HomeMy WebLinkAboutContract 41124-A3,_ -;,~$ ~ 111l~t:UI\ ', 'l' I ~speed pay ~
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Via Overni~ht Mail CITY SECRETAIW
CONTRACT NO. f/JJ?l/-yt3 City of Fort Worth Municipal Court
Attn : City Manager
1000 Throckmorton
Fort Worth, TX 76102
Regulatory Update Acknowledgement
City Manager:
We appreciate your continued patronage as a client (Client) of Speedpay Inc. (Speedpay). We are
writing to address recent regulatory trends in the payments business and to ensure that our
continued provision of payments services is clearly defined. As described in the payments services
agreement between you and Speedpay (Agreement), during the process of facilitating your
acceptance of consumer payments from your Customers (Customer Payments), Speedpay provides
an aggregated settlement payment to you of Customer Payments from various Customer Payment
types ( e.g., various card networks, debit networks, Originating Depository Financial Institutions
(ODFis), etc.). In most cases, this is a prefunded settlement payment that allows our Clients to
receive settlement of their Customer Payment funds earlier and in a more convenient aggregated
manner; we are also able to provide various reports from all Customer Payments types
consolidated into a single payment stream.
As part of this consolidated settlement process, Speedpay and/or its licensed money transmitter
affiliate, Western Union Financial Services, Inc. (Western Union) may, as your agent, receive and
temporarily hold Customer Payment funds . Certain states have come to require this "Agent of the
Payee" relationship to be formally represented in the Client contract. Speedpay has an obligation
under the Agreement to comply with law in our continued provision of services.
Therefore, through this letter and your return acknowledgement, we wish to clarify the following
with regard to the Customer Payments and the Agreement (and by your acknowledgement,
Western Union shall be expressly joined as a party to the Agreement for the limited purpose of the
following enumerated statements 1 -4, and such enumerated statements shall become part of the
Agreement as clarifying statements of the payment processing relationship formed by the
Agreement):
1. The funds comprising the Customer Payments are Client's property.
2. Speedpay and Western Union are acting as Client's authorized agents for the limited
purpose of receiving Customer Payments from Customers on the Client's behalf and Client
expressly authorizes Speedpay and Western Union to receive Customer Payment funds on
Client's behalf.
3. Payment from Customer to Speedpay or Western Union shall be considered payment to
Client, extinguishing Customer's payment obligation to the Client (in the amount paid by
Customer) as if the Customer had paid the Client directly. Such is the case even if the
Customer Payments is not received by Client from Speed pay or Western Union .
4. Speedpay, and not the individual Customer, is solely liable to Client for Customer Payment
funds if Speed pay or Western Union fails to remit Customer Payment funds to Client.
12500 East Belford Avenue
Englewood , CO 80112
1 of 2
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
These statements do not change the nature of the relationship between the parties, nor any of the
processes, procedures, or means by which Speedpay performs the payment services under the
Agreement. Rather, this letter is to allow us to comply with the requirement that these items be
specifically set forth in writing between the parties. Further, these statements only apply if, and to
the extent, that Western Union and/or Speedpay actually hold Customer Payment funds under a
Speedpay services agreement. If you receive money-transfer payments through Western Union
( e.g., the "Retail Money Transfer Service," "Quick Collect," or "Convenience Pay,"), those
relationships are not impacted by this letter.
Therefore, please have an authorized signor acknowledge the receipt and acceptance of the terms
of this letter in the signature blank below. Please return an executed version of this letter no later
than lune 3, 2016 to avoid any potential suspension of service.
You may email the completed acknowledgement to Speedpa yNotices@westernunion .com . or mail it
to:
Speedpay, Inc.
Attn. Diane Bartkewicz, Payments Contract Administration
12500 East Belford Ave, Mail Stop M22A3
Englewood, Co 80112
Acknowledged & Agreed by
City of Fort Worth Municipal Court
Signature
v~f)\-< w~svi .lAf!lY' 1 Af#)
Printed Name and Title
Date StllJ
Dakis ha R . Wesley 1t f Zl>/p
Randy Acocelli, Vice-President, April 18, 2016
Acknowledged & Agreed by Western
Union Financial Services, Inc.
Signature
Randy Acocelli, Vice-President
Printed Name and Title
April 18. 2016
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVED AS TO FORM AND LEGALITY:
Inte rim Municipal Court
Services Director
12500 East Be lford Avenue
Eng lewood . CO 80112
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CITY ATTORNEY ~~~ A. M'~""'-
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