HomeMy WebLinkAbout20120605 RESOLUTION
RE: APPROVE AGREEMENT FOR PREPAID DEBIT CARD RELEASE AND AUTHORIZE
CHAIR TO SIGN - KEEFE COMMISSARY NETWORK, LLC, DBA ACCESS
CORRECTIONS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Prepaid Debit Card
Release, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and Keefe
Commissary Network, LLC, dba Access Corrections, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Agreement for Prepaid Debit Card Release between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Weld County Sheriff's Office, and Keefe Commissary Network, LLC, dba Access Corrections,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �yws EXCUSED
Sean P. Conway, Chair
Weld County Clerk to the Board 4 _
E 4,4 William F. Garcia, Pro-Tem
BY:
Deputy C rk to the Boar XCUSED
1 ( �.F� ara Kirkmeyer
AP" •V . AS ::e'-� ' p;® C
Qp µi avid E. Long
nt Forney V
Douglas R demacher ;
Date of signature: /a S//2N
QC_ So 2012-0605
13I.ZSI i a SO0033
Agreement for Prepaid Debit Card Release
THIS AGREEMENT FOR DISTRIBUTION OF PREPAID DEBIT CARDS ("Agreement")is entered into
as of the day of , 2012 ("Effective Date")by and between Keefe Commissary Network, L.L.C.
d/b/a Access Corrections ("KCN"), located at 10880 Linpage Place, St. Louis Missouri 63132 and County of
Weld, Colorado ("Client"), located at 1950"O"Street, Greeley Colorado 80631
WHEREAS,KCN, a solution provider for the correctional market, coordinates inmate trust fund
release services for correctional facilities via a third party's provision of prepaid debit cards;
WHEREAS, Client desires to coordinate inmate trust fund release services at the above mentioned
correctional facility;
WHEREAS,Both parties, intending to be legally bound, hereby agree as follows:
1. Term. This Agreement shall be effective as of the Effective Date and shall continue for an initial term
of three(3)years. Thereafter, this Agreement shall automatically renew for successive terms of one (1)
year unless either party provides the other party with written notice of its desire not to renew at least
thirty(30)days prior to a scheduled renewal.
2. Release Methods. KCN shall provide technical support and coordination for the following release
method for processing inmate trust fund balances to Client inmates at time of release from the Client:
Prepaid Debit Cards ("Cards"): described as, a debit card which may be used for ATM withdraws
and/or pin-based and signature purchases after inmate activation. The Cards will be issued by First
California Bank in Palm Desert, California and transactions processed by a third-party company
called Outpay Systems, L.L.C.
*Additional Release Methods may be made available to the Client throughout the term of this
Agreement and shall become part of this Agreement with the Client's acceptance. No Release
Methods shall be implemented without Client approval. Another Card Brand, Issuing Bank or
Program Manager may be substituted during the term of this agreement at KCN's discretion and
shall not constitute an"Additional Release Method." The Client will be notified in writing of
any such change.
3. Maintenance of Designated Account. Client agrees to maintain an account at the following bank
("Designated Account") from which funds will be withdrawn by KCN and sent to the bank issuing the
Cards:
Bank Name: Wells Fargo
Bank Address: 5801 W 11th Street, Greeley, CO 80634
Routing Number: 102000076
Account Number: 3928962434
Bank Contact Name and Title: Denise Rouse, Relationship Associate, phone 303-863-6774 _
Bank Contact Phone Number: 970-353-5695
4. Authorization to Withdraw Funds from Designated Account. Client hereby authorizes KCN to
withdraw funds from the Designated Account without signature or notice to effect all deductions and
other transactions due KCN provided for in this Agreement. KCN shall notify Client if at any time
there are insufficient funds in the Designated Account to cover any amount that is due and owing to
KCN. Client shall promptly pay such amount to KCN. KCN will withdraw funds from the Designated
Account every business day to cover the funds necessary to issue the Cards.
This authorization is to remain in full force and effect until KCN has received written notification from
Client of its termination in such time and in such manner as to afford KCN and the Bank named above
reasonable opportunity to act on it. Client shall give KCN no less than three banking business days
2012-0605
notice if the Designated Account is to be changed so as to allow enough time for KCN to make the
necessary system modifications.
5. Responsibilities of the Client. All responsibilities of the Client are outlined in the attached"Security
Requirements for the Storage of Prepaid Cards", "Exhibit A"of this Agreement. KCN reserves the
right to modify"Security Requirements for the Storage of Prepaid Cards", "Exhibit A" of this
Agreement. KCN shall notify the Client of any such change in writing.
6. Fees and Charges. KCN shall charge a fee for its role in setting up the bank account with the bank
issuing the Cards and for coordinating third party processing services. "Coordination Fees"are in
accordance with the fee structure located in"Exhibit C". All fees shall be assessed to the card
holder/inmate.
7. Taxes. Each party shall be responsible for calculating, collecting and remitting their own federal, state
and/or local taxes, associated with the release services.
*Taxes should not be levied on the issuance of a Card unless Client's laws dictate such.
8. Equipment. Upon expiration or termination of this Agreement, Client agrees that all equipment and
materials remain the property of KCN and upon expiration or termination of this Agreement KCN
agrees to promptly remove all equipment and materials from the above mentioned Client. Client shall
be responsible for any unusual wear and tear, lost or stolen equipment as well as any lost, stolen or
improperly funded Cards during the term of this Agreement as per"Exhibit A"of this Agreement.
9. Confidentiality. KCN agrees to keep all information about inmates confidential and to make no
disclosure thereof to any third party, except as may otherwise be required by law. KCN agrees to give
Client prompt notice of any such disclosure.
10. Exclusivity. Client acknowledges that based on this Agreement, KCN has the sole and exclusive right
and authority to provide the services contemplated by this Agreement for all inmate accounts under the
Client's control and Client shall not, throughout the term of the Agreement, engage the services of any
other company to provide such services.
11. Compliance. KCN and the Client shall comply with all laws, orders, rules and regulations applicable to
it that are associated with the performance of its duties and obligations under this Agreement and as
stated in"Exhibit A and Exhibit B"of this Agreement.
12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the
State of Missouri.
13. Fiduciary Responsibility. Client agrees that it shall, to the full extent allowed by law, assume all
liability for any Client related job functions that lead to discrepancies/deficiencies associated with any
funding, Card loss, improper storage, etc. expressly attributed to the loading, inventorying and
distribution of the Cards to the Client inmates.
14. Indemnification. Each party shall indemnify and hold the officers, directors, agents, employees,
representatives, subsidiaries, parent company, affiliates, and customers harmless for any losses, claims,
damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees,
which arise from any alleged breach of such indemnifying party's representations and warranties made
under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The
indemnifying party shall have the sole right to defend such claims at its own expense. The other party
shall provide, at the indemnifying party's expense, such assistance in investigating and defending such
claims as the indemnifying party may reasonably request. This indemnity shall survive the termination
of this Agreement.
15. Force Majeure. Neither party shall be liable in damages or have the right to terminate this Agreement
for any delay or default in performing hereunder if such delay or default is caused by conditions beyond
its control including, but not limited to Acts of God, Government restrictions (including the denial or
cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond
the reasonable control of the party whose performance is affected.
16. Termination. In the event that either party believes that the other party has materially breached any
obligations under this Agreement, or if either party believes that the other party has exceeded the scope
of the Agreement, such party shall so notify the breaching party in writing. The breaching party shall
have 30 days from the receipt of notice to cure the alleged breach and to notify the non-breaching party
in writing that cure has been effected. If the breach is not cured within the 30 days, the non-breaching
party shall have the right to terminate the Agreement without further notice. KCN reserves the right to
terminate this Agreement if the Client, or its representatives' actions, breech the Clients responsibilities
listed in this Agreement including all Attachments and Exhibits.
17. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether oral
or written.
18. Assignment. This agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors of interest, except that Client may not assign this Agreement to any person or
entity without the written consent of KCN.
19. Notices. All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or
shall be deemed received within 10 days after mailing if sent by registered or certified mail, return
receipt requested. If any notice is sent by facsimile or email, confirmation copies must be sent by mail
or hand delivery to the addresses listed above.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized
representatives as of the date first above written.
Keefe Commissary Network, L.L.C. Client County o eld Colorado
BY: r"`\ BY:
NAME: Michael Ma NAME: William F. Qarcia, Chair Pro-Tern
TITLE: Vice President/General Manager TITLE: Board of County Commissioners
DATE: a y, I k DATE: MAR 0 5 2012
c9O/ -off des
Exhibit A
Security Requirements for the Storage of Prepaid Cards
The security requirements in this document are based on policies and guidelines developed by the Payment
Networks and industry best practices. These requirements must be implemented at all locations that store and
distribute instant-issue card products.
Card Ordering
Card orders will be shipped to the designated locations by OPS (OutPaySystems)or its assignees by bonded
and approved carrier. Card orders must be signed for upon arrival. All cards must be placed at the time of
receipt into inventory in a secured storage area. An employee designated by management should be appointed
to ensure the physical and procedural security policies are implemented.
Card Inventory
Physical security of the cards in inventory must be maintained at all times. Cards must be stored in a controlled
environment, such as a safe or locked storage device, with access limited to employees who have successfully
passed background screening checks.
An inventory log must account for the number of cards received, cards used, cards spoiled (cards that cannot be
used due to damage, tampering or expiration) and remaining cards that should balance to the number of cards
on hand at any time. An explanation of spoilage should be included on the log. Any inventory discrepancy must
be reported to OPS as soon as detected.
Card Destruction
OPS may request return of unused cards in inventory for destruction for any of the reasons listed below.
1. Cards are compromised or tampered with;
2. Card stock expired;
3. Cards are damaged or defective;
4. Program is terminated.
Cards to be returned should be securely packaged. A copy of the inventory log should be included in the
shipment. A second copy of the inventory log should be transmitted to OPS electronically.
Alternatively, the location may destroy any defective or damaged card and certify its destruction by maintaining
a detailed inventory log, and destroying the cards using a cross cut shredder that creates pieces no larger than
/4 " by%" in size. A certified report of destruction outlined in Exhibit B, attached hereto and incorporated herein
by this reference must be submitted to OPS on a monthly cycle even if no cards were destroyed in that period.
The remainder of this page intentionally left blank.
Exhibit B
Certificate of Destruction of Defective or Damaged Cards
certify that the cards listed below were either damaged or defective. I
further certify that the cards below were destroyed using a cross cut shredder that created pieces no larger than
" by 1/2" in size.
Destruction Date Card Number Expiration Name(first, last) Signature
(mmddyyyy)
Exhibit C
Inmate Release Card Program Fee
Cardholder Fees Associated with the Inmate Release Program.
Weekly Maintenance* $1 .50
Re-Loading of card at a Credit Union $0.00
Pin Change $0.00
Domestic ATM Fees** $2.75
International ATM Fees** $3.75
ATM Account Inquiry $1.50
POS Debit Fee (PIN and signature) $0.00
ATM Decline for NSF $2.75
Card to Bank Funds Transfer (ACH) $6.00
Card to Bank wire transfer $38.00
Card to Card Transfer $0.00
Account Closure Fee ( should a cardholder $30.00
want to receive a check from the bank)
No fee for service calls.
Replacement Card if lost: $4.95.
* After 36 hours of being issued the card starts incurring weekly maintenance fees to cover
the cost of the FDIC insured account
** Fees may also be imposed by the local ATM provider and are in addition to OutPay
Systems's card fees. Visit www.accessf reedom.net for a listing of surcharge-free ATMS.
Customer Service / Servicio Al Clients:
Toll Free from U.S.A. - (888) 609-0008
www.AccessFreedom.net
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