ORDER NO. 31217
TEXAS ELECTRONIC FRAMEWORK STANDARD SERVICE LEVEL
AGREEMENT
Came to be heard this the 23rd day of February, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Approve the Texas Electronic Framework Standard Service Level Agreement, and
authorize the County Judge to sign same, subject to the review by the County Attorney.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THE REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY Linda Uecker
MEETING DATE:
TIME PREFERRED:
SUBJECT: (PLEASE BY SPECIFIC)
Request to approve the "Texas Electronic Framework Standard Service Level Agreement" and
authorize County Judge to sign the agreement.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Linda Uecker
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
IF PERSONNELL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted pursuant with Title
5, Chapter 551 and 552, Government Code is by 5:00 PM on the previous Tuesday of a meeting
scheduled for Mondays.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
OFFICE: District Clerk
All agenda requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. See Agenda Request Rules adopted by the Commissioners' Court.
KERR COUNTY
LOCAL RULES OF THE DISTRICT AND COUNTY COURTS
concerning the
ELECTRONIC FILING OF COURT DOCUMENTS
PART 1. GENERAL PROVISIONS
Rule 1.1 Puraose
These rules govern the electronic filing and service of court documents, in Kerr County. These
rules are adopted pursuant to Rule 3a of the Texas Rules of Civil Procedure and may be known
as the "Kerr County Local Rules of the District and County Courts Concerning the Electronic
Filing of Court Documents."
Rule 1.2 Effect on Existinst Local Rules
These rules are adopted in addition to any other local rules of the district and county courts in
Kerr County. These rules do not supersede or replace any previously adopted local rules.
Rule 1.3 Electronic Filins~ Optional Unless Ordered by Court
(a) Except as provided by subsection (b) below, the electronic filing and serving of court
documents is wholly optional.
(b) Upon the motion of a party and for good cause shown, a district and/or county court may
order the parties in a particular case to electronically file and serve court documents that are
permitted to be electronically filed under Rule 3.3.
PART 2. DEFINITIONS
Rule 2.1 Specific Terms
The following definitions apply to these rules:
(a) "Convenience fee" is a fee charged in connection with electronic filing that is in addition to
regular filing fees. A Convenience Fee charged by the District and County Clerk will be
considered as a court cost.
(b) "District clerk" means the Kerr County District Clerk
(c) "County clerk" means the Kerr County Clerk.
(d) "Digitized signature" means a graphic image of a handwritten signature
(e) "Document" means a pleading, plea, motion, application, request, exhibit, brief,
memorandum of law, paper, or other instrument in paper form or electronic form. The term
does not include court orders.
(f) "Electronic filing" is a process by which a filer files a court document with the district and/or
county clerk's office by means of an online computer transmission of the document in electronic
form. For purposes of these rules, the process does not include the filing of faxed documents
which is described as the "electronic filing of documents" in Section 51.801, Government Code.
(g) "Electronic filing service provider (EFSP)" is a business entity that provides electronic filing
services and support to its customers (filers). An attorney or law firm may act as an EFSP.
(h) "Electronic order" means a computerized, non-paper court order that a judge signs by
applying his or her digitized signature to the order. A digitized signature is a graphic image of
the judge's handwritten signature.
(i) "Electronic service" is a method of serving a document upon a party in a case by
electronically transmitting the document to that party's a-mail address.
Q) "Electronically file" means to file a document by means of electronic filing.
(k) "Electronically serve" means to serve a document by means of electronic service.
(I) "Filer" means a person who files a document, including an attorney.
(m) "Party" means a person appearing in any case or proceeding, whether represented or
appearing pro se, or an attorney of record for a party in any case or proceeding.
(n) "Regular filing fees" are those filing fees charged in connection with traditional filing as set by
state statutes.
(o) "Rules" are the Kerr County Local Rules of the District and County Courts concerning the
Electronic Filing of Documents.
(p) "Traditional court order" means a court order that is on paper.
(q) "Traditional filing" is a process by which a filer files a paper document with a clerk or a judge.
Rule 2.2 Application to Pro Se Litigants
The term "counsel" shall apply to an individual litigant in the event a party appears pro se.
PART 3. APPLICABILITY
Rule 3.1 Scope
(a) These rules apply to the filing of documents in all non-juvenile civil cases, including cases
that are appeals from lower courts, before the various district and county courts with jurisdiction
in Kerr County.
(b) These rules apply to the filing of documents in cases before the various district and county
courts referred to in paragraph (a) above that are subsequently assigned to associate judges or
any other similarjudicial authorities.
Rule 3.2 Clerks
These rules apply only to the filing of documents with the district and/or county clerk. These
rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R.
CIV. P. 74.
Rule 3.3 Documents That May Be Electronically Filed
(a) A document that can be filed in a traditional manner with the district and/or county clerk may
be electronically filed with the exception of the following documents:
i) citations or writs bearing the seal of the court;
ii) returns of citation;
iii) bonds;
iv) subpoenas;
v) proof of service of subpoenas;
vi) documents to be presented to a court in camera, solely for the purpose of obtaining a
ruling on the discoverability of such documents;
vii) documents sealed pursuant to TEX. R. CIV. P. 76a; and
viii) documents to which access is otherwise restricted by law or court order, including a
document filed in a proceeding under Chapter 33, Family Code.
(b) A motion to have a document sealed, as well as any response to such a motion, may be
electronically filed.
Rule 3.4. Documents Containing Signatures
(a) A document that is required to be verified, notarized, acknowledged, sworn to, or made
under oath may be electronically filed only as a scanned image.
(b) A document that requires the signatures of opposing parties (such as a Rule 11 agreement)
may be electronically filed only as a scanned image.
(c) Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an
electronically-filed document may be scanned and electronically filed along with the underlying
document.
(d) Where a filer has electronically filed a scanned image under this rule, a court may require
the filer to properly file the document in a traditional manner with the district and/or county clerk.
A third party may request the court in which the matter is pending to allow inspection of a
document maintained by the filer.
PART 4. FILING MECHANICS
Rute 4.1 TexasOnline
(a) Texas Online is a project of the Department of Information Resources Board, a state entity
charged with establishing a common electronic infrastructure through which state agencies and
local governments may electronically send and receive documents and required payments.
(b) To become registered to electronically file documents, filers must follow registration
procedures outlined by TexasOnline. The procedure can be accessed from TexasOnline's
website at "www.texasonline.com."
(c) Filers do not electronically file documents directly with the district clerk and /or county clerk.
Rather, filers indirectly file a document with the district and/or county clerk by electronically
transmitting the document to an electronic filing service provider (EFSP) which then
electronically transmits the document to TexasOnline which then electronically transmits the
document to the district and/or county clerk. A fifer filing or serving a document must have a
valid account with an EFSP and with TexasOnline
(d) Consistent with standards promulgated by the Judicial Committee on Information
Technology (JCIT), TexasOnline will specify the permissible formats for documents that will be
electronically filed and electronically served.
(e) Filers who electronically file documents will pay regular filing fees to the district and/or
county clerk indirectly through TexasOnline by a method set forth by TexasOnline.
(f) An EFSP may charge filers a convenience fee to electronically file documents. This fee will
be in addition to regular filing fees.
(g) TexasOnline will charge filers a convenience fee to electronically file documents. This fee
will be in addition to regular filing fees and will be in an amount not to exceed the amount
approved by the Department of Information Resources Board.
(h) The district and/or county clerk may charge filers a convenience fee to electronically file
documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Rule 4.2 Signatures
(a) Upon completion of the initial registration procedures, each filer will be issued a confidential
and unique electronic identifier. Each filer must use his or her identifier in order to electronically
file documents. Use of the identifier to electronically file documents constitutes a "digital
signature" on the particular document.
(b) The attachment of a digital signature on an electronically-filed document is deemed to
constitute a signature on the document for purposes of signature requirements imposed by the
Texas Rules of Civil Procedure or any other law. The person whose name appears first in the
signature block of an initial pleading is deemed to be the attorney in charge for the purposes of
Texas Rules of Civil Procedure 8, unless otherwise designated. The digital signature on any
document filed is deemed to be the signature of the attorney whose name appears first in the
signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.
(c) A digital signature on an electronically-filed document is deemed to constitute a signature by
the filer for the purpose of authorizing the payment of document filing fees.
Rule 4.3 Time Document is Filed
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per
day each and every day of the year, except during brief periods of state-approved scheduled
maintenance which will usually occur in the early hours of Sunday morning.
(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to
have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed
to be filed. If a document is electronically transmitted to the filer's EFSP and is electronically
transmitted on or before the last day for filing the same, the document, if received by the clerk
not more than ten days tardily, shall be filed by the clerk and deemed filed in time. A
transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time
of transmission.
(c) On receipt of a filer's document, the filer's EFSP must send the document to Texas Online in
the required electronic file format along with an indication of the time the filer sent the document
to the EFSP and the filer's payment information. TexasOnline will electronically transmit to the
filer an "acknowledgment" that the document has been received by TexasOnline. The
acknowledgment will note the date and time that the electronically-transmitted document was
received by TexasOnline.
(d) Upon receiving a document from a filer's EFSP, TexasOnline shall electronically transmit the
document to the district and/or county clerk. If the document was not properly formatted, Texas
Online will transmit a warning to the filer's EFSP.
(e) Not later than the first business day after receiving a document from TexasOnline, the district
and/or county clerk shall decide whether the document will be accepted for filing. The district
and/or county clerk shall accept the document for filing provided that the document is not
misdirected and complies with all filing requirements. The district and/or county clerk shall
handle electronically-transmitted documents that are filed in connection with an affidavit of
inability to afford court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to
accept or reject a document within the time period, the document is deemed to have been
accepted and filed.
(f) If the document is accepted for filing, the district and/or county clerk shall note the date and
time of filing which, with the exception of subsection (h) below, shall be the date and time that
the filer transmitted the document to the filer's EFSP. The district and/or county clerk shall
inform TexasOnline of its action the same day action is taken. TexasOnline shall, on that same
day, electronically transmit to the filer's EFSP a "confirmation" that the document has been
accepted for filing by the district and/or county clerk. The EFSP will electronically transmit the
confirmation to the filer. This confirmation will include an electronically "file-marked" copy of the
front page of the document showing the date and time the district and/or county clerk considers
the document to have been filed.
(g) If the document is not accepted for filing, the district and/or county clerk shall inform
TexasOnline of its action, and the reason for such action, the same day action is taken.
TexasOnline shall, on that same day, electronically transmit to the filer's EFSP an "alert" that the
document was not accepted along with the reason the document was not accepted. The EFSP
will electronically transmit the alert to the filer.
(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress
proceedings, documents that serve to commence a civil suit will not be deemed to have been
filed on Sunday when the document is electronically transmitted to the filer's EFSP,
TexasOnline, or the Clerk on Sunday. Such documents will be deemed to have been filed on
the succeeding Monday.
Rule 4.4 Filing Deadlines Not Altered
The electronic filing of a document does not alter any filing deadlines.
Rule 4.5 Multiple Documents
(a) Except as provided by subsection (b) below, a filer may include only one document in an
electronic transmission to TexasOnline.
(b) A filer may electronically transmit a document to TexasOnline that includes another
document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Rule 4.6 Official Document
(a) The district and/or county clerk's file for a particular case may contain a combination of
electronically-filed documents and traditionally-filed documents.
(b) The district and/or county clerk may maintain and make available electronically-filed
documents in any manner allowed by law.
Rule 4.7 E-mail Address Required
In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include
an a-mail address on any electronically-filed document.
Rule 4.8 Document Format
(a) Electronically-filed documents must be computer-formatted as specified by TexasOnline.
Electronically-filed documents must also be formatted for printing on 8 '/2-inch by 11-inch paper.
(b) An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45.
PART 5. SERVICE OF DOCUMENTS OTHER THAN CITATION
Rule 5.1 Electronic Service of Documents Permissible
(a) In addition to the methods of serving documents (other than the citation to be served upon
the filing of a cause of action) set forth in TEX. R. CIV. P. 21 a, a filer may serve documents
upon another party in the case by electronically transmitting the document to that party at the
party's email address. Service in such a manner is known as "electronic service," and is
permissible in the circumstances set out in paragraph (b) below.
(b) Documents may be electronically served upon a party only where that party has agreed to
receive electronic service or where the court has ordered the parties to electronically serve
documents.
(c) By virtue of electronically filing a document or serving a document or by agreeing to accept
service, a filer additionally agrees to provide information regarding any change in his or her e-
mail address to TexasOnline, the district and/or county clerk, and all parties in the case.
(d) A party who electronically files a document is not required to electronically serve documents
upon other parties unless the court has ordered the parties to electronically serve documents.
(e) A filer may electronically serve a document in instances where the document is traditionally
filed as well as in instances where the document is electronically filed.
Rule 5.2 Completion of Service and Date of Service
(a) Electronic service shall be complete upon transmission of the document by the filer to the
party at the party's a-mail address.
(b) Except as provided by subsection (c) below, the date of service shall be the date the
electronic service is complete.
(c) When electronic service is complete after 5:00 p.m. (recipient's time), then the date of
service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Rule 5.3 Time for Action After Service
Whenever a party has the right or is required to do some act within a prescribed period of time
after service of a document upon the party and that document is electronically served, then
three days shall be added to the prescribed period of time.
Rule 5.4 Certification of Service
(a) Documents to be electronically served upon another party shall be served before the time or
at the same time that the document is filed.
(b) A filer who electronically serves a document upon another party shall make a written
certification of such service that shall accompany the document when that document is filed.
The written certification shall include, in addition to any other requirements imposed by the
Texas Rules of Civil Procedure, the following:
(i) the filer's a-mail address or telecopier (facsimile machine) number;
(ii) the recipient's a-mail address;
(iii) the date and time of electronic service; and
(iv) a statement that the document was electronically served and that the electronic
transmission was reported as complete.
PART 6. ELECTRONIC ORDERS AND VIEWING OF ELECTRONICALLY-FILED
DOCUMENTS
Rule 6.1 Courts Authorized to Make Electronic Orders
(a) A judge may electronically sign an order by applying his or her digitized signature to the
order. Judges are not required to electronically sign orders.
(b) Upon electronically signing an order, the judge shall electronically forward the order to the
district and/or county clerk who may treat the electronic order as the official copy of the order.
Alternatively, the district and/or county clerk may print the electronic order and treat the printed
order as the official copy of the order.
(c) The district and/or county clerk may electronically scan a traditional court order. The
scanned court order may then serve as the official copy of the court order. The district and/or
county clerk is not required to electronically scan traditional court orders in order to create
official electronic court orders. Electronic scanning of traditional court orders is at the option of
the district and/or county clerk.
Rule 6.2 Viewino of Electronically-filed Documents
(a) The district and/or county clerk shall ensure that all the records of the court, except those
made confidential or privileged by law or statute, may be viewed in some format by all persons
for free.
(b) Independent of the TexasOnline system and the requirement of viewing access described in
subsection (a), the district and/or county clerk may choose to provide for both filers and the
general public to electronically view documents or court orders that have been electronically
filed or scanned. Where such provision has been made, persons may electronically view
documents or court orders that have been electronically filed or scanned.
(c) Nothing in this rule allows for the viewing of documents or court orders, in any form, that are
legally confidential (e.g., papers in mental health proceedings) or otherwise restricted by judicial
rule or order.
PART 7. MISCELLANEOUS PROVISIONS
Rule 7.1 Assigned Court to Resolve Disputes
In the event a dispute should arise involving the application of these rules or various electronic
filing issues, a district and/or county court assigned in accordance with local assignment
procedures shall decide any dispute.
Rule 7.2. Rule Guiding Interpretation.
These rules shall be liberally construed so as to avoid undue prejudice to any person on
account of using the electronic filing system or sending or receiving electronic service in good
faith.
ADOPTION OF RULES
The foregoing "Kerr County Local Rules of the District and County Courts concerning the
Electronic Filing of Documents" are hereby adopted y the undersigned district and county
ud es in Kerr Count on this the '
J 9 Y ~ day of .1 t% r ~~~, ~ ~ s ,~.~ ~,, 2009 and submitted
to the Supreme Court of Texas for approval. These rules shall becomew~ffective upon their
approval by the Supreme11Court of Texas.
~__
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Z~,~~l~l Z-~.__,
._ -
Judge, 1981 Judicial District Court
~~ ,
>{ i 0 s. ~ i,~----
Judge, 2161 Judicial CSistrict Court
J dge, Coun y ou at Law
__
`f -- Judgs; unty Court
TEXAS ELECTRONIC FRAMEWORK
STANDARD SERVICE LEVEL AGREEMENT
This Service Level Agreement (this "Agreement") is between BearingPoint, Inc.
("BearingPoint") and Kerr County ("Government Entity"), a local government entity within the
State of Texas. BearingPoint and Government Entity may be referred to each as a "Party", or
collectively as "Parties", herein.
WHEREAS, the Texas Electronic Framework ("TEF") is a framework constructed pursuant
to the Texas Electronic Framework Agreement, as renewed and amended (hereinafter called the
"Master Contract") between the Texas Department of Information Resources (DIR) and KPMG
Consulting L.L.C.(predecessor-in-interest to BearingPoint").
WHEREAS, "TexasOnline" is the name of the primary Web site for TEF and for hosted
applications of state agencies and local governments electing to use the hosting services.
WHEREAS, "Electronic Payment" or "ePay" is the name of the Payment Services and Web
site that is used by Texas Online participants for e-commerce transactions.
WHEREAS, this Agreement applies to BearingPoint providing eFiling services on
TexasOnline (the "Services") to Government Entity.
THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree to the following.
1. Master Contract
The Parties acknowledge and agree that the terms and conditions of the Master Contract
applicable to Government Entities, as well as specific sections of the Master Contract referenced in
this Agreement, are incorporated herein by this reference and shall apply with full force and effect to
the provision of Services under this Agreement by BearingPoint to Government Entity. No other
terms of trio Master Contract shall apply to the provision of the Services hereunder as between
BearingPoint and Government Entity. Capitalized terms not defined herein shall have the same
meaning ascribed to them as in the Master Contract.
2. Authority Approval
Government Entity acknowledges that in order for BearingPoint to provide Services pursuant
to this Agreement, the Department of Information Resources Board (``Board") must approve placing
at least one of Government Entity's applications for inclusion on TexasOnline. A list of available
applications using Services under this agreement is included in Exhibit A -Applications, Services
and Fee Schedules.
3. Privacy and Security
Section IX, Privacy and Security, of the Master Contract is incorporated herein by reference;
BearingPoint's obligations set forth in Section IX of the Master Agreement shall apply with respect
to Government Entity.
4. Government Entity Security
BearingPoint will not be liable for issues caused by Government entity's failure to secure
software, hardware, and data or failure to comply with the state mandated policies and procedures.
5. Services
All Services to be provided by BearingPoint to Government Entity under this Agreement are
set out in Exhibit A.
6. Limited Warranty by BearingPoint
BEARINGPOINT WARRANTS THAT ALL SERVICES PERFORMED UNDER
THIS AGREEMENT SHALL BE PERFORMED IN A GOOD AND WORKMANLIKE
MANNER. GOVERNMENT ENTITY SHALL PROVIDE WRITTEN NOTICE OF ANY
SERVICE WHICH IT BELIEVES IS NOT PERFORMED IN A GOOD AND
WORKMANLIKE MANNER. BEARINGPOINT SHALL REPERFORM ANY SERVICES
WHICH ARE DETERMINED TO NOT HAVE BEEN PERFORMED IN A GOOD AND
WORKMANLIKE MANNER. BEARINGPOINT DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
7. Fees
For the Services to be provided to the Government Entity as outlined in Exhibit A,
BearingPoint is entitled to the fees set out in Exhibit A. The convenience fee amounts will be clearly
stated to the user. Users will give explicit confirmation that they have agreed to pay the fees. No
fecs are due to BearingPoint by the Government Entity.
8. Modifications to Fees and Services
This agreement can be modified for the addition of both Services and fees based on mutual
agreement in writing of BearingPoint and Government Entity.
9. Government Entity Obligations
91. Government Entity shall provide a contact number for the application(s) on an 8:00 a.m. - 5 :00
p.m. CT basis to receive 1St and 2"d level inquiries received by the Customer Information Center.
9.2.Government Entity and BearingPoint agree to cooperate in performance of their obligations
under this Agreement.
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9.3. Government Entity and BearingPoint agree that they shall comply with the privacy statements,
which are displayed on the TexasOnline site, and with all applicable laws related to information
received from or distributed to individuals using the Services.
9.4. Government Entity shall provide access to information and systems as BearingPoint deems
necessary to assist BearingPoint in performing its obligations hereunder.
9.5. No later than 60 days prior to implementation, the Government Entity must provide to
BearingPoint banking information for all required financial accounts including, but not limited to:
• Government Entity Financial Contact Name
• Government Entity Financial Mailing Address
• Government Entity Financial Contact Title
• Government Entity Financial Contact Telephone Number
• Government Entity Financial Contact email Address
• Government Entity Bank Name(s)
• Government Entity ABA Number(s)
• Government Entity Bank Account Number(s)
• Government Entity Bank Contact Name
• Government Entity Bank Contact Phone Number
• Government Entity Bank Address
• Voided Check or Bank Letter on Government Entity's Bank's Letterhead
The required information is subject to change according to what is necessary to correctly process
fees and disburse payments to the Government Entity. BearingPoint shall maintain such banking
information confidential and in a secure location and shall not utilize the information for any
purposes whatsoever, other than consistent with the terms of this Agreement.
9.6. Government Entity shall at all times be responsible for the back-up and preservation of any data
within Government Entity's control which does not reside on TexasOnline Web site or electronic
payment Web site.
9.7. Government Entity shall notify BearingPoint within 4 hours that the Government Entity's
system is down or otherwise unable to electronically receive documents ifthe failure occurs Monday
through Friday 8:00 AM unti15:00 PM. If the failure occurs at any other time notifications shall be
made the next business day within four hours.
9.8. Proposals for new applications and services may be developed by either BearingPoint or
Government Entity and submitted to the Board for approval and inclusion for TexasOnline.
Government Entity acknowledges that developing new applications and services is essential to
TexasOnline becoming and remaining successfi~l.
9.9. Government Entity shall check and accept or reject all filings at least once during hours of
operation.
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9.10. Government Entity shall accept and use additional eFiling functionality and new document
types as is available from TexasOnline.
9.11. Govermment Entity is responsible to test the functionality and performance of all Government
Entity produced and maintained applications and interfaces to TexasOnline. Notwithstanding
anything to the contrary in this Agreement, both parties agree to one forty-five (45) day initial Pilot
Phase beginning on inception of service during which time Government Entity will evaluate the
Services and test for performance and reliability of Service toward its purpose as understood by both
parties. If the Government Entity is dissatisfied as to the performance of the Services during the
initial Pilot Phase, BearingPoint shall have thirty (30) days from receipt of notice of Government
Entity's dissatisfaction to make changes as necessary, to the satisfaction of the Government Entity.
9.12. Government Entity is responsible to perform user acceptance testing of the TexasOnline
eFiling Services and enhancements.
9.13. Government Entity is responsible to train staff on profile, intake functions and financial
reconciliation functions related to the Services.
9.14. Government Entity accepts the responsibility to maintain an accurate profile as required with
respect to the Services, including an accurate fee schedule. Government entity agrees to accept any
filing and fee that is calculated from information provided in the clerk or court maintained profile.
Any conflict that arises due to the failure of the Government Entity to provide accurate profile
information, including accurate fee information is the sole responsibility of the Government Entity.
9.15. Government Entity shall provide a hyperlink to the TexasOnline home page from the
Government Entity's home page as well as display the TexasOnline logo on the Government
Entity's home page. Government Entity will maintain the hyperlink to TexasOnline and make
appropriate changes in the URL as requested by TexasOnline.
9.16. Government Entity shall support BearingPoint efforts to upgrade the TexasOnline
environment Operating System, Application Server Software, Web Server Software, and Hardware
on Government Entity environments, as hosted by BearingPoint.
9.17. Government Entity is responsible for any reasonable costs related. to the development of an
automated interface application that would process data available from eFiling into Government
Entity Systems, subject to prior written approval by Government Entity.
9.18 In the event the Government Entity publishes information about the Services available that
are hosted by TexasOnline, then the following language shall also appear: "In affiliation with
www.TexasOnline.com."
9.19 Gnvernmont Entity shall he responsible for receipt (when the filing is available for access nn
the TexasOnline browser) ~f any filings made nn Texasnnline.
9.20 If Government Entity chooses to charge a convenience fee then Government Entity must give
BearingPoint sixty (60) days prior written notice of the fee or change in the fee. BearingPoint will
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submit fee change requests to the Department of Information Resources Board for approval. If
approved, such fee changes will be implemented thirty (30) days from approval.
9.21 Not later than 30 calendar days after the effective date of this agreement, Goven~ment Entity
shall provide BearingPoint with historical filing statistics in those courts in order to enable
BearingPoint to increase the use of electronic filing and electronic service. The statistics shall
include, for the preceding 12-month period., the names of each attorney who has filed documents in
the specified courts, the total number of documents filed by the attorney, the attorney's firm name,
and the attorney's full mailing address and phone number. Government Entity shall provide the
information in electronic format.
10. Performance and Availability
BearingPoint will provide the Services at the following service levels (the "Service Level(s)"
or "SLA(B)"). BearingPoint will provide page loading time to the user (measured at the Web server)
on an average of 5 seconds. Page loading performance will be measured by opening respective
pages through a browser at a Web server located at the site hosting the pages. Pages containing
specialized content, specifically those containing eFiling documents, are not exempted from the
average page loading time commitment. Submission of the filing by the filer is exempted from the
average page loading time commitment.
BearingPoint will provide up-time and availability of the TexasOnline network and
Electronic Payment System of 99.5%. This Service Level will be measured monthly. The following
will not be included in BearingPoint's up-time and availability computation:
1) Scheduled and planned outages for the purpose of upgrades or maintenance. All
outages will be scheduled with a minimum of 72 hours of advance notice to the
Department of Information Resources, and shall occur only during non-peak hours
unless otherwise agreed by the Parties. If less than 72 hours notice is provided or the
Department of Information Resources does not approve the upgrade or maintenance
period (provided such approval is not unreasonably withheld), it will be considered
down-time for the purpose of this SLA. Upon receipt of DIR approval, BearingPoint
will notify Government Entity of all scheduled and planned outages.
2) Government Entity may at its own discretion request an outage with respect to
Services, which will not be considered down-time for the purpose of this SLA.
3) Any Framework systems or components that are not owned, controlled or contracted
by BearingPoint that fail and result in an outage, will not be down-time for the
purpose of this SLA, unless the cause of the failure can be shown to have been a
result of BearingPoint's negligence or malfeasance.
4) Service outages caused by Government Entity application code failure or failure of
Government Entity maintained portions of the application or infrastructure.
5) Any downtime that exists as a result of a Government Entity network infrastructure
failure will not be considered downtime for the purposes of this SLA.
5
6) BearingPoint reserves the right to restrict the size of eh'iling attached documents in
order to preserve performance commitments.
7) If for any reason, TexasOnline or BearingPoint are unable to electronically transmit a
document to the Government Entity, then BearingPoint will deliver the document to
the Government Entity in some other manner by 5 p.m. on the first business day
following receipt of confirmation from Government Entity of the failure to
electronically receive or transmit the documents.
11. Effective Date; Renewal
This Agreement is effective upon execution by representatives of BearingPoint and
Government Entity and expires three years after execution of the contract. Thereafter, the agreement
shall renew automatically for one year increments, unless either party gives ninety-days written
notice that it is terminating the Agreement. Termination of the Master Agreement will not
terminate this Agreement unless both parties agree to such termination.
Government Entity agrees and acknowledges that the terms of the Master Contract related to
force majeure, confidentiality, and limitations on damages are hereby incorporated by this reference
and shall apply to this Agreement, and Government Entity shall be bound by the responsibilities for
any governmental unit within the State of Texas with regard to such provisions.
Any terms contained in this Agreement, which conflict with or are in violation of Texas law,
are void regardless of whether Government Entity accepts such terms or is deemed to have accepted.
such terms.
12. General Terms
12.1. No Waiver. No provision of this agreement will constitute or be construed as a waiver of
any of the privileges, rights, defenses, remedies, or immunities available to Government Entity, as a
local government entity within the State of Texas, or otherwise available to Government Entity. The
failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or
immunities available to either party will not constitute a waiver of said privileges, rights, defenses,
remedies, or immunities or be considered as a basis for estoppel.
12.2. Entire Agreement; Conflicts. Except as expressly provided otherwise herein, this
Agreement will represent the entire agreement by and between Government Entity and BearingPoint
regarding the subject matter of this Agreement. This Agreement may not be changed or amended
except by the mutual written agreement of the parties. In the event of conflict between the terms and
conditions of this Agreement and the terms and conditions of the Master Contract, the terms and
conditions of this Agreement shall govern.
12.3. Applicable Law. This Agreement shall be construed and governed. by the laws of the State
of Texas. Venue shall be in Kerr County, Texas.
12.4. Severability. If one or more provisions of this Agreement, or the application of any
provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the
6
remainder of this Agreement and the application of the provision to other parties or circumstances
shall remain valid and in full force and effect.
12.5. Amendments. This Agreement may be amended only upon written agreement between
Government Entity and BearingPoint, but in no case will this Agreement be amended so as to make
it conflict with the laws of the State of Texas.
12.6. Assignments. Neither Government Entity nor BearingPoint may assign or transfer this
Agreement without the written consent of the other, which consent will not be unreasonably
withheld, except that upon written notice to Government Entity, BearingPoint may assign this
Agreement without Government Entity's consent to any entity that BearingPoint controls, is
controlled by, or is under common control with, (provided such entity is adequately capitalized) or to
any entity which acquires or succeeds to all or substantially all of the business or assets of
BearingPoint whether by consolidation, merger, sale or otherwise (such as a spin-off of
BearingPoint).
12.7. Partially Completed Work. Section IV. Ownership of Intellectual Property;
Indemnification in the Master Contract is incorporated herein by reference and shall apply to work
product created by BearingPoint pursuant to this Agreement
12.8. Independent Contractor. BearingPoint shall serve as an independent contractor in
providing Services under this Agreement. BearingPoint's employees are not and shall not be
construed as employees of Government Entity.
12.9. Limitation on Authority; No Other Obligations. BearingPoint shall have no authority to
act for or on behalf of Government Entity except as provided for in this Agreement and the Master
Contract; no other authority, power or use is granted or implied. BearingPoint may not incur any
debts, obligations, expenses, or liabilities of any kind on behalf of Government Entity other than
those incurred in performance of this Agreement and the Master Contract.
12.10. Supporting Documents; Inspection of Records. Section XIII. Right to Audit of the Master
Contract is incorporated herein by this reference. BearingPoint's obligations set forth in Section
XIII of the Master Agreement shall also apply with respect to Government Entity. In addition to the
requirements of Section XIII. Right to Audit of the Master Contract, BearingPoint shall maintain and
retain supporting fiscal documents adequate to ensure that claims for Agreement funds are in
accordance with applicable State of Texas requirements. These supporting fiscal documents shall be
maintained. and retained by BearingPoint for a period of two (2) years after the date of submission of
the final invoices.
12.11. No Conflicts. BearingPoint represents and warrants that BearingPoint, to the best of its
knowledge, has no actual or potential conflicts of interest in providing Services to Government
Entity under this Agreement and that BearingPoint's provision of Services under this Agreement to
the best of its knowledge would not reasonably crcatc an appcarancc of impropriety.
12.12. Financial Interests; Gifts. BearingPoint represents and warrants that neither BearingPoint
nor any person or entity, which will participate financially in this Agreement, has received
compensation. from Government Entity for participation in preparation of specifications for this
Agreement. BearingPoint represents and warrants that it has not given, offered to give, and does not
7
intend to give at any time hereafter, any economic opportunity, future employment, gift, loan.
gratuity, special discount, trip, favor or service to any public servant or employee in connection with
this Agreement..
BearingPoint is subject to audit by Government Entity during the term of this contract and within
two years of the termination of this contract, and thereafter as provided by law, to determine that
Services were proper and the billings were correct.
12.15 Notices. All notices permitted or required under this Agreement will be in writing and will be
by personal delivery, a nationally recognised overnight courier service, facsimile transmission or
certified or registered mail, return receipt requested. Notices will be deemed given upon the earlier
of actual receipt or one (1) day after deposit with. the courier service, receipt by sender of
confirmation of electronic transmission or five (5) days after deposit with the U.S. Postal Service.
Notices will be sent to the addresses listed below, or to such other address as either Party may
specify in writing.
if to BearingPoint:
BEARINGPOINT
Attention: Gary Miglicco
301 Congress Ave., Suite 1500
Austin, Texas 78701
with a copy to:
BEARINGPOINT
Attention: Office of General Counsel
1676 International Drive
McLean, Virginia 22102
If to Government Entity:
County Judge
Kerr County
Texas 7
With a copy to:
13. Separate Deposit Accounts; Losses. Any fees specifically related to a legal filing and
corresponding services including but not limited to citation, service ofprocess and copy charges, are
transferred via ACH to the appropriate Government Entity financial account(s) by the credit card or
ACH processor upon fund capture. BearingPoint is responsible for normal processing fees
associated with these accounts; however, Government Entity agrees that it shall be liable for any
refunds, chargebacks, and additional fees or expenses associated with this payment collection.
8
14. Termination.
14.1 In the event that either party fails to carry out or comply with any of the material terms and
conditions of this Agreement, the other party may notify the breaching party of such failure or
default in writing and demand that the failure or default be remedied within thirty (30) days. In
the event that the breaching party fails to remedy such failure or default within thirty (30) days of
receiving written notice, the other party shall have the right to cancel this Agreement upon thirty
(30) days written notice. Notwithstanding the foregoing, Government Entity shall not have the
right to cancel this Agreement if BearingPoint's failure or inability to comply with the terms and
conditions of this Agreement is caused by or arises from, in whole or in part, the refusal or
inability, for whatever reason, of Government Entity to provide the support and assistance that
BearingPoint requires from Government Entity to perform its obligations under this Agreement,
and which Government Entity previously agreed to provide to BearingPoint. 1f Government
Entity does not provide BearingPoint with the requisite level or amount of support, for whatever
reason, BearingPoint will, upon receipt of the Authority's approval, be entitled, but not
obligated, to suspend or cancel any further work on the particular Services for which adequate
support is not available, and focus its efforts on other Services.
14.2 Either BearingPoint or Government Entity may terminate this Agreement without cause at
any time upon ninety (90) days prior written notice.
14.3 Government Entity may elect to continue to utilize BearingPoint's Services under this
Agreement even if the Master Contract expires or terminates.
15. Indemnification and Release of Liability
BearingPoint will indemnify, defend and hold harmless Government Entity against any action or
claim brought against the Government Entity to the extent that it is based upon a claim that the
Software infringes any U.S. patent rights, or incorporates any misappropriated trade secrets (a
"Claim"). BearingPoint will pay any damages attributable to such Claim that are awarded against
the Government Entity in a judgment or settlement approved in advance by BearingPoint provided
that the Government Entity: (i) promptly notifies BearingPoint in writing of the Claim; (ii) grants
BearingPoint sole control of the defense and settlement of the claims through the Government
Entity; and (iii) provides BearingPoint with all reasonable assistance, information, and authority
required for the defense and settlement of the Claim.. If Government Entity's use of any of the
Software hereunder becomes subject to a Claim, or in BearingPoint's opinion is likely to become
subject to a Claim, BearingPoint may, at its sole option and expense; (i) procure for Government
Entity the right to continue using the Software under the terms of this Agreement; (ii) replace or
modify such Software so that it is non-infringing; or if options (i) and (ii) above cannot be
accomplished despite BearingPoint's good faith efforts, then BearingPoint may terminate this
Agreement by complying with the notice requirements in V. (b) of the Master Contract, and the
continued operation requirements of paragraph XI. (a) of the Master Contract to the extent that it can
continue to be operated or maintained without further infringement.
THE PROVISIONS OF THIS PARAGRAPH 15 SET FORTH BEARINGPOINT'S SOLE
AND EXCLUSIVE OBLIGATIONS, AND THE GOVERNMENT ENTITY'S SOLE AND
9
EXCLUSIVE REMEDIES, WITH RESPECT TO ANY CLAIMS OF INFRINGEMENT OR
MISAPPROPRIATION OF U.S. PATENT RIGHTS, U.S. COPYRIGHT RIGHTS, OR
TRADE SECRET RIGHTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT
BEARINGPOINT'S OBLIGATION TO INDEMNIFY THE GOVERNMENT ENTITY
UNDER THIS PARAGRAPH DOES NOT APPLY TO CLAIMS OF INFRINGEMENT OF
FOREIGN INTELLECTUAL PROPERTY RIGHTS.
BEARINGPOINT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF
ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR
LOSS OF UA'TA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED '1'O
THIS AGREEMENT OR THE RIGHTS PROVIDED HEREUNDER SUFFERED BY
GOVERNMENT ENTITY OR BY ANY ASSIGNEE OR OTHER TRANSFEREE OF, OR
THIRD PARTY CLAIMING RIGHTS DERIVED FROM GOVERNMENT ENTITY, EVEN
IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
BEARINGPOINT's TOTAL LIABILITY HEREUNDER SHALL NOT EXCEED THE NET
REVENUES ALLOCATED TO BEARINGPOINT UNDER THIS AGREEMENT IN THE
TWELVE MONTHS PRECEDING ANY CLAIM. THIS LIMITATION SHALL NOT
APPLY TO: (1) ANY MONETARY PENALTIES SPECIFIED IN THIS AGREEMENT,
PROVIDED THE AMOUNT OF MONETARY PENALTIES HEREUNDER SHALL NOT
EXCEED $10,000 PER INCIDENT OR $100,000 PER GOVERNMENT ENTITY FISCAL
YEAR; OR (2) INTELLECTUAL PROPERTY INDEMNIFICATION DESCRIBED IN
PARAGRAPH 15 OF THIS AGREEMENT, PROVIDED THE AMOUNT OF
BEARINGPOINT'S COSTS RELATED TO SUCH INDEMNIFICATION SHALL NOT
EXCEED $250,000.00, THE PARTIES AGREE AND ACKNOWLEDGE THAT THIS
LIMITATION OF DAMAGES IS A FREELY BARGAINED FOR ALLOCATION OF RISK.
16. Dispute Resolution
If a dispute seeking money damages is identified by Government Entity or BearingPoint,
dispute resolution will follow the procedures outlined in Section XVII ofthe Master Contract (which
is incorporated herein by this reference), which references Chapter 2260 ofthe Texas Government
Code. Any issue that is not resolved in a timely manner may be taken to the Authority for resolution
by either Party.
AGREED AND ACCEPTED:
BearingPoint, Inc.: County:
By:
Name
By:~ ~
Name.
Title: County Judge, Kerr County
Date:
Gary Miglicco
Title: Vice President
Date:
Attest:
10
Exhibit A -Applications, Services and Fee Schedules
List of Bearin~Point Application(s) Supported in Association with the Services
1. Electronic Filing Manager (EFM) Application
a. Court Intake Application
b. Court Profile
c. Court Registration
d. Filer Registration
e. Payment Services
2. Standard XML Interface
List of Services Provided Under Agreement
1. Electronic Payments System Credit Card Authorization Services/Settlement Services
a. BearingPoint will provide authorization and settlement transaction services for credit cards.
Visa and MasterCard transactions will be processed and settled by the credit card processor
through the Goverrunent Entity Merchant Agreement.
b. The processor will transfer all eFiling funds to the appropriate Government Entity bank
account based on agreements between the processor and the State. BearingPoint is not
responsible for actual fund transfers. The processor will transfer all EFM convenience fee
funds to a BearingPoint bank account.
2. Electronic Payments Chargeback Services
a. BearingPoint will develop and provide the procedures for Government Entity to follow to
process chargebacks for applicable credit card transactions should they occur.
3. Filing Purge Services
a. Government Entity will check and accept or reject all filings on at least a daily basis.
BearingPoint F~~ill purge all filings 10 days after the Government Entity acts on the filing by
accepting or rejecting the filing. All filings will be purged not later than 30 days after they
are submitted by the filer.
4. Customer Information Center Services for Government Entity applications
a. BearingPoint will provide first level customer support for the Government Entity
applications through. the TexasOnline CIC. First level support includes responding to phone
calls and email requests for assistance in using the application. Questions that cannot be
answered by a first level technician will be forwarded either to the Government Entity
contact or level two support for resolution.
b. Alive, call center operation will handle user phone calls 7:00 am to 7:00 p.m. CT daily, 7
days a week. However, future alterations to these times and days may occur periodically
throughout the term of this Agreement if BearingPoint determines that peak usage of the
Framework is at times other than those described above.
c. First and second-level support is limited to technical support regarding the TexasOnline
network or availability and application functionality. Government Entity business questions
or filing rules, as they pertain to eFiling, are the responsibility of the Government Entity.
Questions that require Government Entity response will be forwarded to the Government
Entity contact for resolution. The customer will be referred appropriately.
5. Customer Information Center Services for Electronic Payments transaction services
a. BearingPoint will provide first -third level customer support through the TexasOnline CIC
for the Payment transactions processed through the Electronic Payments system. First level
support includes responding to phone calls and email requests for assistance in using the
application. Questions that require Government Entity response will be forwarded to the
Government Entity contact for resolution. Questions that require the Electronic Payments
System investigation or response will be forwarded to the Electronic Payments Customer
Support areas.
b. Alive call center operation will handle user phone calls 7:00 a.m. to 7:00 p.m. CT daily, 7
days a week. However, future alterations to these times and days may occur periodically
throughout the term of this Agreement if BearingPoint determines that peak usage of the
Framework is at times other than those described above.
6. TexasOnline Hosting and Application Service Provider (ASP) Services
a. Services provided by BearingPoint include all services related to the hosting of eFiling
applications including:
1) Application design
2) Database design and setup
3) Standard interface design to meet the statewide Court Filing standard. .
4) Interface design for exchange between TexasOnline and the Electronic Payments System
5) Support secure communication standards between TexasOnline and Government Entity
6) Application development and testing
7) Page and form development
8) Continued application enhancements and modifications
9) Applications support and maintenance
7. TexasOnline Training
a. BearingPoint will provide training support documentation on the appropriate use of the
TexasOnline EFM.
8. Strategic Outreach
a. Services provided by BearingPoint include the following strategic outreach services:
1) Provide a sample communication plan for the Government Entity; and
2) If appropriate, consider the possibility of a joint marketing program and/or expenditure
with the Government Entity.
9. Physical Environment Management
(a) BearingPoint will provide physical security and access management, protected power supply,
air conditioning and fire suppression through its eGovernment Data Center.
10. Network Infrastructure Management
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(a) BearingPoint will provide Front-End Network Management, Firewall Infrastructure and
Support Services, Intrusion Detection Services, Back-End Network Management and
technical support for the TexasOnline EFM located at its eGovernment Data Center.
BearingPoint will manage all the TexasOnline EFM resources necessary to get users to
Government Entity's applications and return the information to them. Tlus includes the
switches, load-balancing devices, bandwidth regulating devices, and other related devices.
11. Hardware Management
(a) BearingPoint will provide Hardware Installation, Hardware Management and support for
TexasOnline EFM components located at its eGovernment Data Center. BearingPoint will
install and maintain TexasOnline EFM servers and server components and will ensure third-
party service providers for hardware are notified appropriately, when required.
12. Operating System Administration
(a) BearingPoint will provide Operating System Software installation, configuration,
optimization, and support for TexasOnline EFM components located at its eGovernment
Data Center. BearingPoint will create the underlying TexasOnline environment and work
with Government Entity to ensure that systems are configured and tuned appropriately to
support the needs of Government Entity applications.
FPP CPFIPfI~~IP
The fee schedule listed below outlines the convenience fees required from the Internet user
for each completed transaction.
Government Entity
Service T e	Convenience
Fee
Electronic Filing	
Manager Court Intake	$ 4.00 TexasOnline
Services	$2.00 County*
Cost Recovery on all	based on the credit card
Credit Card	type and starting at
transactions	2.25% the first year.
*BearingPoint will pay to Government Entity on a monthly basis, for each accepted e-filing the
fee for cost recovery as approved by the Department of Information Resources Board.
3