ORDER NO. 25754
AF~PROVAL OF CONTRACT WITH
U. S. AUDIOTEX
On this the 8th day of Febr~_iary 1999, ~_ipon motion made by
Commissioner Let z, seconded by Commissioner Williams, the
Co~_irt unanimously approved by a vote of 3-0-0, entering into
a contract with U. S. A~_idiotex for credit card processing
services s~_ib.ject tv appr^oval by Co~_~nty Auditor and County
Treasur^er.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE PVRNISH ONE ORICJNAL AND FIVE COPI~SS OF THLS REOVEST AND DOCUMENTS
TO BE 1tEVQrVVVED BY THE COURT.
MADE BY: AyC1~r' f D r - ~ [ ~~'r'py~, s OFFICE:
MEETING DATE: 02- ~ "99 TIlVIE PREFERRID:
SUBJECT: (PLEASE BE SPECIFIC)
~Bn s r'~o{^ rn eN~ p rcthc~vm 4~ vnc%~sfa,2C?~r'ri9 rt/i~fi
l/5 Ar/e,%'OfPk ~Or CrPC~i'f" Cnne~Pro~~s$i/n9 e~~D~ CY'FC~i17~
~'ar~/ ~pQ~JManf O~ 7eives~s anc~/ -~~es,
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
ff PERSONNEL MATTER -NAME OF EMPLOYEE:
Tune for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THI5 REQUEST RECEIVED ON:
5:00 P.M. previous Monday.
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All Agenda Requests will be screened by the Coumy Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your coopeiarion will
be appreciated and comnbute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
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COMPUTERS THAT SPEAK FOR THEMSELVES
January 6, 1999
Mr. Russ Duncan
Collections Officer
KERR COUNTY COURTS
700 Main, Room CB 103A
Kerrville, TX 78028
Dear Mr. Duncan,
The following Memorandum of Understanding establishes our free credit card
processing service for you.
U S Audiotex will implement a program to provide Kerr County, at no cost to Kerr
County, an Interactive Voice Response service for credit card (Card) payment of
fines, fees, taxes and/or other obligations owed to Kerr County.
.-~ Key features of the service include:
• Settlement of Kerr County's U S Audiotex transactions to the appropriate
Card associations, Card networks and Card issuers.
• Payment to Kerr County the total face net amount of its Card transactions.
• Provision of processing services including all equipment and software for the
purpose of accepting various Cards as agreed to by both parties. U S
Audiotex shall provide for the acceptance of fines, fees, taxes and/or other
obligations owed to Kerr County.
• U S Audiotex shall provide storage and retrieval of Card transactions for a
minimum of thirty-six (36) months from the transaction date. This
responsibility shall survive the termination of the program.
• Electronic transmission of all Card transactions to the designated processing
center, in real time, as the transactions occur. The system will balance and
reconcile each day's electronically captured transactions on a daily basis.
The system will, when necessary as a result of such reconciliation, process
all appropriate adjustments.
• Clear disclosure of convenience fees to cardholders prior to completing the
Card transactions.
• Authorization code to be obtained on every Card transaction.
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Centerpoint Building • 18 Crow Canyon Court • Suite 300 • San Ramon, CA 94583
Tel. (925)838-7996 • Fax (925)838-4395 • Web Site http://www.usaudiotex.com
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It is noted that during the program, Kerr County will:
• Adhere fully to the rules and regulations of the various Card associations,
Card networks and Card issuers
• Not impose any surcharges on Cana transactions made under this proposal
letter. Convenience fees, assessed by U S Audiotex, are permitted for those
Card transactions that are processed via the system.
• Not require a cardholder, as a condition for honoring a Card, to agree in any
way to waive the cardholder's rights to dispute the transaction with the Card
issuer.
• Prior to including any Card specific logos or marks in any signs or in any
printed and broadcast materials, Kerr County will obtain written approval for
such usage from U S Audiotex.
• Establish and maintain a reasonable adjustment policy to accommodate
adjustments that are required in the normal course of Kerr County's daily
operation. Kerr County may restrict its adjustment policy, provided that a
proper disclosure of such restriction is made to cardholder at the time that the
Card transaction takes place. Proper disclosure may not include any
statement that in any way waives a cardholder's right to dispute the
transaction with the Card issuer.
.-~ Give U S Audiotex the right, at any time, to invoice Kerr County for all
incoming charge backs, or other types of returned items, that are deemed
valid and proper by any of the Card associations, Card networks, Card
issuers or any other appropriate regulatory agency. U S Audiotex will only
charge Kerr County the original amount of the Card transaction that was
originally paid to Kerr County. U S Audiotex will be responsible for the
convenience fees and any service fees related to the charged back Card
transaction, excluding Kerr County's bank fees, if any. Kerr County will pay
such invoices without delay, and never longer than thirty (30) calendar days
from the date of the invoice. This responsibility shall survive the termination
of this program.
• Be responsible for all promotion and advertising of the Card payment
program. Kerr County will print the system's telephone number on all
citations and notices.
The terms of this memorandum shall be valid for a period of thirty days and will
continue on a month to month basis until either Kerr County or U S Audiotex
provide a 30 day written cancellation notice.
U S Audiotex retains ownership of all systems and software provided during the
program.


r-~ The program should run for a minimum of six months after advertising appears
on the citations and or notices. The program will be extended as necessary until
Kerr County or U S Audiotex provides a 30 day cancellation notice.
Ken- County acknowledges that U S Audiotex will be charging a convenience fee
to users of the system. The convenience fee is electronically captured with the
customer's payment, therefore, U S Audiotex will invoice Kerr County for the
convenience fee which will be paid within 30 days and U S Audiotex will pay all
associated transaction fees on behalf of Kerr County.
We look forward to a successful program and thank you in advance for your
cooperation in accomplishing a smooth and prompt implementation.
I have enclosed an Electronic Deposit Instruction form (designating the bank
account you want payments deposited to) that needs to be completed prior to
implementation. Please complete and fax it to me at 1-800-434-4913 or call me
at 1-800-487-4567 if you have any questions.
Sincerely,
C~
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Craig White
Account Exe tive