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HomeMy WebLinkAbout20174120.tiffGLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT / This AGREEMENT ("Agreement") is made thl5LF day of • 2017 by and between GLOBAL CASH CARD, with its principal place of business at 7 Corporate Park, Suite 130, Irvine, CA 92606 and Weld County (the "Client") with its principal place of business at 1150 "O" Street, Greeley, Colorado 80631 PURPOSE Global Cash Card operates the Global Cash Card Payroll Card Service (the "Service") to provide an electronic fund transfer service that (i) facilitates the transfer of funds between a company, like the Client, and any employee or other persons who receive a Global Cash Card (the "Card"). (ii) Such employees and other persons (the "Cardholders") will have full access to the funds located within the designated Bank Controlled Account that corresponds to the issued Card and (iii) those Cardholders will be provided electronic access to their funds, individual card information, and other transaction services; THE SERVICE Global Cash Card makes the Service available to the Client through a program (the "Program"), tailored to the Client's specific needs. The Service is effected under the Program through the following arrangement among Global Cash Card, the Client and its Cardholders: (i) Global Cash Card will issue a Card to any employee or other persons with proper identification, who enroll in the Service.. (ii) Global Cash Card will make available to the Cardholders: 1. FDIC Insured- Cards will be FDIC Insured, provided the card is in the name of the primary cardholder. 2. Automated Teller Machine ("ATM") Services. Cardholders may use Cards at any ATM that bears the network logo that appears on the back of the Card to make cash withdrawals or to inquire about the amount of funds available to them. 3. Merchant Point -of -Sale ("POS") Services. Cardholders may use Cards to purchase goods and services at any retail or other establishment that displays the network logo that appears on the back of the Card. 4. Funds Transfer Services. Cardholders may use the provided electronic access services to transfer funds to a bank account or to companion cards. 5. Online Services. Cardholders may access, through online services, balances, transaction history and other information which may be available depending on the Program. 6. Customer Service. Cardholders will be provided automated phone and live Customer Service. 7. Global Protect. Global protect allows users to lock and/or unlock their card. It also gives you your card balance when first bringing up the App. Finally, the travel usage button allows the user to perform transactions in any geographic area in which they travel. 8. Other Services available to Cardholders as outlined in disclosure materials from time to time. (iii). Global Cash Card will make available to the Clients: 1. Paystubs / WZ's: Global Cash Card, at its sole and unilateral discretion, may provide to clients the ability to post electronic advices of paystubs and/or w -Z's for cardholders and non -cardholders, free of charge, providing client uses template or templates that Global Cash Card provides. Client also agrees to maintain a satisfactory number of active cardholder accounts to qualify for this free service. Any requested custom design will be billed at $125.00 per hour. Global Cash Card is not responsible for any incomplete or inaccurate information in any such electronic copy, and Global Cash Card is not responsible for any damage or consequence occasioned or caused by anyone's use of and/or reliance upon any information contained in any such electronic copy, whether or not Global Cash Card had possession or knowledge of the complete and/or accurate information at any time. No one may rely upon the completeness or accuracy of any electronic copy of any pay stub or w-2 information posted by Global Cash Card as set forth herein at any time under any circumstances. 2. Account Manager: Global Cash Card will assign an experienced account manager to supervise Client's Program. AGREEMENT 10F 10 PAYROLL CARD SERVICES AGREEMENT CONFIDENTIAL 2017-4120 tatezootA INITIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT 1. REPRESENTATIONS, WARRANTIES AND COVENANTS. 1.1. Representations and Warranties of Global Cash Card. Global Cash Card represents and warrants to, and covenants with, the Client that, as of the date hereof, and throughout the term of this Agreement, that: Global Cash Card is duly organized, validly existing and qualified to transact business in each jurisdiction where it is required to be qualified, except where such qualification is not required or where the failure to be so qualified or remain in good standing would not have a material adverse effect upon Global Cash Card or the ability of Global Cash Card to perform its obligations hereunder. 1.2. Representations and Warranties of the Client. The Client represents and warrants to, and covenants with, Global Cash Card, as of the date hereof, and throughout the term of this Agreement, that: 1.2.1. The Client is governmental organization under the law of the State of Colorado and is or will be qualified to transact business. 2. FEES AND PAYMENTS 2.1. Fees. The fees ("Fees") related to the Service are set forth in Fee Schedule, Exhibit "A" attached to this agreement. 2.2. Payment Terms Cardholders. Global Cash Card will deduct transaction fees, as set forth in the Fee Schedule, from the Cardholder Account based upon the attached Fee Schedule upon the execution of the corresponding transaction. Global Cash Card shall not increase fees charged to Cardholders as set forth in Exhibit "A" during the term of this Agreement, however, Global Cash Card shall be entitled to increase fees and charges with thirty -days (30) notice to offset any direct cost, increases passed through to Global Cash Card by changes in operating rules imposed by networks, banks, processors or federal, state or local authorities. 2.3. Payment Terms Client. The Service is generally provided free of charge to the Client. In the event Global Cash Card agrees to perform work in excess of, or not contemplated by the terms of this Agreement, Client and Global Cash Card will agree to payment terms for that work. 3. ENROLLMENT 3.1. Availability of Program to Employees. Client shall notify all of its employees, as well as any other persons to whom the Client may from time to time desire to offer participation in the Service (collectively, the "Prospective Cardholders"), of the Client's participation in the Service, and of the details of the particular Programs for which the Client has subscribed. The Client shall make available to all of the Prospective Cardholders the opportunity to enroll and participate in the Service under one or more Programs. 3.2. Identity Verification. Prior to distribution of an Enrollment Kit to any prospective Cardholder, Client shall comply with the obligations of DHS Form I-9, Employment Eligibility Verification for that person, and retain the completed Form 1-9 containing the Client's certification for each Participating Employee. Client Shall not provide an Enrollment Kit or a Card to an person who does not successfully complete the I-9 verification process, or if the Client has any reason to question the identity of the person seeking a Card. Client shall promptly notify Global Cash Card if at any time Client has any reason to question the identity of an Cardholder. Global Cash Card and issuing bank reserve the right to request and obtain identity information directly from the Cardholder. Client agrees to take reasonable steps to determine whether the identification documents provided by prospective Cardholders are genuine, and Client will notify Global Cash Card if at any time it reasonably believes that any such identification documents appear to be forged, inaccurate or incomplete, or if Client has reason to question the identity of a Cardholder or prospective Cardholder. Client will cooperate with Global Cash Card to implement any other practices and policies of Global Cash Card or issuing bank to authenticate any person's identity in accordance with applicable law or applicable rules and regulations of any payment network association. 3.3. Record Preservation. For each Cardholder, Client shall preserve the DHS Form 1-9 (or an electronic copy there of) during the applicable Identity Record Preservation Period (as defined below). The "Identity record Preservation Period" for any Cardholder is the period commencing on the date such person becomes a Cardholder, and ending (3) years after the termination of the Cardholder's employment or association with Client, or the period required by applicable law, whichever is longer; provided that if change in applicable law requires a longer retention period for issuing bank, the parties will use commercially reasonable efforts to agree on a process that permits issuing bank to meet its obligations. Client agrees that, upon prior notice, Global Cash Card, issuing and any regulatory authorities having jurisdiction over Global Cash Card or issuing bank shall have the right to audit and inspect Client's books and records related to the Service and Client's performance of its obligations with respect thereto, including the Identity Verification Documents. 20110 PAYROLL CARD SERVICES AGREEMENT INITIAL CONFIDENTIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT 3.4. Distribution of Enrollment Materials. The Client shall, if applicable, deliver to each Prospective Cardholder who enrolls in a Program a set of instructional materials (the "Enrollment Materials") for the Program in which the Prospective Cardholder elects to participate. The Enrollment Materials may include, without limitation, the Cardholder Agreement, which includes the Cardholder Services Fee Schedule (as defined below), a Card, A direct Deposit Authorization Form and other materials as required. 3.5. Client agrees to cooperate with Global Cash Card in implementation, orientation and follow-up strategies to maximize participation in the Payroll Card Program. 4. DEPOSIT TO THE ACCOUNT. 4.1. Regular Deposits. The Client shall promptly deposit in the designated Bank Controlled Account, by timely, irrevocable wire transfer, direct deposit, ACH transfer or other means, all Program funds due to its Cardholders. With respect to each transfer of funds by the Client to the Bank Controlled Account, Client shall deliver to Global Cash Card, in the specified format, data identifying the amount of such funds attributable to each Cardholder ("Disbursement Detail). Client acknowledges that Cardholders shall have access only to those funds held in the corresponding Bank Controlled Account, and that the Service under the Program will be made available to them only to the extent that adequate funds are available in the Bank Controlled Account. Global Cash Card shall be liable to Cardholders only to the extent that Client funds for such Cardholders have been advanced to the Bank Controlled Account and Client has provided Disbursement Detail to Global Cash Card. Global Cash Card shall have no obligation to provide the Service, or to make any funds available, to Cardholders with respect to whom inadequate funds are held in the Bank Controlled Account or for whom Disbursement Detail is not timely delivered by Client. 4.2. Maintenance of Sub -Account Entries for Each Cardholder. The Bank Controlled Account shall be controlled by the designated bank exclusively, on behalf of all Cardholders, and Global Cash Card shall maintain individual entries in its computer system reconciled to amounts in the Bank Controlled Account for each Cardholder ("Sub -Account"). It is the responsibility of the Client to provide confidential Cardholder information, which includes the Cardholder's first and last name, date of birth, physical address and a Social Security Number. This information is required to establish and maintain Cardholder Sub -Accounts. Each such Sub -Account entry shall accurately reflect the amount of funds in the Bank Controlled Account that are attributable to, and held on behalf of, each particular Cardholder. 4.3. Employee Payroll and Other Matters. The Client shall comply with and be solely responsible for compliance with all federal, state and local laws, rules and regulations relating to payroll compensation and employment matters, including, without limitation, compliance with the Compulsory Use Provisions of The Federal Electronic Fund Transfer Act ("EFTA", 15 USC § 1693k.) and its implementing regulation, Regulation E (12 C.F.R. §1005.10(e)) and any other applicable laws or regulations concerning full and appropriate payment of wages and/or employee pay method election, as well as the proper withholding and timely remittance of, any and all taxes related thereto, and the timely delivery of payment stubs and similar payroll information to Cardholders setting forth all required information. From time to time Global Cash Card may provide information and/or analysis to Client regarding Client's compliance obligations under this provision. To the extent Global Cash Card provides such information and/or analysis, it does not waive, modify or alter this, or any provision concerning Client's obligations or assume any responsibility for those obligations. 4.4. Corrections of Overpayment. In the event of overpayment, the Client shall only request Global Cash Card initiate a reversal of an electronic funds transfer to the extent such request is in compliance with federal and state wage and hour laws, including but not limited to: (i) providing any required notice to the affected Cardholder in advance and (ii) obtaining any required approvals, and otherwise in accordance with the National Automated Clearing House Association (NACHA) rules. 5. TRANSACTION DATA PRIVACY 5.1. Ownership of Certain Property. The Service, Programs, Cards, Card numbers, PINs, and the intellectual property related to the operation and functionality of such items and processes, as well as their relationship to, and interaction with, the Services, are the sole property of Global Cash Card. The Client shall not use, divulge, or grant any third party access to any of the foregoing intellectual and other property, except: (i) as permitted under the Client Privacy Policy Statement (ii) as may be necessary to conduct its internal business, (iii) as may be required by law, or (iv) with the prior express written consent of Global Cash Card. The Cardholders' transaction information, including, without limitation, the information presented in transaction statements, is the property of the respective Cardholders. Neither Global Cash Card nor the Client shall use, divulge, or grant any third party access to, any such information, except: (i) as permitted under the Global Cash Card Privacy Policy Statement (as defined below) or the Client Privacy Statement, respectively, or (ii) as maybe required by law. 3 OF 10 PAYROLL CARD SERVICES AGREEMENT INITIAL CONFIDENTIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT 5.2. Global Cash Card Privacy Policy Statement. Global Cash Card has approved and adopted a privacy policy statement, which is maintained and documented on the Global Cash Card Web Site (which may be accessed at http://www,globalcashcard.com) (the "Global Cash Card Privacy Policy Statement"), and,"n the course of performing its obligations under this Agreement, Global Cash Card shall at all times comply with the Global Cash Card Privacy Policy Statement. 6. CONFIDENTIALITY; NON -COMPETITION. 6.1. Confidentiality. Global Cash Card and the Client shall not, during the performance of this Agreement, or at any time after the termination or expiration hereof, sell or disclose to any third party, other than as may be required in the performance of their duties and obligations hereunder or as may be required by law, the terms of this Agreement or any of the procedures, practices or confidential dealings of and between each other. 6.2. Non -Competition. All information received by Global Cash Card and the Client with respect to the business of the other (other than information which is or, not as a result of Client's actions, becomes, a matter of public knowledge) shall not be disclosed by such person to any third parties without the prior express written consent of the other party. 6.3. Survival. The covenants and agreements set forth shall survive the consummation of the transactions contemplated by this Agreement. 7. TERMS AND TERMINATION 7.1. Term. The term of this Agreement shall commence as of the date first set forth above and shall continue thereafter until the anniversary of such date. Thereafter, this Agreement shall automatically renew for consecutive, successive terms of one (1) year each, for up to five years, unless and until either party hereto provides the other party written notice of non -renewal with ninety (90) days notice. 7.2. Termination. This Agreement may be terminated in any of the following manners: 7.2.1. Termination for Convenience by Either Party. This Agreement may be terminated at any time by either party upon ninety (90) days written notice. 7.2.2. Termination by Non -Renewal. This Agreement may be terminated by either party by written notice of non - renewal in accordance with the provisions of 7.1 hereof. 7.2.3. Other: • If at any time GLOBAL CASH CARD'S membership in, participation in or access to a network is terminated without notice, GLOBAL CASH CARD may terminate this Agreement with respect to that network without notice. • If at any time and for any reason GLOBAL CASH CARD or its licensors, suppliers or service providers access to networks is terminated or GLOBAL CASH CARD ceases providing its services, GLOBAL CASH CARD may terminate this Agreement upon written notice. • If at any time GLOBAL CASH CARD's issuing bank or banks terminates its relationship and or sponsorship, GLOBAL CASH CARD may terminate this Agreement upon written notice. 7.2.4. Event of Default. If any one or more of the following events (each, an "Event of Default") shall occur and be continuing: • The failure of a party to remit any payment required by this Agreement, which continues un-remedied for longer than ten (10) business days after written notification; • The failure of a party to observe or perform, in any material respect any other of the covenants, obligations or agreements set forth in this Agreement, which failure is not cured within thirty (30) days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given; • A decree or order of a court or agency or supervisory authority having jurisdiction for the appointment of a trustee, conservator, receiver, or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings,4 OF 10 PAYROLL CARD SERVICES AGREEMENT INITIAL CONFIDENTIAL REVISED 6/27/2017 or for the winding -up yor GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT liquidation of its affairs, shall have been entered against party hereto and such decree or order shall have remained in force, un-discharged or un-stayed for a period of sixty -days (60); • The consent by a party to the appointment of a conservator or receiver or liquidator in any insolvency readjustment of debt marshaling of assets and liabilities or similar proceedings relating to all or substantially all of such party's property; or • A party admits in writing its inability to pay its debts as they become due, file a petition to take advantage of any applicable insolvency or reorganization or statute, make an assignment for the benefit of its creditors, or voluntarily suspend payment of its obligations. • Then, and in each and every such case, so long as an Event of Default shall not have been remedied, the non - defaulting party, by notice in writing to the party in default, may, in addition to whatever rights the non - defaulting party may have at law or equity to damages, including injunctive relief and specific performance, terminate this Agreement. 8. Unwinding Relationship. Upon termination of this Agreement, the parties shall cooperate with each other to facilitate the termination of their relationship under this Agreement. Without limiting the generality of the foregoing, the parties shall cooperate to notify the Cardholders and any other third parties concerning which the parties hereto may mutually agree, In the event that this Agreement is terminated pursuant to an Event of Default, then the party in default shall bear the cost of any conversion or other expenses related to such termination. If this Agreement is terminated for any other reason, then the parties hereto shall share the cost of any conversion or other expenses related to such termination. 9. DISPUTES 9.1. Duty to Notify. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (hereinafter, a "Dispute"), the party raising such Dispute shall notify the other within thirty -days (30) from the date of its discovery of the Dispute. 9.2. Cooperation to Resolve Disputes. The parties shall cooperate and attempt in good faith to resolve any Dispute promptly by negotiating between persons who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration and performance of the provisions or obligations of this Agreement that are the subject of the Dispute. 9.4. Confidentiality. The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by any laws or regulations. 10. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGE; INDEMNIFICATION 10.1. Limitation of Liability. Neither Global Cash Card, the Client nor any of their respective directors, officers, employees or agents shall be under any liability for any action taken, or for refraining from the taking of any action in good faith pursuant to this Agreement; provided, however, that this provision shall not protect Global Cash Card, the Client or any such person against any breach of their respective representations, warranties, or covenants made herein, or against any specific liability imposed pursuant hereto or against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations or duties hereunder. Global Cash Card, the Client and any other respective directors, officers, employees or agents may rely in good faith on any document of any kind, which, prima facie, is properly executed and submitted by any appropriate person respecting any matters arising hereunder. 10.2. Indemnifications. To the extent permitted by the Laws of the State of Colorado, each party together with their respective directors, officers, employees or agents shall be indemnified and held harmless by the other party against any loss, liability or expense incurred in connection with any actions, proceedings or investigations (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) arising out of the indemnifying party's failure to perform its obligations under this Agreement, including without limitation its failure to comply with all federal, state, and local laws and regulations applicable to its activities, other than any loss, liability or expense incurred, in part or in whole, by reason of the indemnified party's willful misfeasance, bad faith or gross negligence in the performance of its duties hereunder or by reason of the indemnified party's reckless disregard of its obligations or duties hereunder. 10.3. Warranties; Limitation on Liability. GLOBAL CASH CARD MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES, PRODUCTS OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, AND WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GLOBAL CASH CARD'S SOLE RESPONSIBILITY TO THE CLIENT AND THE CARDHOLDERS SHALL BE TO MAKE THE SERVICE AVAILABLE INS OF 10ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND THE PAYROLL CARD SERVICES AGREEMENT CONFIDENTIAL e/ dINITIAL REVISED 6/27/201 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT CARDHOLDER AGREEMENT. IN NO EVENT SHALL GLOBAL CASH CARD BE LIABLE TO THE CLIENT, ANY CARDHOLDER OR ANY OTHER FIRM OR PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF GLOBAL CASH CARD HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SAME. 11. MISCELLANEOUS 11.1. Force Majeure. Neither party hereto shall be liable for any failure to perform its obligations under this Agreement due to: (i) acts of God, such as fires, floods, electrical storms, unusually severe weather and natural catastrophes; (ii) civil disturbances such as strikes and riots; (iii) acts of aggression, direct or consequential, such as explosions, wars, and terrorism; (iv) failure of any third party service to providers to adequately provide such services, including, without limitation ATM network services, the Bank's services, telecommunication services, and merchant POS services; (v) failures or fluctuations in electric power, heat, light, air conditioning, computer or telecommunications services or equipment; and (vi) acts of government, including, without limitation, the actions of regulatory bodies which significantly inhibit or prohibit either party from performing their obligations under this Agreement (each, a "Force Majeure"). In such event, the performance of such party's obligations shall be suspended during the period of existence of such force Majeure and the period reasonably required thereafter resuming the performance of the obligation. The parties shall use their best reasonable efforts to minimize the consequences of the Force Majeure. 11.2. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws without regard to conflicts of law or choice of law principles. 11.3. Notices. All demands, notices and communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by registered mail, postage prepaid, to: (a) in the case of Global Cash Card: (b) in the case of the Client: 7 Corporate Park Suite 130 Irvine, CA 92606 Attention: Business Services Attention: Facsimile: 949-833-7999 Facsimile: Telephone: 888-220-4477 Telephone: 11.4. Severability of Provisions. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be held invalid for any reason whatsoever, then such covenants, agreements, provisions, or terms shall be deemed severable from the remaining covenant, agreements, provisions, or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement. 11.5. Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. Any failure to insist upon strict compliance with any of the terms or conditions of this Agreement shall not be deemed a waiver of such terms or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or times be deemed a subsequent waiver or relinquishment of such right or power. 11.6. Counterparts. This Agreement may be executed in one or more counterparts and by the different parties hereto on separate counterparts, each of which when so executed, shall be deemed to be an original, and all such counterparts shall constitute one and the same agreement. An executed facsimile copy of this Agreement is sufficient to evidence this Agreement and the effectiveness hereof. 11.7. Schedules and Exhibits. The Schedules and Exhibits to this Agreement, as amended and in effect from the time of such amendment until subsequent amendment thereto, if any, are hereby incorporated and made a part hereof and are an integral part of this Agreement. 11.8. Entire Agreement. This Agreement, including the Exhibits and Schedules hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior to contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. This Agreement may be. modified or amended only in writing signed by the parties hereto. 11.9. Effect of Headings and Recitals. The Section and paragraph headings herein, as well as the recitals and preamble that precede the material provisions of this Agreement, are for convenience 60F10 PAYROLL CARD SERVICES AGREEMENT INITIAL CONFIDENTIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT only and shall not affect the construction hereof. 11.10. No Third -Party Beneficiaries. This Agreement is not intended, and shall not be construed to, confer any rights upon any shareholder, creditor, partner or joint venturer of Global Cash Card (except to the extent any such persons or entities may be indemnified hereunder), or any other person or entity, whether as third party beneficiaries or otherwise, against any party hereto or their respective directors, officers, agents, employees, representatives, affiliates or controlling persons. 11.11. Non -Exclusivity. The Client understands and agrees that Global Cash Card's relationship with the Client under this Agreement is non-exclusive, and that Global Cash Card may at any time establish similar relationships with one or more other parties for similar or any other purposes. 11.12. Amendment. This Agreement may be amended from time to time only in writing signed by Global Cash Card and the Client. 11.13. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and permitted assigns. Client shall not transfer or assign this Agreement without the prior written consent of Global Cash Card, such consent not to be unreasonably withheld, Global Cash Card shall be entitled to assign its rights to its parent, affiliate, subsidiary or any third party. 11.13. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 11.13. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. THE, U.S. PATRIOT ACT, BANK SECRECY ACT & KNOW YOUR CUSTOMER PROVISION REQUIRES ALL OF THE FOLLOWING: If a Corporation: Govem4 Tax Identification Number: 89-1odoo813 Please provide a copy of Articles of Incorporation. If a Limited Liability Organization: Tax Identification Number: Please provide a copy of Member Agreement. If a Partnership: Tax Identification Number: Please provide a copy of Partnership Agreement. If a Sole Proprietorship: Tax Identification Number: Please provide and a copy of Photo Identification (i.e. Drivers License, Passport ) • Company Contact Information. • Brief Outline of Company and length of time in business. 70F10 PAYROLL CARD SERVICES AGREEMENT CONFIDENTIAL INITIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT • List of Principals and addresses. (SEE NEXT PAGE) • Financial Statements / Tax Returns for Company. Please include all supporting documentation to this Payroll Card Services Agreement 80r10 PAYROLL CARD SERVICES AGREEMENT INITIAL CONFIDENTIAL REVISED 6/27/2017 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT CLIENT Board of Weld By. County Commissioners Name: Julie A. Cozad title: Chair Email: jcozad@weldgov.com Direct Line: 970-400-4228 Website: weldgov. com DEC G 2017 Date: PAYROLL CARD SERVICES AGREEMENT CONFIDENTIAL GLOBAL CASH CARD, INC. By: Name: Signature: Title: P Email44€05globalcashcard.corn Direct Line: (888) 220-4477 Ext 202 Website: www.&Iobalcashcard_com. 10 or 10 Date' rdi INITIAL REVISED 6/27/2017 a0/1-1/1026 / I026 GLOBAL CASH CARD PAYROLL CARD SERVICES AGREEMENT Meta Payment Systems® Beneficiary Ownership Information Principal Information APPLICATION DECLARATION: The undersigned Application represents that all the information contained in this application, acknowledges that in order to fight the funding of terrorism and money laundering activities, Meta Payment Systems is required Systems, or its agents. Therefore, the undersigned agrees that Meta Payment Systems is authorized to obtain Consumer and Investigation in connection with this Application. Applicant authorizes Meta Payment Systems or any of its agents to investigate Payment Systems may accept or deny this Application in its reasonable discretion. Principal #1 (Personal Information) Please complete for owners that hold 25% or more only. Percentage owned by principal: % and any other documentation supplied thereto, is true and correct. The undersigned to verify the identity of each person who enters into a relationship with Meta Payment (if applicable) Business Credit Reports and to undertake a Criminal Background information or data obtained from this Application. Applicant acknowledges that Meta First Name: _ Middle Name: Last Name: __ Date of Birth: / / (MM/ DD/ Year) SSN: - - / Country of Origin: (Country of birth) Or Government Issued ID: Country of Issuance: __ Issue Date: / / Expiration Date: / Physical Address: _ City: — State: ZIP Code: Signature: Principal #2 (Personal Information) Please complete for owners that hold 25% or more only. Percentage owned by principal: % Date: First Name: Middle Name: Last Name: Date of Birth: / / (MM/ DD/ Year) SSN: - - Or Government Issued ID: Country of Issuance: _ Issue Date: / / Expiration Date: / /_ Country of Origin: (Country of birth) Physical Address: City: State: ZIP Code: Signature: Principal #3 (Personal Information) owned by principal: % Date: Please complete for owners that hold 25% or more only. Percentage First Name: Middle Name: __ Last Name: Date of Birth: / / (MM/ DD/ Year) SSN: _- - Or Government Issued ID: __ Country of Issuance: Issue Date: / / Expiration Date: / / Country of Origin: (Country of birth) Physical Address: City: __ State: ZIP Code: Signature: Principal #4 (Personal Information) Please complete for owners that hold 25% or more only. Percentage owned by principal: % Date: First Name: Middle Name: Last Name: Date of Birth: / / SSN: - - / Country of Origin: (Country of birth) Or Government Issued ID:_ Country of Issuance: Issue Date: / / Expiration Date: / (MM/ DD/ Year) _ Physical Address: Cit : State: a ZIP Code: YROLL CARD SERVICES AGREEMENT 9 OF le Signature: Date: INITIAL CONFIDENTIAL REVISED 6/26/2017 WITNESS WHEREOF, Global Cash Card and the Client have caused this Agreement to be duly executed the date and year first above by their duly authorized representative. Draft For Discussion Purposes PAYROLL CARD SERVICES AGREEMENT Weld County Government 10 / 31 /2017_ EXHIBIT A PAYCARD PROGRAM SET-UP NO FEE WEB INTERFACE/API NO FEE IMPLEMENTATION, TRAINING & FOLLOW-UP NO FEE MARKETING MATERIALS (BROCHURES, CHECK STUFFERS, POSTERS, ETC.) NO FEE IVR MESSAGING FEATURE NO FEE CARD COST "INSTANT ISSUE" MCNISA NO FEE CARD COST / " PERSONALIZED " MCNISA NO FEE FUNDING / INCOMING WIRE NO FEE LOAD BY - BY DIRECT DEPOSIT NO FEE LOAD BY "REAL TIME" " BATCH PROCESSING" NO FEE LOAD BY WEB INTERFACE ( INDIVIDUAL LOADS) NO FEE PAYSTUB POSTING (CARDHOLDERS & NON -CARDHOLDERS) NO FEE W2 POSTING (CARDHOLDERS & NON -CARDHOLDERS) NO FEE REPORTING , NO FEE DUO TWO -FACTOR AUTHENTICATION (2 @ NO FEE) $250/EACH ON SITE FIELD SUPPORT NO FEE MOBILE CAPABILITY: • ADMINISTRATOR MOBILE WEB NO FEE BULK SHIPPING NO FEE CARD INVENTORY MANAGEMENT NO FEE SELF SERVICE DIRECT DEPOSIT FUNCTIONALITY NO FEE NOTIFICATIONS: • TELECOM • EMAIL • TEXT MESSAGE CARDHOLDER FEES PAYCARD PROGRAM ENROLLMENT FEE ANNUAL FEE MONTHLY FEE REWARDS PROGRAM / ENROLLMENT REWARDS PROGRAM / MONTHLY CARDHOLDER MOBILE WEB CARD REPLACEMENT / ADDITIONAL CARDS (1 FREE EACH CALENDAR YEAR) GLOBAL PROTECT ATM- UNITED STATES WITHDRAWAL (IN NETWORK ALL POINT AND MONEY PASS) WITHDRAWAL (OUT OF NETWORK) OTHER TRANSACTIONS ATM- OUTSIDE UNITED STATES WITHDRAWAL OTHER TRANSACTIONS POINT OF SALE - UNITED STATES SIGNATURE PURCHASE PIN PURCHASE SIGNATURE DECLINE PIN DECLINE RETURN NO FEE NO FEE NO FEE NO FEE $3.00 $0.80 1 oF3 NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE $2.50 $1.00 $2.50* $2.25 NO FEE NO FEE $0.50 NO FEE INITI LS DATE INITIA DATE REVISED 6127/2017 CONFIDENTIAL Draft For Discussion Purposes PAYROLL CARD SERVICES AGREEMENT Weld County Government 10 / 31 /2017_ EXHIBIT A POINT OF SALE - OUTSIDE UNITED STATES SIGNATURE PURCHASE PIN PURCHASE SIGNATURE DECLINE PIN DECLINE RETURN MONEY TRANSFER WORLDWIDE (CARD TO CARD) $1 - $2500 (DAILY LIMIT IS $2,500) PIN CHANGE AUTOMATED TELEPHONE (U.S.) OPERATOR ASSISTED (U.S.) AUTOMATED TELEPHONE (OUTSIDE U.S.) OPERATOR ASSISTED (OUTSIDE U.S.) WEBSITE LOG IN G -CHECK (CASHED AT WAL-MART) PERIODIC STATEMENT (ELECTRONIC - ONLINE) PERIODIC STATEMENT (MAILED - IF REQUESTED) TRANSFER TO/FROM CHECKING ACCOUNT (ACH) GLOBAL CASH CARD CONVENIENCE CHECK OVER THE COUNTER (U.S.) " BANK TELLER" OVER THE COUNTER (OUTSIDE U.S.) " BANK TELLER" INACTIVITY FEE / MONTHLY (AFTER NINETY -DAYS (90) OF NO TRANSACTIONS MOBILE CAPABILITY • CARDHOLDER 2 -WAY TEXT • CARDHOLDER MOBILE WEB BALANCE INQUIRY • ONLINE • IVR • LIVE CUSTOMER SERVICE • GLOBAL PROTECT CARDHOLDER NOTIFICATIONS • TELECOM • EMAIL • TEXT MESSAGE BILL PAY • CARDHOLDER DIRECT TO MERCHANT • ONLINE • TELEPHONE $0.80 NO FEE NO FEE NO FEE NO FEE 2% NO FEE NO FEE NO FEE NO FEE * NO FEE $0.50 NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE $1.00 $3.50 "' LOADS ARE TRANSACTIONS NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE LOAD CARD DIRECT DEPOSIT NO FEE LOAD CARD - ADDITIONAL EMPLOYEE IDENTIFICATION MAY BE REQUIRED GOVERNMENTAL BENEFITS WESTERN UNION (CASH ONLY - U.S. ONLY) MONEYGRAM (SELECT LOCATIONS / CASH ONLY - U.S. ONLY) NO FEE FEE CHARGED BY VENDOR " FEE CHARGED BY VENDOR " 2oF3 INITIALS INITIALS VISED 6/27/2017 CONFIDENTIAL Draft For Discussion Purposes PAYROLL CARD SERVICES AGREEMENT Weld County Government _10/31/2017_ EXHIBIT A INGO MONEY FEE CHARGED BY VENDOR ** * CURRENCY CONVERSION FEE MAY APPLY ** NO FREE TRANSACTION / FEE CHARGED BY VENDOR ***THERE WILL BE NO INACTIVITY FEE FOR MINNESOTA RESIDENTS *** EFFECTIVE JANUARY 1, 2015 ILLINOIS RESIDENTS AND EFFECTIVE OCTOBER 1, 2016 CONNECTICUT RESIDENTS WILL BE PROVIDED NO FEE POINT OF SALE TRANSACTIONS, TWO (2) DECLINES MONTHLY AT NO FEE, AND INACTIVITY FEE NOT ASSESSED UNTIL AFTER 12 CONSECUTIVE MONTHS OF NO ACTIVITY. *** EFFECTIVE MAY 3, 2017 PENNSYLVANIA RESIDENTS WILL BE PROVIDED NO FEE POINT OF SALE TRANSACTIONS, ONE IN - NETWORK ATM WITHDRAWAL AT NO FEE AND INACTIVITY FEE NOT ASSESSED UNTIL AFTER 12 MONTHS OF NO ACTIVITY. 3 OF 3 INITIALS DATE INITIALS, DATE REVISED 6/27/2017 CONFIDENTIAL Global Cash Card December 19, 2017 Julie Cozad Weld County Government 1150 O Street Greeley, CO 80631 Dear Julie: RECEIVED JAN 042018 WELD COUNTY COMMISSIONERS On behalf of Global Cash Card, it is a pleasure to welcome you. At Global Cash Card our mission is to deliver "World Class" products and services through the pursuit of excellence. That means you can expect the absolute best from us. As a preferred client, your business is highly valued and appreciated. Here at Global Cash Card our team of customer service professionals, technical staff, sales personnel and management are knowledgeable, courteous and will be responsive to your needs. We will be committed to exceed your expectations. We sincerely thank you for choosing Global Cash Card. Regards, Miguel Cardenas Chief Compliance Officer Senior Vice President of Operations GLOBAL CASH CARD miguel@glohalcashcard.com www.globalcashcard.com MC:ts 7 Corporate Park, Suite 130 • Irvine, CA 92606 • Tel: 888-220-4477 • Fax: 949-833-7990 Hello