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HomeMy WebLinkAbout20260383 Resolution Approve Participation Agreement for Online Posts of Jail Surety Bail Bonds for Compliance of House Bill, HB25-1015, and Authorize Chair Pro-Tern and Treasurer to Sign — AIIPaid, Inc. 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 a Participation Agreement for Online Posts of Jail Surety Bail Bonds for the Compliance of House Bill, HB25-1015, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and AllPaid, Inc., commencing upon full execution of signatures, and ending February 24, 2029, with further terms and conditions being as stated in said agreement, 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 Participation Agreement for Online Posts of Jail Surety Bail Bonds for the Compliance of House Bill, HB25-1015, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and AIIPaid, Inc., be, and hereby is, approved. Be it further resolved by the Board that the Chair Pro-Tem and Brigitte Grimm, Weld County Treasurer, be, and hereby are, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 25th day of February, A.D., 2026: Scott K. James, Chair: Excused Jason S. Maxey, Pro-Tem: Aye • La%• Perry L. Buck: Aye I a .� Lynette Peppier: Aye '�� Kevin D. Ross: Excused '"" il pp A roved as to Form: 444,Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc : So(SA/rr-A) 2026-0383 03\\\ \ate SO0047 C I0q(3 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Allpaid service agreement DEPARTMENT: Weld County Sheriffs Office DATE: 2/13/26 PERSON REQUESTING: Lieutenant Jerry Aguirre Jr Brief description of the problem/issue: In March 2025 the Colorado legislature passed HB 25.1015 which requires all jails to provide the ability for individuals to post surety bonds online. In September of 2025 the Board of County Commissioners approved the service agreement with eBonds which would allow for bondsman to post bonds on-line.The agreement with Allpaid would allow for anyone who is not a bondsman the ability to post a surety bond on-line. What options exist for the Board? The Board of County Commissioners can either support the recommended vendor and associated service agreement with Allpaid or deny the recommended vendor. Consequences: The consequences of not supporting the recommended vendor and associated service agreement with Allpaid would create a substantial impact to the Detentions Division in the ability to comply with HB25-1015. Failure to enter into this agreement would require the Sheriff's Office to find another vendor that can meet the reauires of the house bill. p Impacts: In supporting and approving the recommended vendor and associated service agreement with Allpaid would provide the necessary technology and systems to ensure compliance with the requirements of HB25-1015.The contract with eBonds allows for bondsman to antar hnnric nnlina Allnairl IA/ni de'aline,fnr an inriivirli pal whn is not a hnnrieman tha ahilifii In nay a hnnrl nnlina Q Cost(Current Fiscal Year/Ongoing or Subsequent Fiscal Years: There is no cost associated with the agreement between Allpaid and Weld County.The cost of the service is paid by the bonding fees collected as per statute. Recommendation: I recommend the Board of County Commissioners approve the service agreement with Allpaid to ensure the Weld County Sheriffs Office is in compliance with HB25-1015 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Sl'i' Lynette Peppier litif O 1)0 a Kevin D. Ross �( � 2026-0383 Z/Z5 SO 00P-11 Docusign Envelope ID:AF38D582-A004-4CBD-AF61-87861CB905EC • allpaid Participation Agreement AllPaid, Inc. Weld County Sheriffs Office 7820 Innovation Boulevard 1950 0 Street Suite 250 Greeley,CO 80631 Indianapolis, Indiana 46278 ("Participant") ("AllPaid") 1. Services;Agency Appointment and Effect. The above-named entity("Participant")and AIIPaid agree that AllPaid is to act as Participant's agent for the limited purpose of receiving payments from Payers on Participant's behalf and Participant expressly authorizes AllPaid to act as its agent for the receipt of Payer funds. Payment from the Payer to AllPaid by use of AIlPaid's payment processing services shall be considered payment to Participant, extinguishing the Payer's payment obligation to Participant(in the amount paid by the Payer)as if the Payer had paid Participant directly, subject to any right Participant has to reject such transaction.AIIPaid, and not the individual Payer, is solely liable to Participant for Payer funds if AIIPaid fails to remit funds to Participant from Payers using AllPaid's services and AllPaid accepts such appointment subject to any conditions and limitations in this Participation Agreement and any attachments hereto("Agreement"). AIIPaid shall provide Participant with training,documentation,and electronic and telephonic support at AllPaid's expense. AIIPaid shall cause funds to be forwarded electronically to such account as Participant designates within two banking days after transaction authorization. AIIPaid shall provide Participant with participation procedures that Participant must follow in using AllPaid's payment services. 2.Term and Termination. This Agreement shall become effective upon the date of the latter signature to this Agreement ("Effective Date") and shall continue for three years, automatically renewing for additional one-year periods commencing on the third anniversary of the Effective Date. This Agreement may be terminated (i) by Participant at any time with or without cause upon 90 days'written notice to AllPaid; (ii) by AllPaid upon 90 days' written notice to Participant prior to any renewal term; or (iii) either party may terminate this agreement if the other party breaches this agreement and does not cure such breach within ten business days after receiving written notice thereof from the non-breaching party. Upon expiration or termination of this agreement for any reason, may cease all services. 3. Fees. AIIPaid shall collect the Service Fees shown in Attachment"A" based on type of payment processed from the Payer or from Participant, as Participant specifies to AIIPaid, on behalf of Participant, retaining such Service Fees as its sole compensation. Participant may select any or all of the payment types available as follows: • For cash baiVbond payments, "Service Fee Schedule for Bail Payments"applies in compliance with Colorado state laws to include current and future modifications to HB25-1015. AllPaid will apply its then-current Service Fee to the payment types Participant has selected for processing under this Agreement. AIIPaid may modify any or all Service Fees at its sole option, providing Participant with 30 days' advance written notice. ALL SERVICE FEES ARE NON-REFUNDABLE. AllPaid reserves the right to charge Participant for services or equipment beyond the scope of this Agreement, such as custom software development, non-AllPaid standard peripheral devices, and other services and support as the parties may agree. 4.Disputes and Chargebacks. AIIPaid shall be responsible for handling all transaction disputes associated with Payers' use of cards to make payments to Participant through AllPaid. Further,AIIPaid shall be responsible for all chargebacks(other than bail,see below)initiated not more than 180 days after the transaction. If AllPaid determines that a chargeback may be inappropriate, AIIPaid expects Participant to provide reasonable assistance in any challenge AllPaid makes to the chargeback. AllPaid reserves the right to adjust service and security levels as AIIPaid reasonably deems necessary to maintain payment security and integrity. The following shall apply to bail chargebacks: AllPaid Agree.No.8867 Weld County Sheriffs Office CO 10212025 Page 1 of 6 AllPaid PAForm rev2025FEB05-GENERAL Docusign Envelope ID:AF38D582-A004-4CBD-AF61-87861CB905EC allpaid Participation Agreement • Participant shall be responsible for the full amount of the bail charged back together with any administrative fee Participant collects for processing a cash bail payment through AllPaid, notwithstanding any costs or fees Participant may impose on a defendant that would otherwise be deducted from a cash bail on deposit. • Participant may be responsible to pay AIIPaid an administrative fee of$25.00 for each chargeback. • Participant shall complete that portion of this Agreement below authorizing AllPaid to electronically debit the Settlement Account or such other account Participant may indicate for the amount of each bail chargeback plus the above administrative fee("Obligations"). • Participant shall notify AIIPaid immediately of any changes to the account identified for recoupment of bail chargebacks and execute an updated debit authorization. • AIIPaid shall provide Participant with reasonable advance notice of any Obligations AIIPaid intends to debit from Participant's account prior to such debit and shall only debit amounts from the Settlement Account that are equal to the associated Obligations. • Participant may only receive cash bail payment services while the debit authorization Participant provides under this Agreement remains in effect.AIIPaid may suspend or terminate cash bail services if the balance in Participant's account is insufficient to cover the Obligations. 5.Warranties. Each party warrants that this Agreement is valid, binding, and enforceable against such party in accordance with its terms and that each party has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. AllPaid further warrants that during the performance of this Agreement, AIIPaid(i)shall provide services in a non-discriminatory manner and shall not deny services or employment on the basis of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, marital status,or any other legally protected class; (ii) will comply with all applicable laws and regulations and the rules and procedures applicable to the credit and debit card brands it accepts and processes; and (iii) in accordance with then-current PCI DSS requirements, will maintain proper security and responsibility for Payer data while it is in AllPaid's possession, all at AllPaid's sole cost. Participant further warrants that Participant's decisions and instructions to AIIPaid with respect to Payer responsibility for payment of all or any part of the Service Fee shall conform with applicable law. 6. Indemnification and Disclaimers. AIIPaid shall indemnify and save harmless Participant, its agents,officers, and employees from responsibility or liability for all damages, costs, expenses, (including reasonable attorney fees and defense costs)relating to death or bodily injury or damages to physical property directly resulting from AllPaid's performance under this Agreement. ALLPAID ACCEPTS NO RESPONSIBILITY FOR SECURITY OF PAYER DATA ON SYSTEMS OTHER THAN THOSE CONTROLLED BY ALLPAID. ALLPAID LIABILITY WITH RESPECT TO PAYMENTS PROCESSED HEREUNDER IS LIMITED TO MAKING PAYMENTS IN THE AMOUNTS AUTHORIZED. ALLPAID IS NOT A SURETY AND PROCESSING A PAYMENT THROUGH ALLPAID DOES NOT GUARANTEE ANY PARTICULAR OUTCOME INCLUDING, BUT NOT LIMITED TO, A DEFENDANT'S COURT APPEARANCE OR FULL SATISFACTION OF A FINANCIAL OBLIGATION. OTHER THAN WARRANTIES EXPLICITLY MADE IN THIS AGREEMENT,ALLPAID DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND,EXPRESS OR IMPLIED. NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE,OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPANT BEARS RESPONSIBILITY FOR ANY ADMINISTRATIVE ACTIONS IT MAY TAKE IN CONNECTION WITH SERVICES PROVIDED UNDER THIS AGREEMENT. 7.Independent Contractor.AIIPaid shall provide all services to Participant as an independent contractor. Other than the limited agency of AllPaid to accept payments for Participant, nothing contained herein shall be deemed to create any association, partnership,joint venture, or relationship of master and servant or employer and employee between the parties or to provide either party with the right, power, or authority, expressed or implied, to create any such duty or obligation on behalf of the other party. 8.Taxes. AIIPaid shall be responsible for the payment of all taxes legally imposed upon its services. AllPaid Agree.No.8867 Weld County Sheriffs Office CO 10212025 Page 2 of 6 AIIPaid PAForm rev2025FEB05-GENERAL Docusign Envelope ID:AF38D582-A004-4CBD-AF61-87861CB905EC allpaid Participation Agreement 9. Notices. All legal notices permitted or required by this Agreement shall be in writing and given to the respective parties in person, by first class mail, by recognized private courier, or by facsimile (with a hard copy following) directed to the address first stated in this Agreement or to such other person or place that the parties may from time to time designate (if to AllPaid, note"Attention: Account Services"). Notices and consents under this section shall be deemed to be received, if sent by mail or courier, five days following their deposit in the U S. Mail or with such courier or, if sent by facsimile, when such facsimile is transmitted to the number the intended recipient provides and sender receives a confirmation that such facsimile was transmitted 10. SERVICE CHANGES: Participant is responsible for advising AllPaid as to the types of payments AllPaid is authorized to accept on Participant's behalf(per the fees and conditions in Attachment"A")and the type of service and equipment modes that will apply to each payment type Participant may at any time (i) authorize AllPaid to accept additional types of payments, (ii) cancel the processing through AllPaid of any types of payments, (iii) modify the service or equipment modes (from among Internet, telephone, Internet and telephone, Gov$wipe®, etc.), (iv) modify the account(s)to which AllPaid shall direct payments to Participant,or(v)add other agencies,departments or sub-agencies("Affiliated Agencies") to, or delete Affiliated Agencies from Participant's use of any AllPaid services and equipment by specifying all such changes to AllPaid in writing. Any such changes will be subject to AIIPaid acknowledgment and acceptance in writing and any verification process AllPaid may require For purposes of this subsection only, "in writing" shall mean via letter, facsimile, or email (if to AllPaid, to accountservices@allpaid com). AllPaid reserves the right to adjust service and security levels as AllPaid reasonably deems necessary to maintain payment security and integrity. 11.Gov$wipe. AIIPaid will provide Participants that select Gov$wipe with card readers and peripheral equipment (cables,etc.),which are and will remain the property of AllPaid. Participant understands that AllPaid card readers are embedded with proprietary technology ("Firmware"). AllPaid grants Participant a license to use such card readers and Firmware for the duration of the Agreement. Participant's use of card readers and Firmware shall be limited to the purposes of this Agreement. Acceptance and use of card readers does not convey to Participant any title, patent, copyright, or other proprietary right in or to the Firmware. At all times, AIIPaid or its suppliers retain all rights to the Firmware, including but not limited to updates, enhancements, and additions. Participant shall not attempt to access or disclose the Firmware to any party, or transfer, copy, license, sub-license, modify, translate, reverse engineer, decompile, disassemble, tamper with, or create any derivative work based on Firmware. Participant will use reasonable care to protect card readers from loss, theft, damage or any legal encumbrance. AllPaid shall provide card readers and installation instructions at service implementation and when providing any replacement or additional card readers by shipment to a location Participant designates or, at AIIPaid's option, Participant will allow AIIPaid and its designated representatives reasonable access to Participant's premises for training purposes and device installation, repair, removal, modification, upgrades,and relocation. Card readers for use with Gov$wipe are designed to communicate Payer data to AIIPaid through Participant's computing equipment to which they are cable-attached via USB port. Internet access to AIIPaid is required for transaction processing via Gov$wipe and is enabled solely by Participant's computers and networks. Participant is responsible to use standard safeguards and practicet to keep its computers and networks secure and free from malicious software or hardware. AllPaid shall not be held liable to Participant for exposure of Participant's computers or networks to malicious software or hardware of any kind. AIIPaid is solely responsible for the maintenance of any card readers and shall supply Participant with replacement card readers on Participant's request and as AIIPaid deems appropriate Upon termination of the Agreement, AIIPaid may require Participant to return card readers at AilPaid's expense and by such method as AllPaid specifies 12. Miscellaneous. There are no third-party beneficiaries to this Agreement. This Agreement may not be assigned, in whole or in part, by either party hereto without prior written consent of the other party, which consent shall not be unreasonably withheld Either party is excused from performance and shall not be liable for any delay in performance or non-performance, in whole or in part,caused by the occurrence of any contingency beyond the control of the non-performing party including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, terrorism, loss of power or telecommunications, flood, storm, Acts of God, and similar occurrences This Agreement shall be governed by the internal laws of the state in which Participant is located. Litigation AllPaid Agree.No. 8867 Weld County Sheriffs Office CO 10212025 Page 3 of 6 AIIPaid PA Form rev2025FE805-GENERAL Docusign Envelope ID:AF38D582-A004-4CBD-AF61-87861CB905EC allpaid Participation Agreement regarding this Agreement shall be filed in state or federal courts of appropriate jurisdiction in or near the county in which Participant is located. Any waiver must in in writing and signed by the party to be charged and a waiver of any portion of this Agreement shall not be deemed a waiver or renunciation of other portions. Rights and obligations under this Agreement which by their nature should survive will remain in effect after termination or expiration hereof. In the event that any provision of this Agreement is adjudicated by any court of competent jurisdiction to be invalid, illegal, void,or unenforceable,all other provisions of this Agreement shall remain in full force and effect. 13.Completeness.This Agreement including its authorized attachment(s)is the entire agreement between the parties and expresses the complete understanding of the parties, superseding all prior or contemporaneous agreements with regard to the subject matter herein. This Agreement may not be altered, amended or modified except in a writing incorporated hereto and signed by the parties, provided, however,that AllPaid may revise the terms of this Agreement if required to comply with law, regulation, or card industry rules and AllPaid provides prompt notice to Participant of such change(s)and may modify fees per Section 3. 14. Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which is deemed an original, but all of which taken together constitute one and the same instrument. All signed fax or electronically imaged counterparts to this Agreement shall be deemed as valid as originals. WELD COUNTY SHERIFF'S OFFICE ALLPAID, INC. a By: �� S By:rtluishiaa Samekck; Printed Name Jason S.Maxey Printed Name: Christina Sansonetti Chair Pro Tern,Board of Weld VP, Revenue Title:County Commmissionertn_ Title: FEB 2 5 2026 2/18/2026 :ttest: ate: Date. tifitifA;/ /01;•elf41 , Clerk t the Board into y. _ _WA-akff*V) '' e Deputy Clerk to the Board \.42° ;.,. lh .1 AllPaid Agree.No 8867 Weld County Sheriffs Office CO 10212025 Page 4 of 6 AllPoid PAForm rev2025FEB05-GENERAL 2oZQ)'�3�3 Docusign Envelope ID:AF380582-A0Q4-4CBD-AF61-87861C0905EC allpaid Participation Agreement DEBIT AUTHORIZATION The government agency identified above ("Account Owner') in connection with the Participation Agreement that Account Owner has entered into with AIIPaid, Inc. ("AilPaid") for the purposes of processing electronic cash bail payments to Account Owner hereby authorizes AllPaid to electronically debit the account identified below only to the extent and for the purposes of AllPaid's recoupment of the Obligations stated in such Participation Agreement and, if necessary, to electronically credit the account to reverse erroneous debits, %Checking Account _Savings Account(select one) held at the financial institution specified below Depository Name W LJ c Routing Number Account owner agrees that transactions authorized by this Authonzation comply with all applicable laws. An individual authorized by Account Owner has executed this Authorization. All signed fax or electronically imaged versions of this Authorization shall be deemed as valid as originals. Signature /� �_ Printed Name: t 1 ClclaM _ Title lael a ‘4' Rloll[ [rtt`C '_ Date: 7(Z-1j AIIPaid Agree.No.8867 Weld County Sheriffs Office CO 10212025 Page 5 of 6 AIIPaid PAForm_rev2025FEB05-GENERAL Docusign Envelope ID:AF38D582-A004-4CBD-AF61-87861CB905EC alipaid Participation Agreement ATTACHMENT"A"-SERVICE FEES Service Fees may be the responsibility of Payer, Participant,or shared by Payer and Participant. Unless Participant advises AIIPaid otherwise, Participant will be presumed to have chosen that Payers shall be responsible for all Service Fees. If Participant elects to pay all or any portion of the Service Fee, Participant must so advise AllPaid in writing using the method specified in section 10. For any Service Fees Participant elects to pay, AllPaid will debit Participant's account for Participant's share of the Service Fee in accordance with the terms of the debit authorization form AllPaid provides. Participant must allow AIIPaid 30 days to make any changes Participant requests to the Service Fee responsibility. ALL SERVICE FEES ARE NON-REFUNDABLE Service Fee Schedule for Cash Bail Payments 3.50% Cardholders posting cash bail may attempt transactions of up to $50,000. There is no additional charge for Call Center/Live Agent assistance for cash bail postings. If Participant imposes its own processing fee,that amount shall be added to the amount of the bail and collected in a single transaction. In order to comply with applicable law,AIIPaid will allow cardholder more than one transaction of$50,000 if needed to pay the entire bond. AIIPaid Agree.No.8867 Weld County Sheriffs Office CO 10212025 Page 6 of 6 AllPaid PAForm rev2025FEB05-GENERAL Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job ALLPAID INC SUP-51 824 aid linked here to add a (]supplier in Workday. Contract Name* Contract ID Parent Contract ID 2026 ALLPAID AGREEMENT 10403 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW TMATTHEWS Department Project# Contract Lead Email tmatthews@weld.gov Contract Description* AGREEMENT WITH ALLPAID TO ALLOW FOR ANYONE WHO IS NOT A BONDSMAN THE ABILITY TO POST SURETY BOND ON-LINE TO COMPLY WITH COLORADO HB25-1 01 5 WHICH REQUIRES ALL JAILS TO PROVIDE ABILITY FOR INDIVIDUALS TO POST SURETY BONDS ONLINE. Contract Description 2 AGREEMENT SHALL BECOME EFFECTIVE UPON DATE OF LATTER SIGNATURE AND CONTINUE FOR THREE YEARS WITH AUTO RENEW FOR ADDITIONAL ONE-YEAR PERIODS. AGREEMENT MAY BE TERMINATED AT ANY TIME WITH OR WITHOUT CAUSE UPON 90 DAYS WRITTEN NOTICE BY EITHER PARTY. Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT SHERIFF Date* 02/21 /2026 02/25/2026 Amount* Department Email $0.00 CM-Sheriff@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email YES CM-Sheriff- Does Contract require Purchasing Dept. to be DeptHead@weld.gov included?* Automatic Renewal NO County Attorney Grant GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- CO U NTYATTORN EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 11 /01 /2028 02/26/2029 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/20/2026 02/20/2026 02/23/2026 Final Approval BOCC Approved Doc ID# AG 022526 BOCC Signed Date Originator BOCC Agenda Date TMATTHEWS 02/25/2026 Hello