E -Court upon
receipt of invoice.
The subscriber shall be liable for payment of all such taxes, if applicable, however
designated, levied or based on any such payments, or on this Agreement, including
without limitation, state or local sales, use, value - added, and personal property taxes,
but excluding any tax on the net income of E- Court,
If subscriber wishes to cancel before the term expires, subscriber must give 60 days
written notice in order not to incur cosLs.
Receive standard reports published by E -Court on a periodic basis of data and
analysis from, the Web Site regarding Fine Data and payment, at no additional charge.
Training for Subscriber personnel to be conducted at Subscriber's location.
Such other rights and privileges as E -Court may determine to provide from time to
time during the term of this Agreement to Members.
6) Subscriber Memborship Fes. For establishing new r_. -Court service, the Subscriber
IS shall pay to E -Court the following amounts as stated in Exhibit A:
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Monthly fees and transaction fees will be charged on a monthly basis, commencing
on the date the Web Site is launched with the Subscriber's Fine Data.
E -Court shall collect payments received from fine payors over the Web Site and shall
Pay over to the Subscriber the amounts of such paid fines less E- Court's charges
Provided in Exhibit A.
All payments by E -Court to the Subscriber under iii. Above are exclusive of and after
deduction of any tariffs, duties or taxes imposed or levied by any govemment or
governmental agency. The Subscriber shall be liable for payment of all such taxes, if
applicable, however designated, levied or based on any such payments, or on this
Agreement, including without limitation, state or local sales, use, value -added and
Personal property tax, but excluding any tax on the net income of E -Court.
7) Term' Subject to the limitations of this Sectiom 7, and unless otherwise provided
in Exhibit A, the term of this Agreement shall conttnence as of the effective date and
shall continue for one year. The term shall thereafter be automatically extended in
separate consecutive periods of twelve months duration unless either party gives
written notice to terminate to the other party at least 60 days prior to the expiration of
the then- effective term of this Agreement_ In the event that the Subscriber fails to pay
any amount payable to E -Court hereunder, when due, or fails to comply with any
other provision of this Agreement, E -Court may terminate the Subscriber's rights
under this Agreement by written notice to that effect to the Subscriber. E-Court may
by written notice to the Subscriber terminate its obligations under this Agreement in
the event E -Court for whatever reason ceases to maintain the Wcb Site. A
termination of the Subscriber's rights under this Agreement shall not terminate any of
the parties' rights under this Agreement to receive or hold amounts rightfully owing
the respective party pursuant to the terms of this Agreement or to enforcc the
intellectual and proprietary rights in the &Court concept, Web Site, software, and
technology. Upon termination or nourenewal of this Agreement; the parties shall
each promptly account for all due but unpaid amounts hereunder. If subscriber wishes
to cancel before the term expires, subscriber must give 60 days written notice in order
not to incur cancellation costs of $0.00
LIMITATION OF WARRAIVTIE A D REMEDIES. E -COURT H'.EREBY
ACCEPTS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, OF
ANY NATURE OR X3ND WHATSOEVER, INCLUDING, WITHOUT
L'MTATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDING THE
ACCURACY OF ANY INFORMATION CONTAINED IN THE WEB SITE,
THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY
REPORTS PROVIDED TO THE SUBSCRIBER, OR ANY OTHER ASPECT
OF THE RELATIONSHIP BETWEEN E -COURT AND THE SUBSCRIBER
HEREBY CREATED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY E- CUUlt'1', ITS EMPLOYEES, AGENTS,
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® UNLESS SAME IS IN A WRITING 'SIGNED BY E -COURT WHICH
EXPRESSLY REFERS TO THIS SECTION 8 AND MODIFIES ITS
PROVISIONS. IN NO EVENT SHALL E- COURT - BE. LIABLE TO THE
SUBSCRIBER OR ANT OTHER PERSON FOR ANY LOSS OR DAMAGES,
INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, FOR TIME, MONEY OR GOODWILL, COSTS
OF -SUBSTITUTIONS. PROPERTY DAMAGES OR OTHER LOSSES, EVEN
IF E -COURT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE, ARISING FROM THE WEB SITE OR USE BY THE
SUBSCRIBER OF THE SERVICES OF E -COURT HEREUNDER OR ANY
PARTICIPATION IN THE WEB SITE AS HEREIN PROVIDED, OR FROM
ANY OTHER FACT OR CIRCUMSTANCE. IN THE EVENT THAT UNDER
ANY APPLICABLE, LAW ANY OF THE ABOVE EXCLUSIONS OF
WARRANTY OR LIABILITY ARE DISALLOWED UNDER SUCH
APPLICABLE LAW, OR IN THE EVENT E -COURT BREACHES ANY OF
ITS OBLIGATIONS UNDER THIS AGREEMENT. THE SOLE AND TOTAL
AGGREGATE LIABILITY OF E -COURT SHALL BE TO RETURN TO THE
SUBSCRIBER THE SUMS OF THE FINE PAYMENTS ACTUALLY
RECEIVED BY F COURT FROM FINE PAYORS, LESS E- COURTS
CHARGES, FOR THE PARTICULAR PERIOD FOR WHICH A LIABILITY
OR BREACH, AS THE CASE MAY BE, IS ASSERTED BY THE
SUBSCRIBER.
8) Ownership. All software, graphics, content and systems developed under this
and/or any subsequent agreements, but not including graphics or content supplied by
the Subscriber and the Susbscriber's domain name, shall remain the sole, exclusive
Property of E -Court and are protected under U.S. and international copyright laws as
published and/or unpublished works
9) ARplicable Low and Venue. This Agreement and the rights of the parties hereunder
shall be governed by, and the rights of the parties shall be interpreted in accordance
with, the laws of the State of Texas, without regard to the principles of conflict of
laws. In the event of any dispute among the parties, the Subscriber hereby agrees that
any legal action with respect to such dispute may only be instituted in Farris County,
Texas. The Subscriber shall submit and consent to the jurisdiction of any state or
federal court located within Harris County, Texas in any action, suit or proceeding
commenced therein in connection with this Agreement and hereby waives any right to
jury trial and objection to venue in connection therewith.
10) Not Assignable. The rights of the Subscriber under this Agreement are not
assignable without the prior written consent of E- Court. Any attempt to sublicense,
assign, encumber or transfer any of the rights, duties or obligations under this
Agreement by the Subscriber is void. Subject to the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the parties hereto and their respective
permitted assigns and successors.
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11) Partial Invali ft, Should any provision or clause of this Agreement be held to be
invalid, such invalidity shall not affect any other provision or clause hereof which can
be given effect without such invalid provision or clause.
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12) No Waivers. No waiver in the exercise of any power, right or remedy by E -Court
shall be deemed to be a continuing waiver or waiver of any other power, rights or
remedy. No failure or delay on the part of E -Court in the exercise of any power, right
or remedy shall be deemed to be a waiver of the power, right or remedy. The
remedies of E -Court hereunder are cumulative and the exercise of any one or more
shall not be construed as a waiver of any other.
13) Responsibility for Data. E -Court will assume responsibility for all data transfer, but
not responsible for data accuracy.
0499W.00W AUSTIN 126996 vi
[SIGNATURE TO FOLLOW)
IN WITNESS WHEREOF, the parties have executed this Agreement.
SUBSCRIBER:
City of Baytown
(Name of Subscriber)
By:
( lease sign)
Robert D. Leiper
(Please print)
Its: Acting City Manager
(Title)
ACCEPTED AND AGREED TO as of this 28 day of September , 1999.
E-COURT, INC.
By: n
its: C�O
(Title)
6
049999.0000 AUSTIN 126986 vI
EXHIBIT A
E-COURT
Austin, Texas 787
SUBSCRIBER
Name of Institution:
Mailing Address:
E-Court Fees:
PService Cost
Quantity Extended Total
E-Court!TM File Server
E-Court!TM Profile Set-Up
Monthly Access Fees
Population:
Transaction Fees $4.95 per$150 increment
on payments by electronic
check or credit card.
$1.50 for$20 or under
Total Server& Set-Up Fees:
Total Monthly Fees:
E-Court shall receive the sum of$4.95 ("E-Court's per transaction fee") paid by the offender for
each and every fine payment in the aggregate exceeding $150. Particularly, from fine payment
amounts received by E-Court, E-Court shall retain E-Court's per transaction fee for every $150
received, and shall pay over to Subscriber such fine payments received by E-Court less E-
Court's per transaction fee paid by the offender.
Term of this Agreement: 2 years (subject to extension as provided in the Agreement).
Subscriber E-Court
Contact: Contact: KI�15n SheF����
Title:
Title: AcultV1t- ��,( -1 II(
Telephone: (_) Telephone: -Ito4
Fax: (�) Fax: L�
COMPLETE EXHIBIT A FOR EACH SUBSCRIBING COURT
(Failure to complete Exhibit A in its entirety may delay receipt of E-Court services)
049999 0000 AUSTIN 126996 vI